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General Terms of Use

Welcome to the Aviation Training Exam Platform consisting of:

  • web sites, services, software, applications or networks

that allows for the authorized:

  • upload, download, purchase, sale, sharing or distribution

of written digital content over the internet (the “Afoullous Platform”).

The terms “Afoullous” and the “Afoullous.com Platform” apply to any site or mobile application owned and operated by Afoullous.com including afoullous.com and the Afoullous mobile applications (each an “App”).

the following terms of use for the afoullous platform is a legal contract between you, either an individual user or a single entity (“you” or, collectively, “users”), and afoullous regarding your use of the afoullous platform. please read carefully the following terms of use.  by registering for, accessing, browsing, posting, downloading from or using the afoullous platform, you acknowledge that you have read and understood, and agree to be bound by, the following terms and conditions, including any additional guidelines and future modifications (collectively, the “terms”).  if at any time you do not agree to these terms, please immediately terminate your use of the afoullous platform in the manner described in section 12.2 below.

arbitration notice: unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “dispute resolution” section below, and except for certain types of disputes described in the “dispute resolution” section below, you agree that disputes between you and afoullous will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

  1. Eligibility.

The Afoullous Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Afoullous Platform by Afoullous.

If You are using or opening an account on the Afoullous Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then You represent and warrant that You are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such subscribing organization.

By using the afoullous platform, you represent that you meet the eligibility requirements in this section.  in any case, you affirm that you are at least 13 years old, as the afoullous platform is not intended for children under 13.

  1. Privacy; Additional Terms.

Your privacy is important to Afoullous.

Afoullous’s Privacy Policy and Membership Terms and Conditions are hereby incorporated into these Terms by reference.  Please read these notices carefully for information relating to privacy policy collection, use, and disclosure of Your personal information.

  1. Individual Features and Services.

When using the Afoullous Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into these Terms.

  1. Paid Access

Afoullous offers several ways for You to purchase access to select content via the Afoullous Platform: You can pay for a monthly membership (“Membership”) for access to certain content, or pay a one-time fee for access to a certain piece of content (“Direct Purchase”). Your access to the applicable content and related purchase transaction are subject to the Afoullous Paid Access End User License Agreement (“Paid Access EULA”). Please see the Paid Access for further information on Memberships and Direct Purchases.

  1. Modification of these Terms and the Afoullous Platform.

Afoullous reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms or any additional terms, including the Membership Terms and Conditions and Paid Access, at any time.  If we do so, we’ll let you know either by posting the modified Terms on the Afoullous Platform or through other communications. Please check these Terms and any Guidelines periodically for changes.  It’s important that you review the Terms whenever we modify them because your continued use of the Afoullous Platform after the posting of changes constitutes Your binding acceptance of such changes. If you don’t agree to be bound by the modified Terms, then you may not use the Afoullous Platform anymore. Because the Afoullous Platform is evolving over time we may change or discontinue all or any part of the Afoullous Platform, at any time and without notice, at our sole discretion.

7.3 Reservation of Rights.

Afoullous reserves all rights not expressly granted in these Terms.

7.4 Prevention of Unauthorized Use.

Afoullous reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Afoullous Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

  1. Content Disclaimer.

You understand that when using the Afoullous Platform You will be exposed to content from a variety of sources, and that Afoullous is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content.  You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Afoullous with respect thereto.  Afoullous does not endorse any content or any opinion, recommendation, or advice expressed therein, and Afoullous expressly disclaims any and all liability in connection with such content.  If notified by a User or a content owner of content that allegedly does not conform to these Terms, Afoullous may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice.  For clarity, Afoullous does not permit copyright infringing activities on the Afoullous Platform.

  1. Prohibited Conduct.

BY USING THE AFOULLOUS PLATFORM YOU AGREE NOT TO:

9.1 use the Afoullous Platform for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the Afoullous Platform as such services are offered by Afoullous;

9.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);

9.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content;

9.4 post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Afoullous Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Afoullous Platform, or perform any other similar fraudulent activity;

9.6 delete the copyright or other proprietary rights notices on the Afoullous Platform or associated with any content available via the Afoullous Platform;

9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Afoullous Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

9.8 use the Afoullous Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

9.9 defame, harass, abuse, threaten or defraud Users of the Afoullous Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;

9.10 use the Afoullous Platform if You are under the age of thirteen (13) years old;

9.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the Afoullous Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the Afoullous Platform, or features that enforce limitations on the use of the Afoullous Platform or any content available via the Afoullous Platform;

9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Afoullous Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

9.13 modify, adapt, translate or create derivative works based upon the Afoullous Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

9.14 intentionally interfere with or damage operation of the Afoullous Platform or any user’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

9.15 relay email from a third party’s mail servers without the permission of that third party;

9.16 use any robot, spider, scraper, or other automated means to access the Afoullous Platform for any purpose or bypass any measures Afoullous may use to prevent or restrict access to the Afoullous Platform;

9.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Afoullous Platform;

9.18 interfere with or disrupt the Afoullous Platform or servers or networks connected to the Afoullous Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Afoullous Platform; or

9.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in Afoullous’s sole opinion detracts from the Afoullous experience.

  1. Account

When You use the Afoullous Platform to print content, download content, or otherwise access content or use any products, services, or otherwise access information from Afoullous, You may be asked to create an account and provide a password.  You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.  You agree that the information You provide to Afoullous on registration and at all other times will be true, accurate, current, and complete.  You also agree that You will ensure that this information is kept accurate and up-to-date at all times.  If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Afoullous by emailing [email protected]  You may be liable for the losses incurred by Afoullous or others due to any unauthorized use of Your Afoullous Platform account.

  1. Third-Party Sites, Products and Services; Links.

The Afoullous Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”).  Unless otherwise expressly stated by Afoullous, Afoullous does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.  In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Afoullous Platform are solely between You and such advertiser.  Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

  1. Termination; Terms of Use Violations.

12.1 Afoullous.

You agree that Afoullous, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Afoullous or Your use of the Afoullous Platform and remove and discard all or any part of Your account, User profile, and any content, at any time and without notice to You.  One reason we may terminate Your account is if You do not log into Your account for an extensive period of time; however, we will not terminate Your account for inactivity if You have a Direct Purchase associated with Your account or continue to pay the fees associated with a Membership. Afoullous may also in its sole discretion and at any time discontinue providing access to the Afoullous Platform, or any part thereof, with or without notice.  You agree that any termination of Your access to the Afoullous Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Afoullous will not be liable to You or any third party for any such termination.  Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Afoullous may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Membership or a Direct Purchase, please see the Paid Access  for additional terms applicable to the cancellation of Your account.

16.4 Basis of the Bargain.

you acknowledge and agree that afoullous has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and afoullous, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and afoullous. afoullous would not be able to provide the afoullous platform to you on an economically reasonable basis without these limitations.

16.5 Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

  1. Dispute Resolution.

17.1 Governing Law.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

17.2 Agreement to Arbitrate.

You and Afoullous agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Afoullous Platform or content available on the Afoullous Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide Afoullous with written notice of Your desire to do so by email or regular mail at Afoullous, Inc., 333 Bush St. Suite 2400, San Francisco, 94104 within thirty (30) days following the date You first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If You don’t provide Afoullous with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if You timely provide Afoullous with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless You timely provide Afoullous with an Arbitration Opt-out Notice, You acknowledge and agree that You and Afoullous are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Afoullous otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

17.7 Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed $75,000, Afoullous will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

17.8 Changes.

Notwithstanding the provisions of the “Modification of these Terms” section above, if Afoullous changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Afoullous’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Afoullous in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).

  1. Miscellaneous.

18.1 Notice.

Afoullous may provide You with notices, including those regarding changes to Afoullous’s terms and conditions, by email, regular mail, or postings on the Afoullous Platform.  Notice will be deemed given twenty-four hours after email is sent, unless Afoullous is notified that the email address is invalid.  Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Afoullous Platform.  In such case, notice will be deemed given three days after the date of mailing.  Notice posted on the Afoullous Platform is deemed given ten days following the initial posting.

18.2 Waiver.

The failure of Afoullous to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Afoullous.

18.3 Severability.

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

18.4 Assignment.

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Afoullous without restriction.  Any assignment attempted to be made in violation of these Terms shall be void.

18.5 Survival.

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18.

18.6 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

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