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Terms and conditions

TERMS AND CONDITIONS OF SALE
 
These terms and conditions govern the Sale and Purchase of Products ("Products") and the provision of services ("Services") by Aerodyne Research, LLC and its divisions, subsidiaries and affiliates ("Seller") as well as by third party vendors and/or service providers of Seller. These terms and conditions ("Terms") take precedence over your supplemental or conflicting terms and conditions to which notice of objection is hereby given. Your acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the Terms contained herein. THESE TERMS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.

ORDER
You are bound by these Terms after you confirm SELLER's Final Pro-forma invoice and Production date notification you received via e-mail you provided SELLER with when you pre-ordered Product.

PRICES AND PAYMENT
Prices that you received in Final Pro-forma invoice and Pickup Date notification are valid and SELLER has to receive your full payment before SELLER ships. You can pay with a pre-arranged payment method as defined in Final Price Sheet and Pickup date notification.

PICKUP AND TITLE, SHIPPING
All deliveries will be made EXW (Ex Works as defined in Incoterms 2000) Seller’s facility. Subject to Seller's right of stoppage in transit, pickup of the Products to the carrier shall constitute pickup to You and title and risk of loss shall thereupon pass to You. Selection of the carrier and pickup route shall be made by Seller unless specified by You. You acknowledge that pickup dates provided by Seller are estimates only and Seller shall not be liable for delays in pickup or for failure to perform due to causes beyond the reasonable control of Seller nor shall the carrier be deemed an agent of Seller. In the event of delay caused by such event, the date of pickup shall be extended for a period equal to the time lost as a consequence of the delay in pickup without subjecting Seller to any liability or penalty. If the Products perished while in the custody of the carrier, the Seller shall be deemed to have performed its obligations in full. Pickup of a quantity, which varies from the quantity specified, shall not relieve You of the obligation to accept pickup and pay for the Products picked up.
For all orders shipments may be subject to import fees and taxes which are due on arrival. It's impossible for SELLER to determine these charges as they vary from country to country and state to state. If you need any detailed information about these charges please contact your local customs office.

USE OF DATA
By registering to the SELLER web page, you give SELLER consent to store, process and use personal data, submitted through a web form, until withdrawal, for the following purposes: sending the informing about new and special offers by telephone, in writing or electronically, inviting to events, customer segmentation, conducting surveys, statistical analyses. Processing of your personal data is in accordance with SELLER privacy policy and valid legislation.

SELLER is provided a limited license to your data for the sole and exclusive purpose of providing the services for your order placing, including a license to collect, process, store, generate, and display your data only to the extent necessary in the providing of the Services. SELLER shall: (a) keep and maintain your data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in these Terms and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose your data solely and exclusively for the purpose of providing the services, such use and disclosure being in accordance with these Terms and the applicable law; and, (c) not use, sell, rent, transfer, distribute, or otherwise disclose or make available your data for SELLER's own purposes, or for the benefit of anyone other than you without your prior written consent.
SELLER Privacy Policy is published at www.flyaerodyne.com and incorporated herein by this reference.

WARRANTY
SELLER warrants that Products thereof will be free of defects in workmanship and materials for a term of one year (unless local legislation requires differently) from the date of pickup, otherwise they are NCNR (Non canceable-non returnable) Products.
SELLER will, without charge, repair or replace, at it’s option a Product defective due to manufacturing defect upon pickup to the SELLER Service Department if accompanied by proof of the date of pickup, such as a verified warranty or sales receipt. Before sending the Product to repair please contact us via email: orders@flyaerodayne.com. This will ensure the fastest turnaround time on any repair.
This Warranty does not apply to (w) SELLER Products you purchase from unauthorized resellers; (x) where the instructions for use of Product are not complied with; (y) where Product is used in contrary with instructions to use and safety instructions; or (z) where Product is damaged as a result of abuse, accident, unauthorized modification or other causes beyond SELLER reasonable control.
Instructions for safe and proper use are always available per request via e-mail: orders@flyaerodyne.com.
You also declare that you will accept receiving following documents as part of your Order – Canopy/container description ; Warranty; canopy/container serial ID; User manual; Buyer declaration


LIMITATION OF LIABILITY
SELLER SHALL HAVE NO LIABILITY TOWARDS YOU BEYOND THE EXPRESS TERMS OF SUCH MANUFACTURER PRODUCT WARRANTIES. SELLER ASSUMES NO LIABILITY FOR THE QUALITY OF THE WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY VENDORS/SERVICE PROVIDERS. IT IS YOUR OBLIGATION TO REQUEST COPIES OF ANY APPLICABLE MANUFACTURER WARRANTIES AND YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF THE PRODUCTS AND/OR SERVICES.
SELLER’s exclusive obligations with respect to a non-conforming Product or Service shall be, at SELLER’s option, to repair or replace the Product, if it is determined to be defective, or to re-perform the Service, or to refund to You the purchase price paid for the Product or Service. Notwithstanding anything herein to the contrary, the liability of Seller for all claims shall not exceed the sum of your payments for the Products or Services which are the subject of the dispute and the foregoing is your sole and exclusive remedy for all claims under this Section.
THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH THE PRODUCTS AND SERVICES, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.
Replacement Products shall be warranted as set forth above. Any Products repaired or serviced by Seller shall be warranted as provided in this Section for the remainder of the manufacturer’s warranty period. No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards.
YOU SHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU'S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED YOU'S PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALL NOT BE LIABLE FOR AND YOU SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER'S COMPLIANCE WITH YOU'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS. IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, YOU AGREES THAT SELLER’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.
(g) You acknowledges that this Agreement was entered into at arms length and that it was not fraudulently induced to enter into this Agreement, in whole or any part, and You explicitly disclaims and waives any claim with respect thereto.

RETURN POLICY
All Products are NCNR (Non canceable-non returnable) Products, except in cases of manufacturing defect. Shipments will be deemed to have been accepted by you upon pickup of the said shipments to you unless rejected upon receipt. You shall perform whatever inspection or tests you deem necessary as promptly as possible but in no event later than five (5) days after receipt, after which time you will be deemed to have irrevocably accepted the Products. Any discrepancy in shipment quantity must be reported within five (5) working days of receipt of the Products. Any Product returns due to manufacturing defect shall be subject to compliance with Seller’s Return Merchandise Authorization ("RMA") policies and procedures, which are available upon request. Returned Products must be in the original manufacturer’s sealed packaging and conform to minimum package quantity ("MPQ") requirements. Products not eligible for return shall be returned to you freight collect.

INTELLECTUAL PROPERTY
If any Product includes software or other intellectual property, such software or other intellectual property is provided by Seller to you subject to the copyright and user license only fort he purpose of use of Product. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by these Terms. Software is made available "as is". SELLER makes no warranties, conditions, accompanying documentation) as to any matter including (without limitation) performance, results, security, noninfringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.

SELLER PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARAISING OUT OF: (I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDTIONS OR IT’S PURPOSE (II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN SELLER UNLESS SELLER AUTHORISED SUCH MODIFICATION (III) DAMAGES DUE TO IMPROPER OR SLOPPY USE (IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/ANDHARDWARE NOT AUTHORISED OR FORBIDDEN BY SELLER . SELLER PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR (I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED (II) OPERATION OF SOFTWARE TO BE ERROR FREE (III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS (IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY SELLER

You agree that SELLER owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Products and Services, including, but not limited to invention, discovery, concept, expression or work, whether or not patented or patentable, including, without limitation, discoveries, compositions, know-how, procedures, technical information, processes, methods, devices, formulas, protocols, techniques, designs and drawings, any physical embodiment thereof, and any patent (and applications therefore), copyrights (and applications therefore), trademarks, industrial designs and utility models, trade secret or other intellectual property right related thereto, including each party's Confidential Information and trade secrets.

EXPORT CONTROL
SELLER Products thereof supplied by SELLER under these Terms are subject to export controls under the laws and regulations of the United states of America ("USA”) and any other applicable countries' laws and regulations. You shall comply with such laws and regulations governing export, re-export, import, transfer and use of SELLER Products and will obtain all required USA and other local authorizations, permits, or licenses. SELLER and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export SELLER Product without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom SELLER is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Products to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or reexport any SELLER Product with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity.. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Products. You shall defend, indemnify, and hold SELLER harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Section.
You also represent and warrant that your officers, employees and agents shall comply with the anticorruption laws of your resident country and Laws of United States of America, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

GOVERNING LAW, APPLICABLE LAW AND COMPETENT COURT
Place of fulfilment and performance for any obligation arising in context with our deliveries is DeLand, Florida, USA.
The place of jurisdiction shall be DeLand, Florida, USA and its competent courts.
Governing Law shall be the law of USA with the exclusion of international conflict of law’s provisions thereof and with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

These Terms are valid as per 25st of November 2018.
 






TERMS AND CONDITIONS OF USE

Aerodyne Research, LLC ("AERODYNE ") provides its services through www.flyaerodyne.com and any other website for which AERODYNE owns the domain registration (the "Site"), its proprietary platform and the services made available by AERODYNE therein, including the AERODYNE Network, mobile applications and data connectivity and storage services allowing you to use our software running on a supported platform that allow you to access the AERODYNE services (collectively, the "Service") through registered access to account.

1. Acceptance of the TOU
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, "YOU") ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Certain areas of the Service, including, but not limited to, the areas of the Service through which you may use AERODYNE Service, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions ("Product-Specific Terms"). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product Specific Terms will take precedence with respect to your use of or access to that area of the Service.
These TOU comprise also:
  • Privacy policy
  • End User License Agreement
ELECTRONIC COMMUNICATIONS
When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that AERODYNE provides to you electronically satisfy any legal requirement that such communications be in writing.

LIMITATION OF LIABILITY
AERODYNE, AERODYNE’s affiliates, AERODYNE’s licensors or other authorized partners are not responsible for any modification or damage to, or loss of any programs, data, or other information stored by AERODYNE and it's partners, or stored or hosted by AERODYNE in connection with a Service AERODYNE provides.
THE AERODYNE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, INCLUDING SOFTWARE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AERODYNE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
AERODYNE’s ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER AERODYNE NOR AERODYNE's EMPLOYEES ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE PSERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE SERVICE IS LIMITED.
WE BOTH AGREE ABOUT THESE LIABILITY LIMITATIONS, THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU.
Software is made available "as is". AERODYNE makes no warranties, conditions, accompanying documentation) as to any matter including (without limitation) performance, results, security, noninfringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.
AERODYNE PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARAISING OUT OF: (I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDTIONS OR IT’S PURPOSE (II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN AERODYNE UNLESS AERODYNE AUTHORISED SUCH MODIFICATION (III) DAMAGES DUE TO IMPROPER OR SLOPPY USE (IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/ANDHARDWARE NOT AUTHORISED OR FORBIDDEN BY AERODYNE. AERODYNE PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR (I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED (II) OPERATION OF SOFTWARE TO BE ERROR FREE (III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS (IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY AERODYNE.
AERODYNE shall not be liable whether in tort (including for negligence or breach of statutory duty),contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this TOU; and AERODYNE's total aggregate liability in contract, including in respect of the indemnity tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this TOU shall be limited to the total amount of the payments received for the product in question.
NOTICE REGARDING AERODYNE SERVICES EQUIPPED WITH SATELLITE OR WIRELESS TECHNOLOGY.
Your use of AERODYNE Services is dependent on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties.
AERODYNE IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABLITY OR FAILURE OF SUCH THIRD PARTY SYSTEMS OR FACILITES OR LOSS OF DATA DUE TOPOOR, NONE OR EXTENSIVE LACK OF COVERAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AERODYNE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE.

LICENSE AND INTELLECTUAL PROPERTY
You agree that AERODYNE owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Services, including, but not limited to trademarks, copyrights, prices, data, website content. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. You can’t let any third party copy, decompile, disassemble, or otherwise reverse-engineer Software, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed and related materials. AERODYNE reserves all rights in webpages and Services not specifically granted to you under these Terms.
AERODYNE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by AERODYNE or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AERODYNE without express written consent. You may not use any meta tags or any other "hidden text" utilizing AERODYNE name or trademarks without the express written consent.

EXPORT CONTROL
AERODYNE Service thereof supplied by AERODYNE under these Terms are subject to export controls under the laws and regulations of the United States of America ("USA”) and any other applicable countries' laws and regulations. You shall comply with such laws and regulations governing export, reexport, import, transfer and use of AERODYNE Service and will obtain all required USA and other local authorizations, permits, or licenses. AERODYNE and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export AERODYNE Service without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom AERODYNE is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Service to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any AERODYNE Service with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity.. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Service. You shall defend, indemnify, and hold AERODYNE harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause.

INTELLECTUAL PROPERTY
You also represent and warrant that your officers, employees and agents shall comply with the anticorruption laws of your resident country and Laws of United States of America, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

SEVERABILITY
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOU are effective unless and until terminated by either you or AERODYNE. You may terminate these TOU at any time by notifying us that you no longer wish to use AERODYNE’s Services, or when you cease using AERODYNE’s sites. If in AERODYNE’s sole judgment you fail, or AERODYNE suspects that you have failed, to comply with any term or provision of these TOU, AERODYNE also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.
These TOU and any related Terms and policies operating rules posted by AERODYNE on this site or in respect to The Service constitutes the entire agreement and understanding between you and AERODYNE and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).
Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.

GOVERNING LAW
These TOU and any related Terms and policies as well as separate agreements whereby AERODYNE provides you Services shall be governed by and construed in accordance with the laws of USA, with competent court in DeLand.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the TOU at any time at this page.
AERODYNE reserves the right, at it's sole discretion, to update, change or replace any part of these TOU by posting updates and changes to AERODYNE’s websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to AERODYNE website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.

These Terms are valid as per 25st of November 2018.
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