Welcome to the Dawson Aircraft website (the “dawsonaircraft.com Website”), a site owned and operated by Dawson Aircraft. These Terms of Use, along with policies and guidelines located throughout the Dawson Aircraft Website identify what users of the Dawson Aircraft Website (“Users”) can expect from Dawson Aircraft, Dawson Aircraft Providers (as defined below) and the Dawson Aircraft Website and what we expect from Users. By accessing any areas of the Dawson Aircraft Website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Dawson Aircraft Website.

I. ONLINE CONDUCT

User agrees to use the Dawson Aircraft Website only for lawful purposes. User is prohibited from posting on or transmitting through the Dawson Aircraft Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If Dawson Aircraft is notified of any material on the Dawson Aircraft Website (collectively “Content”) provided by User (e.g., through an online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Dawson Aircraft may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Dawson Aircraft Website. Dawson Aircraft may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Dawson Aircraft Website; or (iii) to protect the rights or property of Dawson Aircraft and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, “Dawson Aircraft Providers”) and any other User. Dawson Aircraft reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Dawson Aircraft, the Dawson Aircraft Website, the communities that make up the Dawson Aircraft Website, or any rights of Dawson Aircraft or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Dawson Aircraft Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Dawson Aircraft Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Dawson Aircraft Website.

II. PRIVACY POLICY

Dawson Aircraft respects the privacy of its Users. The terms and conditions of the Dawson Aircraft Privacy Policy, http://www.dawsonaircraft.com/privacy.php, are incorporated herein by reference.

III. TRADEMARKS

dawsonaircraft.com is a service mark of Dawson Aircraft or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of Dawson Aircraft and its licensors used on the Dawson Aircraft Website may not be used without the prior written consent of Dawson Aircraft or its licensor, as the case may be. Without limiting the foregoing, no Dawson Aircraft trademark or trade dress may be used in connection with any product or service that is not Dawson Aircraft’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Dawson Aircraft

IV. CONTENT

1. Proprietary Rights User acknowledges that the Dawson Aircraft Website contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Dawson Aircraft owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
2. Distribution/Uploading Of Third-Party Content Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Dawson Aircraft Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Dawson Aircraft Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Dawson Aircraft at [email protected]. By submitting Content to any User-submit areas, including, without limitation, any User product reviews User automatically grants, or warrants that the owner of such Content has expressly granted Dawson Aircraft Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. The user also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on the Dawson Aircraft Website retains any and all rights which may exist in such Content.
3. Third-Party Content Dawson Aircraft is a distributor and not a publisher of Content supplied by third parties and Users. Dawson Aircraft has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Dawson Aircraft or its affiliates or any of their officers, directors, employees, or agents. No Dawson Aircraft Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Dawson Aircraft Website represents the opinions and judgments of the respective third party providing such Content. Dawson Aircraft neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Dawson Aircraft Website by anyone other than Dawson Aircraft. Under no circumstances shall Dawson Aircraft, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Dawson Aircraft Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Dawson Aircraft Website.
4. Export The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Dawson Aircraft Website to either a foreign national or a foreign destination in violation of such laws.

V. AGE OF USERS

Dawson Aircraft does not intend the Dawson Aircraft Website to be used by minors under the age of 13. Furthermore, Dawson Aircraft does not market the Dawson Aircraft Website for use by minors under the age of 13. Dawson Aircraft relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Dawson Aircraft Website are appropriate for view or access by such Users.

VI. TERMINATION OF USAGE

Dawson Aircraft may suspend or terminate any User’s access to all or any part of the Dawson Aircraft Website including any account thereon, without notice, for any reason in Dawson Aircraft’s sole discretion, including without limitation Dawson Aircraft’s belief that such access would violate any applicable law or would be harmful to the interests of any Dawson Aircraft Provider or another User.

VII. PASSWORD SECURITY

Every User is responsible for (i) keeping such User’s Dawson Aircraft account password confidential and (ii) restricting access to such User’s computer. Each User agrees to accept full responsibility for all activities that occur within such User’s Dawson Aircraft account.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY

THE Dawson Aircraft WEBSITE IS PROVIDED BY Dawson Aircraft PROVIDERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH Dawson Aircraft PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NO Dawson Aircraft PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE Dawson Aircraft WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE Dawson Aircraft WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE Dawson Aircraft WEBSITE; OR (IV) THAT THE Dawson Aircraft WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF Dawson Aircraft ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO Dawson Aircraft PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Dawson Aircraft WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE Dawson Aircraft WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY Dawson Aircraft PROVIDER. UNDER NO CIRCUMSTANCES SHALL ANY Dawson Aircraft PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Dawson Aircraft WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Dawson Aircraft WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Dawson Aircraft’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE Dawson Aircraft WEBSITE. NO Dawson Aircraft PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE Dawson Aircraft WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH Dawson Aircraft PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION

This site is created and controlled by Dawson Aircraft in the State of Arkansas. As such, the laws of the State of Arkansas will govern these Terms of Use, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Arkansas and of the United States of America located in the State of Arkansas for any litigation arising out of or relating to use of or purchase made through the Dawson Aircraft Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Arkansas Courts and agrees not to plead or claim in any Arkansas Court that such litigation brought therein has been brought in an inconvenient forum.

XI. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Dawson Aircraft Website, any Content or any item purchased from the Dawson Aircraft Website shall be settled by confidential arbitration in Cabot, Arkansas administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Dawson Aircraft from seeking any injunctive relief in State or Federal courts located in the State of Arkansas for protection of Dawson Aircraft’s or Dawson Aircraft licensor’s intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.

XII. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Dawson Aircraft regarding User’s relationship with Dawson Aircraft and supersedes any prior statements or representations. When using the Dawson Aircraft Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

XIII. MODIFICATION

Dawson Aircraft reserves the right to make changes to the Dawson Aircraft Website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on April 25, 2019.