AGREEMENT BETWEEN USER AND
THE TEXAS PILOTS ASSOCIATION (THE TPA)
The TPA Web Sites constitute various Web sites and Web
pages operated by The TPA or its affiliates (collectively, the "TPA Web
The TPA Web Sites are offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the TPA Web Sites constitutes your agreement to all such terms,
conditions, and notices.
Additionally, the TPA Web Sites may themselves contain additional terms
that govern particular features or offers (for example, sweepstakes or chat
In the event that any of the terms, conditions, and notices contained
herein conflict with the terms and guidelines contained within any
particular TPA Web Site, then these terms shall control.
The TPA reserves the right to change the terms, conditions, and notices
under which the TPA Web Sites are offered, including but not limited to the
charges associated with the use of the TPA Web Sites. You are responsible
for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the TPA Web Sites are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained
from the TPA Web Sites.
LINKS TO THIRD PARTY SITES
The TPA Web Sites may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of the TPA and the TPA is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to
a Linked Site. The TPA is not responsible for webcasting or any other form
of transmission received from any Linked Site. The TPA is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by The TPA of the site or any association with its
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TPA Web Sites, you warrant to the TPA
that you will not use the TPA Web Sites for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the TPA
Web Sites in any manner that could damage, disable, overburden, or impair
the TPA Web Sites or interfere with any other party's use and enjoyment of
the TPA Web Sites. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided
for through the TPA Web Sites.
USE OF COMMUNICATION SERVICES
The TPA Web Sites may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send,
and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent, or unlawful topic,
name, material, or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all necessary
- Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows
- Conduct or forward surveys, contests, pyramid schemes, or chain
- Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations, or labels of the origin or source of
software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
- Violate any code of conduct or other guidelines that may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The TPA has no obligation to monitor the Communication Services. However,
the TPA reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. The TPA reserves
the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
The TPA reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process, or
governmental request, or to edit, refuse to post, or to remove any
information or materials, in whole or in part, in the TPA's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. the TPA does
not control or endorse the content, messages, or information found in any
Communication Service, and, therefore, the TPA specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Participants
are not authorized TPA spokespersons, and their views do not
necessarily reflect those of the TPA.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction, and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO THE TPA OR POSTED AT ANY TPA WEB SITE
The TPA does not claim ownership of the materials you provide to the TPA
(including feedback and suggestions) or post, upload, input, or submit to
any TPA Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing, or submitting your
Submission you are granting the TPA, its affiliated companies, and necessary
sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate, and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. The TPA is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in the
TPA's sole discretion.
By posting, uploading, inputting, providing, or submitting your
Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post,
upload, input, or submit the Submissions.
SOFTWARE AVAILABLE ON THE TPA WEB SITES
Software (if any) that is made available to download from the TPA Web
Sites, excluding software that may be made available by end-users through a
Communication Service ("Software"), is the copyrighted work of the TPA
and/or its suppliers. Your use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you
first agree to the License Agreement terms. For any Software not accompanied
by a license agreement, the TPA hereby grants to you, the user, a personal,
non-transferable license to use the Software for viewing and otherwise using
no other purpose provided that you keep intact all copyright and other
proprietary notices. All Software is owned by the TPA and/or its suppliers
and is protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export
control laws and regulations of the USA. You agree not to export or
re-export the Software, directly or indirectly, to any countries that are
subject to USA export restrictions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE TPA WEB SITES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. TPA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE TPA WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE TPA WEB
SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
THE TPA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON
THE THE WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. THE TPA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
IN NO EVENT SHALL THE TPA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE TPA WEB SITES, WITH THE DELAY OR INABILITY TO USE THE TPA
WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS OBTAINED THROUGH THE TPA WEB SITES, OR OTHERWISE ARISING OUT OF THE
USE OF THE TPA WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE TPA OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TPA WEB SITES, OR
DISCONTINUE USING THE TPA WEB SITES.
The TPA reserves the right, in its sole discretion, to terminate your
access to any or all the TPA Web Sites and the related services or any
portion thereof at any time, without notice.
This agreement is governed by the laws of the State of Texas, U.S.A. You
hereby consent to the exclusive jurisdiction and venue of courts in Tarrant
County, Texas, U.S.A. in all disputes arising out of or relating to the use
of the TPA Web Sites. Use of the TPA Web Sites is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists
between you and the TPA as a result of this agreement or use of the TPA Web
Sites. TheTPA's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation
of the TPA's right to comply with governmental, court, and law enforcement
requests or requirements relating to your use of the TPA Web Sites or
information provided to or gathered by the TPA with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision,
and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and the TPA with respect to the TPA Web Sites, and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written, between the user and the TPA with
respect to the TPA Web Sites. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the TPA Web Sites are:
Copyright ? 2008-2012 The TPA and/or its suppliers,
Cooper St. Ste.131-289, Arlington, TX 76017, U.S.A.
All rights reserved.
TRADEMARKS. TPA and/or other TPA products referenced herein are either
trademarks or registered trademarks of the TPA (ex. "No Plane, No Gain!" ,
"The Peter Pan Club", "Fly Texas Magazine", "FTX", etc.) . The names of actual
companies and products mentioned herein may be the trademarks of their
Any rights not expressly granted herein are reserved.
AUCTIONS & CLASSIFIEDS
ELIGIBILITY; AUTHORIZED USE
You warrant that you are at least 18 years of age and possess the legal
authority to enter into this agreement and to use the TPA Auctions &
Classifieds, including the buying, selling and listing of items, and any
other services offered on this site (collectively, the "Services") in
accordance with all terms and conditions herein. If you are buying or
selling goods using the Services, you further warrant that you have legal
authority to enter into other binding agreements for the sale or purchase of
goods. You agree to be financially responsible for all of your use of the
Services (as well as for use of your account by others, including without
limitation minors living with you). You agree to supervise and be
responsible for all usage of minors of the Services under your name or
account. You also warrant that all information supplied by you or members of
your household in using the Services, including without limitation your
name, e-mail address, street address, telephone number, credit card number,
and if you are selling goods, all information about your listed goods, is
true and accurate. Failure to provide accurate information may subject you
to civil and criminal penalties.
The TPA reserves the right to charge listing fees for certain listings, as
well as transaction fees based on certain completed transactions using the
Services. The TPA further reserves the right to alter any and all fees from
time to time, without notice.
You shall be completely responsible for all charges, fees, duties, taxes,
and assessments arising out of the use of the Services.
USING THE SERVICES
The TPA Auctions & Classifieds are offered solely as a forum for you to use
the Services to buy and sell goods. The TPA is not involved in any
transaction between you and any other party who uses this Site, and is not
acting as your or any other party's agent. The TPA cannot screen, censor, or
otherwise control the listings or any transactions, including whether a
listing is accurately described, whether an item can be legally purchased or
sold in your jurisdiction, or whether a transaction will be completed as
described by the seller or the buyer. Further, the TPA cannot control or
warrant the behavior of the users of the Services. As such, your use of the
TPA Auctions & Classifieds and its Services is at your own risk, and the TPA
disclaims any liability with regard to use of the Services and any actions
resulting from your or any other party's participation in the Services. You
hereby agree to release the TPA, its suppliers, service partners, agents,
employees, consultants, and trustees from all claims, demands, and damages,
whether actual or consequential, of every kind, whether known or unknown,
disclosed or undisclosed, arising out of or relating to any and all
listings, transactions, or any other use of the TPA Auctions & Classifieds
and the Services. Further, because the TPA is not involved in any
transactions between you and other users of the Services, the TPA cannot and
will not be involved in resolving any disputes relating to any completed or
uncompleted transaction for the purchase or sale of listed goods.
You warrant that you will abide by all additional procedures and
guidelines, as modified from time to time, in connection with your use of
the Services. You further warrant that you will comply with all applicable
laws and regulations regarding use of the Services. Without limitation, by
listing an item for sale, you warrant that you have the legal right to sell
the item, that the item is not counterfeit, and that it is a genuine and
authentic item as described by the seller; by making a bid or offer to
purchase, you warrant that you have the legal right to make the bid and the
resources to honor the bid.
It is your responsibility to determine whether the purchase or sale of
any listed item is authorized by law, statute, or regulation. Without
limitation, the following items may not be sold or offered for sale on the
TPA Classifieds: firearms, explosives, and ammunition; alcoholic beverages;
tobacco products; food that is not packaged or does not comply with all
applicable laws for sale to consumers by commercial merchants;
pharmaceuticals and controlled substances; counterfeit, pirated or stolen
goods; counterfeit, pirated or other unauthorized software, including
unlicensed back-up copies, beta or pre-release software, academic edition
software licensed solely for use by authorized educational institutions and
other users, "fulfillment" software or other software not intended for
general public distribution, copies installed on hardware hard drives
without authorization, or software unbundled from the hardware it was
purchased on or with; any goods that infringe or otherwise violate another
party's rights, including copyright, patent, trademark, or rights of
publicity or privacy; goods that are, in the TPA's sole discretion,
indecent, obscene, or pornographic; registered or unregistered securities;
goods that you do not have the legal right to sell; goods that are
misrepresented or that do not in fact exist; goods that, if sold via the
Services, would cause the TPA to violate any law, statute, or regulation.
The TPA reserves the right to cancel any listing or bid at any time for
any reason, with or without cause, and reserves the right to prohibit or
restrict access to the Services to anyone at any time, with or without
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