Welcome to plotng.com and its subdomains (the "Site"), which are operated by PlotNG LLC, a New Jersey limited liability company ("PlotNG," "we," or "us"). The following terms and conditions ("Terms") govern your use of the Site and any other websites operated by PlotNG, unless there are different terms posted on those other websites. These Terms include the End User License Agreement.
Through the Site, PlotNG provides you with a variety of resources, including content and providing online non-downloadable software for flight planning and plotting to produce a data file ("Data File") (collectively, the "Services"). By accessing, viewing, or using the Site, including by purchasing or using any Services, and by clicking the "Agree" button, you represent that you (i) are 18 years of age or older/of legal age to enter into a binding agreement on your own behalf, (ii) have read and understand these Terms, including PlotNG’s Privacy Policy, and (iii) accept and agree that you are legally bound to the Terms.
YOU MAY NOT USE THE SITE OR THE SERVICES IF YOU ARE UNDER 18 YEARS OF AGE OR IF YOU DO NOT AGREE TO THESE TERMS.
You may use the Site and Services only for your personal use. You may not commercially distribute, publish, license, or sell any information, products, or services obtained from the Site or Services.
The Site and Services allow you to create an account and to subscribe to the Services. If you choose to create an account, you must provide current, complete, and accurate information, as prompted by the registration form. You will also be prompted to provide Access Credentials. "Access Credentials" means any user name, identification number, password, license or security key, security token, PIN or other security code, method, technology or device used, alone or in combination, to verify an individual's or Person’s identity and authorization to access and use the Application. Prior to accessing the Application, you shall receive Access Credentials from the Company. Access Credentials are personal and non-transferable. You are responsible for keeping your Access Credentials confidential and you may not transfer your account to another person or company. You are responsible for all activity that occurs under your account. You must immediately notify Us if you become aware of any unauthorized use of your account or other breach of security.
As a condition of your use of the Site and Services, you warrant to Us that you will not use the Site or Services for any purpose that is unlawful or prohibited or that is not expressly permitted by these Terms. For example, but without limitation, you may not access or use the Site or Services (a) in violation of any local, national, or international laws (including import, export, copyright, and trademark laws); (b) in any manner that could damage, disable, overburden, or impair any PlotNG server, or the network(s) connected to any PlotNG server, or interfere with any other party's use and enjoyment of the Site or any Services; (c) to gain or attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any PlotNG server or to any of the Services, through hacking, password mining, or any other means; (d) to gain or attempt to gain access, through any means, to any materials or information that is not intentionally made available through the Services; (e) through a robot, spider, or other automated means; (f) to send unsolicited mail or communications, including any promotions or advertising; or (g) in a way that infringes the rights of or willfully harms any person or entity, including PlotNG. You may not (a) copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site or Services; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or Services or any part thereof; (c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site or Services, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site or Services, or any features or functionality of the Site or Services, to any third party for any reason, including by making the Site or Services available on a network where it is capable of being accessed by more than one device at any time or any time-sharing, service bureau, software as a service, cloud or other technology or service; (e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site or Services; (f) bypass or breach any security device or protection used by the Site or Services or access or use the Site or Services other than by an Authorized User through the use of his or her own then valid Access Credentials; (g) input, upload, transmit or otherwise provide to or through the Site or Services, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code; (h) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Site or Services or Company's provision of services to any third party, in whole or in part; (i) remove, delete, alter or obscure any warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Site or Services, including any copy thereof; (j) access or use Site or Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other Supplier, or that violates any applicable Law; (k) access or use the Site or Services for purposes of competitive analysis, the development, provision or use of a competing software service or product or any other purpose that is to Company’s detriment or commercial disadvantage; (l) access or use the Site or Services in, or in association with, the design, construction, maintenance, operation of any hazardous environments, systems or Site or Services, any safety response systems or other safety-critical Site or Services, or any other use or Site or Services in which the use or failure of the Site or Services could lead to personal injury or severe physical or property damage.
PlotNG reserves the right at all times to (a) disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process, or governmental request; or (b) edit, refuse to post, or remove any information or materials, in whole or in part, in PlotNG’s sole discretion; or (c) to terminate your account, or to cease offering the Site or Services, in whole or in part, in PlotNG’s sole discretion, without prior notice.
Certain features of the Site or Services may allow you to upload, post, or otherwise submit testimonials that may be available to other users of the Site or Services ("User Content"). By posting User Content, you represent and warrant that you own or otherwise control all rights to the User Content, including without limitation, all rights necessary for you to upload, post, or submit the User Content. You also represent and warrant that the User Content will not infringe or violate the rights of any third party, including the rights of publicity, personality, or privacy. You represent and warrant that the User Content will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy. PlotNG does not claim ownership of your User Content, but by submitting it, you (i) grant PlotNG a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media now known or hereafter created without attribution; (ii) grant PlotNG the right to pursue at law any person or entity that violates your and/or PlotNG’s rights in the User Content; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to the User Content, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the User Content or any derivative thereof. You further acknowledge and agree that the User Content is non-confidential and does not contain proprietary information. PlotNG does not pay compensation for any of your User Content and has no obligation to post or use any User Content you may provide to Us, and PlotNG may remove any User Content at any time in its sole discretion.
PlotNG does not accept or consider unsolicited ideas, including ideas for new products, advertising campaigns, promotions, or marketing plans. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, OR IDEAS.
If you send us ideas or materials, PlotNG will not compensate you for them and will not treat them as proprietary or confidential.
The Site may contain links to or features of other websites for the convenience of users in (a) locating information, products, or services that may be of interest, (b) making Data Files available to third parties, or (c) contributing User Content or making User Content available to or through the Site. Use of such third-party links or features is entirely at your own risk. PlotNG does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties, including without limitation ForeFlight and Apple. Your use of any third party’s website is at your own risk and subject to the terms and conditions of such other websites. PlotNG does not endorse any product, service, or treatment provided on a third-party website or advertised or provided on the Site.
The prices shown on the Site and Services do not include any taxes or charges that may apply to your purchase. You are solely responsible for all taxes.
PlotNG offers various payment options, which are specified on the Site. We reserve the right to change our payment options at any time, for any reason. PlotNG only accepts US credit cards. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you authorize us to seek pre-authorization for the charges to be incurred by you, (iii) you are duly authorized to use such credit card for the purchase, (iv) charges incurred by you will be honored by your credit card company, and (v) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. The Service may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize PlotNG to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 7 business days for the update or cancellation to take effect. Your selection to confirm any online payment via the Service is your electronic signature and you agree that (i) this signature is the legal equivalent of your manual signature and (ii) this transaction is equivalent to an in-person transaction where your payment method is physically present. Except as expressly stated in these Terms, PlotNG has no obligation to provide refunds or credits, but may grant them, in each case in PlotNG's sole discretion. If you use an international credit card to make a purchase, the card will be refused. If in the future PlotNG accepts non-US credit cards, then the final price in your currency will depend on foreign exchange rates, taxes, and fees applied by your credit card issuer. If for any reason PlotNG does not receive payment for a purchase, it may take whatever actions may legally be available, including pursuing collection of the amount owed, in which case you will be responsible for the reasonable fees and expenses of collection.
As between you and PlotNG, PlotNG owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site or Services ("Site Materials"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. The Site Materials and Products are protected by copyright, trademark, trade dress, patent, and/or other applicable laws. You may not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. PLOTNG and any logos are trademarks of PlotNG LLC ("Trademarks"). As between any user and PlotNG, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site belong solely and exclusively to PlotNG or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have or acquire any rights or license of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms. Except as expressly permitted by PlotNG in these Terms of Use or otherwise in writing, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, you shall not use any keywords, metatags, meta elements, "hidden text" or other equivalents using the Trademarks or any other colorable equivalent without the prior written authorization of PlotNG.
Any personal information that you provide to PlotNG on the Site is subject to our Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein (click here). Please be advised that the confidentiality of any communication or material transmitted to PlotNG via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. PlotNG can be contacted by e-mail at team@plotng.com.
The Site, the Site materials, User Content, services, products, information and other materials on, in and made available through the site are made available "As Is." Use of the Site is entirely at your own risk. PlotNG makes no representations or warranties, and disclaims all representations and warranties, with respect to the site, any results, including without limitation any Data Files, the User Content, the site materials, Services, products, data and other materials on, in and made available through the site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. If you use this service on an iOS device, you acknowledge that the Terms are between you and PlotNG only, not with any third parties, including without limitation ForeFlight or Apple, and ForeFlight and Apple are not responsible for the Service or its content. ForeFlight and Apple have no obligation to furnish any maintenance or support services with respect to the Service.
PlotNG is not liable for the actions of any third parties who may use the Data Files or any other information based on the User Content. PlotNG and its licensors shall not be liable for any indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the user content, the site materials, services, products, data and other materials on, in and made available through the site, regardless of legal theory, whether or not you or PlotNG had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of PlotNG and its licensors to you or any other person or entity in connection with, based upon, or arising from the site, user content, the site materials on, in and made available through the Site, or the services, products, data or other materials offered in connection therewith exceed the price paid by you for use of the site and the services and products over the six months prior to the claim. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you are dissatisfied with the Site or with any of these Terms, or feel PlotNG has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify PlotNG and its directors, officers, employees, agents, contractors and licensors ("PlotNG Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site (except to the extent attributable to PlotNG), or any breach by you of these Terms and shall indemnify and hold PlotNG Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of PlotNG. PlotNG may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof at your sole expense. If PlotNG does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to PlotNG, subject to the right of PlotNG to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
PlotNG uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. PlotNG will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that PlotNG shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. PlotNG does not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to PlotNG via the Site or the Internet, including, for example, personal information such as your name or address. Should you elect to send or receive e-mail communications of any kind to or from PlotNG, you represent and warrant to PlotNG that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You absolve and release PlotNG and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which PlotNG or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
If you believe that your work has been used in a way that constitutes copyright infringement, please provide us with the following information:
PlotNG’s Copyright Agent for notice of claims of copyright infringement on the Site and Services can be reached as follows: Tarter Krinsky & Drogin LLP, 1350 Broadway, New York, NY 10018 / Fax: 212-216-8001 / agoldsmith@tarterkrinsky.com
For any other claims or complaints, please notify PlotNG at team@plotng.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement, made under penalty of perjury: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
PlotNG reserves the right at any time to modify, alter or update these Terms. If we change the Terms, we will post a notice on the Site and Services. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site after the change to learn of changes to the Terms since their last visit. PlotNG may suspend or terminate your ability to use the Site, or any services on the Site for failure to comply with these Terms, for providing PlotNG with untrue or inaccurate information about yourself, for infringement upon PlotNG proprietary rights, or for any other reason whatsoever or for no reason, in its sole discretion. You may terminate these Terms of Use at any time by ceasing all use of the Site, the Services and the Content. The warranty disclaimers, limitations and exclusions of liability, reservation and ownership of property rights and other terms and conditions of these Terms of Use are intended to survive and will survive the termination or expiration of these Terms of Use for any reason.
The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Site. These Terms represent the entire agreement between you and PlotNG with respect to the subject matter hereof and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis and agree that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
The Site and Services are controlled and operated from within the United States. PlotNG makes no representation that the Site, Services, Site Materials, User Content, products, information or materials are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. If you choose to access the Site or Services from a jurisdiction other than the United States, you do so at your own risk and are responsible for compliance with applicable laws. The waiver or failure of PlotNG to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof.
Dated: November 6, 2019