1. Acceptance of Terms:
Welcome to www.antndigicast.com (“Digicast”), a subscription based service
where training, news, and information is provided. This agreement ("Agreement") is between the
American Association of Airport Executives (AAAE) and its subsidiaries and affiliated entities (collectively, "AAAE", "we" or "ours")
and you and your agents ("you" or "yours") for the use of this website (the "Site"). This Agreement includes
any guidelines or rules posted and updated on the Site by AAAE from time to time. By paying for a subscription or using the Site,
you agree to this Terms and Conditions Agreement.You can review the most current version of this Agreement at any time at the Site.
2. Ownership of Site and Restrictions on Use of Content
The Site is owned by AAAE. You acknowledge that this website may contain information,communications, software, photos, text, video, graphics, music, sounds, images andother material and services (collectively "Content"), which is generally provided by AAAEor by licensors of AAAE. You agree and acknowledge that, notwithstanding that AAAEpermits access to the Content, the Content or its use or the use of this Site is protectedby patents, copyrights, trademarks and other proprietary rights (including intellectualproperty rights), that these rights are valid and protected in all media now existing orlater developed, and that except as specifically provided in this Agreement, your use ofthe Content shall be governed and constrained by applicable patent, copyright,trademark and other intellectual property laws. Modification or use of the Site and/orthe Content for any commercial purpose is a violation of patent, copyright and otherproprietary rights owned by AAAE and third parties, and any modification or use of theSite and/or the Content for reproduction purposes of any kind is prohibited.
3. Access to Site, Payment, Renewal and Termination of Access
In order to obtain access to the Site, you must subscribe to Digicast and pay a monthly, quarterly or annual subscription fee according to the subscription andpayment options below. Subscription fees are based on airport hub size as defined anddesignated by the Federal Aviation Administration, with the initial subscription fee being due and payable immediately upon invoice receipt. In the case of payment by credit card, such fees will be charged upon receipt of this Agreement and automatically thereafter according to the payment option selected and renewal terms set forth herein.
The term of this subscription shall commence upon the first date of billing and shallautomatically be extended for the billing term selected, unless, not less than 30 days prior to such renewal date, you give notice in writing of your intent not to extend this Agreement. Notwithstanding other provisions of this Agreement, ANTN may, for any reason, decline to continue offering services to you after 30-days written notice.
You agree that you will be responsible for maintaining your user account as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your account. You agree to immediately notify us in the event that (i) your account is lost or stolen, or (ii) you become aware of any unauthorized use of your account or of any other breach of security that might affect the Site. AAAE is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.
You acknowledge and agree that AAAE may terminate your access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if (i) AAAE believes that you have violated any provision of this Agreement and/or (ii) you have otherwise acted or failed to act in any manner that AAAE deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of AAAE to you or any third party in connection with such termination.
5. Disclaimer of Warranties
The use of the Site is solely at your own risk. The Site is provided on an "as is" basis. AAAE expressly disclaims all warranties of any kind with respect to the Site, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. AAAE makes no warranty that the Site and/or any content therein will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the Site and/or any content therein will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site is to cease using the Site.
6. Limitation of Liability
You expressly understand and agree that AAAE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss or other losses (even if AAAE has been advised of the possibility of such damages) resulting from: (i) the use or inability touse the Site, (ii) the cost of procurement of any substitute products and/or services resulting from any products, data, information or services obtained or which you were
unable to obtain or transactions effected or failed to be effected, (iii) any link provided in connection with the Site or (iv) any matter otherwise related to your use of the Site.
7. Your Conduct on the Site
In the event that AAAE permits you to upload, post, email or otherwise transmitcontent, data, information or other materials (collectively, "User Content") for displayon the Site otherwise, you will be responsible for all such User Content that you upload,post, email or otherwise transmit using the Site. Likewise, you are responsible forcomplying with all third party rights with respect to all such User Content that appearson the Site and not to download, email or otherwise transmit such User Content inviolation of such third party's rights. By submitting User Content to AAAE, youautomatically grant or warrant that the owner of such Content has expressly grantedthe royalty-free, perpetual, irrevocable, nonexclusive right and license to use,reproduce, modify, adapt, publish, translate, create derivative works from, distribute,perform and display such User Content (in whole or part) worldwide and/or toincorporate it in other works in any form, media or technology now known or laterdeveloped for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or anyproduct, good or service or otherwise transmitting through or posting on the Site(including in any email message or any chat or message board posting) any unlawful,harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit,profane, hateful, racial, ethnic or otherwise objectionable material of any kind, includingwithout limitation, any material that encourages conduct that would constitute acriminal offense, give rise to civil liability or otherwise violate any applicable local, state,national or international law (collectively, "Prohibited Conduct"). Prohibited Conductexpressly includes any transmission to people or other entities on mailing lists that youdo not have full rights to use. You agree and acknowledge that AAAE is not responsibleor liable to you or any other party or user of the Site for any Prohibited Conduct by youor any other party or user of the Site.
You may not collect or store personal data of other users of the Site without the prior,written permission of such user(s).
You may not directly or indirectly, intentionally disrupt or interfere with the Site in anymanner that may adversely affect AAAE or any user of the Site.
You may not upload, post, email or otherwise transmit any material that containssoftware viruses or any other code, files or programs designed or known to disable,interrupt or limit the functionality of any computer hardware, computer software, ortelecommunications equipment or facilities.
8. Your Warranties
By your use of the Site, you represent and warrant that you have all the rights necessaryto receive, use, transmit and disclose all data that you use in any way with the Site. Youfurther represent and warrant that you and your employees' and agents' use of the Site and of any data input into or generated by the Site shall comply with all applicable laws,regulations and ordinances. You agree and acknowledge that you are solely responsiblefor any liabilities, fines, penalties or forfeitures occasioned by any such violations or lackof rights.
9. Your Responsibilities
You further agree and acknowledge that you are solely responsible for inputting andretrieving data using the Site, and for the accuracy and adequacy of information anddata furnished using the Site. You are responsible for establishing such procedures asyou deem appropriate in your professional judgment to verify the accuracy of datatransmitted hereunder and to provide backup procedures for any loss of data orunavailability of the Site.
10. Disclaimer of Content
You understand and acknowledge that AAAE assumes no responsibility to screen orreview Content and/or User Content that is originated by parties other than AAAE, andthat AAAE shall have the right, but not the obligation, in its sole discretion to review,refuse, monitor, edit or remove any Content and/or User Content that is available onthe Site. AAAE expressly disclaims all responsibility or liability to you or any other personor entity for the performance or nonperformance of such Content and/or User Contentreview. You acknowledge and agree that you assume all risk associated with the use ofany and all Content and/or User Content.
11. Display of Products
We use commercially reasonable efforts to ensure that the colors, design and details ofthe products displayed on the Site are accurate. However, we cannot and do notguarantee that the colors, font types, design, paper stock and/or detail, as displayed byyour monitor, will be accurate and we assume no responsibility whatsoever for suchdifference in color, design and details.
12. Your Submissions
If you contact AAAE with information including, without limitation, feedback data (e.g.,questions, comments, suggestions or the like) regarding the Site, the content of the Siteor any item on the Site (collectively, "User Feedback"), the User Feedback shall bedeemed to be non-confidential and AAAE shall have no obligation of any kind withrespect to the User Feedback. In addition, you agree and acknowledge that AAAE shallbe free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivativeworks and distribute the User Feedback to others without limitation, and to authorize
others to do the same. Further, AAAE shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. AAAE shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
The Site may provide, or third parties may provide, links to other websites. Youacknowledge and agree that such links are provided for your convenience and do notreflect any endorsement by AAAE with respect to the provider of such linked site or thequality, reliability or any other characteristic or feature of such linked site and AAAE isnot responsible in any manner (including without limitation with respect to any loss orinjury you may suffer) for any matter associated with the linked site, including withoutlimitation, the content provided on or through any such linked site or your reliancethereon. AAAE makes no representations or warranties with respect to any linked site.Your use of any linked site is solely at your own risk. In addition, you should be awarethat your use of any linked site is subject to the terms and conditions applicable to thatsite, including the privacy policies (or lack thereof) of such site.
14. Jurisdictional Issues
Unless otherwise specified, the materials, information, products and services availableon the Site are solely available in or applicable to the United States, its territories,possessions and protectorates. AAAE makes no representation that materials orinformation in this Site, or the products and services available on the Site, areappropriate or available for use outside the United States. Those who choose to accessthe Site from outside the United States do so on their own initiative and are responsiblefor compliance with local laws, if and to the extent local laws are applicable. Softwarefrom the Site is further subject to United States export controls. No software from thisSite may be downloaded or otherwise exported or re-exported (i) into any country towhich the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrantthat you are not located in, under the control of, or a national or resident of any suchcountry or on any such list.
You agree to defend, indemnify and hold AAAE, its subsidiaries, affiliates, officers,directors, employees and agents, harmless from and against any third party claim,action or demand ("Claim") and all liabilities and settlements related thereto, includingwithout limitation, reasonable legal and accounting fees, resulting from, or alleged toresult from, your use of the Site and/or its Content and/or User Content. AAAE shall
provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
16. Trademark Information
AAAE and our logo are trademarks of AAAE. Other trademarks are owned by AAAE or itsaffiliated entities or are used with the permission of their respective owners. You agreenot to use or display trademarks without the prior written consent of AAAE or theowner of such mark.
17. Intellectual Property Policy
AAAE reserves the right to terminate this Agreement in appropriate circumstances if youinfringe upon the intellectual property rights of any third party. Pursuant to the DigitalMillennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), AAAE's designated agent fornotice of alleged copyright infringement in connection with the website is:
AAAE Marketing Department
To file a notice of infringement with AAAE, the requirements specified in Title II of theDigital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can befound at the U.S. Copyright Office website.
You understand and agree that AAAE may from time to time establish and revisepractices and limitations concerning the Site and your use of the Site. You agree thatAAAE shall have no liability for the deletion or failure to store any messages and othercommunications or other Content or User Content maintained on the Site ortransmitted using the Site. This Agreement constitutes the entire agreement betweenyou and AAAE and governs your use of the Site. You also may be subject to additionalterms and conditions that may apply when you use third party content or Site availablethrough the Site. If any provision of this Agreement is found to be invalid by any courthaving competent jurisdiction, the invalidity of such provision shall not affect thevalidity of the remaining provisions of this Agreement, which shall remain in full forceand effect. You and AAAE and any of its affiliates, employees, contractors, officers ordirectors agree that this Agreement and the relationship between you and AAAE will begoverned by the laws of the Commonwealth of Virginia, without respect to its conflict oflaws, provisions and that venue with respect to any dispute between you and AAAE willrest exclusively in the state and federal courts located in the Commonwealth of Virginia.The failure of AAAE to exercise or enforce any right or provision of this Agreement shallnot constitute a waiver of such right or condition. You agree that regardless of anystatute or law to the contrary, any claim or cause of action arising out of or related to
the Site or this Agreement must be filed within 1 year after such claim or cause of action arose. AAAE may provide notice to you by email or regular mail. The Site may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Site. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.