Web Site Terms and Conditions of Use

These Web Site Terms and Conditions of Use apply to this Web Site and any of its related pages (the "Site"), which are owned and operated by Amur Finance Company, Inc. or one of its affiliates and subsidiaries, including Amur Equipment Finance, Inc., Amur Finance Company, Inc., Amur JMW Aviation, LLC, Amur Helicopter Finance Services LLC, and/or their respective affiliates and subsidiaries (collectively, "Amur").  Throughout the Site and/or these Web Site Terms and Conditions of Use, the terms "we", "us" and "our" refer to Amur.

 

1. Terms

By accessing this Site, you are agreeing to be bound by these Web Site Terms and Conditions of Use as the same may be amended, restated or otherwise modified from time to time (these "Terms and Conditions") and you agree that you are responsible for compliance with any and all applicable laws.

 

CAREFULLY READ THIS DOCUMENT BEFORE USING THE SITE, AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.  BY USING THE SITE, YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF EACH ENTITY ON WHOSE BEHALF YOU ARE ACTING, TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS THE SITE'S ONLINE PRIVACY POLICY, AS SUPPLEMENTED, REVISED OR MODIFIED BY AMUR FROM TIME TO TIME, FOR EACH USE AND ACCESS OF THIS SITE BY YOU. THESE TERMS AND CONDITIONS APPLY EXCLUSIVELY TO YOUR USE AND ACCESS OF THE SITE. NOTHING CONTAINED HEREIN IS INTENDED TO, NOR DOES IT, ALTER, MODIFY OR CHANGE THE TERMS AND CONDITONS OF ANY EXISTING AGREEMENT THAT YOU MAY HAVE WITH AMUR.  PLEASE TAKE A FEW MOMENTS TO CAREFULLY REVIEW OUR PRIVACY POLICY, WHICH DESCRIBES THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION FROM USERS ON THE SITE.  BY ACCESSING OR USING THE SITE, YOU CONSENT TO ALL ACTIONS THAT WE TAKE WITH RESPECT TO YOUR DATA CONSISTENT WITH OUR PRIVACY POLICY.

 

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS PLEASE DO NOT FURTHER ACCESS THE SITE AND IMMEDIATELY EXIT IT. 

 

2. Intellectual Property Rights; Content

Unless otherwise noted, the Site, its features, functionality and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video, audio, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, and any other materials that appear as part of or on the Site (collectively, the "Content"), are protected by the copyright, trade dress and/or trademark laws of the United States and all worldwide rights, title and interest in and to the Site and Content are owned, controlled and/or licensed by Amur.  All trademarks, service marks, trade names and logos displayed on the Site are, unless otherwise indicated, the copyright, trademark, service mark and trade names of Amur. All of our rights are reserved. Permission is granted to temporarily download one copy of the materials (information or software) on the Site for your personal, non-commercial transitory viewing only.  This is the grant of a limited, non-exclusive, non-transferable license, not a transfer of title.  Any other use of the information contained herein is strictly prohibited and you may not:

  1. modify or copy the materials or Content on the Site;
  2. use the materials or Content on the Site for any commercial purpose, or for any public display (commercial or non-commercial);
  3. decompile or reverse engineer any software contained on the Site;
  4. remove any copyright or other proprietary notations from the materials contained on the Site;
  5. transfer the materials or Content contained on the Site to another person or entity or "mirror" the materials on any other server; or
  6. attempt to do any of the foregoing.

The license granted above shall automatically terminate if you violate any of these restrictions and may be terminated by Amur at any time.  Upon termination of your viewing of the materials contained on the Site or upon termination of such license, you must destroy any downloaded materials in your possession whether in electronic or printed form.

3. User Conduct

By accessing and/or using this Site, you agree:

  1. not to use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot", "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable, impair or impose an unreasonable burden or load on, operation of the Site;
  2. not to interfere with security of the Site or to otherwise abuse the Site, or any services, system resources, accounts, networks or servers connected to or accessible through the Site or affiliated or linked sites;
  3. not to upload, post or otherwise transmit through or on the Site any viruses or other harmful or destructive files;
  4. not to interfere with or disrupt any other person's use of the Site or affiliated or linked sites;
  5. not to attempt unauthorized access to the Site or any portion(s) thereof which is restricted from general access;
  6. not to hack into the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  7. not to use any robot, spider or other automated device or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Site, including but not limited to, personally identifiable information of any other user of the Site or customers of Amur;
  8. not to modify, assign, sublicense, sell or prepare derivative works of any materials on the Site or to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly permitted herein;
  9. not to modify or create another Site so as to falsely imply that it is associated or affiliated with the Site;
  10. not to violate any and all laws, rules, or regulations applicable to your use of, or access to, the Site, and not to violate any policies that may be posted on the Site from time to time.

4. Disclaimer

The materials and Content on the Site are provided "as is." Amur makes no warranties, expressed or implied with respect thereto, and hereby disclaims and negates all warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property or other violation of rights. Further, Amur does not warrant or make any representation concerning the accuracy, likely results, or reliability of the materials on or linked to the Site or on or liked to any other site which is linked to the Site or that the use of the Site will be uninterrupted, secure or free from error.

 

5. Limitation of Damages

IN NO EVENT SHALL AMUR OR ITS SUBSIDIARIES, AFFILIATES OR AGENTS (COLLECTIVELY, THE "AMUR RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SITE OR ANY THIRD-PARTY SITE(S); (C) THE CONDUCT OF OTHER USERS OF THE SITE; (D) INACCURACY OF THE DATA OR SERVICES PROVIDED ON THE SITE (OR YOUR RELIANCE ON SUCH DATA OR SERVICES), CHANGES TO THE SITE (INCLUDING USER-PROVDED CONTENT); OR (E) BREACH OF THESE TERMS AND CONDITIONS BY YOU, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU EXPRESSLY AGREE TO WAIVE ANY RIGHT YOU HAVE OR MAY HAVE TO CLAIM SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST THE AMUR RELEASED PARTIES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF ANY OF THE AMUR RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR ANY SERVICES OFFERED ON OR THROUGH THE SITE, THE AMUR RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

6.  Indemnification

You agree to defend, indemnify and hold harmless Amur, its officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with: (a) your use of the Site; (b) any Content submitted, posted, or otherwise provided by you to the Site, any of the Indemnified Parties, and/or its agents, and/or (c) your breach of any provision of these Terms and Conditions or any representations you provide herein. Amur reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with Amur in asserting any and all available defenses.

 

7. Revisions and Errata

The materials appearing on the Site could include technical, typographical, or photographic errors. Amur does not warrant that any of the materials on the Site are accurate, complete, or current. Amur may make changes to the materials contained on the Site at any time without notice. Amur does not, however, make any commitment to update any of the materials contained on or linked to the Site.

 

8. Links

The Site may contain links to third-party sites.  You understand and agree that Amur has no control over and may not have reviewed those third-party sites. Accordingly, you agree that Amur is not responsible for the contents of any such third-party site or for any damages, losses or expenses that you may incur while using any such third-party site. The inclusion of any link to a third party site does not imply the endorsement by Amur of such site or the owner or operator thereof. Use of any such third-party site is at your own risk.

 

9. User Provided Information

While using the Site, you may be asked to and you may provide feedback, commentary, information, or other content to Amur and other users of the Site. By using the Site, you shall be deemed to have granted to Amur a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, and distribute any such content provided through the Site; and you acknowledge and warrant that you have the right and authority to provide such license to Amur.

 

10. Site Terms of Use Modifications

Amur may change, modify, revise, add, or remove any portion of these Terms and Conditions and /or its Privacy Policy at any time, in its sole discretion, without notice. By using the Site you are agreeing to be bound by the then current version of these Terms and Conditions and the Site's Privacy Policy.

 

11. Governing Law/Venue

These Terms and Conditions, the Privacy Policy and any claim relating to the Site shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.  Any dispute arising from or related to the Site, your use thereof or these Terms and Conditions or the Site's Privacy Policy, shall be resolved exclusively by the appropriate state and/or federal courts located in New York County, New York. Although you may access the Site in other states or countries, by using this Site, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts over any suit, action, claim or proceeding arising out of these Terms and Conditions, the Privacy Policy and/or any claim relating to the Site and you waive any claim of forum non conveniens or lack of personal jurisdiction that you may have.

 

Last updated: July 26, 2017