Welcome to OneAero. By using the OneAero website (the "Site"), you are agreeing to the following terms, including those available by hyperlink, (the "Auction Agreement") with OneAero, Ltd., a United Kingdom registered company, and the general principles for the website of our subsidiaries and international affiliates.
It is your responsibility to read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement, you also agree that your use of some OneAero-branded website, or websites, we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective on April 10, 2007, for current users, and upon acceptance for new users.
Using OneAero
While using the Site, you will not:
Abusing OneAero
OneAero and the Community work together to keep the Site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
OneAero charges sellers a 6% fee for all auctions that are successfully sold on the OneAero Auction pages. Changes to that fee are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method, such as company check, wire transfer, or credit card. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. All fees are due Net 30 days.
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
Liability
You will not hold OneAero responsible for other users' actions, or inactions, including data they post. You acknowledge that OneAero is not a traditional auctioneer. Instead, the Auction tool is a venue to allow anyone to offer, sell, and buy just about anything aircraft related, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. OneAero is not involved in the actual transaction between buyers and sellers. OneAero has no control over, and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
OneAero does not transfer legal ownership of items from the seller to the buyer, Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. OneAero is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnity
You will indemnify and hold OneAero (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and OneAero, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OneAero agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - OneAero is a United Kingdom registered company and as such, this Agreement shall be governed in all respects by the laws of London, England, as they apply to agreements entered into and to be performed entirely within London, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within London, England for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against OneAero must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, OneAero may recover attorneys' fees and costs up to $1000, provided that OneAero has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
