Website Terms & Conditions

Updated as of: AUGUST 15, 2023

ACCEPTANCE OF TERMS

This website www.mcmahon-airborne.com (the "Site") is owned and operated by McMahon Helicopter Services, Inc. /dba McMahon Airborne Logistics, hereby referred to as "McMahon". Use of this Site is subject to these terms and conditions. To use the services provided on this Site, you must agree to all of the following terms and conditions and to the Site's Privacy Policy. Your use of this Site indicates your acceptance of the following terms and conditions and the Privacy Policy. If you do not agree to all of these terms or terms in the Privacy Policy, do not use this Site.

FLIGHT STATUS SYSTEM

Flight Status System ("FSS") and status information obtained through the Site are the private property of McMahon. McMahon authorizes you to use our FSS only to track the status of McMahon flights tendered by or for you and for no other purpose. You are not authorized to make the information or the FSS available on any web site or otherwise reproduce, distribute, copy, store, use or sell the information for commercial gain. Any access or use that is inconsistent with these terms is prohibited.

SITE SECURITY AND PROHIBITED USES

You are prohibited from violating, or attempting to violate, the security of this Site. Any such violation may result in criminal and/or civil penalties. You are entirely responsible for any information you post, transmit or otherwise communicate through this Site. In using this Site, you must not:

post, send or otherwise transmit to or through the Site any unlawful, harmful, infringing, harassing, defamatory, threatening, vulgar or otherwise objectionable material of any kind, any material that exploits children or that is invasive of or in breach of another person's privacy or other rights, or any material that McMahon in its sole discretion does not want posted or transmitted on the Site;
upload, or otherwise make available, files that contain illicit content, any images, software, or other material protected by intellectual property laws, including without limitation copyright or trademark law or rights of publicity and privacy, unless you own or control the rights thereto or have received all necessary authorizations;
misrepresent your identity or affiliation in any way;
violate any applicable laws or regulations; or
assist, aid, or permit any persons in engaging in any of the activities described above.

COPYRIGHTS

All content of this Site is copyrighted material of McMahon and may not be used in any manner without the express written consent of McMahon, except to display, electronically copy, download or print hard copy portions of the material on the Site for your records or to place an order for McMahon products or services.

TRADEMARKS

All names, logos, and marks appearing in this Site, except as otherwise noted, are trademarks owned by McMahon Helicopters or its affiliates. The use or misuse of these trademarks or any other content on this Site, except with the written consent of McMahon Helicopters, is strictly prohibited.

THIRD PARTY COPYRIGHTS AND TRADEMARKS

Submission of copyright or trademark protected logos, slogans, or other information for use in design, configuration, or ordering indicates your permission for McMahon to use such information in providing the requested products or services. Such use by McMahon shall not be held to infringe any rights you may possess in these trademarks or copyrights. By making a submission, you warrant and represent that you own or otherwise control the rights to your submission or have received the necessary authorizations to make such a submission.

LINKS TO OTHER WEB SITES

In an attempt to provide increased enjoyment and convenience to our customers, this Site may contain links to other sites on the Internet that are owned and operated by unaffiliated third parties ("External Sites"). You acknowledge and agree that McMahon is not responsible for the availability or content of these External Sites or for any viruses or other damaging elements encountered in linking to an External Site. These External Sites are only for your convenience and therefore you access them at your own risk. In addition, providing links to External Sites should not be interpreted as endorsement, affiliation, or approval by McMahon Helicopters of the organizations sponsoring the sites or their products or services.

DISCLAIMER

THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS. MCMAHON HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR THIS WEB SITE. MCMAHON MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEB SITE OR THE CONTENT OF ANY EXTERNAL SITE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEB SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MCMAHON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE, EVEN IF MCMAHON HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You shall be responsible in all respects for your use of this Site and you agree to indemnify, defend and hold harmless McMahon, its officers, directors, employees, agents, licensors and suppliers from and against any claims or suits and shall pay all damages or any settlements sustained and all related costs (including reasonable attorneys' fees) resulting from your misuse or inability to use the Site and all transactions, products or services in connection with such use or misuse.

PRIVACY POLICY

You consent to the collection, processing, and storage by McMahon Helicopters of your personal information in accordance with the terms of McMahon's Privacy Policy. McMahon does not sell or otherwise provide your personal information to anyone.

APPLICABLE LAWS

These Terms of Use and your use of this Site shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. In the event of any conflict between foreign laws, rules, and regulation and those of the United States, the laws, rules, and regulations of the United States shall govern. McMahon makes no representation that materials, products or services referenced, offered or provided in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside of the United States are responsible for compliance with applicable local laws.

LIMITATION ON CLAIM

Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises or is forever barred.

TERMINATION OF USE

Without limiting its other remedies, McMahon may immediately discontinue, suspend, terminate, or block your and any user's access to this Site at any time in our sole discretion.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from McMahon solely through electronic transmission. You agree that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, whether now or in the future, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

TERMINATION AND MODIFICATION OF TERMS OF USE

These Terms of Use may be modified or terminated by McMahon at any time for any reason. The provisions relating to Copyright, Trademark, Disclaimer, Limitation of Liability, Indemnification and Applicable Laws shall survive any termination. McMahon reserves the right to update the Terms of Use at any time without notice to you. You should revisit this page periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your continued use of the Site after any such changes constitutes your agreement to such changes.

CONTACT US

If you have questions or complaints regarding this Terms of Use statement, please feel free to submit your comments by contacting us.