Terms of Service – Updated

Terms of Service

Effective Date: October 28, 2015

  1. Acceptance of Terms

DoctorAviation.com is a website operated by DRS Educational Services, LLC, and we welcome you to our online service (the “Service” or “Services”). The terms “Website”, “we”, “us”, “our” and “DRS” shall refer collectively to the DoctorAviation.com website and DRS Educational Services, LLC. By using the Service you are agreeing to the following Terms of Service (“TOS”), which are intended to form a binding agreement, whether or not you are a registered customer of the Website. We may update the TOS from time to time without notice to you. In addition, when using any Services owned or operated by us, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are incorporated by reference into the TOS. You further agree, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.

  1. Description of Service

The Website makes available a collection of aviation-related educational resources to its registered and non-registered users. Registered users can view the full array of video lessons on aviation subjects, and download files for further learning, testing, and scoring. Non-registered users can watch a more limited selection of educational videos. Any new features, Services and enhancements to the Website are subject to the TOS. THE SERVICE IS PROVIDED “AS IS” AND THE WEBSITE ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.

All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, we can discontinue their ability to use the site.

You are totally responsible for any activity that takes place under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify us immediately. It is up to you to maintain the confidentiality of your password and username.

You understand that you may receive business-related communications from us, such as Service announcements and account administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and therefore you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of the Service you understand and agree that the Service may include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that the Website shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new DRS websites, mobile apps, or other properties, shall be subject to the then current TOS.

The Service has been designed for users age 16 and older. If you are under the age of 16, we recommend that you use the Service only under the supervision of a parent or legal guardian. Under no circumstances should anyone under the age of 13 use the Service.

  1. Subscription and Billing Terms

The Service is provided on a subscription basis. You must provide your full name, a valid email address, and any other information requested in order to complete the subscription process. Your login may only be used by one person – a single login shared by multiple people is not permitted (Exception: Members of an immediate family may access the course material). You are responsible for maintaining the security of your account and password. Doctor Aviation cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Please note that the subscription policies that are disclosed to you in subscribing to the Service are part of this Agreement. For purposes of this TOS, the term “registered user” includes all paying subscribers, as well as any subscribers that have received complimentary or gift subscriptions, regardless of renewal term or price level, except where its usage indicates otherwise. The subscription fee is payable in United States dollars only (including, if any, all applicable taxes).

You agree to pay us the subscription fee (“Subscription Fee”) specified in the Get Started page during the subscription period (“Subscription Period”). A valid credit card is required to subscribe to the Service. We bill you through an online account (your “Billing Account”) for use of the Service. Your complete billing information is not stored on our servers. For your protection, our secure payment gateway partner stores your complete billing information. While our billing process and payment partner incorporate security features to protect your personal and credit card information, we cannot and do not guarantee or represent that such security features will be foolproof. You agree to pay us for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize us to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment. If we do not receive payment from your Payment Method, you will need to provide an alternate Payment Method, or you will not be able to access all the features available to subscribers.

You will be entitled to receive the Service only during the Subscription Period specified on your billing confirmation. You will receive email(s) prior to the end of your subscription reminding you to renew your subscription if desired. If the subscription is not renewed, all service will end at the end of the Subscription Period. All of your content (text and files) will be immediately deleted from the Service upon the end of your subscription. This information cannot be recovered once your account is cancelled.

DoctorAviation.com will provide new, first-time registered users a full refund so long as the registered user cancels before completing three lessons, or within thirty (30) days of first signing up (the “refund period”), whichever comes first. DoctorAviation.com will not provide refunds to persons who have previously opened other accounts, whether or not they are using the same or different user names, email addresses, or billing information. Each person, family or business entity is only entitled to one refund window. Successive sign-ups and refunds are prohibited. After the refund period, there shall be no refunds and your Subscription fee is non-transferable. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period but after the refund period, you will not receive a refund on the Subscription Fee(s) previously paid to DoctorAviation.com.

You are solely responsible for properly canceling your account. You can cancel your account at any time by sending a message to info@DoctorAviation.com with a request for the account to be cancelled. An email request to cancel your account is not considered effective until you receive a response from the support staff. All of your Content (as defined below) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

Your non-termination or continued use of the Service reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges.

Any promotion that provides access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a Subscription Fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact us to have the charges reversed.

  1. Rules of Behavior
  • You are solely responsible for your own communications and content, including any data, images, graphics, text, audio, video, email, links, and screen names (“Content”) you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
  • You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
  • You must not violate the privacy rights of others.
  • You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful (or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group).
  • You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
  • You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permissions from the third party, which permissions you agree to disclose to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
  • You must not impersonate another person or entity, which includes not using anyone else’s username or password.
  • You must not “frame” or “mirror” the Website, by simulating the appearance or function of the Website on another website.
  • You must not use the Service for any illegal or unauthorized purpose. This includes but is not limited to spamming.
  • You must abide by all Federal, State and local laws. If you are outside The United States you must comply with all local laws with respect to your online conduct and acceptable Content as well as the export of data to the United States or to your country or residence.
  • You cannot modify or delete any Content and communications of the Website and/or of other individuals other than your own.
  • You must not transmit any viruses, worms, defects, or any items and/or code of a destructive nature.
  • You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
  • You must not interfere or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  • You cannot create user accounts under any false or fraudulent pretenses (including by automated means).
  • You must not state or imply that any of your submitted and or posted Content is endorsed by us.
  • You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
  • You must not engage in any ad “slamming”.
  • You cannot use the DoctorAviation.com name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that DoctorAviation.com is associated with, or endorses, or is in any way connected with you, your business, or your Content.

WHILE DOCTORAVIATION.COM EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT BY OTHER PERSONS.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, WE CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

  1. Content  

As a registered user, you will be able to view and download a great variety of Content, including but not limited to text, audio, video, photographs, graphics and other materials.

Neither DoctorAviation.com nor DRS Educational Services, LLC shall have any liability of any kind with respect to any Content included in the Service. You agree that you must assess and bear all risks associated with the use of any Content.

The Website may preserve and store your account information if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, to protect the rights, property or personal safety of the Website, its users and the public.

Procedure for Making a Copyright Infringement Claim: DoctorAviation.com respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, we may, but are not obligated to, disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated please contact our Designated Agent at info@DoctorAviation.com with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  2. A description of where the material you claim is infringing is located on the site
  3. Your name, address, telephone number, email address
  4. A statement claiming that you have a good faith belief that the disputed use has not been authorized
  5. A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Once Proper Infringement Notification is Received by the Designated Agent: Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:

    • Remove or disable access to the infringing material;
    • Notify the content provider that we have removed or disabled access to the material; and
    • Terminate such content provider’s access to the Website if he or she is a repeat offender.
  • Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:

 

  1. A physical or electronic signature of the content provider;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which the Website is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, the Website may send a copy of the counter-notice to the original complaining party informing that person that the Website may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

  1. Links

The Service may provide links to other websites or resources. We have no control over these sites and content and therefore you acknowledge that we are not responsible for the availability of such links, resources and content, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or Services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF DOCTORAVIATION.COM REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, WE HAVE THE RIGHT TO DISABLE THE LINK WITHOUT NOTICE TO YOU.

  1. Indemnity  

You agree to indemnify and hold DRS Educational Services, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, arising out of your use of the Service in violation of the TOS and/or your violation of any rights of another.

  1. No Resale of Service

You agree not to, without the express prior written consent of the Website, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own.

  1. Modification and Termination of the Service  

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

  1. Privacy Policy  

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://www.DoctorAviation.com/privacy-policy/. You agree that your use of this Service is subject to the Privacy Policy.

  1. Registration

In order to use certain aspects of the Service you are required to register. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

  • In consideration of your use of the Service, you represent that you are at least 13 years old and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. You further represent that if you are between the ages of 13 and 16, you will only use the Service under the supervision of a parent or legal guardian, or teacher if you are using the Service in a classroom setting.
  • You also agree to provide true, accurate, current and complete information as required on the Service’s registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, we have the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
  • You agree that we may, under certain circumstances and without prior notice immediately terminate your account, any associated username and/or access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the TOS or other policies, guidelines or rules, (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies. You also agree that any termination is in our sole discretion and that we will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service.
  • You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death.
  • You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact us immediately. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
  1. Practices regarding Use and Storage

You acknowledge that we may establish general practices and limits regarding use of the Service including, without limitation, your ability to comment on blog posts, discussion boards and/or sessions. You agree that we have no responsibility or liability for the deletion or failure to post, store or transmit any such comments. You acknowledge and agree that we reserve the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that we have the right to modify these practices and limits from time to time.

  1. DoctorAviation.com Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of DoctorAviation.com and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DoctorAviation.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge our exclusive rights in the DoctorAviation.com trademark and service mark.

  1. Disclaimer of Warranties  

The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. DOCTORAVIATION.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DOCTORAVIATION.COM MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

DOCTORAVIATION.COM FURTHER MAKES NO WARRANTY THAT THE SERVICE WILL PREPARE YOU TO FLY AN AIRPLANE, GLIDER, HELICOPTER OR OTHER AIRSHIP. THE SERVICE IS NOT DESIGNED TO REPLACE FLIGHT INSTRUCTION, AND SHOULD NOT BE USED AS A SUBSTITUTE FOR FLIGHT INSTRUCTION.

No advice or information, whether oral or written, obtained by you from DoctorAviation.com or through or from the Service shall create a warranty not expressly stated in the TOS.

  1. Limitation of Liability

You expressly understand and agree that DoctorAviation.com will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration or of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service or any other matter relating to the Service, and in no event will we be liable for any amount of money over Ninety-Nine Dollars ($99.00), which you acknowledge to be a fair and reasonable sum.

  1. Disputes

If there is any dispute about or involving the Website and/or the Service, you agree that any dispute shall be governed by the laws of the Commonwealth of Kentucky without regard to conflict of law provisions. You further agree that all disputes shall be submitted to binding arbitration, such arbitration to be held in the Commonwealth of Kentucky.

  1. General Information

This Agreement constitutes the entire agreement between you and DoctorAviation.com and governs your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, Affiliate or advertiser Services, third-party Content or third-party software.

The failure of DoctorAviation.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Whenever this TOS uses the terms DoctorAviation.com, the “Website,” “we,” “us,” or “our,” such terms shall be construed as also referring to DRS Educational Services, LLC.

Please report any violations of the TOS to info@DoctorAviation.com.