1. ELLIOTT AVIATION, INC. TERMS OF SERVICE AGREEMENT
Terms and Conditions of Use
Welcome to ELLIOTT AVIATION, INC. (“Service”), an online service of Elliott Aviation, Inc. (“EA”). Your use of the Service will be subject to the terms of this Terms of Service Agreement.
Subscriber Participation and Conduct
During the term of this Agreement, ELLIOTT AVIATION, INC. grants to you a non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service. You agree to indemnify EA and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes.
ELLIOTT AVIATION, INC. reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. ELLIOTT AVIATION, INC. also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, ELLIOTT AVIATION, INC. is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.EA DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. EA IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND EA DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.
EA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SERVICE OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF EA HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL EA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED THE CUMULATIVE AMOUNT YOU HAVE PAID FOR ACCESS TO THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EA may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to EA via E-mail at email@example.com, by postal mail to: PO BOX 100, Moline, IL 61266-0100 U.S.A., or via facsimile to (309) 799-9893.
EA reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
EA may unilaterally amend this Agreement at any time, provided that EA gives notice of the amendment to you in a reasonable period prior to its effective date. The Agreement may not otherwise be amended except in a writing signed by the party against whom the amendment is asserted. Any failure by EA to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, as applied to contracts entered into and performed within Illinois. This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
The Elliott Aviation, Inc. Web site is maintained by
Elliott Aviation, Inc.
P.O. Box 100
Moline, IL 61266-0100
ELLIOTT AVIATION, INC. online collects no personally identifying information about individuals except when specifically and knowingly provided by such individuals. In addition, ELLIOTT AVIATION, INC. may place a “cookie” in the browser files of a user’s computer. The cookie itself does not contain any personally identifying information although it will enable ELLIOTT AVIATION, INC. to manage the banner advertisements presented to the user. The aggregated information we collect is used for the following purposes:
- to improve the content and design of the ELLIOTT AVIATION, INC. Web site
- to enable our audit bureau to verify our claims of traffic to the site
- to help advertisers and potential advertisers assess the suitability of the site for their ad campaigns
All E-mail mailing lists maintained by Elliott Aviation, Inc., Inc. contain the names of people who requested to receive information from us. Currently, E-mail addresses may be used by Elliott Aviation, Inc. to promote Elliott Aviation, Inc. products and services, surveys, and for consultations with users. A user will never have their email address shared with any companies or parties other than Elliott Aviation.
3. COPYRIGHT INFORMATION
Copyright and Trademarks
The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “Content”), are protected by copyright and are owned by ELLIOTT AVIATION, INC. or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute any Content to any third person. You may copy and display the Content solely for your personal, non-commercial use, as permitted by the license granted above.
ELLIOTT AVIATION, INC., ELLIOTT AVIATION, INC. online and their respective logos are trademarks of Elliott Aviation, Inc.. All other trademarks on the Service are the property of their respective holders.
All requests for licensing, reprints, and other usage of material on Elliott Aviation, Inc. should be addressed to firstname.lastname@example.org. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.
4. EDITORIAL GUIDELINES FOR ELLIOTT AVIATION SITES
The same ASME principles that mandate distinct treatment of editorial content, advertisements, and special advertising sections (“advertorials”) in print publications also apply to online editorial projects bearing the names of print magazines or offering themselves as electronic magazines. The dynamic technology of electronic pages and hypertext links create a high potential for reader confusion. Permitting such confusion betrays reader trust and undermines the credibility not only of the offending online publication or editorial product, but also of the publisher itself. It is therefore the responsibility of each online publication to make clear to its readers which online content is editorial and which is advertising, and to prevent any juxtaposition that gives the impression that editorial material was created for–or influenced by–advertisers.* Note: Elliott Aviation, Inc. stories are archived on this Web site for historical purposes. Information in the stories is accurate at the time the story is posted. However, product specifications and availability, promotions, prices, relationships, contact numbers and other specific information may change over time. Information as stated in the story may or may not be in effect after the date on the story.
5. 10 CORPORATE RULES OF CONDUCT
We hereby call on editors, publishers, and advertisers to follow this set of standards:
- The home page of a publication’s Web site (or other electronic venue) shall identify the publication by displaying its name and logo prominently in order to make clear who controls the content of the site. All editorial content is under the sole control of editors.
- On all online pages, there shall be a clear distinction made–through words, design, placement, or any other effective method–between editorial and advertising content.
- In the case of special advertising sections, or in any other case where there is significant danger that advertising, including advertorials, will be mistaken for true, independently produced editorial content, the advertising in question shall carry the words “Special Advertising Section” or “Advertisement From (Company Name)” prominently at the top of each page or each body of material within a page, in type at least equal in size and weight to the publication’s normal editorial body type face. The word “advertorial” shall not be used. Synonyms such as “sponsored by,” “brought to you by,” “underwritten by,” or “supported by” can be used in addition to the words “advertisement” or “advertising” but should not be used as replacements for these words.
- Publications shall display their logos in conjunction with the logo of another company only in custom publishing arrangements where the publication solely controls the site’s content and in no way endorses the advertiser’s products or services. This does not preclude joint partnerships, either editorial- or sales-driven, as long as there is a clear distinction between editorial and advertising content at all times.
- Links that appear within the editorial portion of a site shall be under the sole control of the editors. No publication may sell outright–or make a condition of any advertising sale, either explicitly or by implication–a link from its editorial content to any other site. Links from editorial content to advertisements on the site are not permitted.
- Neither links nor other references to special advertising sections or advertorials shall appear in the table of contents, directory of contents, or in any listing of editorial content of an online publication. However, a reference to a special advertising section or advertorial may be placed outside editorial areas and display in a design different from the publication’s editorial design.
- Editors shall not create content for special advertising sections or other advertisements.
- The publication shall require that search engines and other applications presented under the publication’s brand and made accessible through the publications’ Web sites perform their operations free of influence from advertising or other commercial considerations. Alterations that give greater prominence to an advertiser’s site or link would constitute a betrayal of reader trust and are therefore prohibited. This does not preclude ads on search results pages as long as all search results are under the editors’ control.
- Where technically possible, efforts should be made to avoid intentionally placing advertisements next to editorial coverage of the same product. This does not preclude ads on search results pages as long as all search results are under the editors’ control.
* Original ASME guidelines are in plain text; Elliott Aviation-specific additions are in bold.