Terms of Service
Effective January 15, 2016
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By using this site, including sending or delivering your registration application(s) and other document(s) to nationaldroneregister.com, you convey your agreement with these Terms & Conditions and the Privacy Statement. Failure to comply with these Terms & Conditions may result in legal action and restriction of your ability to access this site. From time to time, nationaldroneregister.com may modify these Terms & Conditions. Please continue to review this agreement whenever accessing or using this site. If you do not agree with the terms stated in this agreement or are dissatisfied with the site please direct your complaints to Contact Us page.
A. About Us:
WE ARE NOT THE FAA AND WE ARE NOT AFFILIATED WITH THE FAA OR ANY GOVERNMENT AGENCY. WE ARE A PRIVATE SECTOR PRODUCT AND SERVICE PROVIDER ONLY. YOU CAN FIND THE OFFICIAL FAA DRONE REGISTRATION WEBPAGE HERE: https://www.faa.gov/uas/registration
BY ACCESSING OUR SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TERMS.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.
B. Terms of Service:
1. Service Conditions. You cannot use the Services unless: (a) you are at least 18 years of age (or such other age of legal majority applicable in your jurisdiction), or (b) you are at least 13 years of age, have obtained the consent of your parent or legal guardian to use the Services, and your parent or legal guardian agrees to be bound by these Terms and agrees to be responsible for your use of the Services on your behalf. By accessing the Services, you represent and warrant to us that you the right, authority and capacity to agree to, and abide by these Terms and you shall not use any rights granted hereunder for any unlawful purpose or for any purpose which violates these Terms, as determined by us.
2. License Grant. These Terms provide you with a personal, revocable, non-exclusive, non-assignable, non-transferable, limited and temporary license to access and use the Services, subject to these Terms and our Policies. You agree that we may terminate, restrict, or suspend this license granted to you with immediate effect and without notice, including removing your ability to access or use the Services, for any reason or no reason, as determined by us.
3. Mobile Devices. If you are accessing the Services via a computer, mobile device, or tablet which is owned or controlled by you (a “Device”) then, you understand and agree that use of the Services via your Device may result in data or other charges from your Internet communication service provider.
4. Accounts. We may allow you to create an Account using the Website in connection with the Services. It is your obligation to maintain and control passwords to your Account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.
5. Drone Registration Services.
(a) To assist you in registering your Drone with the FAA, we provide Services relating to the preparation and submission of online forms, hard copy forms, and related documents (collectively, “Registration Documents”) in exchange for a fee. We do not provide guidance regarding registering your Drone with the FAA beyond preparation and submission of the Registration Documents. We are not affiliated in any way with the FAA. You may complete the Registration Documents yourself, without the use of our Services. YOU AGREE THAT WE PREPARE YOUR REGISTRATION DOCUMENTS BASED ON THE INFORMATION THAT YOU SUBMIT TO US. You represent and warrant that all information that you provide to us regarding this and other aspects of our Services is true and correct. You further understand and agree that we do not conduct any independent investigation of the information you provide to us and that we rely solely on the information you provide to us in assisting you with registering your Drone with the FAA. Therefore, errors introduced into Registration Documents attributable to inaccurate, incomplete or incorrect information supplied by a User are solely the responsibility of the User. We do not guarantee that all Registration Documents will be error-free or will not be selected by national, state or other applicable government agencies for verification. If applicable, you authorize us to discuss all aspects of your Registration Documents with the FAA and other state, national, and private agency officials involved in the Drone registration process, as we determine is necessary and appropriate.
(c) You authorize us to create an account with any FAA website applicable to the Registration Documents and/or your Drone registration (“Drone Account”) using the information you provide to us and to access and update your Drone Account for any purpose we deem is necessary or desirable. On written request by you, we will provide you with the login credentials we created in connection with your Drone Account. Within a reasonable time after receiving a written request from you to cease accessing your Drone Account, we will cease accessing your Drone Account. You agree that you are responsible for all activities that occur in connection with your Drone Account, and we are not liable for any harm caused or related to the disclosure, theft or misappropriation of all or any portion of your personal or financial information, or if any third party uses your Drone Account. You agree that nationaldroneregister.com is a service provider that assists with drone registration and future registration services.
(d) Power of Attorney. In connection with Registration Documents and/or other Drone registration Services you purchase from us, you appoint us as your true and lawful attorney-in-fact to: (i) execute for and on your behalf (in your personal capacity or as an officer of an applicable entity) all Registration Documents relating to registering your Drone with the FAA; (ii) do and perform any and all acts for and on your behalf may be necessary or desirable to complete registration of your Drone, maintain the registration of your Drone, execute Registration Documents relating to your Drone, and/or file such Registration Documents with the FAA; and (iii) take any other action of any type whatsoever in connection with the foregoing which, in our opinion as your attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, you, it being understood that the documents executed by us as your attorney-in-fact on your behalf shall be in such form and shall contain such terms and conditions as we, as your attorney-in-fact, may approve in our discretion. You further hereby grant to us as your attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as you might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all we, as your attorney-in-fact, or our substitute or substitutes, shall do or cause to be done by virtue of this power of attorney and the rights and powers granted under this Section 5(d). You acknowledge that we, in serving as your attorney-in-fact at your request, are not assuming any of your responsibilities to comply with any applicable law, regulation, rule, or ordnance. This power of attorney granted under this Section 5(d) shall remain in full force and effect until you revoke this power of attorney in a signed writing delivered to us.
(e) You agree that nationaldroneregister.com is not the FAA or affiliated with the FAA or any other government agency. As such, nationaldroneregister.com will not be held liable for any statements, regulations, rules or laws created by the FAA.
(f) Your Compliance. You represent and warrant that you shall comply with all applicable laws, rules, statutes, ordinances, and regulations regarding use of your Drone, including but not limited to any and all FAA safety regulations and guidelines.
6. Payment and Refunds.
(a) Payment. In connection with any services or items you purchase using the Services, you agree to pay us the amounts displayed on the Website or in an applicable purchase order, together with any shipping charges that may apply to a given transaction, each as determined by us. The policies and prices that are disclosed to you when you purchase items are a part of these Terms. Further, you authorize us to charge your chosen payment method (credit card, debit card, et cetera) in connection with all fees, costs, and other amounts incurred by you in the Services, as determined by us. In connection with any fees, costs, and other amounts paid by you, you agree: (i) to only provide valid and current payment information; (ii) that we may use the tools, software or services of the payment processor selected by us (currently Stripe, Inc., our “Payment Processor”) to process fees, costs, and other amounts as well as transactions on our behalf; (iii) to promptly pay all amounts which are due and payable to us upon demand; and (iv) to abide by the terms and policies of our Payment Processor. We are not responsible or liable for any activities or conduct of our Payment Processor, and you agree to hold us harmless, indemnify, defend, and expressly release us, from any and all liability relating to the conduct of our Payment Processor. All amounts shall be paid in US Dollars.
(b) Refunds. If you are not satisfied with any products or services you purchase, you may request a refund within 24 hours of your order by contacting us firstname.lastname@example.org.
7. Updates to the Services. You agree that we may (and reserve the right to) modify, update, alter and/or discontinue the Services, Content, and/or Website, in whole or in part, with or without notice at any time, as determined by us in our sole discretion.
8. Modification of Terms. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by displaying the updated Terms of Service on our Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes reflected in the updated Terms of Service.
9. Content Generally.
(a) By Us. All Content on our Services or obtained from a Linked Site are provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’. Nationaldroneregister.com provides Content for informational purposes only. Any statements made by us are opinions only. We are not attorneys, paralegals, regulatory compliance professionals, or any other sort of licensed professional. OUR SERVICES ARE NOT TO BE CONSTRUED AS LEGAL, REGULATORY, COMPLIANCE OR OTHER PROFESSIONAL ADVICE. As such, we expressly disclaim all liability related to the accuracy or reliability of any opinion, guidance, or Content Transmitted by us or available through our Services or reliance on any of the aforementioned. WE ENCOURAGE YOU TO SEEK THE ADVICE OF THE APPROPRIATE LICENSED PROFESSIONAL IN YOUR JURISDICTION AND YOU ASSUME THE RISKS ASSOCIATED WITH ANY FAILURE TO DO SO. We strive to provide top-quality Services to you. However, the Content published through the Services may also include inaccuracies or typographical errors. We do not warrant or represent that the Content available through our Services is complete or up-to-date.
(b) Linked Sites.
(ii) Third Party Products and Services. When you use the Services to purchase products or services from a Linked Site, you are purchasing that product or service directly from the third party Linked Site. Your order is placed with, filled by, and shipped by that third party Linked Site. We have no involvement in any shipment, fulfillment, returns, or refunds associated with any products or services that you purchase from a Linked Site or third party. You understand that you must contact the third party Linked Site directly for inquiries related to your purchase, including but not limited to: returns, shipping, customer service, refunds, or general information. By using the Services, you expressly represent and warrant that you will abide by and will not violate any policies, rules, terms, or conditions of that third party Linked Site.
(iii) Ads. Our Services may display third party advertisements, promotional material, and gateways to Linked Sites. We may be compensated for clicks or purchases in connection with these third party advertisements, promotional material, and gateways to Linked Sites.
(c) Transmitted by You.
(i) You agree that you are solely responsible for and retain all rights in the Content that you Transmit using our Services and otherwise Transmit to us or other Users (collectively. “User Content”). You agree that you will not: Transmit Content that infringes on the intellectual property rights of others; Transmit any Content which violates any provision of these Terms; or Transmit any objectionable Content as determined by us in our sole discretion. YOU AGREE THAT WE SHALL NOT BE HELD LIABLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY OF YOUR USER CONTENT.
(ii) You will retain ownership of any copyrights relating to your User Content. However, you also agree that by Transmitting User Content to us and/or Transmitting User Content anywhere within, on, or using the Services, you hereby grant to us and represent and warrant to us that you have all rights necessary to grant to us a worldwide, irrevocable, perpetual, non-exclusive, cost-free, royalty-free license to use, copy, sell, rent, license, sublicense, display, publically perform, create derivative works of, distribute, store, archive, transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, and/or otherwise exploit your User Content, each as determined exclusively by us, in all forms of media and forms of exploitation, now known or hereafter created including but not limited to, social media platforms such as twitter.com, facebook.com, instagram.com, and the like (collectively, “Social Media Profiles”), websites, film, television, radio, and/or print, each as determined exclusively by us. In order to further effect the rights and license that you grant to us regarding your User Content, you also hereby grant to us the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any User Content, without any obligation or compensation to you. To the extent any ‘moral rights’, ‘ancillary rights’, or similar rights in or to the User Content exists and are not licensed to us hereby, you agree not to enforce any such rights and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the license granted to us by you hereunder or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to User Content, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to your User Content. You further acknowledge and agree that no compensation will be paid with respect to the use of your User Content or any of the rights granted to us in these Terms. You agree that the license granted by you in this Section 9(c)(ii) shall be binding upon you, your heirs, legal representatives, assigns, transferees and successors in interest and shall survive any termination of these Terms, of your Account, and/or your license to use and access the Services. You agree that any User Content you Transmit is not being disclosed in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. For clarity, and without altering the forgoing, generally, while you retain the copyrights in your User Content, we can do anything we desire with your User Content just as if we owned the User Content and any copyrights therein.
(iii) You represent and warrant that you own or otherwise possess all necessary rights with respect to your User Content, that you are able to and authorized to grant us the license in your User Content listed in Section 9(c)(ii) above, that your User Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that your User Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, as determined by us.
(iv) You agree that we may but are not obligated to: filter any User Content including but not limited to, deleting or replacing expletives or other harmful or offensive language; refuse to display any User Content; remove User Content from our Services for any reason or no reason, as determined by us; and/or disclose any User Content and the circumstances surrounding the use thereof, to any third party for any reason or no reason, as determined by us. We are not responsible for, and will have no liability for, the removal or non-removal of any Content from our Services.
(v) You agree and understand that you may be held legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback or other User Content Transmitted on our Services that is deemed defamatory or otherwise legally actionable. Under the National Communications Decency Act of 1996, we are not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other Content made available on our Services. Further, you agree to indemnify, hold harmless, and defend us from any liability and/or damages relating to any User Content Transmitted by you or by a third person using your Account.
(d) Transmitted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any items or service obtained from a Linked Site. There are risks involved with relying on information on our Services, and you expressly assume those risks when using our Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content, items, other information, or services obtained through our Services or a Linked Site.
10. Intellectual Property.
(a) Trademarks. NATIONALDRONEREGISTER.COM and all graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, advertisers, licensors, licensees, successors, assigns, agents, partners, or other affiliate (collectively “Affiliates”) in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission in a separate instrument, which may be withheld by us in our absolute discretion. All other trademarks that appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our Affiliates.
(b) Copyright. Except in the case of Content under license to us, we claim a copyright, and all copyright protection afforded, under international, United States and the laws of the District of Columbia, USA to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on our Services. The compilation of all Content on our Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the Virginia, USA to all material described in Section 10(a) above. Your access to all information and Content located on our Services is strictly permitted through the license(s) granted to you under these Terms. Except for the license(s) granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.
(c) Infringement Claims. We respect the intellectual property of others and ask that Users do the same. In connection with the Services, we have adopted and implemented a policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination of a User’s ability to use our Services, in appropriate circumstances, if we determine that User is infringing on the intellectual property rights of others. If you believe that a User is, through the use of the Services, unlawfully infringing by submitting unauthorized Content, and wish to have the allegedly infringing or unauthorized material removed [contact us at email@example.com]
11. Use Restrictions. You may not use or plan, encourage or help others to use our Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using our Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of Nationaldroneregister.com, a User, or a third party (b) copy, distribute, or modify any part of our Services without our prior written authorization; (c) Transmit inappropriate, inaccurate, false, or misleading Content to our Services; (d) Transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) Transmit Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to our Services, including but not limited to by: attempting to probe, scan or test the vulnerability of our Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with our Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Services; (k) collect Content, personally identifying information, and/or other information from our Services, or otherwise access our Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (l) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (m) rent or lease any rights in the Services in any form to any third party or make the Services available or accessible to third parties; (n) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (o) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on our Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us; (q) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (r) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
12. Termination, Restriction and Suspension.
(a) Termination by You. You may cancel your Account at any time for any reason or no reason by contacting us via email at firstname.lastname@example.org. Termination of your Account will be effective within a reasonable time after we receive notification of your desire to cancel, as determined by us.
(b) By Us. We retain the right to terminate, restrict, or suspend these Terms, your Account, and/or any license to access or use any portion of the Services granted by these Terms at any time, without prior notice, if we determine in our in our sole discretion that any action or inaction by you relating to the Services violates these Terms or is otherwise objectionable.
(c) Effects of Termination. Upon expiration or termination of your Account, the licenses granted to you hereunder will automatically terminate and you will no longer have the right to access or use the Services.
(a) OUR SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR SERVICES. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, CONTENT, AND/OR THE SERVICES NATIONALDRONEREGISTER.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NATIONALDRONEREGISTER.COM MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. NATIONALDRONEREGISTER.COM MAKES NO WARRANTY REGARDING THE QUALITY OF OUR SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES AND/OR ANY LINKED SITE.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NATIONALDRONEREGISTER.COM OR THROUGH THE WEBSITE SERVICES, REPRESENTATIVES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(c) YOU AGREE THAT IN NO CASE SHALL NATIONAL DRONE REGISTER, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(d) YOU UNDERSTAND THAT WE ARE NOT THE FAA AND WE ARE NOT THE U.S. DEPARTMENT OF TRANSPORTATION (THE “DOT”). AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY RELATING TO ANY ACTIONS, LAWSUITS, OR OTHER PROCEEDINGS BROUGHT AGAINST THE FAA AND/OR THE DOT BY YOU OR ANY THIRD PARTY RELATING TO DRONE REGISTRATION REGULATIONS.
14. Release and Waiver of Claims. To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against US and our AFFILIATES, including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to: (a) THE SERVICES, (B) CONTENT, (C) YOUR DRONE, (D) REGISTRATION DOCUMENTS, (E) A DRONE ACCOUNT, (F) any inaccuracy, untimeliness or incompleteness of a USER’S representations OR WARRANTIES, and/or (G) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL information and/OR CONTENT obtained or accessed by or through the Services. FURTHER, if YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by THESE TERMS may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or national statute or common law principle of similar effect, to the fullest extent permitted by law.
15. Assumption of the Risk. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING OR ACCESSING THE SERVICES, WEBSITE, AND/OR CONTENT.
16. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (a) REGISTRATION DOCUMENTS, (B) CONTENT, (C) YOUR DRONE, (D) A DRONE ACCOUNT, (E) ANY OTHER ASPECT OF THE SERVICES, CONTENT, AND/OR WEBSITE, AND/OR (F) YOUR USE OR INABILITY TO USE OUR SERVICES, CONTENT, AND/OR WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the greater of (a) one hundred twenty-five dollars ($125) or (b) the fees paid by you to us in connection with the Services out of which the Claims arose. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
17. Dispute Resolution.
(a) In the event that any dispute arises with respect to the Services, these Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in the District of Columbia, USA, in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association, and at our option, such arbitration shall be before a single neutral arbitrator selected in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association. In the event we elect not to require that a dispute arising with respect to our Services, Terms, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the State courts located in the state and national courts located in the District of Columbia, USA, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state and national courts located in the District of Columbia, USA, as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
(c) You agree that irreparable harm to us would occur in the event that any of the provisions of these Terms were not performed fully by you or were otherwise breached by you, and that money damages are an inadequate remedy for breach of the Terms because of the difficulty of ascertaining and quantifying the amount of damage that will be suffered by us in the event that these Terms are not performed in accordance with its provisions or is otherwise breached. It is accordingly hereby acknowledged that, notwithstanding any provision of this Section 17, we shall be entitled to petition the courts listed in Section 17(a) for an injunction or injunctions to restrain, enjoin and prevent a failure to perform these Terms by you, without posting bond or other security, and to enforce specifically such provisions of these Terms.
(d) Dispute Resolution Severability. If a court decides that any term or provision relating to our ability to submit any above-mentioned dispute to arbitration according to this Section 17, the parties agree to litigate any such dispute according to Section 17(a) above and to replace any other such terms or provisions of this Section 17 with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Section 17 shall be enforceable as so modified. In any event, the remainder of these Terms will continue to apply.
18. Indemnification. You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services, including but not limited to your use, misuse, or inability to use any Content; us registering your Drone with the FAA on your behalf; your Drone Account; your Registration Documents; any infringement of a third party’s rights (including but not limited to intellectual property rights); your Device; your breach of a representation or warranty; your User Content; alterations of, loss of, or unauthorized access to any Content Transmitted or received or not Transmitted or received by you or us; unauthorized access to your Drone Account; any defamatory, offensive, fraudulent, or illegal use of our Services by you; and any violation by you of these Terms or any of our other Policies by you, each as determined by us.
19. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 6(a), 7, 9, 10, and 12 through 30 of these Terms, as well as any provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your Account, and/or any license to access or use any portion of the Services granted by these Terms shall survive any such termination.
20. Notification. By using the Services, you agree that we may provide you with any notices or other communications about the Services or your Account electronically: (a) via email (in each case to the address that you provide), SMS message, push notifications via your device, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is received by you. We will use best efforts to honor a User’s request to opt out of promotional messages, but under no circumstances will we be liable for Transmitting any Content to Users.
21. Severability; No Waiver. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
22. Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us, as determined by us.
23. Our Relationship with You and Others. Our relationship is that of an independent contractor only. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and Nationaldroneregister.com to be treated as employer-employee, partners, joint venturers, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other. From time to time, we may engage third parties to assist us in providing certain aspects of the Services. You agree that we may engage such third parties in providing Services to you, as determined by us.
24. Entire Agreement. These Terms together with our Policies and any other document referenced herein constitutes the entire understanding between us and you with respect to the subject matter hereof.
25. Headings; Interpretation. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular form, plural form, and other conjugations of that word.
27. Force Majeure. We shall not be liable for delays or nonperformance of the Services or any other obligation under these Terms which was occasioned in whole or in part by acts of God, public enemies, civil disobedience, governmental regulations or decrees, labor disputes, unavailability of materials, equipment failure, strikes, fires, accidents, or any other causes, whether or not of the kind enumerated in this provision, that are beyond our reasonable control. If performance by us is delayed due to any of the foregoing causes in whole or in part, such delay shall not be deemed a breach under these Terms.
28. Compliance. You represent and warrant that you shall comply with all applicable laws, rules, statutes, ordinances, and regulations regarding use of the Services. Your use of our Services may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service provided by us to any third party without obtaining the required authorizations from the appropriate government authorities. You also represent and warrant that you are not prohibited from receiving US origin products, including services or software.
30. Feedback. We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may send a written notice via email at email@example.com.