Terms & Conditions

Last Updated: 2016-09-26

Acceptance of the Terms of Use

Welcome to the website of Universal Asset Management ("UAM" or "us" or "we"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use") govern your access to and use of the uaminc.com website (the "Website"), including any content, features, functionality, materials, information and Services (defined below) offered on or made available at 162.243.22.27 and subdomains of https://www.uaminc.com/ (individually, the "Content", and collectively with the Website, the "Website"), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By registering, accessing or using the Website, or by clicking "I accept" or "I agree" to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to all of these Terms of Use, you must click "I do not accept" or "I do not agree." If you do not accept or agree to the Terms of Use, you must not access or otherwise use the Website.

Changes to the Terms of Use

UAM may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Summary of Website

We provide a comprehensive aviation management system made available via our website at 162.243.22.27 and subdomains of https://www.uaminc.com/ (Website), which enables you to manage aviation assets (Services).

Account Security and Access

To access the Website or some of the resources it offers, you may be required to provide certain registration details or submit other information (collectively, "Registration Information"). It is a condition of your use of the Website that all of the Registration Information and any other information you provide on the Website is correct, current and complete. You represent and warrant that if you are an individual, you are at least 18 years old.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge and agree that your account is personal to you and you agree not to provide any other person or entity with access to this Website or portions of it using your user name, password or other security information. You agree to notify UAM immediately of any unauthorized access to or use of your user name or password, or any other breach of security.

UAM has the right to disable any user name or password, whether chosen by you or provided by UAM, at any time in its sole discretion for any or no reason. UAM further reserves the right to restrict your access to all or part of the Website at any time in its sole discretion for any or no reason.

UAM reserves the right to withdraw or amend this Website at any time in its sole discretion without notice to you. UAM shall not be liable to you or any third party if for any reason all or part of the Website is unavailable at any time or for any period.

Important Disclaimers Related to the Website

  • All real-time financial and reporting information and data provided on this Website is made available to provide you immediate access for your convenience only. The information and ata displayed on this Website is updated once every twenty-four hours, so the information and data you see in real time may be delayed, stale, inaccurate and untimely.
  • UAM expressly disclaims the accuracy, adequacy, completeness timeliness or usefulness of the Website or its Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its Content.

UAM Proprietary Rights

The Website and its Content, as well as all copyright, trademark and other rights therein, are owned by and are the property of UAM, its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights therein by using the Website.

You agree that you will not copy, store, create derivative works of, publically display, publish, reproduce, upload or download, post, transmit, distribute, sell or otherwise send to another via e-mail or any other medium any Content made available through any part of the Website. You further agree that you will not extract, summarize or reproduce any portion of the Website without the prior written consent of UAM.

If you print, copy, modify, download or otherwise use or provide any other person or entity access to any part of the Website in breach of the Terms of Use, your rights to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Nothing contained in these Terms of Use shall be construed as conferring any right, title or interest in or license to the Website or any Content on the Website. All rights not expressly granted are reserved by UAM.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Unauthorized use, reproduction or rebroadcast of any Content of our Website is prohibited and shall be considered an infringement and/or misappropriation of our proprietary rights. Modification of the Content or use of the Content made available through any part of the Website for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

Trademarks

The UAM logo, the UAM name and all related names, logos, product and service names, designs and slogans are trademarks of UAM or its affiliates or licensors. You must not use such marks without the prior written permission of UAM.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

  • assign or transfer any rights you have under these terms to any other person without getting our written agreement;
  • do anything that would damage or disrupt our website or a service or anyone else’s use of our website or a service;
  • sell any item, component, aircraft, asset to any person or company that (i) is a listed person under any United States, European Union, or United Nations export control or economic sanction and (ii) will at any time use, operate, transfer, sell or otherwise make available the Aircraft in violation of any applicable United States, European Union or United Nations export control or economic sanction. You acknowledge that in respect of its purchase, use, exportation or transfer of any item, product, service, asset, aircraft or other product acquired through use of this service, must be in compliance with the applicable Laws of all applicable jurisdictions after the acquisition date.
  • use our website or a service, including, without limitation, any communication tools available through the website such as Skype, any forum, chat room or message center:
    • to upload material or data in violation of any law (including to breach copyright or other intellectual property rights held by us or anyone else which you do not have the right to use);
    • to harvest, collect or store personally identifying information about other users of the Website or to otherwise invade anyone's privacy or disclose another person's personally identifiable information.
    • to send unwelcome communications of any kind to anyone (e.g. spam or chain letters);
    • to abuse, defame, threaten, stalk or harass anyone;
    • to publish, post, upload or distribute unsuitable, offensive, obscene or discriminatory information of any kind;
    • for running any network scanning software, spiders, spyware software, robots, open relay software or similar software;
    • to upload anything or otherwise introduce any viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else's, network or computer system;
    • for using any software or device which may hinder the services (like mail bombs, war dialing, pinging, etc.);
    • to attempt to gain unauthorized access to any services other than those to which you have been given express permission to access; or
    • for using a false identity to try to trick anyone for any reason.

Termination, Monitoring and Enforcement

We reserve the right to terminate or suspend your access to all or part of the Website at any time in our sole discretion for any reason or no reason. You agree that if your account is terminated by UAM for any reason or no reason, you will not attempt to establish a new account under any name, real or assumed.

We have the right to:

  • Monitor, delete, edit, remove or refuse to post any Content, in whole or in part, for any or no reason in our sole discretion without notice to you.
  • Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion.
  • Disclose your identity or other information about you to any third party who claims that material posted by you, or through your user name, violates a third party's rights, including its intellectual property rights or its right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD UAM AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Other Terms and Conditions Apply

Additional terms and conditions (the "Additional Terms"), also apply to specific portions, services or features of the Website. All such Additional Terms are hereby incorporated by this reference into these Terms of Use.

Links on the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. If you decide to access any of the third party websites linked on the Website, you do so entirely at your own risk and subject to the terms and conditions of use for each such website.

Changes to the Website

We may update the Content on the Website from time to time. Any of the Content on the Website may be out of date at any given time. UAM is under no obligation to update such Content.

Privacy Policy

All the information we collect on the Website is subject to our Privacy Policy, found at https://www.uaminc.com//privacy.html. By using the Website, you agree that all information you provide to register with the Website or otherwise post to the Website is governed by our Privacy Policy, and you consent to all actions UAM takes with respect to your information consistent with our Privacy Policy.

Disclaimer of Warranties

All real-time financial and reporting data provided on this Website is made available to provide you immediate access for your convenience only. The Content displayed on this Website is updated once every twenty-four hours, so the Content you see in real time may be delayed, stale, inaccurate and untimely.

YOUR USE OF THE PORTAL, ITS CONTENT AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PORTAL IS ENTIRELY AT YOUR OWN RISK. THE PORTAL, ITS CONTENT AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PORTAL ARE PROVIDED ON AN "as is" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, UAM disclaims all warranties, express or implied, including but not limited to implied warranties of title, non‑infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy, SECURITY, RELIABILITY, QUALITY, timeliness, performance, availability or completeness of THE PORTAL, ITS CONTENT OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PORTAL.

WITHOUT LIMITING THE FOREGOING, NEITHER uam NOR ANY PERSON OR ENTITY ASSOCIATED WITH UAM REPRESENTS OR WARRANTS THAT THE PORTAL, ITS CONTENT, OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE PORTAL OR THE SERVER THAT MAKES THE PORTAL AVAILABLE WILL BE CORRECTED; THAT THE PORTAL OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE PORTAL, ITS CONSENTS, OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

In no event will UAM be liable for any special, directed, indirect, incidental, consequential, EXEMPLARY OR PUNITIVE damages, LOSs of PROFITS, loss of revenue, loss of business, loss of data OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY arising out of or in connection with youR usE OF, OR INABILITY TO USE, the PORTAL, any content on the portal or any services or INFORMATION obtained through the portal, even if WE haVE been advised of the possibility of such damages.

UAM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PORTAL OR ANY SERVICES OBTAINED THROUGH THE PORTAL OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT.

SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold UAM, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, members, employees, contractors,agents, licensors, successors and assignees harmless from and against any and all liabilities,claims, damages, losses, judgments, awards, costs (including reasonable attorneys' fees) orother expenses arising out of or relating to: (a) your violation of these Terms of Use; (b) your use of the Website; (c) the actual or alleged infringement of any of our or any third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using the Website in any manner not authorized by us; (d) any Content submitted by you; or (e) your use of any Content obtained from the Website.

Force Majeure

Under no circumstances shall UAM be held liable to you for any delay or failure in performance or other default or damage under these Terms of Use where such delay, failure or other default or damage has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties or any other cause beyond our control.

Your Representations

You represent and warrant that you:

  • Have carefully read, reviewed and are familiar with these Terms of Use and have provided complete and accurate Registration Information and other such information;
  • Have had a full and fair opportunity to receive the advice of your own legal counsel, accountants and other advisors with respect to your participation in the Website;

Governing Law; Choice of Venue

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of laws provision or rule.

Any legal suit, action or proceeding arising out of, or related to, the Website or these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Memphis, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You and we waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such legal suit, action or proceeding.

Entire Agreement

Terms of Use, Privacy Policy, and any Additional Terms represent the sole and entire agreement between you and UAM relating to your use of the Website, and supersede any and all prior or contemporaneous agreements, understandings, representations and warranties, whether written or oral, on that subject between us.

Severability

If any term or condition contained in these Terms of Use is, becomes, or is deemed invalid, illegal or unenforceable for any reason, you acknowledge and agree that: (a) such invalidity, illegality or unenforceability shall not affect any other term or condition of these Terms of Use, (b) the remaining terms, covenants and conditions hereof shall remain in full force and effect, and (c) any court of competent jurisdiction may so modify the invalid, illegal or unenforceable provision as to make it valid and enforceable, but such modification shall not affect the validity, legality or enforceability of any of the terms or conditions of these Terms of Use in any other jurisdiction.

Waiver

No waiver by UAM of any breach or default by you under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default by you. UAM reserves all legal rights and remedies available to it.

Your Comments and Legal Notices

All feedback, comments, legal notices, requests for technical support and other communications relating to the Website should be directed to: uam@uaminc.com.



BY CLICKING ON THE "ACCEPT" OR "AGREE" BUTTON, YOU ARE SIGNING THESE TERMS OF USE ELECTRONICALLY. YOU AGREE YOUR ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THESE TERMS OF USE. BY CLICKING ON THE "ACCEPT" OR "AGREE" BUTTON, YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE IN THEIR ENTIRETY, (B) YOU AGREE TO BE BOUND BY THESE TERMS OF USE, (C) THE INDIVIDUAL CLICKING HAS THE REQUISITE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THESE TERMS OF USE ON BEHALF OF YOU, AND (D) BY SO CLICKING, THESE TERMS OF USE CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.