ATC Terms of Use
Binding Agreement
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These Terms of Use set forth the terms and conditions applicable to the use of the Air Traffic Control Software, Inc. (“ATC”) website and any other websites (collectively, the “Web Sites”) made available by Air Traffic Control Software, Inc. and/or its affiliates (collectively, “ATC”) from time to time through which ATC makes available certain information about the business of and products and services offered by ATC (collectively, “ATC Materials”). By using the Web Sites or accessing the ATC Materials, you agree to be bound by these Terms of Use, as they may be amended from time to time, notwithstanding anything to the contrary outlined in a separate signed agreement or agreements between ATC (or a third party itself having a business relationship with ATC permitting such) and you or your organization governing the provision of ATC products and services or other business relationship among such parties, as the same may be/has been amended from time to time (collectively, a “ATC Business Agreement”). ATC reserves the right to amend these Terms of Use at any time by posting the amended terms to this website. Your continued use of the Web Sites and the ATC Materials constitutes acceptance of the amended terms. If you do not agree with these Terms of Use (as amended occasionally), your sole and exclusive remedy is to discontinue using the Web Sites and ATC Materials.
Copyright and Trademark Restrictions
The Web Sites and the ATC Materials are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. Other than third-party materials in which copyright is explicitly noted thereon, copyright in the Web Sites and the ATC Materials is owned by ATC. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the ATC Materials without the prior written consent of ATC, except as follows: any person is hereby authorized to view, copy, print and distribute ATC Materials (excluding, in any case, confidential information of ATC made available through a Portal Web Site (as defined below), access to and use of which shall be governed by an applicable ATC Business Agreement) provided that, (i) documents and images are used for informational purposes only, (ii) documents and images are not used for commercial purposes, and (iii) documents, images or portions thereof must include the copyright notice: “Copyright (c) 2023 Air Traffic Control Software, Inc. All rights reserved”. The term “Air Traffic Control Software”, “ATC”, its logo, and all related product and service names, designs, and slogans are the trademarks or service marks of ATC. The foregoing is not intended to be and should not be construed as an exhaustive list of trademarks of ATC. All other trademarks contained herein are the property of their respective owners. Neither title nor intellectual property rights to any ATC Materials or other information or material in the Web Sites are transferred to you, but remain with ATC or the applicable owner of such content.
Use of Web Sites; Content
You agree to use the Web Sites and the ATC Materials only for lawful purposes. Unless explicitly stated otherwise, all ATC Materials and other information and material in the Web Sites are made available only for the purpose of providing information. The information contained herein has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. ATC reserves the right at any time and without notice to change, amend, or cease publication of the information. It has been prepared solely for informative purposes. ATC may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Links on the Web Sites that link to third-party websites or materials are not guaranteed to be accurate, complete or reliable. Linked websites are independent and are not owned or operated by ATC. ATC does not endorse any linked websites, nor does ATC guarantee the timeliness, accuracy, completeness, or adequacy of any information posted on the linked websites. ATC does not necessarily agree with any opinion, outlook, or forecast on any linked site. ATC shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any content, goods, or services available on or through any such linked website. ATC reserves the right to terminate, modify, or change the links without notice.
Use of Portal Web Sites
Your access to and use of any ATC portal websites (collectively, “Portal Web Sites”) are subject to these Terms of Use, an applicable ATC Business Agreement, and an end user license agreement related to such Portal Web Sites, if applicable. If you or your organization is not party to an ATC Business Agreement permitting access to and use of a certain Portal Web Site, you must not attempt to access or use the applicable Portal Web Site. Use of the Portal Web Sites is restricted to authorized users only, using a username/password combination authorized by ATC and/or your organization, as permitted in accordance with the applicable ATC Business Agreement, and limiting their use as provided by the applicable ATC Business Agreement and an end user license agreement, if applicable. Individuals using the Portal Web Sites may have their activity monitored and recorded and expressly consent thereto. Unauthorized access to and use of the Portal Web Sites is prohibited by the laws of the United States and other countries. It may result in civil and/or criminal liability. ATC may suspend, block or terminate any access to the Portal Web Sites that it reasonably believes to be unauthorized or in violation of these Terms of Use or an end-user license agreement, if applicable. The Portal Web Sites contain confidential information of ATC, access to and use of which shall be governed by an applicable ATC Business Agreement. User name, password, password reset questions and answers, and other access credentials (“User Information”) are provided to you for your sole access to the Portal Web Sites you have been authorized to use under an applicable ATC Business Agreement. You and your organization are responsible for keeping User Information secure and confidential. You and your organization are solely responsible with regard to usage and security of User Information and any activities that occur under your and their accounts. You and your organization are solely responsible for any equipment, devices, hardware, cabling, materials, services, support, products, applications, or licensed software supplied by parties other than ATC that you and your organization use in conjunction with the Portal Web Sites and ATC products and services. ATC shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by parties other than ATC. You and your organization shall be fully responsible for all of your activity in the applicable Portal Website, and any breach of these Terms of Use by you.
No Endorsement
ATC does not represent, warrant, endorse, or guarantee any advertised products or services, and the identification or listing of products, services, links, or other information on the Web Sites or any linked website does not constitute or imply any sponsorship, affiliation, or recommendation by ATC. You assume all responsibility and risk associated with the use of the ATC products and services and the Internet generally.
Disclaimer and Limitation of Liability
THE WEBSITES AND THE ATC MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEBSITES. ATC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED OR MADE AVAILABLE IN THE WEBSITES AT ANY TIME. THE WEBSITES AND ATC MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER ATC NOR ANY PERSON ASSOCIATED WITH ATC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES OR THE ATC MATERIALS. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ATC NOR ANYONE ASSOCIATED WITH ATC WARRANTS OR REPRESENTS THAT THE WEBSITES, THE ATC MATERIALS OR ANY OTHER INFORMATION PROVIDED ON THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, AND UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITES OR THE ATC MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ATC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EXCEPT AS EXPLICITLY PROVIDED IN AN APPLICABLE ATC BUSINESS AGREEMENT WITH RESPECT TO ACCESS TO AND USE OF PORTAL WEBSITES, IN NO EVENT WILL ATC BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITES OR THE ATC MATERIALS, WHETHER OR NOT THERE IS NEGLIGENCE BY ATC AND WHETHER OR NOT ATC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Indemnification
You, and your organization with respect to Portal Web Sites, agree to indemnify and hold harmless ATC, its agents, third-party information providers, merchants, licensors, and others involved in the delivery of the Web Sites or the delivery of the ATC Materials and other information over the Web Sites, and their respective officers, employees, and directors, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation by you of these Terms of Use or otherwise arising out of your use of the Web Sites and the ATC Materials.
Privacy; Protection of Personal Information
ATC’s use of your personal information is in accordance with our Privacy Policy found at www.airtrafficcontrol.io/privacy, and is incorporated by reference into these Terms of Use.
Comments and Submissions
ATC welcomes your comments. All comments, suggestions, or other information sent by you to the Web Sites for internal use by ATC or in response to solicitations on this site will become ATC’s property; you agree that all intellectual property rights therein are transferred to ATC.
Contact
Please contact ATC at legal@airtrafficcontrol.io if you become aware of any content that you believe to be in violation of these Terms of Use, including, without limitation, claims that any content on the Web Sites infringes the copyright of a third party.
Precedence
Whenever there is a conflict between the terms in these Terms of Use and an applicable ATC Business Agreement, the terms of these Terms of Use shall control with respect to access and use of the Web Sites and ATC Materials, unless otherwise explicitly stated herein.
Miscellaneous
The laws of the Commonwealth of Massachusetts will govern these Terms of Use without giving effect to any principles of conflicts of laws that will require the application of the laws of any other jurisdiction. You also agree to comply with all laws in any jurisdiction applicable to performance of your obligations hereunder and that may be applicable to the transmission of data on the Internet, including, but, not limited to laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information. These Terms of Use, as they may be amended from time to time, in conjunction with a ATC Business Agreement with respect to the Portal Web Sites, if applicable, completely and exclusively state the agreement between you and ATC with respect to the Web Sites and the ATC Materials, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Sites or ATC Materials must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Except as set forth in an applicable ATC Business Agreement with respect to the Portal Web Sites, exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Sites or ATC Materials shall be in the state or federal courts located in Boston, Massachusetts. You agree to submit to the jurisdiction of such courts.
The failure of ATC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. To the extent that any provision in these Terms of Use shall be found to be unenforceable, such provision shall be modified in such a manner to make these Terms of Use as modified, legal, and enforceable under applicable laws and the balance of the provisions of these Terms of Use shall not be affected thereby.
