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Multi Service Aviation Terms of Service

1.  ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

The Multi Service Aviation Website ("Website"), owned and operated by Multi Service Aviation ("MSA"), is provided to the customer under the terms and conditions of this Website Terms of Service (WTS) which incorporates by reference any operating rules or policies that may be published by MSA. The WTS as it may hereafter be amended or modified without notice, comprises the entire agreement between Customer and MSA and supersedes all prior agreements between the parties regarding the subject matter contained herein. By logging on to the Website, you are indicating Customer's agreement to be bound by all of the terms and conditions of the WTS and that you have the authority to so agree on behalf of Customer.

In consideration for access to the Website, Customer agrees to: (1) provide certain current, complete, and accurate information about Customer as prompted to do so by Website; and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Customer grants MSA the right to disclose to third parties certain Registration Data about Customer in the aggregate; however, such disclosures will exclude Customer's name, mailing address, e-mail address, account and phone number, unless: (1) Customer expressly directs MSA, or any other person Customer may specifically designate to disclose such information or (2) MSA is required to disclose such information by any applicable law or legal process served on MSA.

If any information provided by Customer is inaccurate, MSA retains the right to terminate Customer's rights to use the Website without notice.

2.  DESCRIPTION OF MULTI SERVICE AVIATION WEBSITE

MSA is providing Customer with a capability to send and receive electronic data ("Data") via the World Wide Web and on MSA's own system. Customer must: (1) provide all equipment, including a computer and modem compatible with the Website, necessary to establish a connection to the World Wide Web; and (2) provide for its own access to the World Wide Web and pay any telephone service fees associated with such access to the Website.

3.  MODIFICATIONS TO TERMS OF MULTI SERVICE AVIATION WEBSITE

MSA may change the terms and conditions of the WTS from time to time without notice to Customer. If Customer does not agree to be bound by the changes, you may terminate your use of the Website at that time. Customer's continued use of the Website constitutes an affirmative: (1) acknowledgment by Customer of the WTS and its modifications; and (2) agreement by Customer to abide and be bound by the WTS and its modifications.

4.  MODIFICATIONS TO MULTI SERVICE AVIATION WEBSITE

MSA reserves the right to modify or discontinue the Website with or without notice to Customer.

MSA shall not be liable to Customer or any third party should MSA exercise its right to modify or discontinue the Website.

5.  CUSTOMER ACCOUNT, PASSWORD, AND SECURITY

When MSA authorizes Customer to use the Website, you shall receive a user identification and password. You and Customer are entirely responsible if you do not maintain the confidentiality of your user identification and the password. Furthermore, you are entirely responsible for any and all activities which occur under your account.

Customer agrees to immediately notify MSA of any unauthorized use of Customer's account or any other breach of security known to Customer.

6.  DISCLAIMER OF WARRANTIES

Customer expressly agrees that use of the Website is at Customer's sole risk. The Website is provided on an "As Is" and "As Available" basis. MSA 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.

MSA makes no warranty that the Website will meet your requirements, or that the Website will be uninterrupted, timely, secure, or error free; nor does MSA make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website or that defects in the software will be corrected.

Customer understands and agrees that any information obtained through the use of the Website is done at Customer's own discretion and risk and that Customer will be solely responsible for any damage to Customer's computer system or loss of data that results from access to the Website.

No advice or information, whether oral or written, obtained by Customer from MSA regarding the Website shall create any warranty not expressly made herein.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

7.  LIMITATION OF LIABILITY

MSA shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Website or resulting from unauthorized access to or alteration of Customer's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if MSA has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

8.  NO RESALE OR COMMERCIAL USE OF THE MULTI SERVICE AVIAITON WEBSITE

Customer's right to use the Website is exclusive to Customer. Customer may only be a corporation or other business entity. Customer agrees not to resell or make any commercial use of the Website, without the express consent of MSA.

9.  OTHER LIMITATIONS

MSA may, at its sole discretion, with or without notice, terminate or suspend Customer's access to the Website at any time for any reason, including for Customer's conduct failing to conform to these terms and conditions of the WTS.

Customer agrees: (1) not to use the Website for illegal purposes; (2) not to interfere or disrupt networks connected to the Website; (3) to comply with all regulations, policies and procedures of networks connected to the Website; (4) not to attempt to gain unauthorized access to other computer systems; (5) not to interfere with another Customer's use and enjoyment of the Website.

10.  INDEMNIFICATION

Customer is solely responsible for all consequences arising from use of the Website by Customer, or permitted use by Customer's parents, subsidiaries, affiliates, officers, employees or agents. Customer agrees to indemnify and hold MSA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any use of the Website in violation of this WTS or infringement of any intellectual property or other right of any person or entity by Customer or its parents, subsidiaries, affiliates, officers, employees, agents, or other user of the Website using Customer's computer.

11.  TERMINATION

Either Customer or MSA may terminate Customer's access to the Website with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. MSA shall not be liable to Customer or any third party for termination of the Website.

Should Customer object to any terms and conditions of the WTS or any subsequent modifications thereto or become dissatisfied with the Website in any way, Customer's only recourse is to immediately: (1) discontinue use of the Website; (2) terminate Website relationship; and (3) notify MSA of termination.

Upon termination of Customer's access to the Website, Customer's right to use the Website immediately ceases. Customer shall have no rights and MSA will have no obligations thereafter.

12.  NOTICE

All notices to MSA by Customer shall be in writing and shall be made either via express or conventional mail at the following address:

Multi Service Aviation
8600 W. 110th Street
Overland Park, KS 66210
United States

MSA may broadcast notices or messages through the Website to inform Customer of changes to the WTS, the Website, or other matters of importance; such broadcasts shall constitute notice to Customer. At the sole discretion of MSA, MSA may elect to provide any notice, message or information concerning the Website to Customer in writing via express or conventional mail.

13.  PROPRIETARY RIGHTS TO CONTENT

Customer acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in information presented to Customer by the Website ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Customer is only permitted to use this Content as expressly authorized by the WTS. Customer may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Website or MSA.

14.  LAWS

The WTS shall be governed by and construed in accordance with the laws of the state of North Dakota, excluding its conflict of law provisions.

Customer and MSA agree to submit to the exclusive jurisdiction of the courts of the state of North Dakota.

If any provision(s) of the WTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

MSA's failure to exercise or enforce any right or provision of the WTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MSA in writing.

Customer and MSA agree that any cause of action arising out of or related to this Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the WTS are solely used for the convenience of the parties and have no legal or contractual significance.