Terms and Conditions of Use

Welcome to the Jeppesen Sanderson, Inc. ("Jeppesen") web site (the "Site"). Through this Site, Jeppesen provides you with access to a wide variety of information, materials and services, including but not limited to eServices, chart services and downloadable applications and/or software (collectively "Services"). The Site and Services, including any updates, enhancements and/or any new features, are subject to these Terms and Conditions of Use. Please read this page carefully. These Terms and Conditions of Use do not alter in any way the terms or conditions of any other written or online agreement you have with Jeppesen. If the Terms and Conditions of Use in the scroll box differ in any way with the Terms and Conditions of Use at the hypertext link located at the bottom of each web page, then the Terms and Conditions of Use at the hypertext link located at the bottom of each web page shall govern. BY ACCESSING, BROWSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. You must be at least 18 years old and competent to enter into a contract to use the Services. If you are under the age of 18, you may only use this Site with involvement of a parent or guardian. Jeppesen reserves the right to refuse service, terminate accounts or cancel orders at its sole discretion. Jeppesen further reserves the right to change or modify any of the Terms and Conditions of Use or any policy or guideline of the Site at any time without notice to you. The most current version of the Terms and Conditions of Use can be reviewed by clicking on the "Terms and Conditions of Use" hypertext link located at the bottom of our web pages. Any changes or modifications will be effective on the date the change or modification is made and the date of such changes or modifications shall appear at the bottom of this page. Your use of the Site following the date of any changes or modifications will constitute your acceptance of the Terms and Conditions of Use as revised. You should visit this page regularly to review the Terms and Conditions of Use because they are binding on you. The term "You" and "User" as used herein refers to all individuals and/or entities accessing, browsing or using this Site for any reason.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION. Please view our comprehensive Privacy Policy, which may be accessed by clicking on the "Privacy Policy" hypertext link located at the bottom of our web pages.

MEMBER ACCOUNT, PASSWORD AND SECURITY. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, 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. However, you could be held liable for losses incurred by Jeppesen or another party due to someone else using your account password. You may not use anyone else's account at any time.

LICENSE AND SITE ACCESS. Jeppesen grants you a limited, non-transferable, non-exclusive license to make use of this Site and the Services contained herein only for personal use and limited commercial use directly related to your company's operation of aircraft ("Limited Commercial Use"). Such license is granted only to the registered account owner or, if no account was opened, then only to the individual or entity that signed onto this Site. Unless otherwise specified, you are not permitted to commercially exploit the Services or transfer those Services, in whole or in part, to any third party. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Services by reverse engineering, disassembly, decompilation or any other means. You shall not use the Services to operate a service bureau or for any other use involving the processing of data of other persons or entities.

NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Services and this Site generally, you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any Jeppesen server, or the network(s) connected to any Jeppesen server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Jeppesen server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Any unauthorized use of this Site will terminate the permission or license granted by these Terms and Conditions of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

LINKS TO/FROM THIRD PARTY SITES. You are granted a limited, non-exclusive right to create a hyperlink to the introductory page of this Site (https://jeppesen.com) provided such link does not portray Jeppesen or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not "deep link" or link to any other pages of this Site except the introductory page. You may not use any logo or other proprietary graphic or trademark of Jeppesen to link to the introductory page of this Site without the express written permission of Jeppesen. This limited right may be revoked at any time.

THE SITE CONTAINS LINKS TO THIRD PARTY WEB SITES. JEPPESEN MAKES NO CLAIM OR REPRESENTATION REGARDING, AND ACCEPTS NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF SITES ACCESSIBLE BY HYPERLINK FROM THIS SITE, OR SITES LINKING TO THIS SITE. LINKED SITES ARE NOT UNDER THE CONTROL OF JEPPESEN AND JEPPESEN IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY REVIEW, CHANGES OR UPDATES TO SUCH SITES. JEPPESEN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT OR ADOPTION BY JEPPESEN OF THE SITE OR ANY INFORMATION CONTAINED THEREIN. WHEN LEAVING THE JEPPESEN SITE, YOU SHOULD BE AWARE THAT JEPPESEN'S TERMS AND CONDITIONS OF USE AND POLICIES NO LONGER GOVERN AND, THEREFORE, YOU SHOULD REVEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF THAT SITE.

PROTECTION OF PROPRIETARY INFORMATION AND MATERIALS GENERALLY. You acknowledge that all materials and information provided on the Site will be presumed to be, and will be treated as, proprietary to Jeppesen, regardless of whether any restrictive notices or legends appear in proximity with said materials and information.

COPYRIGHT. All copyrighted and copyrightable materials on this Site, including, without limitation, the Jeppesen logo, data, charts, compilations of charts and data, viewing/printing software, electronic chart format, documentation, text, graphics, design, pictures, images, logos, button icons, software, sound files and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright ©2006 Jeppesen Sanderson, Inc. and/or its suppliers or licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Jeppesen or the respective copyright owner. Anyone using Jeppesen Materials without such consent will be responsible for any liabilities or costs imposed on Jeppesen as a result of any unauthorized use. If you would like to obtain permission to use such Materials, please email Georgia Wolf at georgia.wolf@jeppesen.com. For permission to use any third-party materials appearing on the Site, please contact the copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for your personal use, non-commercial use, Limited Commercial Use, and informational use only; provided that, you may not, without the permission of Jeppesen or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, or (c) remove or alter any copyright and other proprietary notices contained in the Materials.

COPYRIGHT COMPLAINTS. Jeppesen respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Jeppesen's copyright agent the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Jeppesen's copyright agent for notice of claims of copyright infringement on this Site is Jeppesen's Chief Counsel, who can be reached as follows:

Chief Counsel
Jeppesen Sanderson, Inc.
55 Inverness Drive East
Englewood, CO 80112

Phone: 303.328.4237
Fax: 303.328.4163

TRADEMARKS AND SERVICE MARKS. Jeppesen, Jeppesen Sanderson, the Jeppesen logo, JeppView, Airway Manual and all products and services described on this Site are either trademarks, service marks or registered trademarks of Jeppesen and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jeppesen or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Jeppesen, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Jeppesen. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

RESTRICTED RIGHTS LEGEND. Any downloadable applications and/or software which are downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Jeppesen Sanderson, Inc., 55 Inverness Drive East, Englewood, Colorado 80112-5498.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SITE. Any software that is made available to download from the Services is the copyrighted work of Jeppesen and/or its suppliers or licensors. If an end user license agreement accompanies or is included with the software ("License Agreement"), then the use of the software is governed by the terms of that License Agreement, to which you must agree prior to installing the software. If the software is not accompanied by or does not include a License Agreement, then these Terms and Conditions shall govern.

The software is made available for download solely for use by the registered account owner or, if no account was opened, then only to the individual or entity that signed onto this Site. Any reproduction or redistribution of the software not in accordance with the License Agreement is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

FOR YOUR CONVENIENCE, JEPPESEN MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. JEPPESEN DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN JEPPESEN SOFTWARE.

NOTICE SPECIFIC TO CHART SERVICES AVAILABLE ON THIS SITE. Jeppesen's chart services has been developed to meet the need for a publication providing current information in the condensed form required for modern air navigation under instrument and visual flight conditions. Information contained in the copyrighted charts is independently available from publications of the appropriate governing authority.

The charts 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 Services should also be thoroughly familiar with the Introduction and Legend materials included within Jeppesen's Airway Manual Services. To obtain a copy of the Introduction and Legend materials, please contact Jeppesen at captain@jeppesen.com. 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 Customer. Jeppesen has edited this source material, and has arranged and published it in a convenient, easy-to-use format. Jeppesen believes that the chart services accurately communicate the information obtained from this source material.

LIMITED WARRANTY. JEPPESEN EXPRESSLY WARRANTS FOR THE SOLE BENEFIT OF USER 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, INCLUDING USER, WHICH IS DEPICTED ON ITS MAPS AND CHARTS ONLY. THIS EXPRESS WARRANTY IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, MADE BY JEPPESEN REGARDING THE SERVICES AND THIS SITE. JEPPESEN'S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED TO USE ITS BEST EFFORTS TO PROMPTLY CORRECT ANY ERRORS.

DISCLAIMER AND RELEASE. JEPPESEN DOES NOT WARRANT THAT THE SITE, THE SERVICES CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO THE VIEWING/PRINTING SOFTWARE, WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JEPPESEN IS NOT RESPONSIBLE FOR THOSE COSTS.

EXCEPT AS PROVIDED FOR IN THE PREVIOUS SECTION, THIS SITE AND THE SERVICES CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO THE CHART SERVICES AND SOFTWARE, ARE DELIVERED "AS IS" AND "AS AVAILABLE" AND ARE NOT GUARANTEED TO BE FREE FROM ERRORS OR DEFECTS. USER ASSUMES ALL RISK AS TO THEIR PERFORMANCE. THE WARRANTIES, CONDITIONS, REPRESENTATIONS, OBLIGATIONS AND LIABILITIES OF JEPPESEN AND REMEDIES OF USER SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND USER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF USER AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, THIS SITE, THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH STANDARDS OR REGULATIONS OF ANY FLIGHT PROCEDURE PRESCRIBED BY A GOVERNMENT AUTHORITY OR OTHER OUTSIDE SOURCE, AND ANY NONCONFORMANCE OR DEFECT IN THE SOFTWARE, HARDWARE, CHARTS, DATA, DOCUMENTATION OR OTHER THINGS PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN, AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT.

FOR THE PURPOSE OF THIS DISCLAIMER AND RELEASE SECTION, "JEPPESEN" MEANS JEPPESEN SANDERSON, INC., ITS PARENT COMPANY, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES, THE ASSIGNEES OF EACH, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.

EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. JEPPESEN OR ITS SUPPLIERS/LICENSORS WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN), STRICT LIABILITY OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER OR ANY USE OF THIS SITE OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED, THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH STANDARDS OR REGULATIONS OF ANY FLIGHT PROCEDURE PRESCRIBED BY A GOVERNMENT AUTHORITY OR OTHER OUTSIDE SOURCE, AND ANY NONCONFORMANCE OR DEFECT IN THE SOFTWARE, HARDWARE, CHARTS, DATA, DOCUMENTATION OR OTHER THINGS PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION, EVEN IF JEPPESEN OR ITS SUPPLIERS/LICENSORS HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF JEPPESEN'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH HEREIN SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT JEPPESEN'S LIABILITY SHALL NOT EXCEED US $100. SOME STATES OR COUTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE SOME ADDITIONAL RIGHTS.

IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT RELEVANT LAWS IN FORCE MAY IMPLY 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 HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF JEPPESEN CANNOT EXCLUDE OR LIMIT A WARRANTY OR LIABILITY IMPLIED BY LAW, THESE TERMS AND CONDITIONS OF USE SHALL BE READ AND CONSTRUED SUBJECT TO SUCH PROVISIONS OF LAW.

FOR THE PURPOSE OF THIS EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES SECTION, "JEPPESEN" MEANS JEPPESEN SANDERSON, INC., ITS PARENT COMPANY, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES, THE ASSIGNEES OF EACH, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.

INDEMNIFICATION. Except to the extent that Jeppesen is liable under any express warranty set forth herein, Customer will indemnify and hold harmless Jeppesen and its suppliers and licensors from and against all claims and liabilities (including claims by third parties), including 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 employees of User but not employees of Jeppesen, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to your breach of the terms of these Terms and Conditions and/or your utilization of this Site and/or the Services or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of Jeppesen. For the purpose of this Indemnification section, "Jeppesen" means, Jeppesen Sanderson, Inc., its parent company, its divisions, subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees and agents.

EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Designated Nationals. You further represent and warrant that no U.S. federal has suspended, revoked, or denied your export privileges.

ADDITIONAL TERMS AND CONDITIONS OF USE. Certain areas of this Site may be subject to additional terms, conditions, policies or guidelines. By using such areas, or any part thereof, you agree to be bound by the additional terms, conditions, policies or guidelines applicable to such areas.

MISCELLANEOUS. Jeppesen makes no claims that the Services may be lawfully viewed or downloaded outside of the United States. Access to the Services may not be legal by certain persons or entities in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Additional or different terms and conditions may apply when you use affiliated web sites, third-party content, or third-party software. This Agreement will be interpreted under and governed by the laws of the State of Colorado, except that Colorado's conflict-of-law provisions shall not be invoked for the purposes of applying the law of another jurisdiction. The United Nations Convention on contracts for the international sale of goods will not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Colorado for any claim or dispute with Jeppesen or any of its subsidiaries, affiliates, officers, agents, or employees. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. You must file any claim or suit related to the Services within one year after it arises. The section titles in these Terms and Conditions are for convenience only and have no substantive effect.

TERMINATION. Subject to prior written agreement(s), Jeppesen reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Any rights not expressly granted herein are reserved.