TERMS AND CONDITIONS OF PURCHASE
Date of Last Revision: 26 August 2014
These Purchase Terms are subject to change without prior written notice at any time, in Jeppesen's sole discretion. BY PLACING AN ORDER THROUGH THE SITES, YOU AGREE TO BE BOUND BY AND ACCEPT THE PURCHASE TERMS IN EFFECT AT THE TIME OF SUCH ORDER. If you place an order on behalf of any entity, you represent and warrant that you are authorized to accept these Purchase Terms on that entity's behalf. Any different or additional terms and conditions proposed by you during the purchase process (e.g., in your purchase order) or otherwise, are hereby rejected. All sales are expressly conditioned upon your agreement to these Purchase Terms. Except for any License Agreement, these Purchase Terms represent the entire agreement of the parties and all proposals, negotiations, representations or agreements made or entered into prior to or contemporaneously with these Purchase Terms, whether verbal or written, are excluded.
Your use or purchase of certain Services requires the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
EXCEPT AS EXPRESSLY STATED TO THE CONTRARY IN A LICENSE AGREEMENT, THE LICENSES, PRODUCTS AND/OR SERVICES OFFERED THROUGH THIS SITE ARE NOT FOR USE OR PURCHASE BY AIRLINES, AIR CARGO CARRIERS, OR GOVERNMENT OR MILITARY ENTITIES AND ANY SUCH USE IS STRICTLY PROHIBITED. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE NOT AN AIRLINE, AIR CARGO CARRIER OR GOVERNMENT OR MILITARY ENTITY. JEPPESEN RESERVES THE RIGHT TO IMMEDIATELY RESCIND OR TERMINATE ANY CONTRACT FORMED UNDER THESE PURCHASE TERMS IF JEPPESEN DISCOVERS THAT YOU ARE AN AIRLINE, AIR CARGO CARRIER OR GOVERNMENT OR MILITARY ENTITY. Notwithstanding the preceding, these Purchase Terms will apply to Services and/or Software/Data that may be offered through the Sites by Jeppesen specifically for use or purchase by airlines, air cargo carriers or government or military entities.
Prices are subject to change without notice. Special prices may be limited to purchases from the Sites and quantities in stock. Prices are exclusive of sales, use, excise, value added or similar taxes and are subject to any price adjustment necessitated by Jeppesen's compliance with any act of government. Any tax or other governmental charge upon the production, sale, shipment or use of the product or service which Jeppesen is required to pay or collect from you will be paid by you to Jeppesen unless you furnish Jeppesen with a tax exemption certificate or other documentation acceptable to the appropriate taxing authority. Changes in tariffs or shipping charges used in determining delivered prices that occur after the order and on or prior to the date the products are delivered to the carrier will be your responsibility. In such event, Jeppesen will contact you and you will have an opportunity to confirm the order.
1.1. Value Added Taxes (VAT) (Applicable to customers outside of the US)
Customers within the European Union
For shipments to a place located within the European Union ("EU"), the following applies: Jeppesen will charge value added or similar taxes ("VAT") of Germany or the destination country on all products and services delivered within the EU. The applicable VAT rate(s) will be displayed separately upon entering the checkout page before your final order confirmation. To view the applicable tax rate please view the checkout page.
Customers outside of the European Union
If your shipping address is outside of the EU Jeppesen will not charge VAT. You may be subject to local taxes, import, customs and/or similar duties for which you carry sole responsibility. Customs policies are different in every country; therefore you should contact your national customs office for more information. Please be aware that you are the responsible importer when the destination of the shipment is outside the EU and it is your responsibility to comply with all applicable laws and regulations of the country in which you are receiving the goods and/or services.
Jeppesen reserves the right to accept payment in the form(s) it deems acceptable in its sole discretion.
2.1. PAYMENT FOR SUBSCRIPTIONS
You understand and agree that you will pay for subscriptions for services on an annual or monthly basis as applicable:
- Annual Payment. You will be asked to pay for your subscription prior to activation. The subscription is active for one (1) year from the date of purchase. Jeppesen will send you a renewal invoice sixty (60) days prior to the expiration date of the subscription. In order to continue the subscription, you must submit payment no later than the end of the annual term.
- Monthly Automatic Recurring Payment. Automatic recurring payment will be made electronically once every month. The date the charge is processed is determined by the Jeppesen internal billing cycle. You understand that this authorization is not a one-time charge authorization, but is instead a recurring authorization to charge approved purchases until this authorization is withdrawn. You also understand that if there are any applicable bank charges for this automatic payment due to the relationship with your bank, you will be responsible for the payment of such charges and that any service fees or bank changes will not be deducted from payments to Jeppesen. To confirm which credit card you have authorized, follow the steps shown on the "Changing Automatic Recurring Payment Option" section (below).
2.2. TERMINATION/CANCELLATION OF SUBSCRIPTIONS
You may choose to terminate or cancel subscriptions by contacting Jeppesen's Returns Department, subject to Jeppesen's Returns and Cancellations Policy. Early termination fees may apply.
2.3. AUTOMATIC RECURRING PAYMENT FAILURE
If your automatic recurring payment is declined for any reason, you will be notified by e-mail and be given the opportunity to rectify the situation within a specified time frame. If you are unable to rectify the problem within the requisite time frame, your Monthly Automatic Recurring Payment option and your service will be terminated. In the event of a decline due to inaccurate or incomplete information provided by you, you give Jeppesen the authority to make corrections to any information and resubmit the charge against your credit card. Jeppesen may further restrict your ability to use a certain payment method if that payment method fails multiple times.
2.4. RECEIPT OF NOTIFICATIONS, DISCLOSURES AND OTHER INFORMATION
By agreeing to monthly recurring charges, you consent to receive all notifications, disclosures and other information that Jeppesen is required by law to provide or make available to its customers in writing via electronic mail. It is your responsibility to provide a valid email address and to update your email address and billing information thereafter. Jeppesen is not responsible for failed notifications or disclosures due to an invalid or undeliverable email address or incorrect billing information.
You will receive electronic monthly notifications stating the transaction amount and date the charge was initiated against your credit card. All such notifications are sent electronically and no paper statements will be issued. To cancel your authorization to receive electronic monthly notifications, please provide a written request to firstname.lastname@example.org, and include the customer number, customer name, billing address, telephone and e-mail address.
Please note that an e-mail notification will be sent if a change in your mailing address occurs (initiated by you) that affects the tax associated with the recurring payment charge and, therefore, the amount Jeppesen charges to you. To update the e-mail address on your account, please provide a written request indicating the address change to email@example.com, and include the customer number, customer name, billing address, telephone, old e-mail address and new e-mail address. An e-mail will be sent to the old and new e-mail address confirming the update. If you receive an e-mail notification that indicates an adjustment in the recurring payment charge because of taxes, then it will specify the new recurring payment.
2.5. CHANGING AUTOMATIC RECURRING PAYMENT OPTION
In order to ensure that the credit card associated with your account is properly charged each month and for your service to remain active, you must update Jeppesen with any changes to the credit card. To update your credit card for the monthly recurring payment, please contact Jeppesen at firstname.lastname@example.org. Similarly, if you would like to change the Automatic Recurring Payment option including, for example, making a change from one credit card that was initially selected to another credit card, please contact a Jeppesen Customer Service Representative at email@example.com.
3. TERMS OF SHIPMENT; ACCEPTANCE
Prices shown do not include shipping charges. The applicable shipping charges will be displayed separately upon entering the checkout page before your final order confirmation. Shipping charges may vary depending on the selected goods and/or services, the selected destination country and the selected shipment method. For a quotation of your individual shipping charges please view the checkout page.
Your order will be deemed accepted by Jeppesen at the time (a) the products are delivered to the carrier or (b) or the Services are made available to you by Jeppesen. Jeppesen endeavors to deliver all orders for in-stock items to the carrier for shipment within 2-3 business days, but it will not be responsible for any delay or any damage arising therefrom. All orders are shipped FCA Shipping Point (Incoterms 2010). Title to and risk of loss for the products passes to you upon delivery to the carrier at the shipping point. All shipping charges are your responsibility. Jeppesen will endeavor to ship in accordance with shipment method you select when placing the order. However, you grant Jeppesen the right to substitute another carrier of equal or lesser cost to deliver the order. Shipping charges are subject to change, provided that if the actual shipping charge is more than the amount shown on the invoice, Jeppesen will contact you with the correct shipping costs before processing the order, and you will have an opportunity to confirm the order.
3.1 Electronic Products and Services
Once you download an item from the Sites, it is your responsibility not to lose, destroy, or damage it; and to back up your electronic files. Some electronic content may be large, and significant data charges may result from delivery of such content over a data connection. All data charges from your Internet provider or data carrier are your responsibility. Certain electronic products and services require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that meeting these requirements, which may change from time to time, is your responsibility.
4. RETURN POLICY
Products purchased through the Sites may only be returned in accordance with Jeppesen's Returns and Cancellations Policy, and all returned materials must have a Returned Materials Authorization (RMA) number issued by Jeppesen. If you are a Consumer within the territory of the European Union, please also see the Withdrawal Policy. Except as expressly stated in the Returns and Cancellations Policy or the Withdrawal Policy, all sales are final.
5. REGISTRATION; YOUR ACCOUNT
When you purchase from Jeppesen, an account will be created for you as part of the checkout process. You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data") and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Jeppesen, to keep it accurate, current and complete. You are entirely responsible for any and all activities that occur under your account. You agree to notify Jeppesen immediately of any unauthorized use of your account or any other breach of security. Jeppesen will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or someone's otherwise unauthorized use of your account and/or account information. You may not use anyone else's account at any time.
Certain information may be requested from you through the Sites specifically in connection with Jeppesen's provision of certain Services to you (for example: fleet composition, operations schedules, and operational parameters). By submitting such information, you grant Jeppesen the right to use such information in support of its provision of the Services. You agree to provide accurate, current and complete information and Jeppesen disclaims all responsibility for claims arising from the information supplied by you. Such information remains the property of its owner.
In the event that any term or provision of these Purchase Terms is held to be invalid or unenforceable, the remaining provisions will not be affected thereby and each remaining term and provision of these Purchase Terms will continue in full force and effect to the fullest extent permitted by law.
7. PRODUCT AVAILABILITY
Jeppesen may revise or discontinue products at any time without prior notice, and products may become unavailable even after an order is placed. IF A PRODUCT BECOMES UNAVAILABLE FOLLOWING A TRANSACTION BUT PRIOR TO DELIVERY OR DOWNLOAD, YOUR SOLE REMEDY IS A REFUND.
8. FORCE MAJEURE
Jeppesen will not be liable for any failure to perform its obligations under these Purchase Terms resulting directly or indirectly from or contributed to by any acts of God, acts of civil or military authority, priorities, fire, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, terrorism, lack of or inability to obtain raw materials, components, labor, fuel or supplies, or other circumstances beyond Jeppesen's reasonable control.
9. ACKNOWLEDGMENTS SPECIFIC TO CERTAIN SERVICES AVAILABLE ON THE SITES
9.1. Chart Services
Jeppesen's chart services (the "Chart Services") have been developed to provide current information in the condensed form required for modern air navigation under instrument and visual flight conditions. Information contained in the copyrighted Chart Services is also independently available from publications of the appropriate governing authority and other third parties.
The Chart Services are designed for use by experienced, instrument-rated pilots who must be thoroughly familiar and competent with the instrument navigation of aircraft,. The user of the Chart Services should also be thoroughly familiar with the Introduction and Legend materials included within the Chart Services. To obtain a copy of the Introduction and Legend materials, please contact Jeppesen at firstname.lastname@example.org.
Instrument procedures are designed, flight-tested, approved, authorized and prescribed by applicable governing authorities. In the United States, these flight procedures are incorporated into FAR Part 97 as regulations. Jeppesen does not design or flight-check any of these procedures, and Jeppesen has no authority to alter, modify, add to, or subtract from any flight procedure prescribed by a governing authority. Further, Jeppesen does not review or approve the adequacy, reliability, accuracy, safety or conformance with government standards of any government flight procedure, and it specifically has undertaken no such duty. Jeppesen's flight procedure charts simply depict in a graphic form convenient for the use of knowledgeable, instrument-rated pilots, the flight procedures exactly as designed, flight-tested and prescribed by government authorities.
The Chart Services contain a wide variety of information useful to pilots that Jeppesen has obtained from many outside sources, including customers. Jeppesen has edited this source material, and has arranged and published it in a convenient, easy-to-use format.
WARNING: THE ELECTRONIC FILES AND PAPER CHARTS ARE VALID AS OF THE DATE THEY ARE PRINTED OR DOWNLOADED FROM JEPPESEN'S SECURE WEBSITE BY YOU OR YOUR AUTHORIZED USERS. IT IS THEREAFTER THE RESPONSIBILITY OF YOU OR YOUR AUTHORIZED USERS TO ENSURE THAT YOU OR YOUR AUTHORIZED USERS HAVE THE MOST CURRENT ELECTRONIC FILES AND PAPER CHARTS PRIOR TO YOUR AND YOUR AUTHORIZED USERS' USE OF SUCH INFORMATION. YOU AND YOUR AUTHORIZED USERS CAN MAKE SUCH VERIFICATION BY CHECKING FOR ANY UPDATES TO THE INFORMATION ON JEPPESEN'S SECURE WEBSITE AND/OR WWW.JEPPESEN.COM.
WARNING: EACH AIRPORT QUALIFICATION AND FAMILIARIZATION CHART CONTAINS A LEGEND DEPICTING A SCALE WITH A DEFINED MEASUREMENT (E.G., 1 INCH = 5 MILES). IF YOU AND/OR YOUR AUTHORIZED USERS RESIZE OR ZOOM THE AIRPORT QUALIFICATION AND FAMILIARIZATION CHART, THE DEFINED MEASUREMENT MAY BE RENDERED INACCURATE. ACCORDINGLY, YOU AND YOUR AUTHORIZED USERS SHOULD NOT RELY ON THE DEFINED MEASUREMENT IF YOU AND/OR YOUR AUTHORIZED USERS RESIZE OR ZOOM THE AIRPORT QUALIFICATION AND FAMILIARIZATION CHART.
WARNING: CHART RELATED ALERTS AND NOTICES ("ALERTS") ARE PUBLISHED ON JEPPESEN'S NOTICES AND ALERTS WEBPAGE WHICH IS ACCESSED VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND YOU AGREE TO REGULARLY MONITOR JEPPESEN'S NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR YOUR TYPE OF OPERATION.
9.2. Jeppesen NavData® Aviation Navigation Information ("NavData")
Jeppesen's NavData has been developed to meet the need for current aviation information in a computer compatible form required for (i) air navigation equipment used under instrument and visual flight conditions and (ii) computerized flight planning applications. Information contained in NavData is independently available from publications of the appropriate governing authority.
NavData is designed for use by experienced and knowledgeable (i) pilots who must be thoroughly familiar with and competent in, among other things, the navigation of aircraft and the air navigation equipment being used, and (ii) flight dispatchers, flight planners and others who must be thoroughly familiar with and competent in, among other things, the planning of flights and the computerized flight planning programs being used. NavData does NOT contain all information necessary to independently conduct instrument or visual flight procedures or plan all aspects of a flight. NavData must be used in conjunction with the appropriate aeronautical charts and other information available to pilots, flight dispatchers, flight planners and others through a variety of sources. Pilots must conduct flight procedures in accordance with the information depicted on aeronautical charts.
NavData is compiled in accordance with the industry recommended standard for aeronautical data, Aeronautical Radio, Inc. Specification 424, Navigation System Data Base ("ARINC 424"), and a similar Jeppesen supplemental specification. Determination of the NavData elements used in Licensee's avionics system is a joint effort between Jeppesen and the avionics manufacturer. Jeppesen NavData is transformed by the avionics manufacturer into formats and configurations necessary for use in the avionics system using computer programs designed, developed and controlled by the avionics manufacturer.
Some information displayed by the avionics system may be solely generated by the avionics system, and may not be information derived from NavData. NavData may not contain all of the navigation data existing worldwide, and you should make no assumption otherwise. The avionics system and the avionics manufacturer's packing software ("PSP") may not utilize all NavData available from Jeppesen, and the NavData provided hereunder may be only a subset of the data available from Jeppesen or the avionics manufacturer.
You acknowledge and agree that:
- You are the "end-user" of NavData, and that Requirements and Technical Concepts for Aviation, Inc. (RTCA) document DO-200A and European Organization for Civil Aviation Equipment (EUROCAE) document ED-76, "Standards for Processing Aeronautical Data," Section 1.4, Application of Standard, state that, "The ultimate responsibility of ensuring that data [i.e. NavData] meets the quality for its intended application rests with the end-user of that data."
- Jeppesen has no responsibility for (i) the functionality of the avionics manufacturer's packing software program ("PSP") or flight navigation system; (ii) the accurate translation, reproduction, reformatting and system utilization of NavData performed by the avionics manufacturer including, but not limited to, processing by the avionics manufacturer's PSP and flight navigation system; (iii) for any third party data provided by the avionics manufacturer and included in NavData.
- You will be thoroughly and appropriately trained on the use of the avionics manufacturer's flight navigation system and the contents of the database including, among other things, its limitations and differences from NavData, and will confirm that the database information you select in the system is the database information you intend to select.
JEPPESEN SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR:
- THE FUNCTIONALITY OF THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS UTILIZED TO REFORMAT AND INTEGRATE NAVDATA INTO THE AVIONICS SYSTEM; AND
- THE ACCURATE TRANSLATION, REPRODUCTION, AND REFORMATTING OF NAVDATA BY THE AVIONICS SYSTEM, THE PSP AND ALL OTHER TOOLS.
- THE MANNER IN WHICH THE AVIONICS SYSTEM UTILIZES AND DISPLAYS NAVDATA.
WARNING: NAVDATA RELATED ALERTS AND NOTICES ("ALERTS") ARE PUBLISHED ON JEPPESEN'S NOTICES AND ALERTS WEBPAGE WHICH IS ACCESSED VIA WWW.JEPPESEN.COM. CHANGES MAY OCCUR AT ANY TIME AND YOU AGREE TO REGULARLY MONITOR THE NOTICES AND ALERTS WEBPAGE AS APPROPRIATE FOR YOUR TYPE OF OPERATION.
9.3. Jeppesen Obstacle, Cultural, Airport Moving Map, Terrain and Other Data
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT (i) JEPPESEN'S OBSTACLE DATA, CULTURAL DATA AIRPORT MOVING MAP DATA, TERRAIN DATA, AMONG OTHER DATA TYPES (COLLECTIVELY "OTHER JEPPESEN DATA") IS NOT FOR NAVIGATION BUT IS FOR SITUATIONAL AND/OR POSITIONAL AWARENESS ONLY; AND. (ii) SUCH OTHER JEPPESEN DATA MAY NOT BE UPDATED ON A REGULAR BASIS; AND (iii) YOU ASSUME TOTAL RESPONSIBILITY TO ENSURE YOU ARE USING THE MOST CURRENT DATA AVAILABLE AT ANY GIVEN TIME.
9.4. Flight Planning Services
YOU UNDERSTAND AND AGREE THAT ANY SERVICE PROVIDED HEREIN IS INTENDED TO BE PURELY ADVISORY IN NATURE; THAT IT INCORPORATES INFORMATION FURNISHED BY YOU AND THIRD PARTIES OVER WHICH JEPPESEN HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY JEPPESEN, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR YOUR OWN BEST JUDGEMENT IN ANY GIVEN SITUATION.
9.5. Training Products and Services
YOU UNDERSTAND AND AGREE THAT JEPPESEN'S TRAINING PRODUCTS AND SERVICES INCLUDING BUT NOT LIMITED TO SOFTWARE, VIDEO, AUDIO, AND DVD PRODUCTS, ONLINE TRAINING, TEXTBOOKS AND ELECTRONIC BOOKS (COLLECTIVELY "TRAINING PRODUCTS AND SERVICES") ARE SUPPLEMENTARY ONLY, AND IN NO WAY REPLACE YOUR OWN OBLIGATION TO BECOME FULLY TRAINED; OR TO TRAIN YOUR PILOTS AND OTHER FLIGHT OPERATIONS PERSONNEL.
JEPPESEN MAKES NO GUARANTEE REGARDING (I) PLACEMENT FOLLOWING TRAINING, (II) TRAINING CREDIT TRANSFER, OR (III) ANY CERTIFICATION OR LICENSE ISSUANCE.
10. WARRANTIES AND DISCLAIMER OF WARRANTIES
10.1. FOR JEPPESEN PRODUCTS AND SERVICES
10.1.1. LIMITED WARRANTY FOR THE CHART SERVICES. JEPPESEN EXPRESSLY WARRANTS FOR YOUR SOLE BENEFIT THAT IT HAS ACCURATELY GRAPHICALLY DEPICTED THE FLIGHT PROCEDURES PRESCRIBED BY APPLICABLE GOVERNMENT AUTHORITIES, AND THAT IT HAS ACCURATELY COMMUNICATED THE INFORMATION OBTAINED FROM OTHER SOURCES ON ITS CHARTS AS SUPPLEMENTED AND/OR REPLACED BY ALERTS AS DESCRIBED ABOVE. THIS EXPRESS WARRANTY IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, MADE BY JEPPESEN REGARDING THE CHARTS. JEPPESEN WILL, AT ITS OPTION, REPAIR OR REPLACE THE CHART, OR REFUND THE MONEY PAID FOR THE CHART, WHICH FAILS TO MEET THIS WARRANTY. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
10.1.2. LIMITED WARRANTY FOR NAVDATA. JEPPESEN EXPRESSLY WARRANTS FOR YOUR SOLE BENEFIT THAT IT HAS ACCURATELY COMPILED, REPRODUCED AND PROCESSED THE DATA OBTAINED FROM GOVERNMENT OR OTHER SOURCES INTO JEPPESEN NAVDATA AS SUPPLEMENTED AND/OR REPLACED BY ALERTS AS DESCRIBED ABOVE. THIS EXPRESS WARRANTY, WHICH IS EFFECTIVE ONLY FOR THE APPLICABLE 28-DAY PERIOD FOR WHICH THE NAVDATA IS PRODUCED AND IS EFFECTIVE, IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, MADE BY JEPPESEN REGARDING ITS NAVDATA. JEPPESEN WILL, AT ITS OPTION, REPAIR OR REPLACE THE NAVDATA RECORD, OR REFUND THE FEES PAID FOR THE NAVDATA RECORD, WHICH FAILS TO MEET THIS WARRANTY. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY.
10.1.3. NO WARRANTY FOR OTHER DATA. JEPPESEN'S OBSTACLE DATA, CULTURAL DATA, AIRPORT MOVING MAP TERRAIN DATA AND OTHER DATA ("OTHER JEPPESEN DATA") ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WHATSOEVER.
10.1.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A LICENSE AGREEMENT BY JEPPESEN, THE JEPPESEN PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, JEPPESEN DOES NOT WARRANT THAT THE JEPPESEN PRODUCTS OR SERVICES, PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, SHIPPING CHARGES OR OTHER CONTENT OF THE SITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY ELECTRONIC PRODUCTS PURCHASED OR DOWNLOADED FROM THE SITES.JEPPESEN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY JEPPESEN OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. IF A PRODUCT OFFERED BY JEPPESEN IS NOT AS DESCRIBED OR PICTURED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION FOR A REFUND. IN THE EVENT OF AN ERROR, WHETHER ON THE SITES, IN AN ORDER CONFIRMATION, IN PROCESSING AN ORDER OR OTHERWISE, JEPPESEN RESERVES THE RIGHT TO CORRECT SUCH ERROR AND CHARGE THE CORRECT PRICE OR CANCEL THE ORDER, AND YOUR SOLE REMEDY IN THE EVENT OF SUCH ERROR IS TO CANCEL YOUR ORDER.
10.2. ADDITIONAL DISCLAIMER OF WARRANTY FOR PRODUCTS NOT MANUFACTURED BY JEPPESEN
YOU ACKNOWLEDGE THAT YOU MAY BE PURCHASING SOME PRODUCTS FROM JEPPESEN IN JEPPESEN'S CAPACITY AS A DISTRIBUTOR OF SUCH PRODUCTS FOR THE MANFACTURERS OF SUCH PRODUCTS. FOR PRODUCTS NOT MANUFACTURED BY JEPPESEN, YOU ACKNOWLEDGE THAT YOU WILL SOLELY LOOK TO THE WARRANTY(S), IF ANY, PROVIDED BY THE MANUFACTURER AND THAT JEPPESEN MAKES NO WARRANTIES ON ITS OWN BEHALF OF ANY KIND.
11. LIMITATION OF LIABILITY
11.1. DISCLAIMER AND RELEASE
THE CONDITIONS, REPRESENTATIONS, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF JEPPESEN AND YOUR REMEDIES SET FORTH IN THESE PURCHASE TERMS AND YOUR RIGHTS UNDER THE JEPPESEN RETURNS AND CANCELLATIONS POLICY ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND YOU HEREBY WAIVE, RELEASE AND RENOUNCE, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SITES, PRODUCTS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY PRODUCTS), SERVICES, ANY INFORMATION SUPPLIED BY YOU, AND RESULTS OBTAINED FROM ANY OF THE FOREGOING, AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF SUCH SERVICES OR OTHER THINGS PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO:
- ANY IMPLIED WARRANTY AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE,
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING IN STRICT LIABILITY OR IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN, AND
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY OF YOUR PROPERTY, INCUDING WITHOUT LIMITATION ANY AIRCRAFT OR VESSEL.
11.2. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
TO THE EXTENT NOT PROHIBITED BY LAW, JEPPESEN WILL HAVE NO LIABILITY WHATSOEVER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, BREACH OF WARRANTY, TORT [INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED], STRICT LIABILITY OR OTHERWISE) AND EVEN IF JEPPESEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR:
- LOSS OF USE, REVENUE OR PROFIT;
- DAMAGES RESULTING FROM BUSINESS INTERRUPTION;
- DAMAGES RESULTING FROM DELAY IN PERFORMANCE AND COST OF SUBSTITUTE PROCUREMENT;
- FOR COSTS OF REPRODUCTION OR RECOVERY OF DATA OR INFORMATION WHICH IS LOST IN WHOLE OR IN PART;
- ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JEPPESEN'S RECORDS, PROGRAMS OR SERVICES; OR
- FOR ANY OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
11.3. LIMITATION OF LIABILITY
IN NO EVENT JEPPESEN'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF PURCHASE OR THE PURCHASE OF, OR USE OR INABILITY TO USE ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE GREATER OF (i) THE PURCHASE PRICE OF THE PRODUCT OR SERVICE FOR THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD OR (ii) $100.00 USD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.4. Some states and jurisdictions do not allow limitations on direct, indirect, incidental, or consequential damages, so the above limitations or exclusions may not apply to you.
11.5. If a court of competent jurisdiction determines that applicable law implies warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on Jeppesen's liability set forth in this section will apply to the fullest extent permitted by law. If Jeppesen cannot exclude or limit a warranty or liability implied by law, these Terms of Purchase will be read and construed subject to such provisions of law.
11.6. For the purpose of this Limitation of Liability section, the term "Jeppesen" means Jeppesen Sanderson, Inc., its parent company, their respective parents, affiliates, and the assignees of each, and their respective directors, officers, employees and agents.
If you are a Consumer within the territory of the European Union, please refer to Section 15 below.
You will indemnify and hold harmless Jeppesen, its licensors, contractors, subcontractors, agents, service providers, and consultants, from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorneys' fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including your employees but not employees of Jeppesen, or for loss of or damage to any property, including without limitation any vessel or aircraft, arising out of or in any way relating to the use or inability to use the products and services purchased from Jeppesen; including without limitation claims relating to any allegation that you or your personnel have not been properly or adequately trained; or the use of any hazardous materials, or any other things provided to or accessed by you via the Sites, whether or not arising in strict liability or tort or occasioned by the negligence of Jeppesen. For purposes of this Section, the term "Jeppesen" includes Jeppesen, its parent company, their respective parents, affiliates, and the assignees of each, and their respective directors, officers, employees and agents. Your obligations under this indemnity will survive the termination or cancellation of your account or of your use of the products, Sites, or Services.
13. GOVERNING LAW AND VENUE
These Purchase Terms will be interpreted under and governed by the laws of the State of Colorado, U.S.A., without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You agree that any action at law or in equity arising out of or relating to these Purchase Terms will be filed only in the state or federal courts located in the City and County of Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Purchase Terms.
If you are a Consumer within the territory of the European Union, please refer to Section 15 below.
14. EXPORT COMPLIANCE
You are responsible for your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the government of the United States, and if applicable, other countries. You will not attempt to, or knowingly export or re-export any of the products or services purchased from Jeppesen to any country or national thereof that is prohibited from obtaining such products or services, either directly or indirectly through your affiliates, licensees or subsidiaries.
15. CONSUMERS WITHIN THE TERRITORY OF THE EU
Applicability: This Section applies to you only if you are a Consumer and you have your habitual residence within the territory of the European Union. A "Consumer" in accordance with §13 of the German Civil Code ("BGB") is a natural person that concludes a contract for a purpose that is mainly outside its business and outside its profession.
15.1. Governing Law
If you are a Consumer, Section 13 (Governing Law and Venue) herein above will not apply in its entirety and these Purchase Terms will be solely interpreted under and governed by the law of Germany instead. Germany's conflicts of laws rules will not be invoked for the purposes of applying the law of another jurisdiction.
If you are a Consumer, Jeppesen's liability in the event of a slightly negligent breach of a cardinal obligation, i.e. an obligation whose fulfillment is a prerequisite for enabling the proper fulfillment of the contract in the first place and whose fulfillment Consumer normally relies upon and may rely upon, is limited to damages that are reasonably foreseeable and typical to the contract. In all other events, all liability of Jeppesen is herewith excluded, except (1) for claims under the German Product Liability Act, (2) to the extent a damage is caused by gross negligence and/or intent of Jeppesen, (3) in cases of Jeppesen's liability for injury to life, body and/or health and/or (4) if Jeppesen is liable under a guarantee (Garantie).
Any reference to a "warranty" will mean Gewährleistung and will not be construed as a guarantee (Garantie) under § 443 of the BGB.
15.4. Instructions on Withdrawal [Note: Last revised June 2014 (V018)]
Limitations to Right of Withdrawal.
The above mentioned right of withdrawal does not apply to goods which are not prefabricated and for whose production Consumer’s individual choice or determination is essential or are made to the Consumer’s specifications (e.g. aeronautical information products made to Customer’s specifications). Further, the above mentioned right of withdrawal does not apply for Products which are, after delivery, according to their nature, inseparably mixed with other items. In addition, the above mentioned right of withdrawal does not apply at distance contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery. Neither shall the right of withdrawal apply for Products which expire rapidly (e.g. Trip Kits and/or aeronautical information products that are effective for less than a one (1) month period).