Terms of Service

Welcome to flighttrainingtech.com.  The online electronic flight training records and/or flight training management (“Services”) provided on the Site are owned and operated by Flight Training Technologies, LLC, a Wisconsin limited liability company.  Your access and use of the Site are subject to the following conditions.  Please read these conditions carefully because they contain important disclosures and other terms that may affect your legal rights.

Introduction

This Terms of Service (“Agreement”) constitutes a legally binding agreement and applies to your use of the Site and any of our services or other products.  You are authorized to use the Site only if you agree to abide by all applicable statutes, laws, rules, regulations, codes and ordinances, whether federal, state, local, foreign or domestic, and the laws, rules and regulations applicable to your jurisdiction (collectively, “Applicable Law”) and the terms of this Agreement.  By registering and using the Site, you affirmatively agree to be bound by the terms of this Agreement.  The terms “you,” “yourself,” and “Member” refer to a person who uses the Site.

In consideration for using the Site, you must indicate your acceptance of this Agreement.

We reserve the right to change or modify this Agreement at any time and will do so from time to time.  Each modification shall be effective upon posting to the Site.  All material modifications will apply prospectively only.  We will notify you of any change or modifications by posting a notice on the Site visible to you the next time you access the Site.  Your continued use of the Site following notification of any such modification constitutes agreement to be bound by and your acceptance of the Agreement including modifications.  You agree to review this Agreement from time to time, since any use of the Site following any such a change shall constitute acceptance of the modification(s).

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND TO ABIDE BY ALL APPLICABLE LAW, YOU MUST DISCONTINUE ANY AND ALL USE OF THE SITE.  BY USING THE SITE, YOU HAVE ACCEPTED THIS AGREEMENT.

If you have any questions about this Agreement, please email us at amy@flighttrainingtech.com.

Purpose

Flight Training Technologies, LLC has developed an educational product to be used as a part of a flight training program as a management tool and/or record keeping tool.  We provide a flight training management web application for general aviation small business flight schools, flight clubs and independent flight instructors to manage student pilots in a private pilot single-engine land flight training program. Flight Training Technologies manages, tracks, records and stores all flight training program information for the student, flight instructor and school or club.

Duration

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you access and continue to use the Site.  You may terminate your Membership at any time for any reason

We expressly reserves the right to deny, restrict, suspend, or terminate your access to any or all parts of the Site if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to us, our employees, business partners, other Members and/or the public. Even after your use of the Site has terminated, this Agreement will remain in effect.  Upon termination, amounts owed for the balance of the billing period in which your account was terminated shall be paid and your account will be canceled without any further obligation.

Privacy Policy

Use of the Site is also governed by our Privacy Policy (“Privacy Policy”), which is incorporated into this Agreement by this reference.  Please refer to our Privacy Policy at flighttrainingtech.com for information on how we collect, use and discloses personal information.

Registration

Use of the Site and registration to be a User or Instructor (“Member,” “Membership”) is void where prohibited.  By using the Site, you represent and warrant that you:

  1. User
  2. Will comply with this Agreement;
  3. Are able to form a binding contract with us;
  • Are not prohibited by law from accessing the Site or have not previously been denied access to the Site; and are not acting on behalf of a person whose access to the Site has been previously denied by us;
  1. Will submit only truthful and accurate information (“Member Content”), including, but not limited to, your profile information, name, address, phone number, birthday, email, pilot certificates/ratings held, student pilot certificate/medical certificate, proof of United States citizenship, time flown elsewhere and aircraft, FAA Tracking Number, current training aircraft, flight and ground times (flight training logbook). User further agrees to continuously maintain the truthfulness and accuracy of all Member Content provided to Us;
  2. Are enrolled in a Part 61 or Part 141 flight school program;
  3. Acknowledge that your use is limited to the fifty states of the United States of America and the District of Columbia;
  • Acknowledge that your use of the Site does not violate Applicable Law.
  1. Instructor
  2. Will comply with this Agreement;
  3. Are able to form a binding contract with us;
  • Are not prohibited by law from accessing the Site or have not previously been denied access to the Site; and are not acting on behalf of a person whose access to the Site has been previously denied by us;
  1. Will submit only truthful and accurate information (“Member Content”), including, but not limited to, your profile information, name, address, phone number, birthday, email, pilot certificates/ratings held, pilot certificate/medical certificate, proof of United States citizenship, time flown elsewhere and aircraft, FAA Tracking Number, current training aircraft, flight and ground times (flight training logbook), flight instructor certificate number and expiration, and flight instructor records logbook. User further agrees to continuously maintain the truthfulness and accuracy of all Member Content provided to Us;
  2. Acknowledge that your use is limited to the fifty states of the United States of America and the District of Columbia;
  3. Acknowledge that your use of the Site does not violate Applicable Law.

Your account may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age or if we believe that you incorrectly represent your age with respect to the age of majority (18 in most jurisdictions).

The Limited License(s) You Grant Us

To the extent necessary to provide you the requested Services, we need the right to use your Member Content.  Creation of an account may require disclosing of personal information, including, but not limited to, your Member Content.  In submitting, posting or distributing any Member Content on or in connection with the Site, you grant us a limited, revocable, non-exclusive, transferable license to use, modify, reproduce, distribute, and create derivative works form such Member Content.

We will not share the information you provide with any third party services except to the extent (i) required by law; and (ii) required to operate the Site.

You are responsible for all of your Member Content and for the accuracy of such content.  You may modify or remove your Member Content at any time through your online profile.  Changes may trigger an internal verification procedure in order to validate your account and prevent fraud.  We have no responsibility or liability for Member Content, or for any loss or damage your Member Content may cause to you or others.  We have the right, but not the obligation, to remove, screen or edit without notice any Member Content posted or stored on the Site, and we may do this at any time and for any reason.

You further represent and warrant that you own or otherwise have the right to grant the license set forth above to all content used by you on or in connection with the Site.  You also represent and warrant that the use of your Member Content does not violate any privacy right, publicity right, trademarks, copyrights, contract rights or other rights of any person or entity.

Password & Username Security

When you register to become a Member, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any unrelated third party. You agree to notify the company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.  We will make reasonable efforts to protect your password, and will notify you in the event of a breach.

Fees; Charges; Taxes

All applicable fees and charges are described on the Site.  Fees and charges may change from time to time at our discretion. You agree to pay the applicable fees listed on the Site.  Failure to pay in full any and all applicable Fees is a breach of this Agreement.  You are responsible for all applicable taxes.

Links and Content

In connection with the operating of the Site, we may include content provided by the Federal Aviation Administration or links to other regulatory or educational websites, applications, or links to content (“Other Content”) that we do not control, maintain or endorse. To access the Other Content, you might leave the Site. You acknowledge that we do not control Other Content. You agree that we are not responsible or liable for any Other Content, including, without limitation, the content, policies, failures, promotions, products, services, actions or any damages, losses, failures or problems caused by, related to or arising from the Other Content or its providers. Your correspondence and business negotiations with the providers of Other Content, including the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such offerings, are solely between you and the respective provider.

Proprietary Rights in Content on the Site

The Site (including past, present, and future versions) and all content available on the Site, excluding Other Content and Member Content, used to create and operate the Site is the property of Flight Training Technologies, LLC, its licensors, affiliates or subsidiaries.  Such content is protected by United States and international copyright laws, trademark, patent, trade secret and other laws.  All rights to the Site are expressly reserved.

The Limited License We Grant You

We hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the content contained in the Site (excluding any code) solely for your use in connection with viewing and using the Site. You agree that: (a) you may only view and not distribute or transfer any portion of the Site or content on any media from us without our prior written or electronic approval or as reasonably necessary to use that part of the Site for its intended purposes; (b) you will not alter, adapt or otherwise modify any part of the Site or content other than as reasonably necessary to use that part of the Site for its intended purpose; (c) you may not use the Site other than for its intended purpose; and (d) you will otherwise comply in full with this Agreement.

The license in this section is revocable by us at any time.

Content Prohibited

The following are examples of the kind of content that is illegal or prohibited to post on or in connection with the Site.  We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending content from the Site, terminating your use of the Site and/or reporting such content to law enforcement authorities. Prohibited content includes, but is not limited to, content judged by us to:

  1. Promote, advance, or indicate illegal activities;
  2. Be patently offensive, promote, or otherwise incite racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Harass or advocate harassment of another person;
  1. Exploit anyone in a sexual or violent manner or contain nudity, excessive violence, or offensive subject matter or contain a link to an adult website or content;
  2. Solicit or are designed to solicit personal information from anyone under the age of 13;
  3. Publically post information that poses or creates a privacy or security risk to any person;
  • Constitute or promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); and
  1. Promote unsafe flying.

Any use of the Site in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Site.

Activities Prohibited

The following are examples of the kind of activity that is illegal or prohibited on or in connection with the Site.  We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, terminating your access to the Site and/or reporting such activity to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. Criminal or tortious activity including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spinning, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site;
  • Activity that involves the use of viruses, bots, worms, or any other code, files or programs that interrupt, destroy or limit the functionality of any software or hardware, or otherwise permit the unauthorized use of or access to a mobile device, computer, or a computer or cellular network;
  1. Modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Site other than your information which you legally post on or in connection with the Site;
  2. Providing or using “tracking” or monitoring functionality in connection with the Site, including identifying other Members’ views, actions or other activities;
  3. Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected with the Site;
  • Impersonating or attempting to impersonate us or one of our employees, administrators or moderators, another Member, or person or entity;
  • Using or distributing any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  1. Misrepresenting yourself or the source of any message or content;
  2. Using any automated system, including, but not limited to, scripts or bots in order to harvest any data from the Site;
  3. Engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated in any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;
  • Using the Site in a manner inconsistent with any and all Applicable Law;
  • Resell or commercially use the Site or any of the contents found thereon;
  • Deep-linking to any portion of the Site;
  1. Framing or utilizing framing techniques to enclose any portion of the Site without express written consent;
  • Attempting to gain access to secured portions of the Site to which you do not possess access rights; and
  • Using the Site, or using any electronic device in connection with the Site in an unsafe manner.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, provided however that the link does not portray the Site or us in a false, misleading, derogatory or otherwise offensive manner. You may not use any of our logos, trademarks, or proprietary graphics as part of the link without express written permission.

Disclaimers

Although we attempt to ensure the integrity and accuracy of the Site, we make no representations and are not responsible for and makes no warranties, express or implied, as to the accuracy and reliability of the Site.  It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform us, but this does NOT guarantee that defects in the Site will be corrected.  Any information, content, service, function, or feature contained in the Site may be discontinued, changed, or updated at any time with or without notice.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, NON-INFRINGEMENT, OR QUITE ENJOYMENT.  WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE.  WE ALSO CANNOT GUARANTEE THE ACCURACY OF THE INFORMATION POSTED IN CONNECTION WITH THE SITE.  WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

Indemnity

You agree to indemnify and hold Flight Training Technologies, LLC, its parents, subsidiaries, affiliates, subcontractors and other partners, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any use of the content that you post on or in connection with the Site.

Limitation on Liability

IN NO EVENT SHALL ALO FLIGHT TRAINING, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE.  WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.  WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF THE SITE.

Controlling Law and Jurisdiction

This Agreement and any action related thereto will be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Wisconsin.  All disputes and controversies arising out of or relating to this Agreement shall be settled by arbitration in La Crosse, WI by a single arbitrator mutually agreed to by the disputing parties pursuant to the then rules of the American Arbitration Association, but without any requirement that the parties utilize the arbitration services of the American Arbitration Association. Such arbitration shall be the sole and exclusive remedy for such disputes. Any award shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction.

Other

Your agreement with us will always include this Agreement at a minimum. Your access and use of certain portions of the Site may require you to accept additional terms and conditions applicable to those portions of the Site, in addition to this Agreement, and may require you to download additional applications, software, or other content.

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

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

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Nothing in this Agreement creates a partnership, employment relationship or agency relationship between you and Flight Training Technologies, LLC.

We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.

To contact us with any questions or concerns about this Agreement, please contact us at amy@flighttrainingtech.com.