Mid-Continent Aviation Services, Inc. (“MCAS”) – Terms & Conditions of Use
Last Modified: March 16, 2018
Thank you for your interest in Mid-Continent Aviation Services, Inc. (“MCAS”), and for visiting our Website. The following terms and conditions govern your use of our Website. By accessing and using this Website, you agree to accept to be legally bound by our Terms & Conditions of Use. If you do not agree to these Terms & Conditions of Use, please do not use our Website. MCAS reserves the right to disclose information necessary to comply with any applicable law, regulation, governmental request, legal process judicial, and law-enforcement requests or requirements relating to your use of the Website.
We reserve the right to update the Terms & Conditions of Use at any time at our discretion and without notice. Changes will be posted on this page and are effective immediately, and your continued use of this Website after such changes have been posted, will signify your agreement to the modified Terms & Conditions of Use.
All pages on this Website are subject to the MCAS copyright notice. All materials, including company names, trade names, logos, images, text, illustrations, graphics, designs, icons, photographs, programs, video clips, downloadable forms and presentations, and written and other materials that are part of this Website and any compilation thereof (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MCAS or by third parties who have licensed their materials to MCAS. The Contents are protected by U.S. and international intellectual property laws, which MCAS, or its licencors expressly reserve all intellectual property rights in the Contents. Access to the Website does not confer and shall not be considered as conferring upon anyone any license, assignment, or grant of any intellectual property rights. These Terms & Conditions of Use permit you to use the Website for your personal, non-commercial use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents or the Website.
MCAS’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of MCAS. Other marks are the property of QUEST Aircraft. No trademark or service mark license is granted in connection with the Contents. Access to the Website does not authorize anyone to use any name, logo or mark in any manner.
ACCURACY OF INFORMATION
While MCAS uses reasonable efforts to ensure the Website is accurate and up to date, the information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you to the Website.
Restrictions on Material or Content Usage
This Website may not be used in any manner inconsistent with the Terms & Conditions of Use or for any illegal or unlawful purpose. Without the prior written permission of MCAS, which permission may be withheld in our sole and arbitrary discretion, the Contents of this Website may not be wholly or partially reproduced, republished, recorded, posted, linked to, adapted, modified, or distributed in any manner.
Use of the Contents of this Website for any purpose other than personal use or use approved by MCAS shall be considered a violation of MCAS’s copyright and other proprietary property rights, and such unauthorized use may be actionable under law.
Rights To Access
MCAS reserves the right to deny, limit or restrict access to this Website to any person, organization or I.P. address, at any time and for any reason, without notice, and such denial, limitation and/or restriction shall be without recourse to or against MCAS.
Link from our Website to Another Websites
The hyperlink to the QUEST Website is provided exclusively for the convenience of the user to our Website. The contents of the linked website, the goods and services offered through the linked site, are neither maintained nor otherwise controlled by MCAS. Therefore, MCAS disclaims all responsibility and liability for the availability, content, accuracy, or reliability of the linked Website. If you choose to select the hyperlink and visit the linked Website, you will be doing so at your own risk.
DISCLAIMERS of Warranties
THIS WEBSITE IS PROVIDED BY MCAS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OF EVERY KIND AND CHARACTER, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, SERVICES OR MATERIALS INCLUDED ON ITS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MCAS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MCAS makes no representation of any kind that the Contents available through this Website will be uninterrupted or error-free, that any defects in this Website will be corrected within a specific period of time, or that this Website and its associated server are free from viruses, worms, other harmful or invasive elements, or the threat of breach by hacking or other unauthorized intrusions. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS & CONDITIONS OF USE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MCAS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF MCAS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MCAS BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Any cause of action you may have with respect to your use of the Website and the Contents of each must be commenced within one (1) year after the claim or cause of action arises.
You agree to defend, indemnify and hold harmless MCAS, its affiliates, licensors and service providers, and respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions of Use or your use of the Website.
NO WAIVER AND CHOICE OF LAW
The failure of MCAS to enforce any provisions of the Terms & Conditions of Use or respond to a breach by you shall not in any way, waive its right to enforce subsequently any terms or conditions or to act with respect to similar breaches.
These Terms & Conditions of Use shall be governed by the laws of the state of Kansas, without regard to conflict of law principles. You expressly agree to submit to the exclusive jurisdiction and venue of the courts in Kansas in all disputes arising out of or relating to the use of this Website.