Terms of Use

(Last updated on March 1, 2021)

SECTION 1. Your Agreement to these Terms of Use
SECTION 2. Disclaimers
SECTION 3. Site Eligibility
SECTION 4. Site Management
SECTION 5. Site Modifications and Interruptions
SECTION 6. Site Accessibility
SECTION 7. User Representations
SECTION 8. User Registration
SECTION 9. Electronic Communications, Transactions and Signatures
SECTION 10. User Data
SECTION 11. Cookies
SECTION 12. Sharing Your User Data
SECTION 13. Changing or Removing Your Contact Information
SECTION 14. Products
SECTION 15. Purchases and Payment
SECTION 16. Security
SECTION 17. Service Providers
SECTION 18. Corrections
SECTION 19. Promotions
SECTION 20. Subscriptions & Refunds
SECTION 21. Prohibited Activities
SECTION 22. Intellectual Property Rights
SECTION 23. Submissions
SECTION 24. User Generated Contributions
SECTION 25. License
SECTION 26. Social Media
SECTION 27. Third-Party Websites and Content
SECTION 28. Privacy Policy
SECTION 28.1 Important Information and Who We Are
SECTION 28.2 Collection and Use of Personal Information
SECTION 28.3 Data Security
SECTION 28.4 Glossary
SECTION 28.5 Your Legal Rights
SECTION 28.6 Rights of Minors
SECTION 29. Term and Termination
SECTION 30. Governing Law
SECTION 31. Limitations on Liability
SECTION 32. Indemnification
SECTION 33. Dispute Resolution
SECTION 34. Miscellaneous
SECTION 35. Interpretation
SECTION 36. Contact Us

SECTION 1. YOUR AGREEMENT TO THESE TERMS OF USE

Welcome! We are Coradine Aviation Systems, LLC (together with our subsidiaries and other affiliates, collectively called “Coradine”, “we”, “us”, or “our”), and this is our website (staging.coradine.com and logten.com are collectively called “Website”).

These Terms of Use create a legally binding agreement between Coradine and you (whether acting on your own personal behalf or on behalf of any entity, “you” or “your”), with respect to your access and use of (i) the Website, (ii) Coradine’s various media forms, media channels, headless services, flight importing systems, crowd-sourced systems, mobile websites, mobile applications, and Mac Apps that may be related, linked, or otherwise connected to the Website or provided by us (collectively with the Website, “Site”), and (iii) the features, products, and services that are available through the Site or are provided in connection with the Site.

These Terms of Use apply in addition to (and in the event of a conflict defer to) the terms and conditions of any other agreement (including any end user license agreement) between you and Coradine with respect to any of its products or services, including LogTen Pilot Logbook (“LogTen”).

We reserve the right to modify or supplement, for any reason in our sole discretion, these Terms of Use, at any time and from time to time; and, all of our modifications and supplements to these Terms of Use that are published, at any time and from time to time, on the Site are hereby incorporated into these Terms of Use. By our updating the “Last updated” date of these Terms of Use, you have agreed that you have received adequate notice of our modifications and supplements and that you have waived all rights to receive any specific notice of any particular modification or supplement. It is your responsibility to periodically review these Terms of Use to stay informed of all updates, including all modifications and supplements. You will be subject to, and are deemed to have been made aware of and to have accepted, all of our modifications and supplements to these Terms of Use by your continued access or use of the Site after the date the revised Terms of Use are published on the Site.

The Site may also include various Coradine pages created or found on third-party websites (such as Facebook or YouTube), which may further be subject to the terms of use of the third-parties.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where the distribution or use (a) would be contrary to any law or regulation, or (b) would subject us to any registration or other requirement within the jurisdiction or country. Accordingly, everyone who chooses to access or use the Site while they are outside of the United States do so on their own initiative and are consequently solely responsible for all compliance with all applicable local laws and regulations.

YOU AGREE THAT, BY ACCESSING OR USING THE SITE, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE TERMS OF USE.

IF FOR ANY REASON YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN PLEASE IMMEDIATELY DISCONTINUE ACCESSING AND USING THE SITE.

SECTION 2. DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND ANY ACESS OR USE OF THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERROR, OMISSION, MISTAKE, OR INACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE, (2) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS OR USE OF THE SITE, (3) UNAUTHORIZED ACCESS OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) BUG, VIRUS, TROJAN HORSE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD-PARTY THROUGH THE SITE, ANY WEBSITE LINKED TO THE SITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.

WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SECTION 3. SITE ELIGIBILITY

The Site is intended only for users who are at least 18 years old and are legally competent to enter into a contract. Anybody under the age of 18 may use the Site only with the valid permission of their parent or guardian.

Any of the products or services offered via the Site may be used by various airlines, air cargo carriers, governments, or military entities.

SECTION 4. SITE MANAGEMENT

We reserve the right to manage the Site as follows (but we have no obligation to do so):

Monitor the Site for possible violations of these Terms of Use;
Take any appropriate action against anyone who we believe (in our sole discretion) may violate these Terms of Use or any law or regulation, including reporting the user to any law enforcement authority;
Refuse or restrict access to the Site, limit the availability of or disable any and all of your Contributions (or parts thereof), or take any other remedial action, as we believe (in our sole discretion) may be appropriate;
Remove from the Site or otherwise limit the availability of or disable all files and content that are excessive in size or are in any way burdensome to our systems, as we believe (in our sole discretion) may be appropriate; and
Otherwise manage the Site in any manner as we believe (in our sole discretion) may be appropriate to protect our rights and property or to facilitate the functioning of the Site.

SECTION 5. SITE MODIFICATIONS AND INTERRUPTIONS

We reserve the right to unilaterally change, modify, or remove the contents of the Site (including flight logs, travel data, and any other information), at any time and from time to time, for any reason in our sole discretion, without any notice; however, we have no obligation to update or clarify any information on the Site. We are not liable to you or anyone else for any modification, suspension, or discontinuance of the Site. It is solely your responsibility to make backup copies of all information that you may desire to preserve.

We cannot guarantee that the Site will be available at all times. We may experience hardware failures, software bugs, or other problems or we may need to perform maintenance related to the Site, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, at any time and from time to time, for any reason in our sole discretion, without any notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site for any reason, including any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any correction, update, or release in connection with the Site.

SECTION 6. SITE ACCESSIBILITY

To access and retain your electronic records via the Site, you are solely responsible for having all required hardware and software. To help us make the Site’s content accessible and user-friendly, please contact us if you are having difficulty viewing content on or navigating the Site, via email at info@coradine.com.

SECTION 7. USER REPRESENTATIONS

Every time you use the Site, you promise and represent and warrant to us that:

All registration information you have provided is true, accurate, current, and complete;
You will maintain the accuracy of all of your information and promptly update all registration information as may be necessary;
You have the legal capacity to agree and comply with these Terms of Use;
You agree with these Terms of Use and you will comply with these Terms of Use;
You are not a minor in the jurisdiction in which you reside;
You will not access the Site through any automated or non-human means, whether via a bot, script, or otherwise;
You will not use the Site for any illegal, unlawful, or unauthorized purpose; and
Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, then we may suspend or terminate your account and refuse any and all current or future use of the Site (or any part thereof).

SECTION 8. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential, and you agree that you will be and remain solely responsible for all use of your account and password. We reserve the right to remove, reclaim, or change any username you select if we determine, in our sole discretion, that the username is inappropriate, obscene, or otherwise objectionable.

SECTION 9. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically (via email or via the Site) satisfy all legal and other requirements that the communication be in writing.

YOU DO HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES FOR ALL CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF ALL NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You do hereby waive all rights and requirements under all applicable laws and regulations in any jurisdiction that may require (a) an original signature, (b) the delivery or retention of non-electronic records, or (c) payments or the granting of credits via any non-electronic means.

SECTION 10. USER DATA

We may maintain certain data that you transmit to the Site or that relate to your use of the Site, including your name, mailing address, email address, telephone number, payment information, birth date, information relating to protected classifications under applicable laws and regulations (e.g., gender), information relating to online activity (e.g., browsing history and search history), and information regarding your interactions with the Site (e.g., products purchased, obtained, or considered and other purchasing behavior), and geolocation data.

By using the Site, you agree to be bound by our privacy policy, which is set forth below in these Terms of Use (“Privacy Policy”).

Please be advised that the Site is hosted in the United States; consequently, through your continued use of the Site, you are transferring your data to the United States and you are expressly consenting to having your data transferred to and processed in the United States, even if you are accessing the Site from another country with laws or regulations or other requirements governing personal data collection, use, or disclosure that differ from the applicable laws or regulations in the United States.

We may track various electronic markers of visitors to the Site (e.g., Internet domain address from which visitors reach the Site or user location data) and analyze that data for various purposes, including (a) order confirmation and tracking, (b) marketing purposes (e.g., contacting users regarding our products and services), (c) user recognition, preferences, trends, and usage statistics, and (d) usage data obtained from devices used to access the Site (e.g., smartphones).

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken via the Site. You agree that we have no liability to you or anyone else for any loss or corruption of any data, and you do hereby waive all rights of action against us arising from any data loss or corruption.

SECTION 11. COOKIES

Cookies are data files placed on your computer or other device when you visit the Site or receive electronic communications from Coradine. We may use cookies to remember your data, to process orders, to track your status in our promotions, to personalize our products and advertising, to gather marketing and analytics information (e.g., Site traffic data), and to improve the quality of our services.

SECTION 12. SHARING YOUR USER DATA

Coradine may disclose any of your data when necessary or appropriate with respect to various legal purposes or proceedings or whenever any law or regulation may require it.

If any of our business are assets sold or otherwise transferred, then we may disclose your personal information and data to the buyer or transferee, provided that they agree to abide by the Privacy Policy.

SECTION 13. CHANGING OR REMOVING YOUR CONTACT INFORMATION

Requests to change or remove your contact information may take up to 5 days (if made via email) or up to 2 weeks (if made via regular postal mail).

SECTION 14. PRODUCTS

We make reasonable efforts to accurately display the features, specifications, and details of the products and services shown on the Site; however, we do not guarantee that all features, specifications, and details of all products and services will always be accurate, complete, reliable, current, or free of error, and your electronic display might not accurately reflect the actual details of the products or services. All products and services are subject to availability, and we cannot guarantee that any product or service will be in stock or otherwise available. We reserve the right to discontinue any product or service at any time for any reason without prior notice. Pricing of all products and services are also subject to change at any time without prior notice.

SECTION 15. PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account information in connection with all purchases made via the Site. You further agree to promptly update all of the payment and account information, including the email address, payment method, and payment card expiration date, so that we may complete your transactions and contact you as may be needed. We may change any of the prices at any time. All payments must be made using U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and all applicable shipping fees, and you authorize us to charge your chosen payment provider for all applicable amounts upon placing your order. We reserve the right to unilaterally correct any error or mistake made with respect to any price, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel any of the quantities purchased per person, per household, or per order, which may include orders placed by or under the same customer account, the same payment method, and orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by any dealer, reseller, or distributor.

SECTION 16. SECURITY

To protect certain payment and personal information you share with us electronically, our Site uses Secure Sockets Layer (SSL) to encrypt your credit card number, name, and address. While we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from the Site.
We recommend users of the Site to protect their password and other information and not share it with any other party. Other security measures that users can take including logging out of their accounts and closing browser windows while their browsing sessions are inactive.

SECTION 17. SERVICE PROVIDERS

Coradine may contract with external entities (collectively, “Service Providers”) to perform various services related to the Site (e.g., credit card processing, shipping, promotional offerings, marketing, data analysis, and data management), and your data may be shared with the Service Providers in connection with performing those services.

SECTION 18. CORRECTIONS

There may be information on the Site that includes typographical errors, inaccuracies, or omissions that may relate to product offerings, including descriptions, pricing, and availability. We reserve the right, without assuming any duty or obligation, to correct any error, inaccuracy, or omission and to modify or update any information on the Site at any time, in our sole discretion and without prior notice. If you wish to cancel or change your order after pricing or other information has been corrected, please contact us right away, and we will take reasonable actions to work with you to cancel or return your order (but we guaranty no result).

SECTION 19. PROMOTIONS

We may, from time to time, offer special promotions to our customers, which may be available only for a limited time.

SECTION 20. SUBSCRIPTIONS & REFUNDS

Please review our Subscription FAQ’s posted on the Site before making any purchase.

SECTION 21. PROHIBITED ACTIVITIES

You may access and use the Site only for those specific commercial or other purposes that we, in our sole discretion, may deem appropriate or may endorse or approve in advance.

You agree that you will never, directly or indirectly in any manner, engage in or attempt to engage in any of the following activities without our prior written express consent, which we may withhold in our sole discretion:

Retrieve or collect any data or other content from the Site (including usernames or email addresses) to create or compile any collection, compilation, database, or directory.
Undertake any unauthorized use of the Site, including sending unsolicited email or creating user accounts by automated means or under false pretenses.
Use the Site to advertise or offer to sell any goods or services.
Circumvent, disable, or otherwise interfere with any of the security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site or the content contained therein.
Engage in any unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information (e.g., passwords).
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the Site (e.g., using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools).
Interfere with, disrupt, or create an undue burden on the Site or on any of the networks or services connected to the Site.
Impersonate or use the username or password of any user or other person.
Sell or otherwise transfer your profile.
Use the Site or any information obtained from the Site to harass, abuse, or harm another person.
Use the Site or any Content as part of any effort to compete with us or for any commercial enterprise or revenue-generating activity.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up any part of the Site.
Bypass any measure designed to prevent or restrict access to the Site or portion thereof.
Harass, annoy, intimidate, or threaten any of our Service Providers, employees, or agents who are engaged in providing any portion of the Site to you.
Delete any copyright or other proprietary rights notice from any Content.
Copy or adapt any of the Site’s software (e.g., Flash, PHP, HTML, or JavaScript).
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (e.g., clear graphics interchange formats, 1×1 pixels, web bugs, cookies, or any other spyware or passive collection mechanism).
Use, launch, develop, or distribute any automated system (e.g., any spider, robot, cheat utility, scraper, or offline reader) or any unauthorized script or other software.
Disparage, tarnish, or otherwise harm us or the Site.
Use the Site in any manner that is not fully consistent with all applicable laws and regulations.

SECTION 22. INTELLECTUAL PROPERTY RIGHTS

The Site is Coradine’s proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, “Content”) and all trademarks, service marks, trade dress, and logos contained therein (collectively, “Marks”) are owned or controlled by or licensed to us and are protected by copyright and trademark laws and regulations and various other intellectual property rights and unfair competition laws and regulations of the United States (including patent laws and regulations), international copyright laws and regulations, and international conventions. The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, incorporated into metatags or hidden text, translated, transmitted, distributed, sold, licensed, or otherwise modified or exploited for any commercial or other purpose whatsoever, without our prior written express consent, which we may withhold in our sole discretion.

If you are eligible to use the Site, then you are hereby granted a limited, non-transferable, non-exclusive, and revocable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use; and, we do hereby reserve all rights not expressly granted to you in and to the Site and the Content and Marks.

If you believe any Content or Mark is being used without proper permission, please send all details of the alleged infringement to us at info@coradine.com.

SECTION 23. SUBMISSIONS

You agree that all questions, comments, suggestions, ideas, feedback, and other information provided by you to us (collectively, “Submissions”) are non-confidential and automatically (upon receipt) become our sole property. We exclusively own all intellectual property and other rights to the Submissions, and we are entitled to the unrestricted use and dissemination of the Submissions for any commercial or other purpose, without making any acknowledgment of you and without providing any compensation to you. You do hereby waive all moral and other rights to all of the Submissions, and you do hereby represent and warrant that all Submissions are your original work and that you have the right to submit the Submissions. You agree there is no recourse against us for any alleged or actual infringement or misappropriation of any right in any of the Submissions.

SECTION 24. USER GENERATED CONTRIBUTIONS

We may provide you with an opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites, and Contributions may be treated in accordance with the Privacy Policy. Whenever you create or make available any Contribution, you represent and warrant that:

The creation, distribution, transmission, public display, performance, accessing, downloading, and copying of your Contributions do not and will not infringe any proprietary rights, including the copyright, patent, trademark, trade secret, or moral rights of any third-party.
You are the creator and owner of and have all necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as we may determine in our sole discretion).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone (as we may determine in our sole discretion).
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against anyone (as we may determine in our sole discretion).
Your Contributions do not violate any applicable law or regulation.
Your Contributions do not violate the privacy or publicity rights of any third-party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in any sexual or violent manner (as we may determine in our sole discretion).
Your Contributions do not violate any applicable law or regulation concerning child pornography or is otherwise intended to protect the health or well-being of minors (as we may determine in our sole discretion).
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap (as we may determine in our sole discretion).
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use (as we may determine in our sole discretion) or any applicable law or regulation.

Any violation of these Terms of Use may result in (as we may determine in our sole discretion) the termination, suspension, or restriction of your rights to use the Site.

SECTION 25. LICENSE

You do hereby grant us a non-exclusive, non-royalty bearing, non-revocable, worldwide license to use, access, store, and process your Contributions, in accordance with the Privacy Policy. We do not assert any ownership over your Contributions. We acknowledge that you retain full ownership of all of your Contributions, including all intellectual property and other rights therein. We are not liable for any statement or representation in your Contributions. You are solely responsible for all of your Contributions, and you do hereby expressly agree to exonerate us from all responsibility with respect to your Contributions and to refrain from any legal action against us with respect to your Contributions.

SECTION 26. SOCIAL MEDIA

You may link your Site account with various online accounts you have with third-party service providers (collectively, “Third-Party Accounts”): (i) by providing us your Third-Party Accounts’ login information; or (ii) by otherwise allowing us to access your Third-Party Accounts, as may be permitted under the applicable terms of use for the Third-Party Accounts. You represent and warrant that: (a) you are entitled to disclose your login information to us; and (b) you are granting us access to your Third-Party Accounts without any breach by you of any of the applicable terms of use for the Third-Party Accounts and without obligating us to pay any fees or making us subject to any usage limitations imposed by anyone with respect to any of the Third-Party Accounts.

YOUR RELATIONSHIPS WITH VARIOUS THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS WILL BE GOVERNED BY YOUR AGREEMENTS WITH THEM.

By granting us access to Third-Party Accounts, you agree that (1) we may access, make available, and store (if applicable) the content (including friends lists) that you have provided to and stored in your Third-Party Accounts (collectively, “Social Network Content”) so that it is available via your Site account, and (2) we may submit to and receive from your Third-Party Accounts additional information to the extent permitted by the Third-Party Accounts. We make no effort to review any Social Network Content for any purpose (e.g., accuracy, legality, or non-infringement), and we are not responsible for any Social Network Content.

We may access your email address book associated with any Third-Party Account and your contacts list stored on your mobile device or tablet computer with respect to identifying and informing you of those contacts who have also registered with the Site.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in the Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available via your Site account. If any Third-Party Account becomes unavailable or our access to the Third-Party Account is terminated by the third-party service provider, then your Social Network Content may no longer be available via the Site.

You may deactivate the connection between your Site account and any Third-Party Account at any time, by contacting us (using the contact information below) or via your account settings (if applicable). We will attempt to delete from our servers the information obtained via the Third-Party Account, except for the username and profile picture associated with your account.

SECTION 27. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (collectively, “Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items that belong to or originate from third parties (“Third-Party Content”). By using the Site’s features for job seekers, you automatically grant us your consent and permission to share your personal data, including your data from Coradine-affiliated products and services (e.g., LogTen), with any Third-Party Websites (e.g., websites providing aviation-industry job seeker services such as CAE and Pilotbase, who may transact with us to link to, extract, or otherwise access your personal data for marketing and other commercial purposes). Please refer see the Privacy Policy for further details.

The inclusion of, linking to, or permitting the use or installation of the Third-Party Websites or Third-Party Content does not imply any approval or endorsement thereof by us. The Third-Party Websites and Third-Party Content are not investigated, monitored, or checked by us for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites or Third-Party Content in any respect (including content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies concerning the Third-Party Websites or Third-Party Content).

If you decide to access Third-Party Websites or use or install Third-Party Content, you do so at your own risk and with the knowledge that these Terms of Use are not applicable to the Third-Party Websites or Third-Party Content.

You need to review all applicable terms of use and policies (including privacy and data gathering practices) of all Third-Party Websites (including the Third-Party Websites to which you navigate from the Site) and of all applications you use or install from the Site or Third-Party Websites.

Concerns about any Third-Party Content (including hyperlinks to outside services and resources) should be directed to the appropriate provider of the Third-Party Content.

Any purchases you make via Third-Party Websites have nothing to do with us, and we have no responsibility whatsoever with respect to those purchases. You agree and acknowledge that we do not endorse any of the products or services offered via any Third-Party Websites and that you will hold us harmless from all harm and losses caused by your purchase of those products or services or otherwise resulting from the Third-Party Websites or Third-Party Content.

SECTION 28. PRIVACY POLICY

We care about your data privacy and security and seek to protect the information you share with us via our Site. The Privacy Policy covers how we collect, use, disclose, transfer, and store your information. Please familiarize yourself with the Privacy Policy and tell us if you have questions.
The Privacy Policy may be changed at any time without prior notice, and an effective date of the changes will be posted on the Site, with all changes applying to all Site users (past and present) and replacing all prior inconsistent policies. You will be subject to, and are deemed to have been made aware of and to have accepted, all changes to the Privacy Policy by your continued access or use of the Site after the date the changes are published on the Site.

SECTION 28.1 IMPORTANT INFORMATION AND WHO WE ARE

(a) Purpose of the Privacy Policy

The Privacy Policy provides you with information on how we may collect and process your personal data through your use of the Site, including data you provide when you sign-up for a newsletter, fill-out a form, or purchase products or services from us.

The Site is not intended for children, and we do not knowingly collect data relating to children.

It is important that you read the Privacy Policy and all other privacy notices and fair processing notices that we may provide on specific occasions while we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. The Privacy Policy supplements those other notices and is not intended to override them. The Privacy Policy also includes provisions that are intended to comply with the California Consumer Protection Act (“CCPA”) and with the European Union’s General Data Protection Regulation (“GDPR”).

(b) Controller

Coradine is the controller (defined by the GDPR) and is responsible for your personal data.

We have appointed a data privacy manager who is responsible for overseeing all questions with respect to the Privacy Policy. If you have any question about the Privacy Policy (including any request to exercise your legal rights), please contact the data privacy manager using the contact details set out below.

(c) Contact Details

Coradine is an aviation software and services company based in Portland, Oregon, USA. We make industry-leading electronic logbook software (LogTen), and you can find us atstaging.coradine.com, or logten.com. You can contact us any time. We always welcome questions and feedback.

Full name of legal entity: Coradine Aviation Systems, LLC

Name of data privacy manager: Noah Lieberman

Email: info@coradine.com

Postal address: 4039 N Mississippi Ave., Suite 301, Portland, OR 97227, USA

(d) Complaints

As the United States does not presently have a national data protection authority, you have the right to make a complaint at any time to the Information Commissioner’s Office, which is the United Kingdom’s supervisory authority for data protection issues (www.ico.org.uk) or to the Information Commissioner of Canada, which is Canada’s supervisory authority for data protection issues (oic-ci.gc.ca/en). We would, however, appreciate the chance to address your concerns before you approach those authorities, so please feel free to contact us first.

(e) Changes to the Privacy Policy and Your Duty to Inform Us of Changes

This version was last updated on March 1, 2021.

If you are a resident of a country within the European Union, the GDPR became effective across the European Union on May 25, 2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

SECTION 28.2 COLLECTION AND USE OF PERSONAL INFORMATION

Personal information is data that can be used to uniquely identify or contact a single person or household. You may be asked to provide your personal information at any time while you are in contact with Coradine. Here are some examples of the types of personal information that Coradine may collect and how we may use it.

(a) The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified or that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with consumers or households. It does not include anonymous data, where the identity has been removed.

We may collect, use, store, and transfer different kinds of personal data about you, which we have grouped together as follows:

Identity Data: first name, maiden name, last name, username (or similar identifier), title, date of birth, photo identification (e.g., passport), or aviation authority license or certificate.
Contact Data: billing address, email address, and telephone numbers.
Financial Data: bank account and payment card details.
Transaction Data: details about payments to and from you and other details of products or services you have purchased from us.
Technical Data: internet protocol (“IP”) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Site (as well as browsing and search history).
Profile Data: your username and password, your Site login information, items posted on the Site, work history, completed job applications, logbook data, purchases or orders made by you, your interests, preferences, feedback, and survey responses, and purchasing or consuming histories or tendencies.
Usage Data: information about how you use the Site and related services.
Marketing and Communications Data: your preferences in receiving marketing from us and third-parties and your communication preferences.

(b) Aggregated Data

We may collect, use, and share aggregated data (e.g., statistical or demographic data) for any purpose. The aggregated data may be derived from your personal data, but it is not considered personal data because it does not (directly or indirectly) reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Site feature.

(c) Special Categories of Personal Data

Special categories of personal data that we may collect about you could include information about your health and genetics and other biometric data (e.g., physical exam and medical certificates as part of logbook data). We do not collect details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, or trade union membership. Nor do we collect any information about criminal convictions or offenses.

You are responsible for ensuring that any content that you submit does not contain any (i) personal data of any third-party who has not yet agreed to the Privacy Policy and our Terms of Use, or (ii) special categories of personal data about you that we do not collect.

(d) If You Fail to Provide Personal Data

If we need to collect personal data (as may be required by any law or regulation or under the terms of any contract with you) and if you fail to provide that data as requested, then we might not be able to perform under the contract (e.g., we might not be able to provide you with the goods or services requested by you); however, we would inform you if that ever happens.

(e) How Your Personal Data is Collected

We may use different methods to collect data from and about you, as follows:

Direct interactions. You may provide your identity and contact information by filling in forms or by corresponding with us (via post, phone, email, or otherwise), which may include personal data that you provide when you:
a. apply for our products or services;
b. create an account on our Site;
c. submit information to us through our Site;
d. subscribe to our services or publications;
e. request marketing to be sent to you; or
f. give us feedback.
Automated technologies or interactions. As you interact with the Site, we may automatically collect technical data about your equipment, browsing actions, and other patterns. We collect that data by using cookies, server logs, and other similar technologies. We may also receive technical data about you if you visit other websites that use our cookies. Please see our cookie use policy for further details.
Third-parties or publicly available sources. We may receive personal data and other data about you from various third-parties and public sources, as follows:
a. Technical data from (i) analytics providers (e.g., Google) who are based outside the European Union, (ii) advertising networks, and (iii) search information providers;
b. Contact, financial, and transaction data from providers of technical, payment, and delivery services;
c. Identity and contact data from data brokers or aggregators;
d. Identity and contact data from publicly available sources; and
e. Identity, profile, and work history information from third-party partners whom you specifically authorize to share data with us.

(f) Purposes for Which We Will Use Your Personal Data

Here is a list of all the ways we might use your personal data, including our legitimate interests (as may be appropriate), which may include more than one lawful basis (depending on our specific purpose); and, please contact us if you need details about any specific lawful basis that we may rely upon with respect to processing your personal data:

To register you as a user of our Site, which may be based on the performance of a contract with you. The relevant personal data may include information relating to identity and contact data.
To process and certify you as a customer (including managing payments, fees, and charges, and collecting and recovering money owed to us), which may be based on the performance of a contract with you and on other legitimate interests (e.g., collecting debts owed to us). The relevant personal data may include information relating to identity, contact, financial, transaction, profile, marketing, and communications.
To manage our relationship with you (including notifying you about changes to these Terms of Use or the Privacy Policy, and asking you to leave a review for us or to take a survey), which may be based on the performance of a contract with you, on the compliance with a legal obligation, and on other legitimate interests (e.g., keeping our records updated, and learning how customers use our products and services). The relevant personal data may include information relating to identity, contact, profile, marketing, and communications.
To allow integration with those services that you want to share data with, which may include certain aviation job websites and services (e.g., CAE, Pilotbase, and Pilot Credentials) that want to access or extract from our Site your relevant personal, contact, or profile data from (i) logbook summaries, flight experience, and flight details, (ii) work history and supporting documentation, and (iii) experience data and supporting documentation; which may be based on the performance of a contract with you, on reducing your workload by allowing data to be entered once and shared with other services you use and authorize, on the compliance with a legal obligation, and on other legitimate interests (e.g., keeping our records updated, and learning how customers use our products and services).
To enable you to participate in a prize drawing, a competition, or the completion of a survey, which may be based on the performance of a contract with you and on other legitimate interests (e.g., learning how customers use our products and services, analyzing how to improve our products and services, and determining how to achieve our strategic objectives). The relevant personal data may include information relating to identity, contact, profile, usage, marketing, and communications.
To administer and protect our business and the Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and data hosting), which may be based on the compliance with a legal obligation and on other legitimate interests (e.g., operating our business, providing administrative services, IT services, and network security, preventing fraud, and reorganizing our business). The relevant personal data may include information relating to identity, contact, and technical data.
To deliver relevant content and advertisements to you (including measuring and understanding the effectiveness of advertising), which may be based on legitimate interests (e.g., learning how customers use our products and services, analyzing how to improve our products and services, informing our marketing strategy, and determining how to achieve our strategic objectives). The relevant personal data may include information relating to identity, contact, profile, usage, marketing, communications, and technical data.
To use data analytics to improve Coradine (including the Site and our products, services, marketing, and customer relationships and experiences), which may be based on legitimate interests (e.g., improving user experience, determining the types of companies wanting to use our services, updating the Site, developing our business, and informing our marketing strategy). The relevant personal data may include information relating to usage and technical data.
To make suggestions and recommendations to you (including suggestions and recommendations about various products or services that may be of interest to you), which may be based on legitimate interests (e.g., developing our products and services). The relevant personal data may include information relating to identity, contact, usage, profile, and technical data.

(g) Marketing

We seek to provide you with various choices that relate to certain personal data uses, particularly with respect to marketing and advertising.

(h) Promotional Offers

We may use your identity, contact, technical, usage, and profile data to develop a perspective on what we think you might want or need or what might be of interest to you; and, that is how we decide which products, services, and offers might be relevant for you. You will receive marketing communications from us if you have requested information from us or if you have purchased services from us or if you have provided us with your details when you entered a form or registered on the Site; but, in each case, only if you have not opted out of receiving any marketing communications from us.

(i) Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any third-party for marketing purposes, and we will not sell your personal data to third-parties.

(j) Cookies

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site might become inaccessible or not function properly. For more information, please see our Cookie Use Policy.

(k) Change of Purpose

We will use your personal data only for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis that allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with these Terms of Use, where required or permitted by law or regulation.

(l) Disclosures of Your Personal Data

We might share your personal data with our affiliates or third-parties, including third-parties with whom we may choose to sell, transfer, or merge our business or assets (or we may seek to acquire other businesses or merge with them). If a change occurs, then the new owners may use your personal data as permitted in the Privacy Policy. In any event, we require that all third-parties respect the security of your personal data and to treat it in accordance with applicable laws and regulations. We do not allow Service Providers to use your personal data for their own purposes without your consent, and we only permit them to process your personal data for specified purposes and in accordance with our instructions.

(m) International Transfers

If you are a resident of a country within the European Union, we will be transferring your data outside the European Economic Area (“EEA”), as we are based in the United States; and, many (if not most) of the third-parties may be based outside the EEA, so their processing of your personal data will also involve a transfer of data outside the EEA. In any event, whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by adhering to the applicable GDPR’s guidelines; and, we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

SECTION 28.3 DATA SECURITY

We have enabled appropriate security measures to prevent your personal data from being accidentally lost, damaged, destroyed, altered, disclosed, or used or accessed in an unauthorized way. We also limit access to your personal data to only those employees, agents, contractors, and other third-parties who have a business need to know; and, they may process relevant portions of your personal data only pursuant to our instructions and in accordance for what is necessary in relation to the purpose for which the data is being processed. In each case, they are subject to a duty of confidentiality. We will notify you and any applicable regulator of any breach, as legally required. Although your account information is protected by a password, it is very important that you protect against unauthorized access of your account and information by choosing your password carefully and by keeping your password and computer secure by signing out after using our services. Because no method of transmission over the Internet or method of electronic storage, is 100% secure, we cannot guarantee absolute security.

(a) Data Retention

We will only retain your personal data for as long as may be necessary to fulfill the purposes for which we collected it for, which may include satisfying any legal, accounting, or reporting requirement. To determine the appropriate retention period for personal data, we may consider (i) the amount, nature, and sensitivity of the personal data, (ii) the potential risk of harm from unauthorized use or disclosure of the personal data, (iii) the purposes for which we process the personal data, (iv) whether we can achieve those purposes through other means, and (v) applicable legal requirements. In some circumstances, you may ask us to close your account and delete your data (please see “request erasure” section below).

In certain circumstances, we might anonymize your personal data (so that it can no longer identify or otherwise be associated with you) for various research or statistical purposes, in which case we may use that information indefinitely without further notice to you. We reserve the right to share aggregated and anonymous data with any universities, researchers, and other third-parties and in various publications, all of which may be based upon any of the data submitted to the Site. The anonymized data may be shared to produce research that develops insights with respect to any social or environmental impact of the business.

(b) Your Legal Rights and Non-Discrimination Policy

Under certain circumstances, you have rights under various data protection laws and regulations with respect to your personal data. If you wish to exercise any of the rights that are described in these Terms of Use or that otherwise may be available, please contact us at https://support.coradine.com or (503) 683-2601. If you exercise any of your rights, we will not discriminate against you by denying you goods or services, charging you different prices or rates for goods or services, or providing a different level or quality of goods or services. Please note that we may offer financial incentives to collect, sell, or erase your personal information.

(c) No Fee Usually Required

You do not have to pay a fee to access your personal data or to exercise any of your rights; however, if your request is clearly unfounded, repetitive, or excessive, then we may charge a reasonable fee or we may refuse to comply.

(d) What We May Need From You

We may need to request specific information from you to help us confirm your identity and to ensure your right to access your personal data or to exercise any of your rights, because we seek to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information with respect to your request, to help expedite our response.

(e) Time Limit to Respond

We will respond to all legitimate requests for disclosure of your personal information within 45 days; however, it could occasionally take us longer if your request is particularly complex or if you have made a number of requests (in which case we will notify you and keep you updated). In the case of any alleged unauthorized acquisition of unencrypted personal information or noncompliance with the CCPA arising from our side, we reserve a time period of up to 30 days to cure any alleged violation before private legal action may be taken.

(f) Do Not Track

We do not respond to Do Not Track and related signals requesting us to stop the tracking of individual users on our websites. Please see www.allaboutdnt.com for more information.

SECTION 28.4 GLOSSARY

(a) Lawful Basis may include:

i. “Legitimate Interest” means our various interests with respect to conducting and managing our business, to enable us to provide better products or services and to create a more engaging or secure experience. We consider and balance any potential impact on you (positive or negative) and your rights, before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by applicable law or regulation). Please contact us to obtain further information about how we assess our legitimate interests against any potential impact on you with respect to specific activities.

ii. “Performance of a Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into any contract.

iii. “Compliance with a legal obligation” means processing your personal data where it is necessary for compliance with an applicable legal or regulatory obligation.

(b) Third-parties may include:

Service Providers, including processors based in the United States who provide IT and system administration services.
Professional advisers, including lawyers, bankers, auditors, and insurers based in the United States who provide consultancy, banking, legal, insurance, and accounting services.
The Federal government of the United States and various state governments and their respective regulators and other authorities based in the United States who require reporting in certain circumstances.

SECTION 28.5 YOUR LEGAL RIGHTS

You have the right to:

(a) Request access to your personal data (a “data subject access request”), which allows you to receive a copy of your personal data held by us and to verify that we are lawfully processing it.

(b) Request disclosure information about the personal information we have collected from you, including (i) the categories and specific pieces of your personal information collected, sold, or disclosed, (ii) the sources from which your personal information was collected, (iii) the business purposes for collecting or selling your personal information, and (iv) the categories of third-parties with whom your personal information is shared.

(c) Request correction of your personal data held by us, which allows you to have incomplete or inaccurate data held by us corrected (we might need to verify the accuracy of the new data you provide to us).

(d) Request erasure of your personal data, which allows you to ask us to delete or remove personal data and to instruct third-parties to do the same, when there is no good reason for us continuing to process it; however, that does not apply to situations where your personal data is necessary to (i) complete the transactions for which your personal data was collected, (ii) provide the goods or services that you have requested, (iii) protect business property, or (iv) comply with applicable laws and regulations (e.g., the California Electronic Communications Privacy Act). You also may ask us to delete or remove your personal data (a) when you have successfully exercised your right to object to processing (see below), (b) if we have processed your information unlawfully, or (c) if we are required to erase your personal data to comply with local laws and regulations; however, we might not always be able to comply with your request of erasure for specific legal reasons that would (if applicable) be shared with you at the time of your request.

(e) Object to processing of your personal data when we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation that makes you want to object to processing on that basis because you believe it affects your fundamental rights and freedoms. You also may object when we are processing your personal data for direct marketing purposes. In some cases, however, we may be able to demonstrate that we have compelling legitimate grounds to process your information, which override your rights and freedoms.

(f) Request restriction of processing of your personal data, which allows you to ask us to suspend the processing of your personal data (i) if you want us to establish the data’s accuracy, (ii) if our use of the data is unlawful, but you do not want us to erase it, (iii) if you need us to hold the data (although we may no longer require it) because you need it to establish, exercise, or defend legal claims, or (iv) you have objected to our use of your data, but we need to verify whether we have overriding legitimate interests to use it.

(g) Request the transfer of your personal data to you or to a third-party. Upon verifying your request, we will provide to you, or a third-party you have chosen, your personal data in a structured, commonly used, readily-useable, machine-readable format. This right applies only to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.

(h) Withdraw consent at any time, if we are relying on consent to process your personal data; however, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we might not be able to provide certain products or services to you (we will advise you if this is the case, when you withdraw your consent).

SECTION 28.6 RIGHTS OF MINORS

If we collect personal information from an individual who is under 16 years old, then we will not sell that information unless we have received permission to do so. Permission may be given (i) by the individual, if the individual is between 13 years old and 16 years old, or (ii) by the individual’s parent or guardian, if the individual is less than 13 years old.

SECTION 29. TERM AND TERMINATION

For so long as you use the Site, you must abide by these Terms of Use, which will remain in full force and effect while you use the Site. If we terminate or suspend your account for any reason, then you are prohibited from registering or creating a new account under your name, under a fake or borrowed name, or under the name of any third-party (even if you are acting on behalf of the third-party). We also reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive relief (as may be applicable).

WITHOUT LIMITING ANY PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO TAKE (IN OUR SOLE DISCRETION) ANY OF THE FOLLOWING ACTIONS (AT ANY TIME AND WITHOUT ANY NOTICE OR LIABILITY): (I) WE MAY DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY OR NO REASON (INCLUDING THE BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION; OR (II) WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT OR ANY CONTENT OR INFORMATION.

SECTION 30. GOVERNING LAW

These Terms of Use and your use of the Site are governed by, and must be construed and enforced in accordance with, the laws of the State of Oregon, excluding principles of conflict of law. You consent to and agree to submit to the jurisdiction of the courts of the State of Oregon, and you agree that those courts have personal jurisdiction over you and that proper venue is in Multnomah County, with respect to any action or claim that relates to or arises from your use of the Site or any transaction you may have with us.

SECTION 31. LIMITATIONS OF LIABILITY

IN NO EVENT WILL CORADINE OR OUR MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, OR ANY OTHER DAMAGES THAT RELATE TO OR ARISE FROM YOUR USE OF THE SITE OR ANY OF OUR PRODUCTS OR SERVICES (INCLUDING FLIGHT PLANNING, WEATHER SERVICES, OR NAVIGATION) OR ANY INFORMATION PROVIDED BY YOU, INCLUDING ANY LOSS OR DAMAGES OF ANY AIRCRAFT, VESSEL, OR OTHER PROPERTY OR OF ANY BODILY INJURY OR DEATH, OR ANY LOSS OR DAMAGES THAT RELATE TO OR ARISE FROM ANY WARRANTY, OBLIGATION, STRICT LIABILITY, OR TORT.

SECTION 32. INDEMNIFICATION

You must indemnify, defend, and hold Coradine and all of our owners, directors, officers, managers, employees, agents, successors, assigns, and insurers completely and forever harmless from and against any and all claims, liabilities, damages, costs, expenses, and attorneys’ fees (whether incurred at trial, on appeal, or otherwise) that relate to or arise from your (i) use of the Site, (ii) breach of any of these Terms of Use (including your representations, warranties, and covenants), (iii) negligence or reckless or intentional acts or omissions, (iv) failure to comply with any applicable law or regulation, (v) violation of the rights of a third-party, including intellectual property rights, (vi) harmful act toward any other user of the Site, or (vii) use of any of our products or services (including while operating any aircraft or vessel). Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of all claims. We will use reasonable efforts to notify you of any applicable claim, action, or proceeding that is subject to this indemnification (after we become aware of it). Your obligations regarding this indemnity all survive the termination of your account or your use of the Site or of our products or services.

SECTION 33. DISPUTE RESOLUTION

1. Binding Arbitration

You agree that all disputes that relate to or arise from these Terms of Use or the Site must promptly be submitted to mandatory mediation held in Portland, Oregon. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Multnomah County Circuit Court for the appointment of a mediator, and the judge’s selection of a mediator is binding on all parties. The parties must share equally (on a pro rata basis, based on the number of parties) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ fees. Every mediation must be completed within 2 months of the date on which the mediator is appointed. If, for any reason, the dispute is not resolved within 2 months, then the parties must promptly submit the dispute to binding arbitration held in Portland, Oregon, in accordance with the rules of the Arbitration Service of Portland, including the selection of an arbitrator. Judgment upon the arbitrator’s award may be entered by any party in Multnomah County Circuit Court. The judgment is final and binding on all parties and is not subject to any appeal by any party. The parties must share equally (on a pro rata basis, based on the number of parties) in all costs of the arbitration, including the arbitrator’s fees, but each party is solely responsible for its own attorneys’ fees. If, for any reason, any dispute proceeds in court rather than in arbitration, the dispute must be commenced and prosecuted in the state and federal courts located in Multnomah County, Oregon, and you consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such venue and jurisdiction. Any application of the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transaction Act (UCITA) are all excluded from these Terms of Use. YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

2. Restrictions

You agree that any arbitration is limited to the dispute between the parties and that to the fullest extent permitted by law (a) no arbitration may be joined with any other proceeding, (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize any class action procedures, (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons, (d) the mediation and the arbitration will be kept confidential and all related proceedings (including all pleadings, documents, testimony, and awards) must not be disclosed except as required by applicable law and regulations.

3. Exceptions to Arbitration

Notwithstanding the above provisions, you agree that the following disputes are not subject to binding arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, any of our intellectual property rights; (b) any dispute that is related to or arises from allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief (e.g., pre-arbitral attachments, provisional relief, or preliminary injunctions); (d) any action by federal, state, or local government agencies; and (e) any claims that may be brought in small claims court.

SECTION 34. MISCELLANEOUS

These Terms of Use and all policies and operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of the right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to anyone at any time, whether in connection with any business or contractual transaction or in equity or by operation of law. We are not responsible or liable for any loss, damage, injury, death, delay, or failure to act caused by any cause beyond our reasonable control, including public health emergencies, natural disasters, or civil unrest. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provision. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You waive all defenses based on the electronic form of these Terms of Use and the lack of signing by the parties to execute these Terms of Use.

SECTION 35. INTERPRETATION

The headings in these Terms of Use do not affect the interpretation of these Terms of Use. Plural terms refer to all members of the relevant class, and singular terms refer to any one or more members of the relevant class. “Or” is not exclusive or disjunctive in its meaning. “Herein,” “hereof,” “hereunder,” and similar terms refer to this Agreement as a whole and not merely to the specific paragraph where it appears. “Including” means “including, but not limited to”. All pronouns also include the masculine, feminine, and neuter pronoun forms.

SECTION 36. CONTACT US

To provide feedback, resolve a complaint, or receive further information, please contact us at info@coradine.com or at:

Coradine Aviation Systems, LLC
4039 N Mississippi Ave., Suite 301
Portland, OR 97227 USA
Copyright 2021 Coradine Aviation Systems, LLC. All Rights Reserved.
LogTen, and LogTen Pro© are registered trademarks of Coradine Aviation Systems, LLC.