Terms of Use
Overview
The following are terms of a legal agreement between you
(referred to as You or Customer)
and ZuluLog LLC (also referred to as ZuluLog, ZuluLog.com, Company, We, Our). Please
read these terms carefully before using any product or service provided by
ZuluLog (referred to as "Materials"). By using the Materials, you agree to
abide by the terms and conditions set forth in
this notice. If you do not agree to abide by these terms and conditions, do
not use the Materials.
Limited License
Subject to the
terms and conditions set forth in this Agreement, ZuluLog grants you a
non-exclusive, non-transferable, limited right ("License") to access, use
and display the Materials. The definition of
Materials includes without limitation ZuluLog's web sites,
ZuluLog's mobile apps, other software, services and any external content
generated by ZuluLog's software. You agree that
ZuluLog may revoke this License at any time without notice, at ZuluLog's
sole and absolute discretion.
Personal Use Only Except By Arrangement
Materials are made available for
personal, non-commercial use only. To make commercial, corporate,
government or group use of the Materials, you must first enter into
a separate agreement with ZuluLog to do so.
Account Security and User Conduct
You agree to be responsible for all use of your account
while using the Materials, and for all actions and activities that take place
using your account.
You agree to keep your password secure. You agree not to use the Materials
to violate or infringe upon the rights of any third party. You agree not to
use the Materials to upload or transmit any information that ZuluLog
considers to be harmful, illegal, threatening, defamatory, harassing,
vulgar, or otherwise objectionable.
You agree not to interrupt or
attempt to interrupt the operation of the Materials in any way. You agree not
to offer for sale, distribute, reproduce, modify, publish, license,
or create derivative works from the Materials. You agree not to circumvent,
deactivate, or thwart any security measures in the Materials. You agree not
to disassemble, decompile, or reverse engineer any software or other
content in the Materials. You agree not to access the Materials in any
automated way.
ZuluLog may terminate or place on hold your access to the Materials to
protect you, ZuluLog, or our partners from suspected fraudulent or
illegal activity.
ZuluLog is not obligated to credit or discount any subscriptions placed on
hold due to suspected fraudulent or illegal activity.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. ZULULOG DOES NOT
WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS OR THE RELIABILITY OF
ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE MATERIALS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION,
ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
ZULULOG RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR
OMISSIONS IN ANY PORTION OF THE MATERIALS. ZULULOG MAY MAKE ANY OTHER CHANGES TO
THE MATERIALS AND THE PRICES (IF
ANY) DESCRIBED IN THE MATERIALS AT ANY TIME WITHOUT NOTICE. THE MATERIALS
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS
FOR ANY PARTICULAR PURPOSE.
Limitations of Damages
YOU AGREE
THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. IN NO EVENT
SHALL ZULULOG OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF INCOME, LOSS OF EMPLOYMENT,
BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR PROGRAMS OR OTHER DATA, OR LOSS OF GOODWILL, WHETHER ON
ZULULOG'S SERVERS OR ON YOUR INFORMATION HANDLING SYSTEM), UNDER ANY THEORY
OF LIABILITY, THAT ARE RELATED TO THE USE OF, THE MISUSE OF, OR THE
INABILITY TO USE THE MATERIALS, EVEN IF
ZULULOG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE
THAT YOUR SOLE REMEDY FOR ANY LOSS OR DAMAGE SUFFERED IS TO DISCONTINUE USE
OF THE MATERIALS.
Official Record Keeping
Should
you choose to use the Materials as a form of official record-keeping, you
agree to do so solely at your own risk; and you furthermore agree that all
records you enter, delete, edit or otherwise cause to modify shall be true
and correct to the best of your knowledge. The Materials may contain
features intended to help you conform to regulations, for example regarding
recency of flight. Any such features are intended for convenience only and
you agree not to use such features as a substitute for knowledge of
applicable regulations.
Not For Planning or Navigation
The Materials may contain reference information relating to, for
example, airports, navaids, waypoints, coordinates, distances, bearings,
nations, provinces, cities, or other cartographical or political topics.
Such information if any is provided for reference or convenience only,
without any guarantee of timeliness or accuracy. Any such information in
the Materials is not to be used for planning or navigation purposes.
Not For Safety-Critical Applications
The Materials are not to be used in aircraft
navigation or communication systems, life support machines, nuclear
reactors, or other applications in which failure of the Materials,
or failure to access the Materials, could lead to death, personal
injury, or physical or environmental damage.
Changes
ZuluLog reserves the right, at its sole and absolute
discretion, to change, modify, add or remove any portion
of this Agreement in whole or in part, at any time. Changes in this
Agreement will be effective upon posting. Your continued use of the Materials
after any changes to this Agreement are posted will be considered acceptance
of those changes.
Third-Party Resources
The Materials
may draw information from, or contain links or references to,
third-party content, resources, or websites; and may provide content that
is intended to be compatible with
products or services offered by third parties. These links, references, and
content are provided without warranty of any kind, and ZuluLog does not
make any commitments, representations, or warranties regarding the
availability, use, or content of any third-party resources. Links to
third-party resources do not indicate endorsement of such resources.
ZuluLog is not responsible or liable for any content, products, services,
policies, or transactions provided by or in reference to any third party,
even if the third party is linked from ZuluLog's Materials.
Customer Ideas and Submissions
ZuluLog is not responsible for any similarity between its Materials and
any unsolicited content or ideas transmitted to ZuluLog. You agree that
ZuluLog will not provide any consideration to you for any unsolicited
content or ideas, and you waive any claim against ZuluLog and its affiliates
regarding any use of such content or ideas. You agree not to enforce any
"moral rights" regarding any submitted content or ideas.
Renewal of Agreement
Your subscription will renew automatically until
cancelled. ZuluLog may offer a number of Subscription Plans, with different
terms and renewal periods. If you have signed up for a paid
Subscription Plan, you agree that ZuluLog will
charge you a periodic, recurring subscription fee corresponding to
your selected Subscription Plan plus any applicable taxes. If your
payment method expires,
you remain responsible for any uncollected amounts. ZuluLog reserves the
right to change the terms of Subscription Plans, including price, from time
to time at its sole and absolute discretion. Any such changes will be reflected
at the beginning of your next renewal period.
Unpaid Amounts
You agree to remain liable for all unpaid subscription amounts,
as well as costs incurred by ZuluLog in pursuit of unpaid amounts, including
without limitation bank overdraft fees, collection agency fees, reasonable
attorneys' fees, chargeback fees, and arbitration or court costs. ZuluLog
reserves the right,
at its sole and absolute discretion, to restrict your access to the Materials until
your account is considered by ZuluLog to be in good standing.
Cancellation
You may cancel your paid subscription
upon the expiration of the contractual period. Notice of such
cancellation must be given before the expiration of such contractual period.
Upon the cancellation of your subscription for any reason, or
if ZuluLog at its sole discretion does not consider you to be a
currently-paying customer in good standing,
ZuluLog is not obligated to continue to store any of your data, records, or
other information.
No Refunds
Payments are nonrefundable and there are no refunds or
credits for partially
used periods, although you will continue to have access to the Materials
until the end of your already-paid period. From time to time and at ZuluLog's
sole and absolute discretion, ZuluLog may provide refunds, credits, discounts,
free or trial periods, or other consideration (together, "Credits") to some or
all of our customers.
Any such provision of Credits shall not be construed as an obligation to
provide such Credits in the future.
No Class Actions
You agree that you may bring claims against ZuluLog only in your individual
capacity and not as a plaintiff or class member in any purported class or
representative proceeding.
Force Majeure
No failure, delay or default in performance of any obligation of ZuluLog
shall constitute an event of default or breach to the extent that such
failure to perform, delay or default arises out of a cause, existing or
in the future, that is beyond the control and without negligence of
ZuluLog including, but not limited to: action or inaction of
governmental, civil or military authority; fire; strike; lockout or
other labor action; war; terrorist act; time-traveling cybernetic assassins;
riot; theft; flood; earthquake or other natural disaster.
Copyright and Trademark Information
The Materials are copyrighted and
protected by worldwide copyright laws and treaty provisions. You agree to
comply with all copyright laws worldwide in your use of the Materials and to
prevent any unauthorized copying of the Materials. Except as expressly
provided herein, ZuluLog does not grant any express or implied right to you
under any patents, trademarks, copyrights or trade secret information.
ZuluLog, ZuluLog.com, the ZuluLog logo, ZuluScript, and all other trademarks
and/or
registered trademarks, unless otherwise noted, are owned or licensed by
ZuluLog LLC. All other brand names, product names, or trademarks belong to
their respective holders.
Severability
If any provision of this document is found to be
unenforceable according to its terms by a court of competent jurisdiction,
all remaining provisions will continue in full force and effect.
Headings
The headings in this document are for convenience or
reference only and will
not govern the interpretation of the provisions.
International Users and Choice of Law
The Materials are controlled, operated and administered
by ZuluLog
from its offices within the United States of America. ZuluLog makes no
representation that the Materials are appropriate for use outside
of the United States and access to them from territories where their
contents are illegal is prohibited. You may not use or export the
Materials in violation of United States export laws and regulations. If you
access the Materials from locations outside of the United States, you are
responsible for compliance with all local laws.
Governing Law
The validity, construction and performance of this Agreement shall be governed
and construed in accordance with the laws of the State of Delaware, USA without
regard to the conflicts of laws provisions thereof, so there.
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