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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions in addition to all applicable laws. If you do not agree to these terms and conditions, do not use this site.

The UAS Colorado (“UASCO”) Terms and Conditions (“Terms”) govern your use of the services offered by UASCO and its third-party affiliates. Your use of the services offered by UASCO is your assent to the company’s Terms and Conditions as well as the Privacy Policy and the use of such services established a contractual relationship between UASCO and the user. Please familiarize yourself with all aspects of the two policies and if you do not agree or feel as if you will not be able to adhere to the Terms or the Privacy Policy refrain from using the service as you do so at your own risk and no contractual relationship is created between UASCO and you, the user.

UASCO reserves the right to make updates and changes to the Terms and Conditions which will be posted here. Any use of the services offered by UASCO after such changes and amendments constitutes assent to the changes and updates to be bound by the amended terms.

Definitions

“Services” refers to all services provided by UASCO and its third-party contractors, affiliates, and partners. The term services further mean the use of the application, verbal communications with any users, and any other communications initiated by or directed towards UASCO. “Company” refers to UASCO as well as all of the authorized third party affiliates, contractors, affiliates, and partners who work directly with UASCO or act as an authorized agent or representative and are all referred to individually as a company. “You, User” refers to the user as the contractor, subcontractor whether requesting or providing service as well as anyone creating an account in anticipation of providing or requesting a service offered by UASCO or a visitor to the site. “Individual Contract” refers to the specific, direct, written contracts made between UASCO and the user and such contracts shall prevail over the general Terms and Conditions should there be a conflict between the two.

Description of Services

UASCO is a virtual marketplace providing a platform for meeting the needs of commercial and non-commercial drone use. The platform permits users of the application to provide/request, arrange and schedule, with third-party providers, said services to be performed with the use of drones.

Rules of Use of Services

Any use of the services provided by UASCO is done at the voluntary and free will of the user. By using the Service the user affirms that they are at least 18 years of age or are of the legal age to enter into a contract and to be bound by the contract’s terms and agreements. The User agrees that all the information submitted which is required to create an account is true and accurate. The user also agrees to update and maintain the account current and make any necessary changes to the information as they become necessary. The user also confirms that any use of the service is not in violation of any state or federal laws and agrees to be bound by all national safety regulations and standards along with the Patriot Act and other national security laws and regulations. The user is responsible for all activity that occurs under your account even if cause indirectly by user negligence. The user must maintain control over the account at all times and may not authorize third parties access. Any rights not expressly granted herein are reserved by UASCO. The user agrees to comply and adhere to all applicable laws and only use the services for lawful purposes. The Services cannot be used to conduct any type of transaction any portion of which would violate laws. The Services may not be used to cause a disturbance, annoyance, pose a threat, or violate any rights of a third party. All uses of the Services provided by UASCO are for lawful purposes only any unlawful or unethical use of such services warrants an immediate suspension and possible cancellation of the user’s account and prohibition from using the services in the future. Unless otherwise specified, neither this site nor any portion of this site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose not expressly permitted by UASCO. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this site without express written permission of UASCO.

Content Uploaded by User

From time to time the User may be permitted to upload limited and specific content to the UASCO application and website including all commentary, opinions, suggestions, observations, etc., both visual and textual. When uploading such content to the site the user willingly grants UASCO a perpetual, universal, irrevocable royalty-free license with the right to sublicense, copy, modify and publish, distribute and otherwise utilize and exploit the content in any manner available to UASCO, without any further notice to the user. User further warrants that any content uploaded by them, unless otherwise explicitly noted, is the sole property of the User and the User has all rights to use the publication and any use of the publication, initially by the User or subsequently by the Company, does not violate any third party rights, neither intellectual, proprietary, privacy or any applicable laws or regulations. No content may be uploaded which is abusive, offensive, in violation of any applicable laws. Any such content will immediately be reviewed and removed by the Company without notice to the User and any content that is deemed threatening to the rights of others may be turned over to the appropriate authorities. User agrees not to copy, display, alter or publish any content found on the UASCO site or its third-party affiliates, such action constitutes copyright infringement.

Payment for Services

All payments for services are to be made in the currency of the United States Dollars. The use of the service will result in charges to the User in the amount previously quoted or negotiated for by the User and UASCO. UASCO uses a third-party vendor to process all payments. Upon completion of the services, the Company will disperse the payment to the appropriate party. All charges will be made to the payment method on file. If the payment method is not valid or unavailable UASCO reserves the right to withhold the service until payment is completed. Payment quotes may change from time to time due to supply and demand and the Company reserves the right to make changes to the charges with prior explicit notification to the User. A cancellation fee will apply to all service requests which are not canceled within the specified time noted with the specific service. All charges are for services provided including all applicable taxes and fees.

Responsibility of Use

The User is responsible for any damages caused by the User, his/her equipment, or as a direct result of negligence or misinformation. The user is required to carry sufficient liability insurance to cover all damages and repairs. UASCO reserves the right to recover from the User the full cost of the repair plus all applicable fees as within the legal provisions.

No Unlawful or Prohibited Use

As a condition of your use of this site, you warrant to UASCO that you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this site in any manner which could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site. Harassment in any manner or form on this site or through this site is strictly forbidden. Impersonation of others on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

Copyright

You should assume that everything you see or read on the UASCO site is copyrighted or subject to trademark protection unless otherwise noted and may not be used except as provided in these Terms and Conditions or the text on the UASCO site without the written permission of AeroVista Innovations. The entire content included in this site, including but not limited to text, graphics logos, icons, images, audio, or software is copyrighted under the United States and international copyright laws and is the property of UASCO, its content suppliers or UASCO’s use thereof has been authorized or licensed by the owner of such content. The compilation of the content of this site is the exclusive property of UASCO and is protected by the United States and international copyright laws. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with UASCO or purchasing products sold by UASCO. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your non-commercial use and to register or to place an order with UASCO to purchase products sold by UASCO. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this site or to modify such materials in any way.

Trademarks

All trademarks, service marks and trade names, and logos used herein are proprietary to UASCO and/or are licensed to UASCO. Such trademarks, service marks, and trade names are protected by common law and/or federal trademark law and may not be used in violation of UASCO’s or any of its licensors’ rights. Nothing contained on the UASCO website should be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the UASCO website without the written permission of UASCO or the third party owner of such Trademark. Your misuse of UASCO trademarks or any information on the UASCO website except as provided in these Terms and Conditions is strictly prohibited. You are also advised that UASCO will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Typographical Errors

The information regarding the products and services included in or available through the UASCO site may include inaccuracies or typographical errors. If a product is listed at an incorrect price due to typographical error, UASCO shall have the right to cancel or refuse any orders placed for such product listed at the incorrect price, whether or not the order has been confirmed or your account charged. If your account has been charged and your order is canceled, a credit will be issued to your account in the amount of the charged price. UASCO and/or its respective suppliers may make improvements and/or changes to the information on this site at any time.

Warranties and Representations

All services provided by UASCO are “as is”. The company makes no warranties or representations concerning the fitness for a particular purpose, merchantability of the services and makes no implied or express warranties. UASCO makes no representations about the quality, timeliness, suitability, or accuracy of the content found on the website or application. UASCO does not warranty the services of third-party providers and makes no representations as to their quality, reliability, or any other relation to the services provided. All services entered into with third parties are at the risk of the user and are not warranted by UASCO or its affiliates.

Limitation of Liability

In no event will UASCO be directly liable for incidental, consequential, punitive, indirect, or special damages including but not limited to damages for loss of data, loss of profits, or damage of property even if advised of the possibility of such damages. User agrees to hold UASCO harmless from any damages caused due to service interruption, failure of availability of the website, or other unintentional acts of UASCO. UASCO is not liable for any damages or service interruptions caused by third parties. The user agrees that UASCO has no responsibility or liability concerning any services or goods provided by third parties or any services, not in the direct control of UASCO. All contracts entered into with third parties are at the risk of the user and UASCO is not responsible for any consequential damages arising out of such contracts. UASCO is not responsible for any delays resulting in actions beyond the company’s control. In any event, UASCO’s total liability for all damages and causes of action shall not exceed the actual amount paid for said services. The user agrees to all terms in this agreement and agrees to be bound by it. In all events and instances, all users are protected by any applicable UCC and consumer protection laws of the jurisdiction.

Links to Third Party Sites

UASCO has not reviewed all of the sites linked to the UASCO site and is not responsible for the contents of any off-site pages or any other sites linked to the UASCO site. Your linking to any other off-site pages or other sites is at your own risk. The linked sites are not under the control of this site and UASCO is not responsible for the content of any linked site, including without limitation, any link contained in a linked site, or any changes or updates to a linked site. UASCO is not responsible for webcasting or any other form of transmission received from any linked site. UASCO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UASCO of the site or any association with its operators. Linked sites have separate terms of use and policies. UASCO has no responsibility or liability for policies or actions on linked sites or privacy concerns or content of Linked Sites, and you access them at your own risk.

Indemnification

User agrees to indemnify, defend and hold harmless UASCO, its directors, officers, employees, licensors, suppliers, and agents from all claims, demands, losses, damages and liabilities, actions, and expenses including attorney fees and costs, arising out of, or in connection with User’s use of the Services provided by UASCO, User breach or violation of the Terms and Agreements or the Privacy Policy. If a User’s direct or indirect actions are the cause of action against UASCO the User agrees to bear the responsibility for the attorney fees and costs associated with defending such an action.

Choice of Law

This Agreement shall be governed by the laws of the State of Illinois. Any claims or disputes arising out of this Agreement may only be tried in the jurisdiction of Cook County, Illinois, and by using the Services the parties agree and irrevocably consent to said jurisdiction.

Arbitration

The user agrees that any controversy or cause of action arising out of the use of Services provided by UASCO or its Third Party affiliates will be settled by binding arbitration between the User and the Company. Each party nonetheless retains all applicable rights including the right to bring an individual action in small claims court only. User and the Company agree to waive the right to a trial by jury or to participate as a plaintiff in a class-action lawsuit against the Company. The party seeking Arbitration must provide the other party written Demand for Arbitration in accordance with the American Arbitration Association (“AAA”) Rules and such request must be delivered by USPS with a return receipt required. All Arbitrations are governed by the AAA and in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The parties will select a mutually agreed upon Arbitrator from the AAA-approved list. If the parties are unable to agree within seven (7) days the AAA will appoint one. In an event that any portion, other than the Arbitration section, is deemed unenforceable the Arbitration clause will survive and is enforceable as a negotiated contract between the User and the Company.

Force Majeure

All parties agree that neither party shall be liable for a delay or failure of performance of the contract (except for payment of money) in events beyond parties’ control such as strikes, riots, fires, floods, acts of God, war, terrorism, earthquake, hostilities, embargoes, or any other event beyond reasonable control.

Severability

If any part of this agreement or the Privacy Policy is found to be unenforceable, void, or in conflict with another provision, the Agreement shall deem amended to modify such a provision to make it enforceable or another similar provision will be substituted. If such a provision cannot be amended and the exclusion of it will not change the material terms of the Agreement then the rest of the Agreement will remain in force.

Non-waiver

Non-enforcement of any portion of this Agreement does not constitute a waiver of that portion nor any other portions of the Agreement in the present nor at any time nor does it waive the right of enforcement of the same provision in the future. Any waiver of a provision of this Agreement is only valid if in writing by an authorized party against whom such waiver is sought and only applies to the specific instance in the specific circumstances at a specific time.

Notice

UASCO may give notice via electronic mail sent to the address in the registered User’s account or by written communication sent by first-class mail. All such notices shall be deemed received by the User within 48 hours after initial communication. Notice to UASCO may be given via electronic mail at info@uascolorado.com.

Entire Agreement

This agreement represents the entire agreement of the parties and supersedes all prior agreements, communications, negotiations, and proposals. In an event of a dispute of the Terms and Conditions, this Agreement shall control. The parties agree that any other terms, negotiations, discussions, and agreements are not part of this Agreement and shall not be incorporated into this Agreement as such unless expressly negotiated for between the parties with written consent from all parties.

Termination of Agreement

This Agreement may be updated from time to time by UASCO notice of such updates will be communicated to all Users via the method outlined in the “Notice” Section of this Agreement and an updated version will be posted herein. This Agreement may be terminated by UASCO, either party if they file for bankruptcy or are adjudicated as bankrupt, or if either party commits a material breach of any of the terms of this Agreement. The obligation to keep information confidential or proprietary survives the termination of this agreement. The termination of this agreement does not relieve any party from payment and other contractual obligations entered into before the termination of this Contract. UASCO may terminate or suspend access to Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

UAS Colorado - Unmanned Aircraft Systems
UAS Colorado is a non-profit business league, committed to promoting and improving the aerospace industry in Colorado, particularly supporting the safe integration and use of unmanned aircraft systems throughout the state for the benefit of the public.
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