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RESOURCES: Terms of Service Agreement (TOS)

Terms of Service (TOS)
Your use of our company services, website, website services, digital media, DVD course files and content, on-line training/instruction, training materials, or website software constitutes your specific agreement to comply with and be bound by the terms of service outlined herein. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE OUR SERVICES, WEBSITE, WEBSITE SERVICES, DIGITAL MEDIA, ON-LINE TRAINING OR INSTRUCTION, TRAINING MATERIALS OR WEBSITE SOFTWARE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

The Parties
The following terms - “Shelle Aviation”, “we”, “us”, or “our”, herein after refers to “Shelle Aviation” or “ShelleAviation.com”. The terms - “Student”, "client", “user” or “you” refers to the user or viewer of our company services, website, website services, digital media, DVD course files and content, on-line training/instruction, training materials, or website software.

Acceptance
You agree to the terms and conditions outlined in this Terms of Service Agreement (“TOS”) with respect to our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials. We may amend this TOS at any time without notice to you, the most recent version will be posted on our website where you should check periodically to view any updates.

Any violation of this TOS will terminate the "Good Standing" status a user or student may have, and will result in the immediate termination of such persons access to any and all class sessions, study guides, materials and instruction etc., and or any other rights claimed by such persons regarding any existing, planned, or contracted agreements for services or goods, and will also indemnify us from any recourse or remedy, legal or otherwise, on the part of such persons. Any such violation will not establish or infer any responsibility or liability on the part of Shelle Aviation to provide such persons with any sort of refund or remedy for such termination.

You agree that Shelle Aviation’s liability in all such cases is wholly limited to the good faith attempt on the part of Shelle Aviation to ensure the accuracy of violations that result in the revocation or termination of the "Good Standing" status a user or student holds.       

Copyright
All content of our website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials is protected under applicable intellectual property, copyright, trademark and other proprietary rights law. Copying, recording, redistributing, publishing, or any unauthorized use of any portion of our website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials is strictly prohibited, and are prosecutable offenses.

Limited License
We grant you a terminable, at-will, non-exclusive, non-transferable, revocable license to access and use our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, in accordance with these TOS, all solely for your personal, non-commercial use. No printed, electronic version, recorded version or any other media version of any portion of our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials may be used by you, in any litigation or arbitration whatsoever, under any circumstances.

Restrictions/Prohibitions
Your license to access or use our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, images, files, or any course materials provided to you or for your viewing, or contained therein, are subject to the following restrictions and prohibitions:

You may not copy, record, print, publish, re-publish, share, disseminate, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means any portion or portions of our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, in any media presently used or developed in the future; create derivative works of any kind from them; make any portion of them available through any technology presently in use or developed in the future; reverse engineer or disassemble any of them; use any method to discover or determine our website architecture or digital media architecture to include DVD Course files and content, on-line training/instruction or internet broadcasts; use any process to harvest information from our website, web based training classes or digital media to include DVD Course files and content; use our website to gather information for transmitting email; email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; unsolicited telephone calls or facsimile transmissions; use our company services or website in any manner that violates any state or federal law or any export laws or regulations of the United States of America.

Attending an On-Line Class requires that your computer, you and no others be located in a private room free of noise and distractions, this prevents any disruption of the class, and ensures that the viewing of, or participation in such classes remains restricted to "Registered Students". Failure to comply with this requirement may result in the loss of "Good Standing" status of the student.

Original DVD-AMG/AMA/AMP computer exam study and sample test materials, are typically provided to students for a period 26-30 days, after which they are expired. Re-issuance of these materials will only be provided for each unique failure of a certification exam by a student, who provides a copy of each unique failed Computer Test Report, to take advantage of our guarantee. Original DVD-O&P study guide and research assignment files, and all e-copies of manuals, orders, and regulations, are typically provided to students for the one year period imediately following their original purchase, after which they are expired. Replacement of these materials is only available via purchase. Contact us and we will direct you to the secure payment page, where you can place the replacement order.

Document Submission Requirements (Call us to obtain the email address for document submission.)
You agree that to retain Good Standing status while enrolled/participating in our classes, requires that you provide legible copies of documentation as follows;
A. Prior to tuition payment; (1) Complete and submit the "Form" cited in the red numbered steps for enrollment on the tuition payment page, (2) Email to us a copy of the front side of one of your signed FAA Form 8610-2's which contains the signatures.
B. Within 3 days of tuition payment; (1) Complete, sign, scan/photo, and return to us via email the Standard Waiver we email to you.
C. During class; (1) Scan/photo and email us a copy of each of your computer test reports that record your test scores, within 24 hours of completing each exam, (2) Complete and submit the student critique provided during class.
D. After class; (1) Upon completion of your Oral & Practical exam scan/photo and email us a copy of your Temporary FAA License issued by the Examiner.

Advertisers
Our website may contain advertising/sponsorships, those individual advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on our website is accurate and complies with all applicable laws. We are not responsible for the legal or illegal nature of, any errors, inaccuracies or usability of any advertiser or sponsor materials.

Registration/Purchase
Certain company services and sections of our website require paid registration. If you register you agree to provide us with complete and accurate registration information. Each registration is for the personal use of the registrant ONLY, during a valid class enrollment. We do not permit any other user, person or entity access to, viewing of, or use of the registered sections with your user information, such unauthorized use is strictly prohibited. You are responsible for preventing such unauthorized use.

Errors, Corrections and Changes
We do not represent or warrant that our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or website software will be free of errors, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available via our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials will be correct, accurate, timely or otherwise reliable. We reserve the right to use our discretion to modify, delete, or expire any content or information within our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or website software at any time. All content is provided “AS IS”, we disclaim any warranty of the content provided. We consistently attempt to provide users with accurate information and content available through these medium. However, no information or content provided is intended to represent, or constitute legal advice, or actual agency regulations.

Third Party Content
We assume no liability or responsibility for any inaccuracies, omissions, or misrepresentations, or any other form of content in the website or any distributed media. You understand that the information and opinions of any third party content therein represents the author and is not necessarily endorsed by us.

Content
The content provided, via our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or website software is done so “as is” without warranty of any kind. We make no warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein. We accept no liability or responsibility for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The user assumes the entire risk for the results and performance of the content. We make no representations or warranties, either expressly or implied including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. In no event shall we be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use. Material contained in the content may not be recorded, duplicated or redistributed without the prior written consent of us and or the copyright holder.

Unlawful Activity
We reserve the right to investigate suspicious activity, complaints, or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification
You agree to indemnify, and hold Shelle Aviation, any partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or website software.

Non-transferable
Your right to use our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or website software is not transferable or assignable, any user ID, password, or right given to you to obtain access, information, training or documents is not transferable or assignable, ever, under any circumstances. 

Disclaimer
All content and information provided via our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or website software are provided “AS IS” with no express or implied warranty. We and our affiliated parties have no liability whatsoever for your use of any information or service therein, and are not liable for any indirect, special, incidental, or consequential damages, including damages for loss of business, profits, litigation, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and us. This website and the products, services, training, on-line training/instruction, documents, digital media, DVD course files and content, content, and information presented would not be provided without such limitations. No advice or information, oral or written, obtained by you from us through the website or otherwise shall create any warranty, representation, or guarantee not expressly stated in this TOS Agreement. All responsibility or liability for any damages caused by viruses or malicious software contained within any media, electronic file, or communication with us, for any use, whether for the use of or containing a form or a document or otherwise, is disclaimed.

Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from any errors in or omissions from our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or website software, or any services or products obtainable there from, the unavailability or interruption of the website, on-line training classes, or any features thereof, your use of our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or website software, the contents contained therein, or any delay or failure in such services, or performance beyond our control. OUR LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, WEB BASED TRAINING, OUR SERVICES, MEDIA, AND/OR THE CONTENT, INFORMATION, PRODUCTS, DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.

Use of Information, Graphics, Images or Recordings Derived There from
By using our company services, website, website services, digital media, DVD course files and content, on-line training/instruction, training materials, or website software, you automatically grant, represent and warrant that you have the right to grant us an irrevocable, perpetual, fully paid, worldwide, non-exclusive, transferable license. This license give us the right, to the use and assignment of all information, images, student images, and image recordings occurring during class participation or attendance, whether on-line or on-site, website uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, images, classroom Images, in-class student images or recordings derived there from, or any other information communicated by you to us will forever be our property. We will not be required to treat any such information as confidential, and will not be liable for any ideas, product, service, or advertising ideas and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to such information and recordings of every kind and nature everywhere. We will be entitled to use such information and recordings for any commercial or other purpose whatsoever, to include but not limited to copy, perform, display, and distribute such information for advertising, product or service promotion, without compensation to you or any other person providing such information, and to prepare derivative works of, or incorporate into other works, such information. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for your appearance, messages, including its legality, reliability, appropriateness, originality, and copyright.

In compliance with the Children's Online Privacy Protection Act of 1998, ShelleAviation.com does not accept registrations from those less than 18 years of age. By registering with ShelleAviation.com, you represent that you are at least 18 years old.

Third-Party Services (To Include Testing Centers and Examiners)
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise, including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from transactions between you and Merchants, or for any information or content of a Merchants web site, or any other website linked either to or from our website. Students pay test fees directly to testing centers or examiners.

Privacy Policy
Our Privacy Policy, which may be updated periodically without specific notice you, is included as a part of this TOS Agreement, and should be reviewed periodically by you.

Payments
You represent and warrant that if you are purchasing something from us or from Merchants that any credit information you supply is true and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including any applicable taxes. Students pay test/examination fees directly to testing centers or examiners, they are not included in the tuition.

Website Links
Our website may contain links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Publicity/Press Release
Our website may contain information or articles about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of any of our Services, Website, Website Services, Training/Instruction and the Content and Materials provided therein.

Refund/Return Policy
We will refund your purchase price of Class Tuition, within 30 days of receiving your refund request in writing if; such notice is received by us no later than 12:00 PM, MT (Mountain Time) on the Registration Deadline date of the course you originally enrolled in; and you have returned to us unopened and unused, any course materials or training materials you were provided, that the refund request is for. No refund of any kind will be made if any of the training materials we provide are not returned, or upon being returned are found to have been damaged, opened, or used.

Refunds are not available for Class Tuition after the applicable original Registration Deadline date (15 days prior to class start date for On-Line Classes, or 30 days prior to class start date for On-Site Classes) has passed. Refunds are not available for Replacement DVD Materials.

As an alternative to providing refunds after the applicable Registration Deadline date;
Students unable to attend their original On-Line or On-Site class dates, whose class materials have not yet been shipped to them, will automatically retain a “Pre-Registered” status for a period of one year from date of their original enrollment.

Students unable to attend their original On-Line or On-Site class dates, whose class materials have already been shipped to them, may retain a “Pre-Registered” status for a period of one year from date of their original enrollment if; (1) The student notifies us via email of their request to delay, (2) The student returns all class materials immediately, using overnight postal or shipping services, (3) The student contacts us by telephone to obtain the specific deadline for the return of those materials which must typically reach our offices within three business days from the delay request. Providing these conditions are met the student will be allowed to delay their attendance, and will be shipped new class materials for the subsequent class date they select which must take place within the one year guarantee period from their original enrollment. If these conditions are not met the student will be considered to have forfeited their "Good Standing" status.

Pre-Registered Status means the student will automatically be Pre-Registered, and may attend a subsequent On-Line Class that actually takes place during the one year guarantee period following their original enrollment. Simply notify us by the registration deadline of the subsequent class you select, which must still have a seat available.

If a student is determined by us to have lost their "Good Standing" status, this will represent a material breach in the agreement between Shelle Aviation and the particular student, in such cases there will be no refund of any kind.

Guarantee
If you fail an exam from one of our classes, receive additional training FREE by attending a subsequent class occurring within 1 year of your original purchase. Simply notify us prior to the registration deadline of the subsequent On-Line class you select, which must have an available seat. Such additional/subsequent training, media, materials, or services are only available via On-Line Class sessions. All additional/subsequent training, media, materials, or services must; occur within 1 year of your original purchase date, and must be completed during that one year period. Under no circumstances will we provide, or be obligated to provide any; original, remedial, or replacement; training, media, materials, or services to anyone, beyond the one year period from the original purchase date.

Miscellaneous
This Agreement shall be treated as though it were executed and performed in Salt Lake City, Utah and shall be governed by and construed in accordance with the laws of the State of Utah (without regard to conflict of law principles). Any cause of action by you with respect to our company services, website  (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in existing Utah Statutes. The language in this TOS Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This TOS Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with our website is in conflict or inconsistent with this TOS Agreement, this TOS Agreement shall take precedence. Our failure to enforce any provision of this TOS Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this TOS Agreement shall survive any termination of this TOS Agreement. The title, headings and captions of this TOS Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

Arbitration
Any legal controversy or legal claim arising out of or relating to this TOS Agreement or our services, excluding legal action taken by us relating to website operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules applicable at the time the arbitration commences. The arbitration shall be conducted in Salt Lake City, Utah. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs.

Termination
You agree that Shelle Aviation, in its sole discretion, may terminate your "Good Standing" status without limitation, if Shelle Aviation in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this TOS Agreement, or that you are a repeat abuser of intellectual property rights. You agree that any such termination may be effected without prior notice to you, and acknowledge and agree that Shelle Aviation may immediately deactivate or delete your account and/or that you may be prevented from any further access to; company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials. Further, you agree that Shelle Aviation shall not be liable to you or any third-party for any such termination of your access to our company services, website, website services, digital media, DVD Course files and content, On-Line training/instruction, or training materials, or content thereof.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

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