By accessing the on-line Aeropermit© System, you agree to be bound by the following terms and conditions:
1. You acknowledge that you access the PACI’s computer systems (the “System”) and the Aeropermit© Software and/or Hardware at your own risk. Your access of the Aeropermit© Software and/or Hardware is not a guarantee of successful completion.
2. PACI grants you a limited, nonexclusive, nontransferable right to access the System and the Aeropermit© Software and/or Hardware. Your right to access the System and Aeropermit© Software and/or Hardware includes the right to access certain proprietary software systems, information and content (including screen shots, layouts, text and user interfaces) belonging to PACI or its suppliers (“PACI Materials”).
3. PACI Materials are subject to protection under the copyright and/or trade secret laws, where applicable, and other intellectual property laws of the United States and other jurisdictions. The rights granted above are the only rights that PACI grants with regard to PACI Materials and there are no implied licenses to any of the PACI Materials, or to any other third party’s proprietary information, documentation, record or product (or to any part, portion or aspect thereof). You may not: use any PACI Materials after the expiration or termination of this Agreement; give or permit access to PACI Materials to any third party; develop any software derivative of or interfacing with PACI Materials without PACI’s prior written consent; use or copy PACI Materials other than as authorized by this Agreement; or link directly or indirectly the Aeropermit© Software and/or Hardware URL site to any other site located on the World Wide Web or through any other computer network. You shall not be considered to be an “owner of a copy” and shall not have rights granted under 17 USC Sec. 117 to make adaptations to any PACI Materials.
4. A login and password to access your record within the System will be issued to you. Logins and passwords may provide access to multiple Aeropermit© Software and/or Hardware configurations, but may not be shared or used by more than one individual. It is each individual’s responsibility to remember and protect such password and not to disclose it to any other person. You will be responsible for any liability that may be incurred by PACI, its suppliers or any other party as a result of any sharing of or failing to properly protect a password.
5. You must ensure that your computer hardware, software (package and version) and Internet connection meet the system requirements for each offered account as outlined on the Aeropermit© Software and/or Hardware URL site (the “Requirements”) prior to accessing any Aeropermit© Software and/or Hardware. Aeropermit© Software and/or Hardware may not function, in whole or in part, if such Requirements are not met. PACI reserves the right to make changes to the Requirements without prior notice. Even if the Requirements are met, the Aeropermit© Software and/or Hardware may not function within your computer’s configuration, operating system or network. The combination of hardware and software that you use may interfere with the functioning of the Aeropermit© Software and/or Hardware. Some factors that may affect the functionality of the Aeropermit© Software and/or Hardware include, but are not limited to, hardware, software, operating system, screen display color depth and resolution, monitor, graphics card, CPU processing power, memory, free hard drive space, Internet browser and related plug-ins, Internet connection speed/proxy servers, and/or other software running or in memory, which may include viruses, malware or spyware. PACI’s sole responsibility and your sole remedy if the Aeropermit© Software and/or Hardware do not function on your system once you have satisfied all of the Requirements, is the return of any amounts paid in connection with Aeropermit© Software and/or Hardware that you were not able to access.
6. This Agreement shall remain in effect for the period beginning with account enrollment and continuing through 90 days after account completion, or until otherwise terminated. PACI may terminate this Agreement at any time if you fail to comply with any conditions of this license. In the event of termination, you will discontinue use of the PACI Materials and no refund or credit shall be made.
7. PACI warrants that the provision of the Aeropermit© Software and/or Hardware does not infringe any United States Letters Patent, Copyright or Trademark. PACI shall defend and indemnify you at its expense in any suit, claim or proceeding brought against you alleging that your use of the Aeropermit© Software and/or Hardware directly infringes a United States Letters Patent, Copyright or Trademark, provided, that PACI is (i) promptly notified, (ii) given the assistance required and (iii) permitted to retain legal counsel of its choice and to direct the defense. PACI also agrees to pay any damages and costs awarded against you by final judgment of a court of last resort in any such suit or any agreed settlement amount on account of any such alleged infringement, but PACI shall have no liability for settlements or costs incurred without its consent. Should your use of the Aeropermit© Software and/or Hardware be enjoined, or in the event that PACI desires to minimize its liability hereunder, PACI will, at its option and expense, (i) substitute fully equivalent non-infringing Aeropermit© Software and/or Hardware for the infringing item; (ii) modify the infringing item so that it no longer infringes but remains substantially equivalent; or (iii) obtain for you the right to continue use of such item. If none of the foregoing is feasible, PACI will refund to you the fees for any Aeropermit© Software and/or Hardware for which you paid, but who did not access. THE FOREGOING STATES THE ENTIRE LIABILITY OF PACI AND YOUR SOLE REMEDY FOR INFRINGEMENT, OR FOR ANY BREACH OF WARRANTY OF NON-INFRINGEMENT, EXPRESS OR IMPLIED. THIS INDEMNITY SHALL NOT APPLY TO ANY ALLEGED INFRINGEMENT BASED UPON THE COMBINATION OF EQUIPMENT OR SOFTWARE WITH THE AEROPERMIT© SOFTWARE AND/OR HARDWARE OR ANY MODIFICATIONS OR INTERFACES DEVELOPED BY YOU OR ON YOUR BEHALF BY ANY THIRD PARTY.
8. Disclaimers. OTHER THAN THE WARRANTIES SPECIFICALLY SET OUT IN THIS AGREEMENT, PACI MAKES NO WARRANTIES AND YOU SHALL BE DEEMED TO HAVE ACCEPTED THE AEROPERMIT© SOFTWARE AND/OR HARDWARE AND THEIR OUTPUT “AS IS” AND “WHERE IS,” AND WITHOUT ANY WARRANTY OF ANY KIND. PACI MAKES NO WARRANTY THAT THE SERVICE OFFERED OR PROVIDED WILL MEET YOUR REQUIREMENTS, NOR DOES PACI WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED. YOU ARE SOLELY RESPONSIBLE FOR PERFORMING THE NECESSARY DUE DILIGENCE AND INVESTIGATION TO ASSURE YOURSELF THAT THE AEROPERMIT© SOFTWARE AND/OR HARDWARE WILL MEET YOUR NEEDS.
PACI DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. BY ACCESSING THE SYSTEM OR AEROPERMIT© SOFTWARE AND/OR HARDWARE, YOU WAIVE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR AN INTENDED OR PARTICULAR PURPOSE, ACCURACY OF CALCULATIONS, TIME OF PERFORMANCE OR OTHERWISE, RESPECTING ANY PRODUCT OR OUTPUT SUPPLIED OR SERVICE RENDERED, INCLUDING ACCESS TO THE SYSTEM OR AEROPERMIT© SOFTWARE AND/OR HARDWARE.
PACI has taken reasonable measures to provide a secure environment for receipt and transmission of information. However, since use of the System and accessing the Aeropermit© Software and/or Hardware depends, in part, on third parties (e.g., telecommunications carriers) whose performance is outside of PACI’s control, PACI disclaims all liability for damages arising from the failure or interruption of the System or the Aeropermit© Software and/or Hardware.
9. Limitation of Liability. For all claims relating to PACI’s performance under this Agreement, whether in contract, tort, strict liability or otherwise, including without limitation, claims regarding any undertakings promised herein or for work containing a PACI error or other breach of its obligations hereunder, PACI’s liability shall not exceed an amount equal to the fees you have paid to PACI for the Aeropermit© Software and/or Hardware.
10. Limitation of Actions. You may not assert any cause of action against PACI more than one (1) year after the date the cause of action accrues.
11. Miscellaneous. You may not assign this Agreement or your rights in this Agreement to any other party. This Agreement forms the entire understanding between PACI and you concerning your access to the System and Aeropermit© Software and/or Hardware. PACI shall be deemed to have delivered notice under this Agreement when it posts information to the e-mail address that you supply at registration. THE OBLIGATIONS OF THE PARTIES SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA (WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW). THE SYSTEM IS LOCATED AND THE AEROPERMIT© SOFTWARE AND/OR HARDWARE ARE PERFORMABLE IN NEVADA, ARIZONA and UTAH.
The provisions of this Agreement related to (i) the protection of intellectual property, (ii) disclaimer and limitation of liability and (iii) your indemnity of PACI shall survive the expiration or termination of this Agreement.
