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Terms and Conditions for Posting of Information
and Purchasing Goods or Services on BellNetX
Scope - These Terms and Conditions for Posting of Information and Purchasing of Goods or Services on BellNetX, as may be amended from time to time ("Posting and Purchasing Terms"), govern the use of BellNetX by any User, the Posting of Information or advertising on BellNetX, and the purchase of goods or services on or through BellNetX so please read these Posting and Purchasing Terms carefully. These Posting and Purchasing Terms incorporate the Terms of Use (as hereinafter defined) which you can link to under Paragraph 36. IF YOU DO NOT ACCEPT THESE POSTING AND PURCHASING TERMS AND THE TERMS OF USE, OR IF YOU DO NOT AGREE TO BE BOUND BY THESE POSTING AND PURCHASING TERMS AND THE TERMS OF USE, THEN YOU SHOULD NOT (i) USE OR BROWSE THROUGH THIS SITE OR (ii) POST ANY INFORMATION, PLACE ANY ADVERTISEMENT, OR PURCHASE ANY GOOD OR SERVICE DISPLAYED, POSTED OR ADVERTISED ON BELLNETX. PLEASE PROMPTLY EXIT BELLNETX.
Definitions - For purposes of these Posting and Purchasing Terms, the following terms will have the meanings set forth below:
Advertising Agreement - means that certain standard advertising agreement to be entered into between Bell and any User wishing to Post a Frame Advertisement of any nature whatsoever on BellNetX.
"Bell" means Bell Helicopter Textron Inc. and its subsidiaries and managed companies.
"BellNetX" or "Site" shall mean this web site.
"Frame Advertisement" or "Advertisement" means the placement of a logo, banner or display around the perimeter or frame (including without limitation any header or footer) of the main BellNetX "home" page or any subordinate BellNetX page. The prices for, time frames and the approximate appearance for the Posting of such Frame Advertisements are found at http://www.bellnetx.com/index.cfm?pg=advertise .
"Free Posting" means the placement of Information without the payment of a fee in accordance with the time frames and approximate appearances as set forth here.
"Information" means any and all information, content, documents and/or materials submitted or approved by a User to Bell through BellNetX or by any other means for Posting on BellNetX, including without limitation, Frame Advertisements, Free Postings, Premium Postings, as well as any and all newsletters or industry publications, data regarding any particular aircraft, information concerning any good or service or any advertisement of any nature whatsoever.
"Objectionable Material" has the meaning set forth in paragraph 11 below.
"Post," "Posted," or "Posting" means the display of the Information or other content on BellNetX.
"Posting and Purchasing Terms" means these terms and conditions.
"Premium Posting" means the Posting of Information for a fee in accordance with the prices, time frames and approximate appearances as set forth at http://www.bellnetx.com/index.cfm?pg=sell .
"Terms of Use" means those terms and conditions which are applicable to the use of BellNetX by you and/or any User and can be accessed through the link provided here and in paragraph 36 below.
"User" or "you" means any individual, corporation, group, sole proprietorship, limited liability company, partnership or other entity accessing BellNetX for any reason.
Binding Agreement - By (a) (i) registering as a User of BellNetX in the manner specified on BellNetX, (ii) completing any Information request contained on BellNetX as part of the Posting process and clicking the appropriate button to submit such Information to Bell, (iii) faxing, electronically submitting or otherwise communicating to Bell any Information for Posting on BellNetX, including without limitation any Frame Advertisement, (b) contacting (in any manner whatsoever including without limitation by phone, fax, email or through this Site) any person or other User who has Posted any Information on this Site in any manner whatsoever, (c) browsing, viewing or otherwise accessing, using or downloading the materials of this Site, or (d) purchasing goods or services on or through this Site, you agree to be bound by these Posting and Purchasing Terms and the Terms of Use which are incorporated herein by reference. You understand that by these actions you are entering into a binding agreement with Bell. If there is any conflict between the Posting and Purchasing Terms and the Terms of Use, these Posting and Purchasing Terms shall control.
Modification of Terms and Conditions - Bell reserves the right to modify these Posting and Purchasing Terms and/or the Terms of Use at any time and at its own discretion. As such, you should review these Posting and Purchasing Terms and the Terms of Use periodically because they are binding on you. You hereby agree to be bound by the latest version of these Posting and Purchasing Terms and the Terms of Use that are Posted on or accessible through BellNetX.
Posting of Information - By your submission of Information to Bell as specified in paragraph 3 above, you agree that Bell may Post such Information on BellNetX in any manner or format as Bell may deem appropriate. Bell reserves the right to change any such manner or format in its sole discretion.
Rules for Posting - In order for your Information to be eligible for Posting, the Information must comply with the requirements set forth below as well as the remaining Posting and Purchasing Terms:
The Information must be submitted to Bell in writing, either through this Site or by letter or fax sent to the address provided under "contact us" elsewhere on this Site.
To the best of your knowledge, all Information must be accurate, complete and not misleading in any way.
The Information may not contain any unlawful, obscene, lewd or offensive material or language or any other Objectionable Material.
You shall be the owner of all Information you submit, or shall have permission from the owner of the Information for the contemplated use of such Information.
No Obligation to Post - Bell is under no obligation whatsoever to Post your Information on BellNetX or on any other location or site. Your submission of the Information to Bell constitutes only your agreement to these Posting and Purchasing Terms and the Terms of Use should Bell unilaterally determine to post your Information on BellNetX. Bell, in its sole discretion, may terminate your posting at any time and for any reason without any liability whatsoever to you, any User or any other party. Bell, however, will not be under any obligation to modify the content of any Information that any User provides for Posting. Furthermore, in the event that a User has purchased a Premium Posting or Frame Advertisement and Bell refuses to Post such Premium Posting or Frame Advertisement, Bell's only liability shall be to return the money actually paid to Bell by such User. Likewise, in the event that Bell removes a Premium Posting or Frame Advertisement prior to the completion of the term paid for, Bell's only liability shall be to return the portion of money paid corresponding to the remainder of such term paid for.
Accuracy of Information - You are responsible for the completeness, accuracy, truthfulness and content of any and all of the Information that you submit to Bell. You are also responsible for any modifications, changes or amendments that you make to such Information once it has been Posted on BellNetX. Bell shall not be responsible for any errors, inaccuracies or omissions contained in the Information you provide either before or after Posting of such Information on BellNetX.
Compilation of Information - The compilation (meaning the arrangement, collection and assembly) of all Information Posted on BellNetX is the exclusive property of Bell and is protected by U.S. and international copyright laws. Unauthorized use of these materials may violate copyright, trademark and other laws. You may not use this compilation in any manner not specifically authorized by Bell in writing including without limitation, sale or copying of such compilation or linking of such compilation to or from another computer environment.
Copying of Code - You may not copy the HTML or other code used to generate the Postings or other Information on BellNetX. It is also protected by U.S. and international copyright laws.
Objectionable Material - You may not use BellNetX in order to Post, transmit, distribute, store or destroy material
in violation of any applicable law or regulation,
in any manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
that is defamatory, obscene, threatening, abusive or hateful.
Collectively (a), (b) and (c) are referred to herein as "Objectionable Material."
Site Security - You are prohibited from violating or attempting to violate the security of this Site or otherwise reverse engineering, downloading, sabotaging or otherwise manipulating any portion of this Site.
Consequences of Posting - As a User, you are responsible for your own Information and are responsible for the consequences of its Posting. You must not, and by using BellNetX you agree not to, do the following things: submit for Posting any Information that is copyrighted, unless you are the copyright owner or have a license for or the permission of the copyright owner to make such submission and Post such Information; Post any Information or material that reveals trade secrets, unless you own them or have a license or the permission of the owner; Post Information or material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; Post Information or material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity or is otherwise Objectionable Material; Post any Information or material containing a sexually-explicit image or statement; Post advertisements or solicitations of business unless Posted pursuant to an Advertising Agreement and in accordance with these Posting and Purchasing Terms; Post chain letters or pyramid schemes; impersonate another person; or Post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Risk of Use - Bell does not represent or guarantee the truthfulness, accuracy, or reliability of any Information or materials posted by any User or endorse any opinions expressed by any User. You acknowledge that any reliance on any Information or material Posted by other Users or your purchase of any good or service Posted or advertised on BellNetX, will be at your own risk.
Screening of Information - Bell acts as a passive conduit for the online distribution and publication of User-submitted Information and has no obligation to screen communications or Information in advance and is not responsible for screening or monitoring Information or materials Posted by Users. If notified by a User of any Information or communication which allegedly does not conform to these Posting and Purchasing Terms, Bell may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the Information or communication. Bell has no liability or responsibility to any User for performance or nonperformance of such activities. Bell reserves the right to expel Users and prevent their further access to BellNetX for violating these Posting and Purchasing Terms, the Terms of Use or the law as well as the right to remove Information from BellNetX for any reason. Bell may take any action with respect to any Information that it deems necessary or appropriate in its sole discretion if it believes such Information may create liability for Bell or may cause Bell to lose (in whole or in part) the services of its ISPs or other suppliers.
License - By submitting Information or other content to any public or non-public area of BellNetX, including message boards, forums, contests and chat rooms, you grant Bell and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Information or other content. You also warrant that the holder of any rights, including moral rights in such Information or other content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such Information or other content for personal use. Subject to the foregoing, the owner of such Information or other content placed on BellNetX retains any and all rights that may exist in such Information or other content. The license granted to Bell by a User Posting a Frame Advertisement shall be as set forth in the applicable Advertising Agreement.
Passwords - As part of your use of BellNetX, you may be issued a password. You are responsible for maintaining the confidentiality of your information and password and any related information. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Bell of any unauthorized use of your registration or password. By your use of a password to access this Site, you represent that you have the authority of the owner of such password to access this Site and act on their behalf.
Transactions Between Users - BellNetX acts as a venue for Users to post Information and materials concerning the aviation industry. Except as to transactions entered into directly with Bell for the purchase of goods or services pursuant to Paragraph 33 of these Posting and Purchasing Terms, Bell is not and shall not be deemed to be involved in any transaction between Users as a result of BellNetX or any Information or materials Posted on BellNetX. As a result, and, except as to goods or services offered by Bell pursuant to Paragraph 33 of these Posting and Purchasing Terms, Bell has no control over the quality, accuracy, completeness, content or legality of any Information provided by a User for Posting or any good or service being offered for sale, sold, leased or advertised in any manner by a User or the terms and conditions of sale, lease, use or loan which may be part of any such transaction. In addition, you acknowledge that by using BellNetX, there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through BellNetX or as a result of any Information or other materials Posted on BellNetX.
Inspection and Due Diligence - Each User hereby agrees that he/she is responsible for conducting his/her own research, inspection and due diligence with regard to any good or service purchased on or through BellNetX or as a result of Information Posted on BellNetX.
User Authentication - Because User authentication on the Internet is difficult, Bell cannot and does not confirm that each User is who they claim to be. Except as to its own transactions with Users pursuant to Paragraph 33 of these Posting and Purchasing Terms, Bell is not and cannot be involved in User-to-User dealings or control the behavior of participants on BellNetX. In the event that you have a dispute with one or more Users, you hereby release Bell (and its subsidiaries and affiliates, and their past and present agents, representatives, officers, directors, employees and attorneys) from any and all claims, demands, causes of action and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to or connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
View With Caution - Bell is under no legal obligation to control the Information provided by other Users which is made available through BellNetX. By its very nature, other people's Information may be Objectionable Material or otherwise offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using BellNetX.
Inaccuracies - The Information Posted on BellNetX may contain inaccuracies or typographical errors. Bell makes no representations about the accuracy, reliability, completeness, or timeliness of any Information or material Posted on BellNetX or with regard to any good or service advertised or offered for sale on or through BellNetX. The use of BellNetX is at your own risk. Changes may periodically be made to BellNetX and may be made at any time, but Bell has no obligation to make such changes.
Legal Remedies - Bell reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Postings from BellNetX and immediate termination of your registration with or ability to access BellNetX and/or any other good or service provided to you by Bell, upon its belief that you have breached any of these Posting and Purchasing Terms or the Terms of Use.
Indemnity - You agree to defend, indemnify, and hold harmless Bell, its affiliates and their past and present officers, directors, employees, representatives, agents and attorneys, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your use of BellNetX, the Information Posted on BellNetX, your purchase or sale of any good or service Posted or advertised on BellNetX, or your breach of the terms of these Posting and Purchasing Terms. Bell shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
ALL GOVERNMENT APPROVALS REQUIRED FOR THE POSTING, ADVERTISING, OR SALE OF ANY AIRCRAFT ON THIS SITE ARE THE SOLE RESPONSIBILITY OF THE USERS POSTING SUCH INFORMATION. BELL RESERVES THE RIGHT NOT TO POST ANY INFORMATION OR ADVERTISEMENT WHICH APPEARS TO BE CONTRARY TO U.S. LAW. TRANSACTIONS WITH THE FOLLOWING COUNTRIES OR INDIVIDUALS FROM SUCH COUNTRIES ARE PROHIBITED: BURMA/MYANMAR, CUBA, IRAN, IRAQ, LIBYA, NORTH KOREA, SIERRA LEONE, SUDAN, TALIBAN (AFGHANISTAN), UNITA/ANGOLA AND YUGOSLAVIA. BELL RESERVES THE RIGHT TO ADD COUNTRIES TO OR DELETE COUNTRIES FROM THIS LIST.
THIS SITE, AND THE INFORMATION, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. BELL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION POSTED, DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH INFORMATION, MATERIALS, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE INFORMATION POSTED ON THIS SITE IS THE RESPONSIBILITY OF THE USER POSTING SUCH INFORMATION. BELL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL AGENTS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE SITE. THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BELL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. BELL MAY MAKE ANY OTHER CHANGES TO THE SITE, THE INFORMATION, MATERIALS AND THE BELL PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE BUT BELL HAS NO OBLIGATION TO MAKE ANY CHANGES.
BY POSTING ANY PREMIUM POSTINGS OR FRAME ADVERTISEMENTS, THE USER AGREES THAT, EXCEPT AS SPECIFICALLY ESTABLISHED IN THESE POSTING AND PURCHASING TERMS, USER'S EXCLUSIVE REMEDY FOR NON-PERFORMANCE BY BELL WITH REGARD TO THE POSTING OF PREMIUM POSTING(S) AND/OR FRAME ADVERTISEMENT(S) SHALL BE THE RETURN OF THE MONEY ACTUALLY PAID TO BELL (OR PROPORTIONAL PART THEREOF) FOR THE POSTING OF SUCH PREMIUM POSTING(S) AND/OR FRAME ADVERTISEMENT(S).
UNDER NO CIRCUMSTANCES WILL BELL, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR ANY INFORMATION OR MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BELL SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Agency - Nothing contained in or Posted or displayed on this Site shall be deemed to create or constitute the relationship of employer/employee, principal/agent, partners, joint venturers or other such relationship between Bell and any User.
Additional Terms and Conditions - Certain areas of BellNetX are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Transactions with Bell - In the event that you choose to enter into the purchase of any good or service (aside from a Premium Posting) directly with Bell, your rights, duties and obligations with regard to such transaction shall be governed by a separate purchase agreement entered into between you and Bell covering the subject matter of the transaction regardless of any Information or other materials Posted on BellNetX or other facts, materials, or information communicated by or to Bell through BellNetX. In the event of an inconsistency between the separate purchase agreement and these Posting and Purchasing Terms, the purchase agreement will control. As described above, the respective duties of Bell and a User with regard to a Frame Advertisement shall be as set forth in the applicable Advertising Agreement. These Posting and Purchasing Terms shall govern the purchase of any Premium Posting.
Choice of Law and Forum - These Posting and Purchasing Terms and any dispute between you and Bell arising out of or related to these Posting and Purchasing Terms or your use of BellNetX (the "Disputes") shall be construed, interpreted and governed by the laws of the State of Delaware, U.S.A., without giving effect to its conflict of law provisions. The state and federal courts located in the State of Delaware shall have exclusive jurisdiction and be the exclusive venue for the Disputes and you consent to the personal and exclusive jurisdiction and venue of the courts in connection with the Disputes. You must commence any claim or cause of action that you may have with respect to the Disputes by filing only in these courts within one (1) year after the claim or cause of action arises.
Bell Privacy Policy - Bell's Privacy Policy located below is hereby incorporated herein by reference, and you agree to abide by such Privacy Policy.
Terms of Use - The Terms of Use are hereby incorporated herein by reference and you agree to abide by such Terms of Use.
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