Terms of Use

Effective Date: June 26, 2018

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Web Site License and Access

As a user of this APG website and associated microsites (“Site”), unless otherwise stated, you are granted a single user, non-exclusive, non-transferrable, revocable limited license to access and use this website and its content in accordance with these Terms of Use. APG may terminate this license at any time where it considers its copyright or intellectual property rights have been or may be infringed accidentally or otherwise or that the scope of usage is or is intended to be outside the permitted Terms of Use.

Certain products and services are available to users who are prepared to complete registration documentation. Upon satisfactory completion of registration documentation online or offline, confidential access codes may be provided to enable continued access online with full or partial permitted exposition of particular data files, reports, or permitted downloading of content. The access code(s) so provided are intended for your sole use and may not be passed to co-workers or to third parties. If accidental or other misuse of confidential access codes occurs or is believed to occur, APG reserves the right to treat each such occurence(s) as a breach of these Terms Of Use and to withdraw access to the products and services. If the user becomes aware or suspects an unauthorized person has obtained the access codes, the user should immediately notify APG so the situation may be rectified.

Subscription

Where products or services are offered by subscription, online access will be supplied subject to the Terms Of Use stated herein provided the subscription remains paid-up. Access request(s) or connection(s) beyond a subscription term or beyond the scope of the subscription paid to date, may not be partially, continuously or completely provided until the condition is regularized. Additional terms regarding subscription products are set out in the product registration forms or service agreements.

Your Conduct

The content on this Site is for your personal use only within the organization or entity to which you are attached as applicable, and it is not intended for commercial exploitation unless expressly agreed in writing by APG. APG authorizes you to download or reproduce selected materials at this Site only for your personal, non-commercial use, in the ordinary course of business provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials and that the title or database brand name and APG name is stated as the source.

You may not otherwise modify, disassemble, create derivative works, distribute, reproduce, publicly display, perform, transmit, re-transmit, sell, rent, sublicense, or otherwise use any materials or content on this Site for commercial or non-commercial exploitation by yourself or the organization or entity to which you are attached or permit third parties to so do. Without limitation, unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content is not permitted, and any use of these materials on any other website or networked computer environment for any purpose without APG‘s prior written consent is prohibited.

The content and materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials

Third Party Content and Links

In the provision of reports, training and reference material, data, information, or other materials, APG may use its own staff resources or those of third parties or a combination of such resources in the preparation and presentation of said material(s). APG will take all reasonable steps to ensure the accuracy of such material(s). APG reserves the right to make alterations to products and services from time to time in the interests of maintenance, operability, accuracy, topicality, and usefulness. APG warrants that it has taken all reasonable steps to ensure such material(s) is free of intellectual property infringement insofar that this is possible. In addition, this Site and any associated microsites may provide links to other Internet sites or resources (“third party links”). APG is providing these third party links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by APG of those sites.

Because APG has no control over such external resources and sites, you acknowledge and agree that APG is not responsible for the availability of such external resources and sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external resources and sites. APG may terminate the availability of such external resources and sites through links on its Site at any time. APG will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through these channels.

Intellectual Property Rights

The contents of the data and information made available on this Site including, but not limited to text, data, graphics, and icons, are copyrighted and/or licensed materials owned or licensed by APG, including its affiliates or subsidiaries. APG, www.flyAPG.com, and other unique record locators (URL) and or other APG logos and product and service names are trademarks of APG, which are protected by applicable laws of certain countries. All rights are reserved. You must not modify, decompile, or reverse engineer any software APG discloses to you via this Site, and you must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the website. ” APG Trademarks” means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations APG uses in connection with Products or Services. You are not permitted to incorporate any APG Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. Any unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimer of Warranties

While every effort has been made to ensure the quality and accuracy of information displayed on this Site, APG makes no warranty, express or implied, concerning the Site and its contents and disclaims all warranties, including, but not limited to, warranties of fitness for a particular purpose and warranties of merchantability. APG further makes no warranty that the Site or any websites linked thereto will be error free, free of viruses or other harmful components, or that any defects will be corrected.

APG disclaims all responsibility for any loss, injury, claim, liability or damages of any kind arising out of use of this Site or access to third party links, contents or sites via this Site. APG does not warrant that access to this Site or linked third party websites will be available at all times, but it will take all necessary steps to rectify fault(s) as soon as reasonably practicable.

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from APG or through or from this Site will create any warranty not expressly stated in the terms or applicable service agreements. APG‘s employees are not authorized to vary these terms.

Limitation of Liability

To the extent not prohibited by applicable law, APG is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if APG has been advised of the possibility of such damages), however caused and regardless of the theory of liability, arising out of or related to:

(i) the use of or the inability to use this Site;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or  messages received or transactions entered into through or from the Site;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Site; or
(v) any other matter relating to the Site.

You have sole responsibility for adequate protection and backup of data and equipment used in connection with the Site and will not make a claim against APG for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials. You agree to hold APG harmless from, and you covenant not to sue APG for, any claims based on using the website.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

User Submissions and Privacy

APG does not want to receive confidential or proprietary information from you through this Site. Any material, information, or other communication (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. APG will have no obligations with respect to the Communications. APG and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. APG is committed to maintaining the privacy of those using this Site and has a privacy policy that governs the treatment of any personal information received through your visit to this Site. Personally identifiable information that you submit to APG for the purpose of receiving products or services will be handled in accordance with APG‘s privacy policy. Your use of this Site is subject to APG‘s privacy policy.

Severability

If any term or provision of these Terms of Use is held invalid or unenforceable, such term or provision will be replaced by a valid and enforceable provision containing as close to the original intent of the parties as possible in light of the intent of these Terms of Use. The remainder of these Terms of Use will not be affected thereby and each remaining term and provision of these Terms of Use will be valid and enforceable to the fullest extent permitted by law.

Headings

The headings of the sections included in these Terms of Use are inserted for convenience only and are not intended to affect the meaning or interpretation of these Terms of Use.

No Waiver

No failure or delay by APG to exercise any right or remedy will be a waiver thereof, nor will any written waiver or consent extend to any instance other than the one for which it is given.

Governing Law
These Terms of Use will be interpreted under and governed by the laws of the State of Colorado, U.S.A. without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction to these Terms of Use. The United Nations convention on contracts for the international sale of goods will not apply to these Terms of Use.

GDPR Compliance Regarding Data Retention and Account Termination By signing up you agree our terms and you have read our privacy policy. You may receive email updates from APG and you can opt out at anytime. In order to opt out or unsubscribed from APG mailings, contact sales@apgdata.com.

Aircraft Performance Group’s Online Privacy Policy

Effective Date: June 26, 2018

Aircraft Performance Group, Inc. (“APG”) respects your privacy and is committed to using responsible practices in the collection, maintenance, and use of your personal information. This privacy policy explains our online information practices and applies to your use of www.flyapg.com (the “Website”) and other services offered through the flyapg.com domain (the “Privacy Policy”).

Collection of Information

Personally Identifiable Information

Throughout our Website, you may voluntarily submit information that personally identifies you (“Personally Identifiable Information”). In general, you can visit our Website without telling us who you are or sharing any Personally Identifiable Information about yourself except as follows: APG only collects Personally Identifiable Information about you if you choose to share it with us. For example, you may subscribe to one of our blogs by providing your email address to us, utilize an online performance service, or you may submit Personally Identifiable Information for a job application on our Website. You may also choose to provide Personally Identifiable Information by contacting an individual at APG via an email address provided in a hyperlink. Personally Identifiable Information may include, but is not limited to, your name, email address, physical address, and phone number.

Anonymous Usage Data

Like many other websites, ours may collect anonymous usage data (“Non-Personally Identifiable Information”) about your activity at this Website. We may store information about the type of browser you are using, your Internet Protocol (“IP”) address, the time, date, and length of your visit, and the referring site. This information is collected via computer code sent to your computer (commonly referred to as a cookie). The cookie will not expire, unless you manually delete it or set your browser to reject it. If you do not accept the cookie, however, you may have difficulty navigating our full Website.

Use of Information

APG uses Non-Personally Identifiable Information to manage this Website. We may analyze aggregated anonymous information on the pages visited by our users to make our Website more accessible and useful. Further, we may share this data with third parties, usually to provide services for APG associated with the maintenance of the Website.

Except as outlined in this Privacy Policy or on the Website, APG will not sell or share your Personally Identifiable Information to others without your consent. If you choose to submit Personally Identifiable Information to the Website, we will use the information for the purpose you requested. For example, if you submit your email address to subscribe to one or more of our blogs, we will use that information to send you the blog(s). We may keep your information and use it to provide you with additional information in the future that we deem to be of interest to you. In addition, we may share this information with third parties to fulfill your request or to provide other services that may be of interest to you. If you do not wish APG to use your information in this manner, then do not submit any Personally Identifiable Information to us. In addition, APG may disclose Personally Identifiable Information about you if APG believes in good faith that the law requires it (such as a subpoena, court order, or a law enforcement request), or if we reasonably believe it is necessary to protect our legal interests. The information collected from you may be transferred to a third party in the unlikely event of a sale, acquisition, merger, or bankruptcy involving APG.

Links to Other Websites

For your convenience, our Website contains links to other websites (including, but not limited to, several social media sites) whose information and privacy practices are probably different than ours. If you choose to use these links, you will leave our Website and will then be subject to the privacy and information practices of those websites. We do not control and are not responsible for any of their content or their privacy policies. We do not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you choose to access any of the other websites listed on our Website, you should understand that you do so at your own risk.

Security

We employ commercially reasonable security measures to reduce the risk of unauthorized access to your Personally Identifiable Information. However, we cannot and do not guarantee that these measures will be sufficient to protect against all efforts to gain unauthorized access to that information.

Children’s Privacy

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Our Website is not directed to children under the age of 13, and we do not knowingly collect Personally Identifiable Information from children under the age of 13. If we receive Personally Identifiable Information that we discover was provided by a child under the age of 13, we will promptly destroy such information. Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.

California Privacy Rights

Pursuant to California Civil Code Section 1798.83, California residents may request certain information regarding our disclosures in the prior calendar year, if any, of their Personally Identifiable Information to third parties for their own direct marketing purposes. To make such a request, please contact us at: support@apgdata.com with “California Privacy Rights Request” in the subject line. You must include sufficient detail for us to locate your file: at a minimum, your name, email address, and postal address.

Application of United States Laws

Our Website is based on computers located in the United States. Your Personally Identifiable Information will be used and stored in the United States, where data protection and privacy regulations may differ from the level of protection in other parts of the world, such as in Mexico, Canada, and the European Union.

How to Contact Us

If you have any questions or concerns about APG’s Privacy Policy or its implementation, you may contact us at support@apgdata.com. If at any time you decide that we should no longer hold any of your personal data or wish to change the use to which any such data can be put, please let us know by emailing us at support@apgdata.com.

Consent and Revisions

APG may amend this Privacy Policy at any time without specific notice to you. You can determine if this Privacy Policy has been revised since your last visit by referring to the “Effective Date” at the top of this page. Your use of our Website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should review this Privacy Policy each time upon visiting the Website to stay informed of its terms.