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TERMS OF USE | THE DRONE COACH LLC
Updated: May 25, 2018

This website known as thedronecoach.com and content (“Website”) is owned and operated by The Drone Coach LLC. The Drone Coach has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

Please read this Agreement carefully before accessing, paying form or using the Website and associated services. By accessing or using the Website, you agree to be bound by the terms and conditions of this agreement. The Drone Coach may occasionally in its sole and absolute discretion modify, limit, change, discontinue, or replace this Website or the Agreement. In the event The Drone Coach modifies, limits, changes, or replaces the Website or this agreement, your use of the Website after said modification, limitation, change, or replacement constitutes your manifestation of assent to the modification, limitation, change, or replacement.

About the Website
You warrant and represent that any and all information that you provide to The Drone Coach and the Website is accurate and valid. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Website. You represent and warrant that you own or have the necessary licenses, rights, and permissions to publish content you submit to the Website. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and The Drone Coach makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

Ownership of Website and License
Excluding your content, you acknowledge and agree that The Drone Coach is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of The Drone Coach.

The Drone Coach hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. If you download software from the Website, the software, including all files and images contained in or generated by the Software, and accompanying data are deemed to be licensed to you by The Drone Coach, for your personal, non-commercial use only. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from The Drone Coach, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to The Drone Coach.

Trademarks
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all The Drone Coach marks are the property of The Drone Coach, including, but not limited to THE DRONE COACH, and all The Drone Coach’s logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of The Drone Coach. You are prohibited from using The Drone Coach’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of The Drone Coach.

Money Back Guarantee
Should a Student fail the FAA Airman’s Knowledge Test, The Drone Coach provides Students with the option of a money back guarantee.  If a Student requests a refund from The Drone Coach, the Student must provide a scanned copy of the embossed FAILED certificate the Student will receive from the FAA-approved testing center, and email the scanned copy to [email protected] within 10 business days of failing the exam.  SMARTPHONE SNAPSHOTS OF THE FAILED EXAM CERTIFICATE WILL NOT BE ACCEPTED. Once The Drone Coach receives a copy of the Student’s official failed certificate, The Drone Coach will issue a refund within 10 business days for the full amount of $107.00.  Issuance of refund to student will immediately revoke Student’s account and profile and course material access will be terminated.  However, it is The Drone Coach’s desire to help all Students pass the FAA Airman’s Knowledge Test, and we encourage Students to remain enrolled in our classes for continue support from The Drone Coach LLC so Student may continue accessing all online course material.  Should a Student fail the FAA Part 107, Student may also send us the FAILED certificate and we will be happy to personally coach the student.

Account Registration, Payment, Termination
To use The Drone Coach ’s services and/or to receive content from TheDroneCoach.com, you must provide your email address. To register an account and create a user profile, you agree to complete the required information. Upon registration, you agree to review The Drone Coach’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. The Drone Coach does not endorse you or discriminate based upon any information provided by you or made available for population of your user profile.

Some products and services offered by The Drone Coach, such as online training courses, require payment. For these products and services, The Drone Coach charges and collects fees in advance of you obtaining access. All costs and fees are quoted and payable in United States Dollars and are subject to change. The fee-based online training courses are all managed by the Learning Management System (LMS) Teachable. Payment is processed through a third-party payment processor, PayPal or Stripe. It is your sole responsibility to review and comply with all Terms and Policies of any third parties. You agree to pay all applicable taxes, duties, levies or charges imposed by any governmental entity anywhere in the world. You understand and agree that The Drone Coach will not be held liable for any user’s failure to use the services or to complete a transaction entered into through the Website.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through you’re a\account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. The Drone Coach reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.

The Website receives data from third-party software systems. You are responsible for communicating any changes in data structure, management system, or hardware upgrades that may impact The Drone Coach ’s ability to receive and process your content. In addition, you are responsible for providing The Drone Coach with accurate instructions and information regarding the third-party systems and databases with which the Website will interface, and you bear all responsibility for incomplete, inaccurate or otherwise faulty information regarding third party systems and databases belonging to you as conveyed to The Drone Coach in connection with set up or maintenance of The Drone Coach’s Website and services.

The Drone Coach may change any terms and conditions regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement.

If you cancel your account or stop using The Drone Coach’s products or services, The Drone Coach is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. The Drone Coach is under no obligation to provide you with the data associated with your account and/or user profile(s) after cancelation of your account, except as otherwise provided in the Privacy Policy. The Drone Coach recommends that you maintain your own backup of account and user profile data.

You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your account and all associated user profiles. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact The Drone Coach immediately. You agree to hold harmless and indemnify The Drone Coach for any damages that arise out of or in relationship to the use of your account.

By creating an account and/or providing your email address, you agree that The Drone Coach and its designees and agents, may contact you by any available means, including, but not limited to, by email.

Prohibited Uses
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website. Specifically, you are prohibited from, without limitation:

  • Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
  • Suggesting an affiliation with or endorsement by The Drone Coach;
  • Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
  • Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  • Circumventing The Drone Coach’s technological or security protection mechanisms;
  • Using a script, robot, spider, scraper, or other automated technology to access the Website;
  • Attempting to gain access to the private data or personal information of a user of the Website or a third party;
  • Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
  • Harassing and/or stalking a third party through your use of the Website;
  • Impersonating another or creating multiple alias accounts;
  • Using the Website in furtherance of any unlawful sexual solicitation;
  • Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  • Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
  • Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;
  • Posting or transmitting content that incites any illegal activity;
  • Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; or
  • Posting or transmitting content that violates any term or condition of this Agreement.

Your violation of any term or condition of this section may result in the immediate termination of your registration account and profile and the disabling of your access to the Website.

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, and text. You understand that The Drone Coach 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 The Drone Coach and its affiliates, officers, directors, employee, consultants, agents, 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 regardless of the form or medium. Specifically, The Drone Coach may display your content in any order or orientation on the Website. You understand and agrees that the above license granted to The Drone Coach terminates within a commercially reasonable time after your content is removed or deleted from the Website. Also, your understand and agrees that The Drone Coach may (but is not obligated to) keep archives of your content for the purpose of maintaining business records of The Drone Coach and preserving evidence of its Website activity.

Further, you agree that the content submitted to the Website will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless the you have permission from the rightful owner of the material or you are otherwise legally entitled to post the content and to grant The Drone Coach all of the license rights granted herein.

Section 230 of Communications Decency Act
You acknowledge and agree that The Drone Coach is an interactive computer service provider under Section 230 of the Communications Decency Act. Though The Drone Coach may edit, remove, or control the content displayed through the Website, you agree that The Drone Coach will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that The Drone Coach does not own or control. You agree that The Drone Coach will not be held responsible or liable for the content of third party websites, applications, or services and that The Drone Coach ’s inclusion of those websites, applications, or services within its Website does not constitute The Drone Coach ’s endorsement of or recommendation of any of those websites, applications, or services. The Website, though, may contain links to third party websites, applications, or services that are affiliates of The Drone Coach and from which The Drone Coach may receive payment.

No Endorsement
The Drone Coach does not endorse or recommend any commercial product, process, or service. The views, contributors, and others expressed on this Website do not necessarily state or reflect those of The Drone Coach and are not intended to be used for advertising or product endorsement purposes.

Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. The Drone Coach may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. Any breach of your payment obligations or unauthorized use of the Website, content, or services will be deemed a material breach of this Agreement. You agree and acknowledge that The Drone Coach has no obligation to retain your content, and may delete your content, if you have materially breached this Agreement, and such breach has not been cured within fifteen (15) days of notice of such breach.

Disclaimer of Warranties
THE DRONE COACH DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE. THE DRONE COACH PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

THE DRONE COACH WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRDPARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. THE DRONE COACH IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. THE DRONE COACH RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

THE DRONE COACH WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limits of Liability
THE DRONE COACH WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT THE DRONE COACH CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO THE DRONE COACH, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

FURTHER, THE DRONE COACH WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification
You agree to hold harmless, indemnify, and defend The Drone Coach, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend The Drone Coach under the terms of this Agreement will not provide you with the right to control The Drone Coach’s defense, and The Drone Coach reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify The Drone Coach.

Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. The Drone Coach may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Delaware without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against The Drone Coach or the Website will be exclusively resolved through arbitration.

YOU AND THE DRONE COACH AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM THE DRONE COACH , INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN DELAWARE AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF DELAWARE AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND THE DRONE COACH AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF DELAWARE. YOU AND THE DRONE COACH AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability
If any provision of this Agreement 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.

Integration
The Drone Coach hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind The Drone Coach LLC.

No Waiver
You understand and agree that no term or provision of this Agreement 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 to be charged.

Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and The Drone Coach will not knowingly collect personally identifiable information from children under the age of eighteen (18). If The Drone Coach inadvertently collects such personally identifiable information, The Drone Coach will delete the personally identifiable information in accordance with its security protocols.

Limitation On Actions
THE DRONE COACH AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

Copyright Policy
The Drone Coach ’s Website and its associated content and services are copyright The Drone Coach LLC 2018.

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