1. Your relationship with BigBendAero.com
1.1 This site is mainly funded and maintained by the Jim Moran Institute for Global Entrepreneurship. Your use of BigBendAero.com (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and the Jim Moran Institute for Global Entrepreneurship, whose principal place of business is at Florida State University College of Business. This document explains how the agreement is made up, and sets out some of the terms of that agreement. The BigBendAero.com website is being provided by the Jim Moran Institute for Global Entrepreneurship as part of a community partnership to help provide community business resources. The Jim Moran Institute for Global Entrepreneurship is not responsible for the website content, services, products, or support provided by program partners.
1.2 Unless otherwise agreed in writing with the Jim Moran Institute for Global Entrepreneurship, your agreement with The Jim Moran Institute for Global Entrepreneurship will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with the Jim Moran Institute for Global Entrepreneurship will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and the Jim Moran Institute for Global Entrepreneurship in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) by actually using the Services (BigBendAERO.com). In this case, you understand and agree that The Jim Moran Institute for Global Entrepreneurship will treat your use of the Services as acceptance of the Terms from that point onwards. The Jim Moran Institute for Global Entrepreneurship is not responsible for the webpages, content, support, or services provided by BigBendAERO.com program partners
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with The Jim Moran Institute for Global Entrepreneurship or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Provision of the Services by The Jim Moran Institute for Global Entrepreneurship
3.1 The Jim Moran Institute for Global Entrepreneurship is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which The Jim Moran Institute for Global Entrepreneurship provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that The Jim Moran Institute for Global Entrepreneurship may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at The Jim Moran Institute for Global Entrepreneurship sole discretion, without prior notice to you. You may stop using the Services at any time. The Jim Moran Institute for Global Entrepreneurship reserves the right to cancel its support of BigBendAERO.com at any time without prior notice to users or BigBendAERO.com program partners.
3.3 You acknowledge and agree that while The Jim Moran Institute for Global Entrepreneurship may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by The Jim Moran Institute for Global Entrepreneurship at any time, at The Jim Moran Institute for Global Entrepreneurship discretion.
4. Use of the Services by you
4.1 In order to access certain BigBendAERO.com services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. The Jim Moran Institute for Global Entrepreneurship will not be responsible for any information that is provided by program/community partners.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree that you will not engage in any activity that interferes with or disrupts the Jim Moran Institute for Global Entrepreneurship or BigBendAERO.com (or the servers and networks which are connected to the Services).
4.4 Unless you have been specifically permitted to do so in a separate agreement with the Jim Moran Institute for Global Entrepreneurship you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or the information from BigBendAERO.com for any purpose.
4.5 You agree that any and all content posted on BigBendAERO.com becomes the property of the Jim Moran Institute for Global Entrepreneurship and cannot be reproduced unless approved by the Jim Moran Institute for Global Entrepreneurship or any entity owned within the Jim Moran Institute for Global Entrepreneurship.
4.6 You agree that you are solely responsible for (and that The Jim Moran Institute for Global Entrepreneurship has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Jim Moran Institute for Global Entrepreneurship may suffer) of any such breach.
4.7 You agree that The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com prohibits certain industries including pornographic, unethical, dating companies or organizations, multi-Level marketing or any other industries that do not conform with The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com mission.
5. Privacy and your personal information
5.1 For information about The Jim Moran Institute for Global Entrepreneurship data protection practices, please read The Jim Moran Institute for Global Entrepreneurship , Inc.’s privacy policy (request for policy can be made through the contact form). This policy explains how The Jim Moran Institute for Global Entrepreneurship treats your personal information, and protects your privacy, when you use the Services. The Jim Moran Institute for Global Entrepreneurship will not have access to your personal information and is not responsible for any information that is provided to BigBendAERO.com program/community partners.
5.2 You agree to the use of your data in accordance with The Jim Moran Institute for Global Entrepreneurship privacy policies.
6. Content in the Services
6.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
6.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the partners who provide that Content to The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by The Jim Moran Institute for Global Entrepreneurship or by the owners of that Content, in a separate agreement.
6.3 The Jim Moran Institute for Global Entrepreneurship reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
6.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
6.5 You agree that you are solely responsible for (and that The Jim Moran Institute for Global Entrepreneurship has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which The Jim Moran Institute for Global Entrepreneurship may suffer) by doing so.
7. Proprietary rights
7.1 You acknowledge and agree that The Jim Moran Institute for Global Entrepreneurship (or The Jim Moran Institute for Global Entrepreneurship licensors) own all legal right, title and interest in and to the Services, including BigBendAERO.com and any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by The Jim Moran Institute for Global Entrepreneurship or BigBendAERO.com and that you shall not disclose such information without The Jim Moran Institute for Global Entrepreneurship prior written consent.
7.2 Unless you have agreed otherwise in writing with The Jim Moran Institute for Global Entrepreneurship nothing in the Terms gives you a right to use any of The Jim Moran Institute for Global Entrepreneurship or BigBendAERO.com trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with The Jim Moran Institute for Global Entrepreneurship, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and The Jim Moran Institute for Global Entrepreneurship ‘s brand feature use guidelines as updated from time to time. These guidelines can be obtained by contact mscampbell@fsu.edu or calling 850-296-2564.
7.4 The Jim Moran Institute for Global Entrepreneurship acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any intellectual property rights which subsist in that property (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with The Jim Moran Institute for Global Entrepreneurship , you agree that you are responsible for protecting and enforcing those rights and that The Jim Moran Institute for Global Entrepreneurship has no obligation to do so on your behalf.
7.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services or BigBendAERO.com.
7.6 Unless you have been expressly authorized to do so in writing by The Jim Moran Institute for Global Entrepreneurship , Inc., you agree that in using the Services or BigBendAERO.com, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. Content license from you
8.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling The Jim Moran Institute for Global Entrepreneurship to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
8.2 You agree that this license includes a right for The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com to make such Content available to other companies, organizations or individuals with whom The Jim Moran Institute for Global Entrepreneurship has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
8.3 You understand that The Jim Moran Institute for Global Entrepreneurship in performing the required technical steps to provide the Services to BigBendAERO.com users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit The Jim Moran Institute for Global Entrepreneurship to take these actions.
8.4 You confirm and warrant to The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com that you have all the rights, power and authority necessary to grant the above license.
9. Ending your relationship with BigBendAERO.com and The Jim Moran Institute for Global Entrepreneurship , Inc.
9.1 The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) The Jim Moran Institute for Global Entrepreneurship is required to do so by law (for example, where the provision of the website BigBendAERO.com to you is, or becomes, unlawful); or
(C) The partner with whom The Jim Moran Institute for Global Entrepreneurship offered the Services to you has terminated its relationship with BigBendAERO.com or ceased to offer the Services to you; or
(D) The Jim Moran Institute for Global Entrepreneurship is transitioning to no longer providing the Services to users in the area in which you are resident or from which you use the service; or
(E) The provision of the Services to you by The Jim Moran Institute for Global Entrepreneurship is, in The Jim Moran Institute for Global Entrepreneurship opinion, no longer commercially viable.
9.2 Nothing in this Section shall affect The Jim Moran Institute for Global Entrepreneurship rights regarding provision of Services under Section 4 of the Terms.
9.3 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The Jim Moran Institute for Global Entrepreneurship have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
10. EXCLUSION OF WARRANTIES
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP , INC.’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES and BigBendAERO.com IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
10.3 IN PARTICULAR, THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP (and BigBendAERO.com) ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
10.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES and BigBendAERO.com IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP OR THROUGH OR FROM THE SERVICES (including BigBendAERO.com) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10.6 THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP (and BigBendAERO.com) ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(VI) THE LIMITATIONS ON THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP , INC.’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT THE JIM MORAN INSTITUTE FOR GLOBAL ENTREPRENEURSHIP and BigBendAERO.com HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Copyright and trade mark policies
13.1 It is The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
13. Advertisements
13.1 Some of the Services and BigBendAERO.com MAY be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
13.2 The manner, mode and extent of advertising by The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com on the Services are subject to change without specific notice to you.
13.3 In consideration for The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com granting you access to and use of the Services, you agree that The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com may place such advertising on the Services.
14. Other content
14.1 The Services may include hyperlinks to other web sites or content or resources. The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com may have no control over any web sites or resources which are provided by companies or persons other than The Jim Moran Institute for Global Entrepreneurship. The Jim Moran Institute for Global Entrepreneurship is not responsible for the webpages, content, support, or services provided by BigBendAERO.com partners.
14.2 You acknowledge and agree that The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
14.3 You acknowledge and agree that The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
15. Changes to the Terms
15.1 The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, The Jim Moran Institute for Global Entrepreneurship will make a new copy of the Universal Terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
15.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, The Jim Moran Institute for Global Entrepreneurship will treat your use as acceptance of the updated Universal Terms or Additional Terms.
16. General legal terms
16.1 Sometimes when you use the Services (and BigBendAERO.com), you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Jim Moran Institute for Global Entrepreneurship is not responsible for the webpages, content, support, or services provided by BigBendAERO.com program partners.
16.2 The Terms constitute the whole legal agreement between you and The Jim Moran Institute for Global Entrepreneurship and govern your use of the Services (but excluding any services which The Jim Moran Institute for Global Entrepreneurship may provide to you under a separate written agreement), and completely replace any prior agreements between you and The Jim Moran Institute for Global Entrepreneurship in relation to the Services.
16.3 You agree that The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
16.4 You agree that if The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Jim Moran Institute for Global Entrepreneurship has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Jim Moran Institute for Global Entrepreneurship , Inc.’s rights and that those rights or remedies will still be available to The Jim Moran Institute for Global Entrepreneurship , Inc..
16.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.6 The Terms, and your relationship with The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and The Jim Moran Institute for Global Entrepreneurship and BigBendAERO.com agree to submit to the exclusive jurisdiction of the courts located within the county of Leon, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Jim Moran Institute for Global Entrepreneurship shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.