RCAFPILOTS.COM TERMS AND CONDITIONS OF USE
24 FEB, 2014
YOU MUST ACCEPT THESE TERMS TO CONTINUE
1. Acceptance of Terms
The following are terms of a legal agreement between You, Your employee's, agents, affiliates and representatives (collectively "You" or "Your") and RCAFPilots.com on behalf of its owner, agents and affiliates (collectively "RCAFPilots.com"). By accessing, browsing and/or using the Services [as set out in section 5 of these Terms and Conditions of Use] of this site, You acknowledge that You have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. For greater clarity, even if You do not use the Services You acknowledge that You have read, understood and agree with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use while accessing or browsing the site. You further agree to be governed by any additional terms and conditions that may apply to You arising out Your accessing, browsing and/or using of this site, whether contained on this site or in a separate agreement with RCAFPilots.com. In the event of any conflict between these Terms and Conditions of Use and such additional terms and conditions, these Terms and Conditions of Use shall govern. RCAFPilots.com reserves the right, in its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this site without notice to You. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT VISIT, ACCESS, BROWSE OR OTHERWISE USE THIS SITE. YOU ACKNOWLEDGE THAT IS YOUR OBLIGATION UNDER THESE TERMS AND CONDITIONS OF USE TO CHECK THE TERMS AND CONDITIONS OF USE PERIODICALLY FOR CHANGES. YOU FURTHER ACKNOWLEDGE THAT YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
3. Third Party Information and Links
This site may
contain links to third party Web sites ("Linked Sites"), and may
incorporate information obtained from third parties ("Third Party
Information"). The Linked Sites and Third Party Information are not under
the control of RCAFPilots.com, and RCAFPilots.com is not responsible for the
contents of any Linked Site or Third Party Information, including without
limitation the accuracy, copyright compliance, legality, decency, links or any
other aspect of the Linked Sites or the Third Part Information. RCAFPilots.com
is not responsible for any form of transmission received from any Linked Site
nor is RCAFPilots.com responsible if the Linked Site is not working
appropriately. RCAFPilots.com provides such links and information to You only
as a convenience, and the inclusion of any link or Third Party Information does
not imply endorsement by RCAFPilots.com of the site or any association with its
operators. You are responsible for viewing and abiding by the privacy
Any dealings with third parties conducted through the site or Linked Sites, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and the third party. RCAFPilots.com shall not be responsible or liable for any part of any such dealings.
4. Your Use Obligations
consideration of Your use of any Services provided on the site, You agree to:
(a) provide true, accurate, current and complete information about Yourself
where prompted by the site (such information being the "Personal
Data") and (b) maintain and promptly update the Personal Data to keep it
true, accurate, current and complete. If You provide any information that is
untrue, inaccurate, not current or incomplete, or RCAFPilots.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, RCAFPilots.com has the right to suspend or terminate any Services
provided to You by RCAFPilots.com and refuse any and all current or future use
of RCAFPilots.com Services (or any portion thereof).
You are responsible for all activities undertaken by You using any service provided by RCAFPilots.com , including, without limitation, access to materials on the Internet (whether at a password protected site or not) and use of email. All such activities are at Your own risk. You shall not use, nor permit others to use, this site or any RCAFPilots.com Services provided through this site in a manner or for a purpose contrary to these Terms and Conditions of Use. In the event that You access other networks or computing resources, You agree to abide by their respective usage policies. You are responsible for all activities that occur under Your password or account, and will keep Your password(s) confidential. You will immediately notify us of any unauthorized use of Your password or account or any other breach of security. You will not disrupt the functioning of the site, solicit another user's password, or otherwise act in a way that interferes with other users' use of the site. Nor may You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.
Services provided by RCAFPilots.com are not intended for use by children. In the event that You, as a legal guardian, wish to allow Your child to use this site and/or any RCAFPilots.com Services, You acknowledge that Your child will have permission to access this entire site and any RCAFPilots.com Services, including the Services set out in section 5. You further acknowledge that, as the legal guardian, it is Your responsibility to determine whether use of the RCAFPilots.com Services and/or content transmitted through the RCAFPilots.com Services is appropriate for Your child.
RCAFPilots.com claims copyright of materials You provide to RCAFPilots.com. By posting, uploading, inputting, providing or submitting any such materials, You are granting RCAFPilots.com and any necessary sublicensees permission to use Your submitted materials in connection with the operation of its business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your submitted material; and to publish Your name and any contact information You approve of in connection with Your submitted material. You agree not to reproduce any material found on RCAFPilots.com. No compensation will be paid with respect to the use by RCAFPilots.com of Your submitted material, as provided herein. RCAFPilots.com is under no obligation to post or use any material You may provide and RCAFPilots.com may remove any such material at any time in its sole discretion and without notice to You. By posting, uploading, inputting, providing or submitting Your material You warrant and represent that You own or otherwise control all of the rights to Your material as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the material. Notwithstanding the foregoing, any suggestions, improvements or modifications to RCAFPilots.com products and Services ("Enhancements") made by You or anyone acting on Your behalf, including Your employees, will be the property of RCAFPilots.com without any further consideration to You, whether or not such Enhancements are incorporated into RCAFPilots.com products Services.
5. Services and Prohibited Uses of Services
not use this site and/or RCAFPilots.com Services in any manner which could
damage, disable, overburden, or impair this site and/or any RCAFPilots.com
Services (or the network(s) connected to such site or Services) or interfere
with any other party's use and enjoyment of this site and/or RCAFPilots.com
Services. You may not attempt to gain unauthorized access to this site and/or
any RCAFPilots.com Service, other accounts, computer systems or networks
connected to this site, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available to You through this site.
This site contains Services and/or other personal message or communication facilities designed to enable You to communicate information to others ("Services"). You agree to use the Services only to post, send and receive messages, to post thread comments and web content material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, You agree that when using a service, You will not:
· Use the Service in connection with Third party surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Falsely hold Yourself out as a current or former serving member of the Canadian Armed Forces or the armed forces organized by the government of another nation.
· Upload, post, email, transmit or otherwise make available any material that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
· Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
· Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Services, our network or telecommunication services.
· Advertise or offer to sell or buy any goods or services for any purpose except as provided in the forums of the website or under a contract of advertising with RCAFPilots.com.
· Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
· Restrict or inhibit any other user from using and enjoying the Services, or create an unusually large burden on the Services, such as by generating levels of traffic sufficient to impede others' ability to send or retrieve information.
· Violate any code of conduct or other guidelines which may be applicable for any particular Service as set out in the Directing Staff Regulations (the "Directing Staff Regulations") of RCAFPilots.com.
· Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information.
· Resell any of the Services or use the Services other than for Your own personal purposes. Without limiting the foregoing, You agree that You will not use the Services to provide Internet access or any other feature of the Services to any third party.
· Violate any applicable laws or regulations.
· Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or create a false identity to mislead others.
· Violate the applicable laws and principles relating to Operational Security, Communications Security and Personal Security as set out in the National Defence Act, the Security of Information Act and any other statute which, without limitation, deals with similar matters of information security.
RCAFPilots.com has no obligation to monitor the Services. However, RCAFPilots.com reserves the right to review materials posted to or sent through a Service and to remove any materials in its sole discretion. RCAFPilots.com further reserves the right to terminate Your access to any or all of the Services and this site at any time, without notice, for any reason whatsoever.
RCAFPilots.com reserves the right at all times to disclose any information as RCAFPilots.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RCAFPilots.com's sole discretion.
Always use caution when giving out any personally identifying information about Yourself or Your children in any Service. RCAFPilots.com does not control or endorse the content, messages or information found in any Service and, therefore, RCAFPilots.com specifically disclaims any liability with regard to the Services and any actions resulting from Your participation in any Service.
Materials uploaded to a Service may be subject to posted limitations on usage, reproduction, dissemination or other requirements. You are responsible for adhering to such limitations if You download the materials.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") posted to the RCAFPilots.com website by any users are the sole responsibility of those users. RCAFPilots.com does not guarantee the accuracy, copyright compliance, legality, integrity, quality, or decency of such Content. You acknowledge that posting Your name, contact information, and any personal information in any thread on the website places that information into a public forum and You agree to save RCAFPilots.com from all harm and liability as expressly set out these Terms and Conditions of Use.
6. Personal and Non-Commercial Use
Unless otherwise specified, the Services provided on this site are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.
7. International Use
As this web site may be accessed globally, if You choose to access this site from locations other than Canada You do so on Your own initiative and You are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which You reside. Notwithstanding the foregoing, RCAFPilots.com makes no representation that materials on this site are appropriate or available for use in locations outside of Canada and accessing them from territories where their contents are illegal is prohibited.
8. Use of Email and Personal Message Services
You agree that
RCAFPilots.com may establish limits concerning use of any Services (including
personal message services) offered on this site, including without limitation,
the maximum number of days that personal messages will be retained by the
Service, the maximum number of personal messages that may be sent from or
received by an account on the Service, the maximum size of a personal message
that may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on RCAFPilots.com servers on Your behalf, and
the maximum number of times and duration You may access the Service in a given
period of time.
You agree that RCAFPilots.com has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Service. You acknowledge that RCAFPilots.com reserves the right to delete accounts without notice to You that are inactive for an extended period of time.
RCAFPILOTS.COM MAKES NO WARRANTY THAT ANY SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
In addition to the terms and conditions set out herein, You agree that You: (a) will not continue to send email of any nature to a recipient if recipient has requested that You discontinue such communication; (b) will not forward or propagate chain letters of any type (including charity requests or petitions for signatures), whether or not the recipient wishes to receive such mailings; (c) will not intentionally flood a user, server, account or site with large or numerous email messages; and (d) will not forge header information.
RCAFPilots.com prohibits the use of accounts or network connections, to collect replies of messages sent from any another provider that violates these terms and conditions of use or those of the originating provider.
By making any purchase from RCAFPilots.com through this site, You agree to abide and be bound by the terms and conditions of RCAFPilots.com Terms and Conditions of Purchase, as applicable, along with any other terms and conditions that You agree to in the course of making Your purchase. You further agree that You will not make any purchase from this site without complying with all applicable laws and regulations, and You warrant that You will not make any purchases through this site where such purchase is prohibited by local laws. You acknowledge that all purchases made by You through this site are for Your internal or personal use only, and are not for resale or export.
11. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. RCAFPILOTS.COM HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, RCAFPILOTS.COM ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL RCAFPILOTS.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
SPECIFICALLY AGREE THAT RCAFPILOTS.COM SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH THIS SITE. YOU SPECIFICALLY AGREE THAT RCAFPILOTS.COM IS
NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY
AGREE THAT RCAFPILOTS.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE
SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL RCAFPILOTS.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT RCAFPILOTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless RCAFPilots.com from all claims and threatened claims, liabilities, damages of any kind including direct, indirect, special, consequential, compensatory, aggravated and punitive damages,costs and legal expenses (including attorney's fees), that arise from Your use or misuse of this site, including without limitation content sent or posted by You through the Services, Your connection to this site and/or RCAFPilots.com Services, Your non-compliance with these terms and conditions of use, or Your violation of any third-party rights. RCAFPilots.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with RCAFPilots.com in asserting any available defenses.
14. Content Submitted to RCAFPilots.com by You
uploading, inputting, providing or submitting any information or material to
this site to be used as web content, You consent to RCAFPilots.com collection
of such information, and You grant RCAFPilots.com permission to use such
submitted information in connection with the operation of this site, including,
without limitation, the worldwide, royalty-free rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat Your submitted information; and subject to Your written approval to
publish Your name and any contact information You in connection with Your
submitted information. Unless You expressly state otherwise, You warrant and
represent that You own or otherwise control all of the rights to any
information or material submitted by You to RCAFPilots.com through this site or
otherwise, including, without limitation, all the rights necessary for You to
provide, post, upload, input or submit Your submitted information. You
expressly agree not to remove the copyright statement from the work of any
Third Party for any information or material that You upload, input, provide or
submit to the RCAFPilots.com website. You further agree not to submit any
copyright works in any material form to RCAFPilots.com without the consent of
the owner or as otherwise permitted under the statutory and regulatory
provisions of the Copyright Act, R.S.C. 1985 as amended. No compensation will
be paid with respect to the use of Your submitted information. RCAFPilots.com
is under no obligation to post or use any information You may provide and
RCAFPilots.com may remove any such information at any time in its sole
discretion without notice to You. For greater certainty, RCAFPilots.com does
not claim ownership to any information that You may provide to RCAFPilots.com,
unless otherwise expressed in a written agreement between You and
RCAFPilots.com. Notwithstanding the foregoing, any Enhancements made by You or
anyone acting on Your behalf, including Your employees, will be the property of
RCAFPilots.com without any further consideration to You, whether or not such
Enhancements are incorporated into RCAFPilots.com products and Services.
15. Intellectual Property Rights
You agree that
You do not acquire any intellectual property or other proprietary rights,
including patents, designs, trademarks, copyright or trade-secrets, relating to
the contents of this site, including without limitation, software and
information, except as otherwise expressly specified in an appropriate license
or other mutually agreed upon, written agreement that You may have with
RCAFPilots.com. Any grants not expressly granted herein are reserved.
Contents of this site are © 2014 RCAFPilots.com unless expressly stated otherwise. All rights reserved.
16. Modifications to Services Provided
RCAFPilots.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Services (including email Services) provided through this site (or any part thereof) with or without notice, or in accordance with the terms of Your separate written agreement with RCAFPilots.com . You agree that RCAFPilots.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services.
17. Violation of Terms and Conditions of Use and Termination
(in RCAFPilots.com's sole discretion), RCAFPilots.com will advise You of any
inappropriate behaviour on Your part and any necessary corrective action.
However, if this site or any RCAFPilots.com Services are used in a way in which
RCAFPilots.com, in its sole discretion, deems to violate these terms and
conditions of use, RCAFPilots.com or its agent [the "Directing
Staff"] acting reasonably may take any responsible actions they deem
appropriate. Such action may include, but is not limited to, the procedures and
consequences set out in the Directing Staff Regulations, temporary or permanent
removal of content, filtering of Internet transmissions and the immediate
suspension or termination of all or any portion of the Services. You expressly
acknowledge and agree that RCAFPilots.com shall not be liable in any way for
any such responsive actions. The above-described actions are not
RCAFPilots.com's exclusive remedies and RCAFPilots.com may take any other
legal, equitable or technical action it deems appropriate.
RCAFPilots.com reserves the right to investigate suspected violations of these terms and conditions of use. You hereby authorize RCAFPilots.com to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these terms and conditions of use. Such cooperation may include RCAFPilots.com providing the username, IP address, or other identifying information about You. Upon termination of any account You may have with RCAFPilots.com, You authorize RCAFPilots.com to delete any files, programs, data and email messages associated with such account.
Notwithstanding the foregoing, RCAFPilots.com reserves the right, in its sole discretion, to terminate Your access to this site and RCAFPilots.com Services or any portion thereof, for any reason without notice.
You agree to the following:
All demands, notices, communications and reports required under these Terms
and Conditions of Use, including any notice of infringement of Your copyright,
shall be delivered to RCAFPilots.com at the address specified below:
e-mail: info [at] RCAFPilots.com
By visiting, accessing, browsing or otherwise using this site either by Yourself or through Your employee, agent, affiliate or representative, You acknowledge and expressly agree that it is Your responsibility to notify RCAFPilots.com within 30 days of Your intention to initiate or otherwise commence legal proceedings of any kind or nature directly concerning or involving the RCAFPilots.com website as a party in such proceedings. You further agree that You will contact RCAFPilots.com promptly upon Your discovery of any of the issues that may cause You to initiate any such legal proceedings.
You agree that prior to initiating or commencing any legal proceedings You will first contact RCAFPilots.com for the purpose of facilitating a reasonable settlement and that You will act reasonably in furtherance of any settlement discussions.
You agree that should You fail to comply with any of the notice or settlement provisions set out in this section, You will not attempt to hold RCAFPilots.com liable in any court or other legal proceedings for any costs and damage awards arising from Your breach of the notice and settlement provisions, including without limitation any attorney's fees and damage awards of any kind or nature.
The parties expressly agree that the time for the notice provisions set out in subsection (b) above will be stayed during any period of time that settlement discussions are ongoing. Notwithstanding the provisions set out in this section, You acknowledge that RCAFPilots.com may take the whatever steps deemed necessary to obtain relief from Your breach of these Terms and Conditions of Use, including injunctive and other equitable relief.
19. General Provisions
agreement is governed by the laws of the Province o fManitoba, Canada, without
regard to conflict of laws provisions, and You agree to submit to the exclusive
jurisdiction of the courts located in the Province o fManitoba, Canada. The
parties expressly agree that neither the United Nations Convention on Contracts
for the International Sale of Goods nor the Uniform Computer Information
Transactions Act shall apply to these terms and conditions of use or to any
contracts relating to goods or Services obtained through this site. No joint
venture, partnership, employment, or agency relationship exists between You and
RCAFPilots.com as a result of this agreement or use of this site and/or
RCAFPilots.com's Services. Performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of RCAFPilots.com's right to comply with governmental, court and law
enforcement requests or requirements relating to Your use of this site,
RCAFPilots.com Services or information provided to or gathered by
RCAFPilots.com with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between You and RCAFPilots.com with respect to
this site and RCAFPilots.com Services and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between You and RCAFPilots.com with respect to this site and RCAFPilots.com
Services. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. It is the express will of the parties that this
agreement and all related documents have been drawn up in English.