READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THIS WEBSITE AND ITS ASSOCIATED PRODUCTS, TRAINING PROGRAMS OR OTHER SERVICES (the “Services”). All users of this website acknowledge and agree that, by accessing, paying for or using this website, or accessing purchasing, using or taking part in any of its associated Services, you create a binding contract with USI containing the following terms and conditions. If you do not agree to be legally and contractually bound by these terms and conditions, you are expressly prohibited from using this website or its associated Services.
Additionally, certain pages of this website may contain additional terms and conditions that govern particular features or offers (for example, promotions or contests). In the event that any of the terms and conditions contained herein conflict with such additional terms or other terms and guidelines contained within any particular page of this website, then the terms and conditions contained herein shall govern and control your access to and the use of this website or its associated Services.
Unmanned Safety Institute (“USI”) may, from time to time, modify, limit, discontinue or change the terms and conditions of use under which this website and its associated Services offered, including but not limited to the charges associated with the use of this website or its associated Services, without specific notice to you. The latest terms and conditions will be posted on this website and you are responsible for regularly reviewing these terms and conditions.
1. Personal and Non-Commercial Use Limitation
Unless otherwise specified, this website is for your personal and non-commercial use. Neither this website nor any portion of this website may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by USI. 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 website without express written permission of USI.
2. No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to USI that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website. Harassment in any manner or form on this website or through this website is strictly forbidden. Impersonation of others on this website is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
All of the content included in this website, including but not limited to text, graphics, logos, icons, images, audio or software, is copyrighted under United States or international copyright laws, or both, and is the property of USI, its content suppliers, or USI’s use thereof has been authorized or licensed by the owner of such content. The compilation of the content of this website is the exclusive property of USI and is protected by United States or international copyright laws, or both. Permission is granted to electronically copy and print hard-copy portions of this site for the sole purpose of placing an order with USI or purchasing Services sold by USI. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use and to register or to place an order with USI to purchase products or services sold by USI. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this website or to modify such materials in any way.
All trademarks, service marks and trade names used herein are to the intellectual property of USI or are licensed to USI. Such trademarks, service marks and trade names are protected by common law or federal trademark law, or both, and may not be used in violation of USI’s or any of its licensors’ rights.
5. Your Content
You retain full ownership rights to any content you post, upload and/or submit to the website, including, but not limited to, photographs, videos or text. You understand that USI does not guarantee the confidentiality of any content submitted to the website and other users may view such content.
By submitting content to the website, you hereby grant USI and its affiliates, officers, directors, employees, consultants, agents, partners, representatives, and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sub-licensable, and transferable license to use, reproduce, transmit, publicly display, distribute, edit, and make available for any purpose such content regardless of the form or medium. Specifically, USI may display your content in any order or orientation on the website. You understand and agree that the above license granted to USI terminates within a commercially reasonable time after your content is removed or deleted from the website. Also, you understand and agree that USI may (but it is not obligated to) keep archives of your content for the purpose of maintaining business records of USI and preserving evidence of its website activity.
6. User Payment Responsibilities
You are solely responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by USI. With respect to applicable taxes, USI will advise you of the exact amount of tax due, if any, on your purchase either at the time of your purchase or subsequently if it is determined that such tax is due. USI has no responsibility whatsoever for any miscalculation or omission by USI of applicable taxes, or the payment of such taxes, on any sale and you agree to pay such tax upon notice from USI or the applicable taxing authority.
7. Waiver of Liability
YOU ARE SOLELY RESPONSIBLE FOR ANY ACCIDENTS OR INCIDENTS THAT MAY OCCUR DURING THE OPERATION OF AN UNMANNED AIRCRAFT SYSTEM (“UAS”) OR DRONE WHILE UNDER YOUR CONTROL OR SUPERVISION. WITH REGARD TO ANY TRAINING PURCHASED, ACCESSED OR AVAILABLE ON THIS WEBSITE RELATING TO THE OPERATION OR FLYING OF AN UAS OR DRONE, YOU ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITY IS AN INHERENTLY HAZARDOUS AND DANGEROUS ACTIVITY. YOU FURTHER AGREE THAT THE OPERATION OF AN UAS OR DRONE IS PURELY A VOLUNTARY ACTIVITY THAT INVOLVES A RISK OF PROPERTY DAMAGE, SERIOUS BODILY INJURY OR DEATH, AND THAT YOU ASSUME AND ACCEPT RESPONSIBILITY FOR ANY AND ALL RISKS OF PROPERTY DAMAGE, INJURY OR DEATH WHILE PARTICIPATING IN SUCH ACTIVITY REGARDLESS OF ANY NEGLIGENCE ON THE PART OF USI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, PARTNERS, PARENTS, SUBSIDIARIES AND AFFILIATED ORGANIZATIONS. YOU AGREE NOT TO SUE USI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, LICENSORS, SUPPLIERS, PARTNERS, PARENTS, SUBSIDIARIES OR AFFILIATED CORPORATIONS, AND HEREBY RELEASE USI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, PARTNERS, PARENTS, SUBSIDIARIES AND AFFILIATED ORGANIZATIONS AND THEIR ASSIGNS FROM ANY LIABILITY TO YOU, YOUR PERSONAL REPRESENTATIVES, ESTATE, HEIRS, NEXT OF KIN, SUCCESSORS AND ASSIGNS, FOR ANY AND ALL CLAIMS AND CAUSES OF ACTION FOR LOSS OR DAMAGE OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH, THAT MAY RESULT FROM OR OCCUR DURING YOUR PARTICIPATION IN THE ACTIVITY OF OPERATING OR FLYING AN UAS OR DRONE WHETHER CAUSED BY THE NEGLIGENCE OF USI OR OTHERWISE.
8. Liability Disclaimer and Limitation of Liability
USI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ADEQUACY, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE OR INFORMATION, ASSOCIATED SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE FOR ANY PURPOSE. USI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER WHICH MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEBSITE AND ALL SUCH INFORMATION, ASSOCIATED SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, USI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS WEBSITE AND SUCH INFORMATION, ASSOCIATED SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
IN NO EVENT SHALL USI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS, SUCCESSORS AND ASSIGNS, PARENTS, SUBSIDIARIES OR AFFILIATED ORGANIZATIONS, OR ANY OTHER PARTY INVOLVED IN CREATING OR DISTRIBUTING THIS WEBSITE, OR CREATING OR PROVIDING ANY OF THE SERVICES AVAILABLE THROUGH THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR ITS ASSOCIATED SERVICES, WITH ANY DELAY OR INABILITY TO USE THIS WEBSITE OR ASSOCIATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, OR USE OR PROVISION OF ANY OF ITS ASSOCIATED SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THIS LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Limitation of Actions
Any cause of action or claim you may have with respect to this website including but not limited to any Services purchased or accessed through this website, must be commenced within one year after the claim or cause of action arises. Failure to assert said cause of action within one year will permanently bar any and all claims, actions, relief or recovery.
You agree to hold harmless, indemnify, and defend USI, its officers, directors, employees, agents, successors and assigns, licensors, suppliers, partners, parents, subsidiaries and affiliated organizations, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, invasion of privacy, personal injury, or death, that either directly or indirectly arise out of or are related to your use of this website, your use or provision of any Services purchased, accessed or available through this website, your reliance upon information or advice provided through this website, or in connection with any of the Services associated with this website, your violation of these terms and conditions, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local or state, national or international, or your violation of the rights of a third party.
Your obligation to defend USI, its officers, directors, employees, agents, successors and assigns, licensors, suppliers, partners, parents, subsidiaries and affiliated organizations, under these terms and conditions will not provide you with the right to control their defense, and USI, its officers, directors, employees, agents, successors and assigns, licensors, suppliers, partners, parents, subsidiaries and affiliated organizations, reserve the right to control their defense and choose their counsel regardless of your contractual requirement to defend and indemnify them.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the website in accordance with the stated terms and conditions. You hereby agree to supervise usage by, and be responsible for, the actions of any minors who use your computer to access this website and/or use any of its associated Services.
12. Links to Third Party Sites
USI reserves the right, in its sole discretion, to terminate or refuse your access to this website and the related Services, or any portion thereof, or to terminate your accounts or cancel orders at any time, without notice, if USI believes that your conduct violates the terms and conditions contained herein or applicable law or is harmful to the interests of USI or its other customers. The provisions relating to copyrights, trademarks, disclaimers, limitations of liability, and indemnification shall survive termination.
14. Governing Law
Your use of this website, and your use or provision of any Services purchased or accessed through this website, shall be governed in all respects by the laws of the State of Ohio of the United States of America without regard to conflicts of law principles, and not in any way by any U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website including but not limited to the Services purchased or accessed through this website, shall be in the state or federal courts located in Hamilton County, Ohio, and you agree not to commence any litigation relating thereto except in such courts. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use, this website, or any of the Services associated with this website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You acknowledge and agree that USI may assign its rights and duties under these terms and conditions to any party at any time without notice to you, and that you are prohibited from assigning your rights and obligations under these terms and conditions.
If any provision of these terms and conditions is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
These terms and conditions constitute the entire agreement between the parties with respect to the use of this website and its associated Services. You acknowledge and agree that no additional term or provision that may appear in any communication from you will bind USI.
18. No Waiver
USI’s failure to insist upon or enforce strict performance of any provisions of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. You understand and agree that no term or provision of these terms and conditions will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party charged with such waiver or consent.