Terms of Sale
Last Updated February 1, 2010
Welcome to DART Aerospace website, http://www.dartaerospace.com (the "Site") owned and operated by DART Aerospace ("DART"). Please read these Terms carefully. YOUR ACCESS TO AND USE OF THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS.
DART reserves the right to make changes to the Site and to these Terms. For this reason, we encourage you to periodically review these Terms because by using this Site, you agree to be bound by any such changes.
Intellectual Property Infringement
You acknowledge that the Site contains DART's proprietary and third party information including without limitation, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and all other material (collectively "Content"). All Content on the Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by DART or third parties. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on the Site, except as permitted by these Terms, is strictly prohibited. You acknowledge that all Content is the exclusive property of DART or such third parties and that we have granted you no license or rights whatsoever in any Content. Under no circumstances may you copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without the express written consent from DART or such third parties.
Use of the Site
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use. You alone are responsible for your communications, including the posting, and uploading of information. DART specifically prohibits use of the Site for any of the following:
- Posting any information which is false, inaccurate or not your own
- Engaging in any conduct that would give rise to civil liability, constitute a criminal offense or violate any city, state, national or international law or regulation
- Post, transmit or upload any material that contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, network, or other equipment; or is confidential and you do not have a right to disclose.
- Post, transmit, cause the display of, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary or intellectual property right of any party.
Usage by minors
This Site is not intended for or directed to persons who are minors, typically persons under the age of 18. By registering and creating an account with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading. All purchases must be made either by individuals who are not minors and who can legally enter into binding contracts or by minors with the permission of a parent or guardian to purchase items on the Site.
Product Information and Inaccuracy Disclaimer
Most products and product options displayed on the Site are available, but in some cases, certain products, product options or other merchandise displayed for sale on the Site may not be immediately available for order. The prices displayed on the Site are not guaranteed and are subject to change. All prices quoted are in U.S. Dollars and are valid and effective only in the U.S. Further product details, including specifications, colors, prices and features thereof, may not be an accurate representation of the actual product. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER SHOULD NOT RELY ON ANY DIMENSION, SPECIFICATION OR INSTALLATION INFORMATION PROVIDED ON THE SITE, AS SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OUTDATED AND/OR NOT APPLICABLE TO YOUR PARTICULAR SITUATION. DART SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE AND/OR RELIANCE THEREON.
All configurations and information generated on the Site are subject to change without notice. DART reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. All information of any sort related to the products offered on the Site should be independently confirmed and verified by you when you place your order with an authorized DART representative or agent.
In the course of your use of the Site, you may volunteer to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. If you contact DART through the Site by email or other forms of electronic communication with any information, including but not limited to questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions will be considered the property of DART, and your submission shall constitute an irrevocable assignment to DART of all worldwide rights, titles and interests in and to such information. DART will not be liable for any use or disclosure of such information, and will not have any obligation to keep such information confidential. You grant DART the right to reproduce, use, disclose and distribute the information to others without limitation, and the right to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Hyperlinks to other Web Sites
To the extent the Site contains hyperlinks to outside services and resources, the availability and content of which DART does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource. In addition, you acknowledge and agree that DART is not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by DART of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
You consent to the collection and processing of personal information in the United States regardless of where you are located. You acknowledge that communications made using the Site may result in the transmission of data across state borders and/or international borders.
THIS SITE AND ALL CONTENT AVAILABLE ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS. DART DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR BY OPERATION OF LAW, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
You acknowledge, by your use of this Site, that DART shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive, indemnity or any other damages that result from (i) the use of or inability to use the Site, (ii) reliance by you on any information obtained from the Site, or reliance that results from mistakes, omissions, interruptions, errors, defects, viruses, delays in operation or transmission, or any failure of performance of the Site, or (iii) a suit against you by a third party. The foregoing limitation of liability and damages waiver shall apply to both actions based in law and equity, including but not limited to contract, tort, strict liability or otherwise, even if an authorized representative of DART has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content and merchandise available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Terms of Sale Govern
ANY TRANSACTION BETWEEN YOU AND DART FOR THE PURCHASE OF ANY PRODUCTS PRESENTED ON THE SITE SHALL BE GOVERNED BY SEPARATE TERMS OF SALE APPLICABLE TO EACH PRODUCT AND PRESENTED AT THE TIME OF SALE.
You agree to defend, indemnify and hold DART and its officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or your breach of any provision of these Terms.
Any action relating to the use of the Site or any transaction with DART Aerospace shall be governed by the laws of the State of Tennessee, without giving effect to the conflict of laws provisions of such State. Venue shall be exclusively set in the state and federal courts of appropriate jurisdiction located in Knox County, Tennessee.
The information contained in this Site is not intended to be, and should not be construed as, legal or other professional advice. You are advised to consult with your own professional legal advisors prior to relying on any information contained in this Site.