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Terms & Conditions

Last Modified: Jan 25, 2025

These Terms and Conditions ('Terms') constitute a legally binding agreement between you and AviatorJonah, LLC ('AviatorJonah', 'we', 'us', or 'our') governing your access to and use of our website, products, services, and content (collectively, the 'Services').

Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. Your continued use of the Services following any changes constitutes your acceptance of the modified Terms.

Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:

  • You are at least 18 years old
  • You have the legal capacity to enter into these Terms
  • You are not prohibited from using the Services under applicable laws
  • You will comply with these Terms and all applicable laws

Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Promptly notifying us of any unauthorized use of your account
  • Ensuring your account information is accurate and up-to-date

We reserve the right to suspend or terminate your account and access to the Services for any violation of these Terms.

Products and Services

We provide various digital products and services subject to these Terms. We reserve the right to:

  • Modify or discontinue any Service without notice
  • Limit access to certain features or portions of the Services
  • Establish general practices and limits concerning use of the Services

Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must:

  • Comply with all applicable laws and regulations
  • Respect the intellectual property rights of others
  • Use the Services in a manner that does not interfere with or disrupt other users
  • Follow any guidelines or policies we publish regarding the Services

Prohibited Conduct

You may not:

  • Use the Services for any illegal purpose
  • Attempt to gain unauthorized access to any portion of the Services
  • Interfere with or disrupt the Services or servers
  • Upload or transmit malware or other malicious code
  • Engage in any automated use of the Services
  • Collect user information without consent
  • Impersonate any person or entity
  • Harass, abuse, or harm others

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including:

  • Violation of these Terms
  • Suspected fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Extended periods of inactivity

Upon termination:

  • Your right to access and use the Services will immediately cease
  • We may delete your account and all associated data
  • Any fees paid are non-refundable

Intellectual Property

All content, features, and functionality of the Services are owned by AviatorJonah and protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, or distribute our content
  • Reverse engineer or decompile our software
  • Remove any copyright or proprietary notices
  • Use our trademarks without express permission

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVIATORJONAH, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
  • ANY CONTENT OBTAINED FROM THE SERVICES
  • UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE LAST 12 MONTHS.

Indemnification

You agree to defend, indemnify, and hold harmless AviatorJonah, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms of Service
  • Your use of the Services, including any data or content transmitted or received by you
  • Your violation of any rights of a third party, including intellectual property rights
  • Your violation of any applicable laws, rules, or regulations
  • Any content that is submitted via your account including third party links and content
  • Your willful misconduct, fraud, or negligence

Governing Law

These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

Agreement to Arbitrate: You and AviatorJonah agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be determined by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND AVIATORJONAH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Arbitration Rules: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in Bend, Oregon, unless you and AviatorJonah agree otherwise.

Class Action Waiver: ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Opt-Out: You may opt out of this arbitration agreement by notifying AviatorJonah in writing within 30 days of the date you first became subject to this arbitration provision.

Changes to Terms

We reserve the right to update and change these Terms at our sole discretion. When we make changes:

  • We will revise the "Last Modified" date at the top of the Terms
  • We will notify you through the Services, via email, or other reasonable means
  • Your continued use of the Services after any changes constitutes your acceptance of the new Terms

Contact Information

Questions about these Terms should be sent to:

Mail

ATTN: Legal Department - AviatorJonah

70 SW Century Dr PMB 1198

Bend, OR 97702