Terms of Service Agreement
This Terms of Service Agreement (“Agreement”) constitutes a valid, binding contract between you and MSA Aircraft Products, Inc., a Texas Corporation (“Website Owner”), the owner and operator of www.msaaircraft.com, with respect to the use of this website (the “Site”). The services of Website Owner are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and Website Owner. Please print a copy of this agreement for your records.
License and Site Access
Website Owner grants you a limited personal, revocable, non-transferable, and non-exclusive license to use the object code of the Site on a single computer and not to download (other than page caching) or modify it, or any portion of it. Except with express written consent of Website Owner, you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content or any derivative use of this Site or its contents. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Website Owner. You may not use any meta tags or any other “hidden text” utilizing Website Owner’s name or trademarks without the express written consent of Website Owner. If you would like to link to our Site, please click here for applicable polices. Any unauthorized use or violation of this Agreement terminates the permission or license granted by Website Owner.
Access and Interference
Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Website Owner is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Website Owner. 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 Website Owner or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Website Owner’s name or trademarks without the express written consent of Website Owner.
You agree that you will not use any device, software or routine to bypass any code, which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
Personal Use of Contents
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain the entire copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from Website Owner.
Use of Site
Your use of the Site is at the sole discretion of Website Owner, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
(a) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
(e) Post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam;”
(f) Use automated scripts to collect information from or otherwise interact with the Site; or
(g) Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You must be courteous to other users of the Site. Personal attacks are grounds for being banned. If you have a problem with something that another member has posted in the forums please contact us at email@example.com. Do not post a personal attack or other response. Harassing members of the Site in any way will not be tolerated. If a member has advised you that they do not wish for you to contact them, it is your responsibility to respect this request. If you are found to be harassing any member of the Site, Website Owner reserves the right to ban you from the Site. If you are being harassed, please notify us immediately at firstname.lastname@example.org. Violating this Agreement may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing this Agreement.
Content Not Endorsement
We do not sponsor, endorse, recommend or approve of any third party service providers who offer services through the Site. Profiles regarding third party service providers are provided here as a courtesy to visitors who are interested in information regarding such services. Profile content is not prepared by Website Owner, they are prepared by the person or entity highlighted in the profile. Please see Disclaimer of Warranties for more information.
Informational Content Only
WARNING: It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. Website Owner is not responsible for the use of any information that you may choose to disclose through the Site. Please carefully select the type of information that you post on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by Website Owner, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Because Website Owner is not involved in transactions, in the event of any dispute between buyers and sellers, you release the Company, its agents, directors, officers and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute.
You agree to take normal precautions when meeting individuals in person that you have made contact with through the Site.
The information on this Site is for educational purposes only. By publishing this information, Website Owner does NOT render professional advice. It is your own responsibility to seek professional advice for any specific transaction from those licensed to render such advice. If you require specific advice, seek the advice of a qualified professional.
Third Party Copyrights
Website Owner respects the intellectual property of authors and creators of written works and visual images and we ask our users to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. Website Owner and this Site’s users are each subject to the copyright laws. You represent and warrant that you possess all necessary rights to use the content that you submit to Website Owner and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. If you have any questions, you should consult a lawyer who specializes in copyright law.
Links to This Site
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the pages that are activated by the link do not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with Website Owner; (c) imply that Website Owner approves or endorses you, your Web site, or your service or product offerings; and (d) present false, derogatory, misleading or otherwise offensive impressions about Website Owner or its products or services or otherwise damage the goodwill associated with Website Owner’s name or trademarks. You may use the MSA Aircraft Products, Inc. trademarked logo in your link.
As a further condition to being permitted to link to this site, you agree that Website Owner may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Website Owner trademark. You may not use any other Website Owner logo or other proprietary graphic or trademark as part of the link without express written permission.
Links to Other Sites
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS WEBSITE OWNER FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION
CLAIMS BASED UPON THE NEGLIGENCE OF WEBSITE OWNER, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBSITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NONINTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) WEBSITE OWNER ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
(c) WEBSITE OWNER IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
(d) WEBSITE OWNER MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBSITE OWNER OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;
(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE; OR
(f) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, WEBSITE OWNER’S LIABILITY TO YOU SHALL NOT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST WEBSITE OWNER ARISING OUT OF THE USE OF THE SITE. WEBSITE OWNER SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
Website Owner is acting only as an information aggregator and disseminator. Click here for more information. Should you have a dispute with a user, you agree that you release Website Owner, its officers, directors, members, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such a dispute.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) The Website Owner’s logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by Website Owner. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Website Owner. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Website Owner.
(b) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2008, MSA Aircraft Products, Inc. All rights reserved. The copyrighted and proprietary property of Website Owner may not be duplicated or used without Website Owner’s express prior written consent.
Unsolicited Idea Submission
We always welcome messages and feedback from Website Owner users and any comments regarding the Website Owner Site. However, it is Website Owner’s policy to not accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Website Owner might be similar or even identical to your idea.
If you do send Website Owner an unsolicited suggestion, idea, or proposal, or if you send, at the request of Website Owner, a comment or suggestion to improve the Site (for example, through discussion boards or via email) (collectively, the “Submission”),
Website Owner will consider the Submission to be non-confidential and non-proprietary. Website Owner shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Website Owner shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Opinions, advice, statements, offers, or other information or content made available through this Site are those of their respective authors and not of Website Owner, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. Website Owner does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Website Owner be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site.
Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the site. Website Owner has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this site. If you believe any material on this site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at: MSA Aircraft Products, Inc., Attn: DMCA Agent, 10000 Iota Dr, San Antonio, TX 78217.
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
Website Owner may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
This Agreement constitutes the entire agreement between you and Website Owner with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the site, if merchandise is available through our Site, are supplemented by our Ordering Policies. If you are a customer or business partner of Website Owner who has a written agreement with Website Owner, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with Website Owner.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
Website Owner’s principal office is in the State of Texas and this Site is controlled by Website Owner from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and Website Owner agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).
This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please review our .
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Website Owner may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
If you have a comment, question or request, or if you need to contact Website Owner for any other reason, there are two ways to do so.
(a) E-mail: You can e-mail at email@example.com.
(b) By U.S. Mail to: MSA Aircraft Products, Inc., Attn: Web Master, 10000 Iota Dr., San Antonio, TX 78217