Terms of Use
Updated: January 1, 2015
Courts have generally upheld website Terms of Use. Here are ours:
1. We invite our members and visitors to enjoy all the features this Association/Site/Publisher/USPFA and its website has to offer. But we must require that each member abide by certain rules so that no one's rights are stepped on. Failure to abide by these rules can result in immediate termination of access to this site, without refund or recourse.
By reading, linking to, quoting, printing out, or in any way making use of Association/US Pilot Financial Association/USPFA.ORG, .net, .com's content in any means, place, or forum, you agree to the following terms of use:
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Web Site and your membership in the Service. This Agreement may be modified by US Pilot Financial Association from time to time, such modifications to be effective upon posting by US Pilot Financial Association on the Web Site. This Agreement includes US Pilot Financial Association's Privacy Policy, US Pilot Financial Association's Member policies and any notices or all other policies regarding the Web Site whether posted on the Web Site or emailed to you. By accessing the Web Site or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Electronic Form. By accessing the Web Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.
Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify US Pilot Financial Association of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. US Pilot Financial Association will not be liable for any loss or damage arising from your failure to comply with this provision. 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. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport or AOL ScreenName to your US Pilot Financial Association account.
Modifications to Service. US Pilot Financial Association reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that US Pilot Financial Association shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Prohibited Activities US Pilot Financial Association reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by US Pilot Financial Association without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service or the Web Site, without US Pilot Financial Association's prior written authorization.
- You also shall not use meta tags or code or other devices containing any reference to US Pilot Financial Association's or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Web Site or any software used on or for the Service or cause others to do so.
- Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
- Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn't mean you own it.
- Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don't violate our copyright.
- No advertising, trading of goods or services, or other commercial use is allowed except in classified ad forums. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.
- Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
- Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
- Please avoid shouting (using all capital letters) in the discussion forums.
- Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forums. Do not libel or defame others. This site strongly disapproves flaming.
- When you post content in the discussion forums, you permit this site to display and distribute the content, and to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
- We do not try to edit or to monitor messages posted on the discussion forums, but we reserve the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not this site. Violators may be permanently banned from using the forums, or even have their subscriptions terminated.
2. All original content and graphics on this site (US Pilot Financial Association) are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights.
US Pilot Financial Association, USPFA.org, .net, .com are all trademarks belonging to US Pilot Financial Association. In using the website of the US Pilot Financial Association you recognize that US Pilot Financial Association is primarily a guide to financial information, tools, checklists, education, etc., that all content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is accurate.
THIS SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS SITE FORUMS AND THAT YOUR USE OF THIS SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS.
ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
3. If permission is granted to quote, cite, link to US Pilot Financial Association content, you must comply with the terms below:
All quotations from US Pilot Financial Association will include credit to US Pilot Financial Association, and wherever practicable, a hyperlink of the form www.USPFA.ORG... to the site.
4. In exchange for the access to US Pilot Financial Association content described above, you agree not to sue US Pilot Financial Association for its content, whether original or linked or quoted from another source, in any court, on any grounds whatsoever in law or equity.
A. Should you violate this agreement by filing such a lawsuit, you agree to pay US Pilot Financial Association's owner or owners the sum of one million dollars ($1,000,000) as liquidated damages, in addition to all attorney's fees, court costs, and other expenses associated with this litigation, and to indemnify and save harmless US Pilot Financial Association and its officers, directors, affiliates, owners, board members, volunteers and employees from any damage award made against them in such an action.
B. Should this agreement not to sue be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. The arbitration panel shall be composed of three (3) Independent Business Owners, selected solely by US Pilot Financial Association's officers, directors, affiliates, owners, board members, or employees. The award in such arbitration shall be limited to:
(1) a monetary sum not to exceed $10; and
(2) the publication of a retraction on the US Pilot Financial Association site.
C. Should this arbitration provision be held unenforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against US Pilot Financial Association the sum of ten dollars ($10), and you agree that you will be entitled to no other relief of any kind in law or equity.
You agree that all disputes concerning these terms of use or the content of USPFA.ORG, .com. net are to be resolved in the courts of Dallas, Texas, under the laws of Texas and the United States of America.
D. You agree that efforts to obtain US Pilot Financial Association content in violation or circumvention of these terms of use constitute a violation of US Pilot Financial Association's copyright and you understand and agree that:
(1) by virtue of this agreement you are estopped from arguing otherwise: and
(2) such violations may lead to civil or criminal penalties.
E. If you are a corporation, union, association, or other entity, you agree to provide, upon the filing of any lawsuit or the mailing of any letter threatening legal action, a bond in the amount of one million dollars ($1,000,000) as security against the liquidated damages provided for in paragraph 2.B. above. If you are an attorney or law firm representing a party filing such lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in paragraph 2.B. above unless you have never accessed, viewed, read, or otherwise made use of US Pilot Financial Association content in any form - included, but not limited to: website, email, printed materials, or pdf files.
5. If you do not agree to these terms of use, exit the site immediately, destroy all copies of US Pilot Financial Association content remaining in any form on your computer, any other computer or network device under your control, in print form, or on any information storage or retrieval device that you possess or control. Then execute the following affidavit and send it by certified mail to:
US Pilot Financial Association
c/o
1853 William Penn Way, Suite 19
Lancaster, PA 17601
Affidavit
I hereby certify under penalty of perjury that I possess no copies of the US Pilot Financial Association website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of US Pilot Financial Association content that happen to come into my possession.
I understand that action contrary to these statements constitutes both perjury and a violation of the US Pilot Financial Association Terms of Use, subjecting me to possible civil and criminal liability.
______________________
Signed (include date)
______________________
Witnessed (notary)
Notary Seal:
My commission expires: ______________
