- ACCEPTANCE OF TERMS
The IAQG Database is made available by the IAQG, the Society of
Automotive Engineers, Inc., and Participants in the Aerospace
Supplier Certification and Registration Scheme (the combination of
these previously listed are herein "IAQG Host" or "Host") subject
the IAQG Host from time to time without notice to you. Additionally,
when using the IAQG Database, you shall be subject to any posted
guidelines or rules applicable thereto which may be posted from
time to time. All such guidelines or rules are hereby incorporated
by reference into the TOU.
- DESCRIPTION OF IAQG DATABASE
You understand and agree that the IAQG Database is provided "AS-IS"
and that IAQG Host assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any information. You are responsible
for obtaining access to the IAQG Database and that access may involve
third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees. In addition, you must provide and are
responsible for all equipment necessary to access the IAQG Database.
- ACCOUNT, PASSWORD AND SECURITY
You have received a password and account number. You are responsible
for maintaining the confidentiality of the password and account number,
and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify IAQG Host of
any unauthorized use of your password or account number or any other breach
of security, and (b) ensure that you exit from your account at the end of
each session. IAQG Host cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
- INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
applicable laws regarding the transmission of Technical Data exported from
the United States or the country in which you reside.
You agree to indemnify and hold IAQG Host, and its affiliates, officers,
agents, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due or arising out
of your use of the IAQG Database, your connection to the IAQG Database,
your violation of the TOU, or your violation of any rights of another.
- NO RESALE OF IAQG DATABASE OR DATA CONTAINED THEREIN
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any purposes not agreed to by us in writing, any portion of the IAQG Database,
use of the IAQG Database, or access to the IAQG Database.
- MODIFICATIONS TO IAQG DATABASE
IAQG Host reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the IAQG Database (or any
part thereof) with or without notice. You agree that IAQG Host shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the IAQG Database.
You agree that IAQG Host, in its sole discretion, may terminate your password, account number or use of the IAQG Database for any reason, including, without limitation, if IAQG Host believes that you have violated or acted inconsistently with the letter or spirit of the TOU. IAQG Host may also in its sole discretion and at any time discontinue providing the IAQG Database, or any part thereof, with or without notice. You agree that any termination of your access to the IAQG Database under any provision of this TOU may be effected without prior notice, and acknowledge and agree that IAQG Host may immediately deactivate or delete your account notice and all related information and files in your account and/or bar any further access to such files or the IAQG Database. Further, you agree that IAQG Host shall not be liable to you or any third-party for any termination of your access to the IAQG Database.
- IAQG HOST'S PROPRIETARY RIGHTS
You acknowledge and agree that the IAQG Database and any necessary software used in connection with the IAQG Database ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information and data provided in the IAQG Database is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IAQG Host, you agree not to modify, loan, sell, distribute or create derivative works based on the data in the IAQG Database or the Software, in whole or in part. IAQG Host grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, 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. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the IAQG Database. You agree not to access the IAQG Database by any means other than through the interface that is provided by IAQG Host for use in accessing the IAQG Database.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE IAQG DATABASE IS AT YOUR SOLE RISK. THE IAQG DATABASE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAQG Host EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. IAQG HOST MAKES NO WARRANTY THAT (i) THE IAQG DATABASE WILL MEET YOUR REQUIREMENTS, (ii) THE IAQG DATABASE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IAQG DATABASE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE IAQG DATABASE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IAQG DATABASE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IAQG HOST OR THROUGH OR FROM THE IAQG DATABASE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IAQG HOST 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 IAQG HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE IAQG DATASE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE DATA OR INFORMATION RESULTING FROM EXCLUSION FROM ACCESS TO THE IAQG DATABASE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IAQG DATABASE; OR (v) ANY OTHER MATTER RELATING TO THE IAQG DATABASE OR ITS USE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. IAQG Host may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the IAQG Database.
- GENERAL INFORMATION
The TOU constitute the entire agreement between you and IAQG Host and govern your use of the IAQG Database, superceding any prior agreements between you and IAQG Host. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and IAQG Host shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and IAQG Host agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allegheny, Pennsylvania, U.S.A.. The failure of IAQG Host to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the IAQG Database or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.