Terms and Conditions

This website and all related DLK Aviation websites and mini-sites, and the content contained within them, are owned by Little Bird Aviation d/b/a DLK Aviation. Your use of the website is expressly governed by the terms and conditions stated below (the “Terms of Use”). By using this website, you are agreeing to be bound, without limitation or qualification, by the Terms of Use and DLK Aviation’s separate Privacy Policy (www.dlkaviation.com/privacy).  If you do not agree with or do not want to be bound by the Terms of Use, you should not use this website or any of its pages or related DLK Aviation websites and mini-sites (collectively the “website”). Remember, any use of this website means that you are expressly agreeing to the Terms of Use.

Please also review our Privacy Policy which contains important information regarding the collection, use, disclosure and protection of your information.  Your agreement to these Terms of Use includes your agreement to our Privacy Policy, as well.   If there is a conflict between these Terms of Use and the Privacy Policy, the Privacy Policy shall have precedence with respect to the subject matter covered by it and the Terms of Use shall have precedence over general use of the DLK Aviation website.

Updating the Terms of Use. This website may be revised or updated at any time and without advance notice.  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 that you are aware of any changes, as they are binding on you.

Personal Use of Website. You are authorized to use this website for lawful purposes only. You are authorized to view and download (when available) single copies of materials on the website solely for your personal use, but not for commercial purposes. You are not authorized, without the prior written consent of DLK Aviation to modify, copy, download redistribute, retransmit, display, reproduce, publish, or sell any information, text, graphics, pictures, video, software products or services that this website may display or otherwise contain. You also expressly agree that you shall not, without the prior written consent of DLK Aviation, create a link from any other website to this website, nor otherwise affiliate yourself nor any other business, directly or indirectly, by inference with this website.

Prohibited Uses. You agree not to use the website:

• In      any way that violates any applicable federal, state, local or      international law or regulation (including, without limitation, any laws      regarding the export of data or software to and from the US or other      countries).
• For      the purpose of exploiting, harming or attempting to exploit or harm minors      in any way by exposing them to inappropriate content, asking for      personally identifiable information or otherwise.
• To      send, knowingly receive, upload, download, use or re-use any material      which does not comply with the standards set out in these Terms of Use.
• To      transmit, or procure the sending of, any advertising or promotional      material, including any “junk mail”, “chain letter” or “spam” or any other      similar solicitation. To impersonate or attempt to impersonate DLK      Aviation, a DLK Aviation employee, another user or any other person or      entity (including, without limitation, by using e-mail addresses      associated with any of the foregoing).
• To      engage in any other conduct that restricts or inhibits anyone’s use or      enjoyment of the website, or which, as determined by us, may harm DLK      Aviation or users of the website or expose them to liability.

Additionally, you agree not to:

• Use      the website in any manner that could disable, overburden, damage, or      impair the site or interfere with any other party’s use of the website,      including their ability to engage in real time activities through the      website.
• Use      any robot, spider or other automatic device, process or means to access      the website for any purpose, including monitoring or copying any of the      material on the website.
• Use      any manual process to monitor or copy any of the material on the website      or for any other unauthorized purpose without our prior written consent.
• Use      any device, software or routine that interferes with the proper working of      the website.
• Introduce      any viruses, trojan horses, worms, logic bombs or other material which is      malicious or technologically harmful.
• Attempt      to gain unauthorized access to, interfere with, damage or disrupt any      parts of the website, the server on which the website is stored, or any      server, computer or database connected to the website.
• Attack      the website via a denial-of-service attack or a distributed      denial-of-service attack.
• Otherwise      attempt to interfere with the proper working of the website.

Intellectual Property Rights. The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DLK Aviation, 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.

These Terms of Use permit you to use the website for your personal, non-commercial use only, unless permitted otherwise by a separate written agreement with DLK Aviation. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

• Your      computer may temporarily store copies of such materials in RAM incidental      to your accessing and viewing those materials.
• You      may store files that are automatically cached by your Web browser for      display enhancement purposes.
• You      may print or download one copy of a reasonable number of pages of the      website for your own personal, non-commercial use and not for further      reproduction, publication or distribution.
• If      we provide desktop, mobile or other applications for download, you may      download a single copy to your computer or mobile device solely for your      own personal, non-commercial use, provided you agree to be bound by our      end user license agreement for such applications.
• If      we provide social media features with certain content, you may take such      actions as are enabled by such features.

You agree not to:

• Modify      copies of any materials from this site.
• Use      any illustrations, photographs, video or audio sequences or any graphics      separately from the accompanying text.
• Delete      or alter any copyright, trademark or other proprietary rights notices from      copies of materials from this site.
• If      you wish to make any use of material on the website other than that set      out in this section, please address your request to: mac@dlkaviation.com. 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by DLK Aviation. Any use of the website not expressly permitted by these Terms of Use is a breach and may violate copyright, trademark and other laws.

Trademarks. The trademarks, logos, and service marks (the “Marks”) displayed upon the website are owned by DLK Aviation or third parties. You are prohibited from use of these Marks without the express written permission of DLK Aviation or the third-party owner.

User Forums.  At times, certain website pages and content will include “User Forums,” where  website users will have access to share certain content or questions.  The following terms and rules govern any DLK Aviation User Forum and/or the submission of any user content, questions, or data to the website in any manner.

1. DLK      Aviation does not prescreen information or questions submitted by users of      the User Forum (“Submissions”). DLK Aviation retains the right, but not      the responsibility, to edit or remove any Submission, including those      deemed by DLK Aviation to violate these Terms. DLK Aviation will make good      faith efforts to investigate allegations that Submissions violate the      Agreement but (a) makes no warranty to you that it will edit, remove, or      continue to permit the display of any specific Submission, whether or not      subject to such allegations, and (b) will have no liability whatsoever for      editing, removing, or continuing to permit the display of any Submission      whatsoever.
2. Your      use of any User Forum is at your own risk.
3. Code      of Conduct for Submissions. You      agree to the abide by the following code of conduct regarding your Submissions:
   • Stay on topic.      Any User Forum is there to help people use DLK Aviation’s products,       technologies, and services more effectively. Unless otherwise noted, do       not add Submissions about other topics. Your Submission should be within       the category identified on the User Forum. Constructive feedback about       product and/or service features is welcome as well.
   • Be polite and lawful. Everyone should feel comfortable reading Submissions       and participating in discussions. Do not include in your Submission or user       name any material that is libelous, defamatory, indecent, harmful,       harassing, intimidating, threatening, hateful, objectionable,       discriminatory, abusive, vulgar, obscene, pornographic, sexually       explicit, or offensive in a sexual, racial, cultural, or ethnic       context.
   By visiting the website and forum, you agree that       you will not use the website for any unlawful activity.
   • No advertising. Do       not use a User Forum to sell or market your products to others and do not       post a URL unless it directly answers a user’s question. If any portion       of your Submission, including any posted URL, results in any accrual of       compensation or benefit to you, you must note this in your post by       stating, “I may receive some form of compensation, financial or       otherwise, from my recommendation or link.” Your signature should NOT       include any link to a website.
   • Be original. Material       submitted must be your own work or work to which you have a license. You       warrant and represent that you own or otherwise control all of the rights       to the information contained in your Submission.

1. License      to Use Submission. By      sending a Submission to any User Forum you agree to grant DLK Aviation a      perpetual, royalty-free, non-exclusive worldwide right and license to use,      reproduce, modify, adapt, publish, translate, create derivative works      from, distribute, perform, play, make available to the public, and      exercise all copyright and publicity rights with respect to the      Submission. If your Submission includes any product or service suggestion      or new idea for the implementation of a feature or product by DLK Aviation,      you agree that: (1) your Submission and its contents will automatically      become licensed to and the property of DLK Aviation without any      compensation to you; (2) DLK Aviation may use, copy, modify, publish, or      redistribute the submission and its contents for any purpose and in any      way, including implementation in products or services; (3) there is no      obligation for DLK Aviation to review the Submission; and (4) there is no      obligation for DLK Aviation or any of its employees to keep the Submission      confidential. If you do not want to grant to DLK Aviation the rights set      out above, do not send your Submission to the Forum Site.
2. DLK      Aviation Takedown and Enforcement. DLK      Aviation reserves the right to delete or take down any Submission or      disable/take action against any User account, at any time, for any reason.
3. Idea      Submission Statement. Any      ideas, proposals and/or other information (whether by mail or through an      electronic medium) or collected on this website shall be considered      non-confidential and property of DLK Aviation. By submitting information      to this website, or directly to DLK Aviation, you agree that DLK Aviation shall      not be under any obligation of confidentiality or non-use, express or      implied, with respect to any information and DLK Aviation may disclose or      use any information for any purpose in any format (written or electronic)      whatsoever, at its sole discretion, with no obligation, express or      implied, to compensate or work with the person or entity that supplied the      information in any manner. The individual submitting such information      represents and warrants that it is their own work, they have all rights to      submit such information and it does not violate the intellectual property      rights of anyone.

Linking. Linking to this website is permissible only upon the prior written approval of DLK Aviation, provided that the link is only to the homepage; you do not remove or obscure, by framing or otherwise, the copyright notice in the website; and you provide notice of such link, and you discontinue providing the link if notified.  This website may contain links to other web sites and resources provided by third parties.  These links and resources are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources.  If you decide to access any of the third-party websites linked to this website or use any third-party resources, you do so entirely at your own risk and subject to the terms and conditions of use and privacy statements for such websites. DLK Aviation makes no representations, warrantees or other claims, and shall not be held liable for the content of such web sites.

Disclaimer of Warranties and Liability. DLK Aviation makes no representations about the accuracy, reliability, the completeness or timeliness of anything contained on the website or about the specific results to be obtained from using the website, nor any of the content or materials that can be downloaded from the website. This website may contain typographical errors or inaccuracies for which DLK Aviation shall have no liability. Any use of or reliance on the website, any downloaded materials, or statements contained in the website are being done at your own risk. You may rely only upon statements and representations contained in actual written contracts that you enter into with DLK Aviation. Materials outside of the contract, such as may be contained in this website, are not to be considered part of, inducement for, or given in reliance on, when you enter into any contract or agreement with DLK Aviation.

DLK AVIATION DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR WITHOUT OTHER PROBLEMS, NOR THAT THE HOST COMPUTER OR ANY OTHER COMPUTER RELATED TO THIS WEB SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS OR ATTRIBUTES. IF YOUR USE OF THE WEBSITE OR MATERIAL RESULTS IN DAMAGE TO YOUR EQUIPMENT, DLK AVIATION IS NOT LIABLE FOR REPLACEMENT EQUIPMENT, LOST PROFITS OR DATA, OR ANY OTHER COSTS ASSOCIATED WITH REPAIRING YOUR PROPERTY OR EQUIPMENT. DLK AVIATION MAKES NO WARRANTEES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, GRAPHICS, TEXTS, LINKS, SERVICES CONTAINED IN THIS WEBSITE, NOR ANY WARRANTY OF THE FITNESS FOR ANY PARTICULAR PURPOSE.  IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF ITS CONTENT IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO LEAVE AND NOT USE THE WEBSITE.  Neither DLK Aviation, nor any other party involved in the creating, producing or delivering of a User Forum, shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of this Forum Site.

Indemnification. You agree to defend, indemnify and hold harmless DLK Aviation, its affiliates, parent, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, but not limited to any use of the website’s content, services and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the website, or any content or data you may post on any DLK Aviation user forum.

Copyright and Trademark Notices. Many product names, taglines and logos are protected trademarks in U.S. Patent and Trademark Law and International Trademark and Intellectual Property Laws and Treaties. Unauthorized use of these trademarks is strictly prohibited. All other trademarks, company names or company logos, as used or referenced in the website, are the property of their respective owners.

All website design, text, layout, including articles, photos, product graphics, other graphics and content, and the selection and arrangement thereof are All Rights Reserved. You may not remove or obscure the copyright notice or other notices contained in the information or products retrieved from this website.

The entire contents of dlkaviation.com and website mini-sites are also copyrighted as a collective work under the United States copyright laws or by other information providers who have licensed their content for use on this website. You may not reproduce, republish or redistribute on any network material from this website without the written consent of DLK Aviation.

To obtain permission to reuse or republish electronically (or to download or otherwise copy) any material copyrighted by DLK Aviation, or if you believe that your copyright has been infringed, please contact mac@dlkaviation.com.

Governing Law and Jurisdiction. All matters relating to the website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

The venue for any action arising out of or relating to the website and these Terms of Use shall exclusively be in the state of Georgia and the parties exclusively consent to the jurisdiction of the courts of Cobb County in the State of Georgia, and the U.S. District Court, District of Georgia. The parties irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

Waiver and Severability. No waiver by DLK Aviation of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DLK Aviation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement. The Terms of Use constitute the sole and entire agreement between you and DLK Aviation with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

Your Comments and Concerns.

All other feedback, comments, requests for technical support and other communications relating to the website should be directed to: mac@dlkaviation.com.