MODERNHAWK, LLC.
Website Terms of Use
Last Updated: December 31, 2021
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
1. Acceptance of the Terms of Use.
These terms of use are entered into by and between You and ModernHawk, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use" or “Terms”), govern your access to and use of www.modernhawk.com, including any content, functionality, and the purchase and sale of any goods and services offered on or through www.modernhawk.com (the "Website"), including the aviation maintenance management and tracking software.
Please read the Terms carefully before You start to use the Website and before You purchase any services that are available through the Website. By using the Website or by placing an order for services from this Website, You accept and agree to be bound and abide by these Terms, our Privacy Policy, found at www.modernhawk.com/privacy-policy, and our End Use License Agreement, found at www.modernhawk.com/eula, incorporated herein by reference. If You do not want to agree to these Terms or the Privacy Policy, You must not access or use the Website or purchase services from this Website.
YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ORDER SERVICES FROM THIS WEBSITE IF YOU: (I) DO NOT AGREE TO THESE TERMS; (II) ARE NOT AT LEAST 18 YEARS OF AGE; (III) YOU DO NOT RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS; OR (IV) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PURCHASE ANY OF THE SERVICES OFFERED THOUGH THE WEBSITE.
2. Changes to the Terms of Use.
We may revise and update these Terms, without prior written notice, at any time and in our sole discretion. The latest version of these Terms will be posted on this Website, and You should review these Terms before accessing, using, or purchasing any good or service offered though the Website. All changes are effective immediately when we post them. Your continued use of the Website or the services following the posting of revised Terms means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
3. Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or services offered through the Website are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for: (i) making all arrangements necessary for You to have access to all information and User Contributions You have stored on this Website, including but not limited to, printing the physical records of flight logs, maintenance data, inspection data, service reports, and all other information submitted by You for your aircraft and associated equipment on a regular basis if applicable and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions we take with respect to your information consistent with our Privacy Policy.
If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that You exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our reasonable discretion, including if, in our opinion, You have violated any provision of these Terms of Use or the End Use License Agreement.
4. Intellectual Property Rights.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (A) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (B) You may store files that are automatically cached by your Web browser for display enhancement purposes, (C) You may print or download copies of any and all of your maintenance, inspection, and service records stored on the Website, and (D) You may provide copies of your maintenance, inspection, and service records stored on the Website to third parties that require such information, such as auditors and government inspectors.
If You use any of the services provided on the Website, including the web-based aviation maintenance management and tracking software, You agree to be bound by our End Use License Agreement.
You must not: (i) modify copies of any materials from this Website; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (iv) access or use for any commercial purposes any part of the Website or any services or materials available through the Website, other than your maintenance, inspection, and service records stored on the Website, unless otherwise authorized to do so.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5. Trademarks.
The Company name, the terms “ModernHawk” and “Aviation Maintenance Management and Tracking Software”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. FAA & DOT Digital Record Keeping.
By accessing any of the interactive features on the Website, including the aviation maintenance management and tracking software, You represent and warrant to the Company that You have obtained all required FAA and DOT authorizations in regards to digital record keeping.
7. Prohibited Uses.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding digital record keeping as required by the FAA and DOT); (ii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use; (iii) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (iv) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, You agree not to: (A) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (B) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (C) use any manual process to monitor or copy any of the material on the Website for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (D) use any device, software, or routine that interferes with the proper working of the Website; (E) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (F) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (G) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (H) otherwise attempt to interfere with the proper working of the Website.
8. Aviation Maintenance Management and Tracking.
The Website contains interactive features (collectively, "Interactive Services"), such as the aviation maintenance management and tracking software, which allow users to submit information, including but not limited to, data associated with the user’s aircraft and associated support equipment maintenance, flight data, pilot duty tracking, training records, and inspection records (collectively, "User Contributions") on or through the Website located at app.modernhowk.com. All User Contributions must comply with the Content Standards set out in these Terms of Use. You understand and acknowledge that You are responsible for any User Contributions You submit, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, completeness, and appropriateness. Further, You expressly understand that the pilot duty tracking features, including related User Contributions, may not adhere to FAR part 135 regulations for pilot tracking. For the avoidance of doubt, the Company has no responsibility for: (i) ensuring any of your User Contributions are in compliance with any applicable rules or regulations; (ii) notifying You of any maintenance, inspection, or digital record keeping requirements; or (iii) ensuring the completeness or accuracy of your User Contributions. Further, We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Website.
9. Termination.
We have the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities, governmental agencies such as the FAA, or court order requesting or directing us to disclose the identity or other information of anyone posting any materials, including User Contributions on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, LAW ENFORCEMENT AUTHORITIES, OR GOVERNMENTAL AGENCIES.
We do not review User Contributions posted on the Website. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Content Standards.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations, including all FAA and DOT rules and regulations. Without limiting the foregoing, User Contributions must not: (i) violate any applicable law; (ii) be likely to deceive any person or governmental agency; or (iii) advocate, promote, or assist any unlawful act.
11. Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents. Further, We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
12. Changes to the Website.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. You are solely responsible for ensuring all User Contributions are complete, accurate, and up-to-date.
13. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
14. Online Purchases and Other Terms and Conditions.
The purchase and sale of services through the Website, including the use of our aviation maintenance management and tracking software, is governed by our End Use License Agreement, which is hereby incorporated into these Terms of Use.
15. Links from the Website.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.
16. Geographic Restrictions.
The owner of the Website is based in the State of Idaho in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.
17. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE AVIATION MAINTENANCE MANAGEMENT AND TRACKING SOFTWARE, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE AVIATION MAINTENANCE MANAGEMENT AND TRACKING SOFTWARE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, AND IN THE CASE OF USER CONTRIBUTIONS, THAT ANY OF YOUR USER CONTRIBUTIONS, OR THE FORMAT IN WHICH YOUR USER CONTRIBUTIONS ARE TRACKED AND RECORDED WILL ADHERE TO ANY APPLICABLE RULES AND REGULATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE AVIATION MAINTENANCE MANAGEMENT AND TRACKING SOFTWARE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE AVIATION MAINTENANCE MANAGEMENT AND TRACKING SOFTWARE, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND MEMBERS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE GOOD OR SERVICES, INCLUDING BUT NOT LIMITED TO THE AVIATION MAINTENANCE MANAGEMENT AND TRACKING SOFTWARE, IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
19. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your violation of these Terms of Use; (ii) your use of the Website, including, but not limited to, the User Contributions you submit; (iii) any use of the Website's content, products, and services, including but not limited to the aviation maintenance management and tracking software; or (iv) your use of or reliance upon any information obtained from the Website.
20. Governing Law and Jurisdiction.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Idaho, in each case located in the City of Boise and County of Ada. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
21. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
23. Entire Agreement.
The Terms of Use, our Privacy Policy, and the End Use License Agreement constitute the sole and entire agreement between You and ModernHawk, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
24. Your Comments and Concerns.
This Website is operated by ModernHawk, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: dane@modernhawk.com.