Terms and Conditions of Use

The National Air Transportation Association (NATA) provides the information on this website subject to the Terms and Conditions of Use stated below. Please read this agreement carefully before accessing or using this website. By accessing and using this website, you agree to be bound by all the terms and conditions stated below.

TERMS AND CONDITIONS OF USE

YOUR ("YOU," "YOUR" OR "CUSTOMER") ACCESSING OR USING THIS WEBSITE (THE "SITE") CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF USE PROVIDED HEREIN (THE "TERMS"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DO NOT ACCESS OR USE THIS WEBSITE. NATA AND ITS AFFILIATES (AS DEFINED BELOW) (COLLECTIVELY, "NATA") MAY MODIFY THESE TERMS AT ANY TIME, AS WELL AS DISCONTINUE, WITHDRAW, REPLACE OR CHANGE ANY CONTENT OR SERVICES OFFERED VIA THIS SITE AND YOUR CONTINUED USE OF THE SITE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

NATA is a nonprofit trade association. As part of its tax-exempt purpose NATA provides training to promote safety (“Service”). NATA provides the information on this Site subject to the Terms stated below, which constitute an agreement ("Agreement") between NATA and you. Please read this Agreement carefully before accessing or using this Site.

In consideration of the mutual promises contained in the Agreement, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1.           The Site is designed and intended solely for informational purposes. The information on the Site is supplied "as is" without any warranty of accuracy or correctness. NATA provides no guarantee or warranty that it is reliable, complete, current or correct. The placement of information or a hypertext link in this Site should not be construed as an endorsement of the information or organization located at the hypertext link.

2.           NATA reserves the right to make changes to this Site and the terms and conditions which govern its use at any time by posting the revised version online on the Site, and your continued access and/or use of this website constitutes your acceptance of the then current version of these terms and conditions, including any changes thereto.

3.           NATA does not warrant or represent that the information on the Site is current, up to date, or applicable to the user.

4.           You understand and agree that NATA makes no claims regarding availability, uptime, or access to this Site

5.           User understands that any information sent to NATA over the Internet or by email is not confidential and may result in the public disclosure of any information sent.

6.           USER AGREES THAT NATA SHALL NOT BE LIABLE TO CUSTOMER OR ANY USER OR ANY FAMILY MEMBER OF USER OR ANY THIRD PARTY, AND AGREES TO HOLD NATA HARMLESS, WITH RESPECT TO ANY LOSS, DAMAGE OR EXPENSES INCURRED IN CONNECTION WITH USER'S USE OF THIS SITE.

ADDITIONAL TERMS AND CONDITIONS OF USE FOR CUSTOMERS

1. Services - Pursuant to the terms of this Agreement and all schedules, exhibits and invoices delivered in connection with this Agreement NATA will make this Site available to You and Your employees up to the limited number of access slots outlined in the most recent invoice.

2. Supplying Data to NATA - Prior to the commencement of NATA's provision of Services, Customer shall designate to NATA the name or names of one or more persons who shall serve as NATA's designated contact for the Services (the "Customer Contact"). Customer hereby represents and warrants to NATA that the Customer Contact has, and shall at all times have the requisite authority to (i) transmit information, directions and instructions on behalf of Customer and (ii) issue, execute, grant or provide any approvals (other than amendments to this Agreement), requests, notices or other communications required or permitted under this Agreement or requested by NATA in connection with the Services, including the acceptance of any and all price adjustments. Customer shall supply NATA with all of the necessary complete and accurate data and documentation to support the requested Services. If a shortfall in data or documentation occurs, Customer will provide the missing data to NATA.

3. Use of the Site- As a condition of your use of the Site, you represent, warrant and covenant to NATA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. By way of example, and not as a limitation, you agree that when using the Site and when submitting information via the Site, you will not:

o    Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

o    Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

o    Send viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

o    Send false or misleading information.

NATA shall have no obligation to monitor the usage of the Site. However, NATA reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. NATA reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. NATA further reserves the right at all times to disclose any information as 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 its sole discretion.

Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations. You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. "Mailbombing" (i.e., flooding the site with large or numerous e-mail messages) is prohibited.

 The Site may contain links to other third party websites ("Linked Sites") or frames of other third party website screens ("Framed Sites"). The Linked Sites and Framed Sites are not under NATA's control and NATA is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. NATA is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by NATA of the Linked Site or Framed Site or any association with or its operators.

You agree to defend, hold harmless, release and indemnify NATA from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content provided on this Site. You agree to release and hold NATA harmless from any claims relating to any action taken by NATA as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.

4. Invoicing and Payment for Services – NATA provides access to the site on a recurring annual subscription basis. Customer shall submit payment within thirty (30) days of receipt of invoice. Customer access to the site may be terminated if payment is not received within thirty (30) days of receipt of invoice. NATA may increase prices at any time. Customer agrees to pay 1.5% per month for all outstanding invoices. If Customer requests additional services not specified in this Agreement, and NATA agrees to provide such services, (i) such services will be subject to applicable terms of this Agreement, and (ii) unless otherwise agreed to in writing, Customer will pay NATA's then prevailing fees for such services. In addition, if any change in the implementation of the Services occurs that requires NATA to devote resources, expend time or otherwise incur costs not contemplated by this Agreement, Customer agrees to pay such additional costs as are required in accordance with NATA's standard change control policy. Except as expressly provided otherwise hereunder or as otherwise agreed to by NATA in writing, all payments are nonrefundable. 

5. Prohibition on Slot Swapping – NATA and Customer agree that a purchased slot is intended to be filled by an active employee throughout their employment with the customer. NATA and Customer also agree that intentionally suspending an active employee for the purposes of training another active employee without purchasing an additional slot is slot swapping and is prohibited by the agreement. Should NATA determine, at its sole discretion,  that slot swapping has or is occurring NATA will invoice Customer for the additional number of slots required for all active employee that received training and Customer agrees to pay that invoice within 30 days.

6. Confidential Information - All Confidential Information disclosed hereunder will remain the exclusive and confidential property of NATA. The receiving party will not disclose the Confidential Information of the NATA and will use at least the same degree of care in protecting the Confidential Information of the disclosing party as it uses with respect to its own confidential information. The receiving party will limit access to Confidential Information to its employees and advisors with a need to know and will instruct such employees and advisors to keep such information confidential. Notwithstanding the foregoing, the receiving party may disclose Confidential Information to the extent necessary to comply with any law, ruling, regulation or rule applicable to it or to the extent necessary to enforce its rights under this Agreement. In addition, NATA may also disclose Customer Confidential Information (i) to the extent that disclosure of such information is required to perform the Services, or (ii) as NATA deems necessary under any requirements of governmental data sources and consumer reporting agencies for which NATA is a reseller, or under applicable laws and regulations (including, without limitation, in connection with an audit or regulatory examination by a governmental authority). For purposes of this Section, "Confidential Information" shall mean: all information of a confidential or proprietary nature provided by the disclosing party to the receiving party for use in connection with the Services, but does not include (a) information that is already known by the receiving party without an obligation of confidentiality, (b) information that becomes generally available to the public other than as a result of disclosure by the receiving party in violation of this Agreement, and (c) information that becomes known to the receiving party from a source other than the disclosing party on a non-confidential basis. Confidential Information of NATA also includes the Guide and any NATA operating guidelines which may be provided hereunder and all trade secrets, processes, proprietary data, information or documentation related thereto of NATA and any pricing or product information furnished to Customer by NATA.

7. Termination - Either party may choose to terminate this Agreement for any reason by providing ten (10) days' advance written notification. NATA may also terminate this Agreement and your access and use of the Services, or suspend same at any time with or without advance written notice, with or without cause, and its total aggregate liability, if any, with respect thereto, shall not exceed the amount of any fees paid to NATA in advance for services not yet provided as of the effective date of termination. Termination of this Agreement does not relieve either party of the responsibilities and obligations outlined herein and in all Exhibits and attachments for any and all activity occurring prior to termination. Upon termination of this Agreement, all rights granted to Customer hereunder will become null and void, all materials provided by either party to the other hereunder will be returned promptly, Customer shall have no further right to access or use the Services, and NATA shall have no further duties or responsibilities to Customer with respect to the Services. Customer understands that any certifications, ratings and records of training will be voided upon termination of this agreement.

8. Negation of Liability/Warranty - NATA and its respective officers, directors, managers, employees, contractors or other representatives shall not be liable to Customer, or to any person claiming through Customer or to whom Customer may have provided service-related data for any loss or injury arising out of or caused in whole or in part by NATA' or any of its affiliates' or other third parties' services or in otherwise performing this Agreement. Customer acknowledges that every business decision involves the assumption of risk, and neither NATA nor third parties assume that risk in any manner. If notwithstanding the foregoing, liability can be imposed on NATA or a third party, then Customer agrees that NATA and/or third parties aggregate liability for any and all losses or injuries to customer arising out of any act or omission of NATA and/or third parties in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the equitable or legal right claimed to have been violated, shall never exceed all fees paid by Customer for specific services performed to which the claims relate during the previous three months. IN NO EVENT WILL NATA BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES IN CONNECTION WITH THE SCREENING SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Each of NATA and Customer will use reasonable efforts to mitigate any potential damages or other adverse consequences arising from or related to the Services. Nothing in this Agreement is intended to limit either party's obligation to mitigate damages.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NATA EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, NON-INTERRUPTION OF USE, AND FREEDOM FROM PROGRAM ERRORS WITH RESPECT TO THE SERVICES. 

NATA shall not be liable for any delay or failure to perform under this Agreement resulting, directly or indirectly, from strike, fire, war, insurrection, riot, power failure, telecommunications network system failures, congestion, delays or interruptions or a circumstance beyond NATA's reasonable control. In case of errors or lost data caused by power failure, mechanical difficulties with information storage and retrieval systems, or other events not attributable to its own negligence or willful misconduct, NATA's sole obligation will be to use its reasonable efforts to reconstruct any records maintained by NATA and to amend any reports prepared by it which may have been affected by such event, at its own expense.

9. Waiver and Amendment - The failure of either Customer or NATA to enforce at any time, or from time to time, any provisions of this Agreement shall not be construed as a waiver thereof. This Agreement may be amended only by a written agreement signed by both Parties which expressly amends or supersedes this Agreement. No waiver by NATA is valid unless given in writing signed by an authorized officer of NATA.

10. Validity of Terms, Arbitration, Choice of Law - If any term or provision of this Agreement shall be held void, illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions of the Agreement shall not be affected thereby. The prevailing party shall be entitled to payment from the other party of the prevailing party's reasonable attorneys' fees and costs in any action arising out of or from this Agreement. Both parties agree to submit any and all unresolved disputes or claims relating to this Agreement to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and hereby waive any other types of action, except that NATA may also seek injunctive relief, specific performance or other equitable relief without arbitration at any time by filing an action for same in a state or federal court of competent jurisdiction, including the courts located in the District of Columbia, and Customer hereby irrevocably consents and submits to personal jurisdiction in said courts with respect to such proceedings. This Agreement shall be construed and interpreted solely in accordance with the laws of the District of Columbia without resort to choice of law rule. Any such Arbitration shall be conducted in the District of Columbia.