Last Updated: Jan 28, 2007
1. THIS IS AN AGREEMENT BETWEEN YOU AND FLIGHTPHYSICAL.COM
This is an agreement ("Agreement") between you and FLIGHTPHYSICAL.COM. This Agreement governs your use of any Web site or Web page operated by FLIGHTPHYSICAL.COM. If you are signing up for paid services, you represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
FLIGHTPHYSICAL.COM OFFERS THE FLIGHTPHYSICAL.COM WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE FLIGHTPHYSICAL.COM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
1.a. Services are only for AMEs whose accounts are in good standing. All AMEs initially have a zero balance and have accounts in good standing. As a courtesy, all FAA designated Aeromedical Examiners (AMEs) are authorized customizable web pages, and we will publicize their services. Many customized options are free. AMEs may elect to upgrade to more specialized, paid, services (such as online scheduling or external links) on a mutually agreed upon subscription rate. FlightPhysical.com, at its discretion, will begin offering those services immediately and invoice retrospectively. For nominal charges (less than $200 per year), FlightPhysical.com will only invoice once per year. AMEs are free to cancel at any time for any reason, but AMEs remain responsible for service rendered prior to cancellation. AMEs with outstanding, unpaid, negative account balances will be removed commpletely from the directory after at least two notification attempts. They will then be ineligible for any service with us (no free or paid-for services). If banned from FlightPhysical.com for unpaid charges, AMEs can apply for re-inclusion, but the AME would be required to submit all unpaid balances and a $35 reactivation fee in order to be re-listed at any level of service (paid or free).
1.b. Collection Policy: FlightPhysical.com adheres to ethical legal collection and notification practices, and we reserve the right to inform credit bureaus or other methods to insure reasonable accountability through fair and public reporting procedures.
2. HOW FLIGHTPHYSICAL.COM MAY MODIFY THIS AGREEMENT
FLIGHTPHYSICAL.COM reserves the right to change the terms, conditions, and notices under which it offers the FLIGHTPHYSICAL.COM Web Sites, including any charges associated with the use of the FLIGHTPHYSICAL.COM Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any FLIGHTPHYSICAL.COM Web Site. Your continued use of the FLIGHTPHYSICAL.COM Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS - Web Content
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
In addition, the FlightPhysical.com service may not be used: (a) for or with real time route guidance (including without limitation, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), or (b) for, or in connection with, any systems or functions for automatic or autonomous control of vehicle behavior.
Any FLIGHTPHYSICAL.COM Web Site, such as the online scheduling module, may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that portion of the FLIGHTPHYSICAL.COM Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a FLIGHTPHYSICAL.COM Web Site, then the terms in this Agreement shall control. If AME's change their address and/or phone number, we will post the new information for not longer than 30 days. During that time, the changing AME must update their information through the FAA Regional Flight Surgeon. By agreement between the FAA and FLIGHTPHYSICAL.COM, information will revert to the central FAA database after this temporary update period regardless of the FAA's ability to update its database in a timely manner. The FLIGHTPHYSICAL.COM database phone and address info is refreshed from the FAA, and the remainder comes from other sources including weather feeds, AP health and Medical feeds, Google advertisements, scheduling infor from TurboSchedule (Almond Hill Enterprises) and AME submitted data.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE FLIGHTPHYSICAL.COM WEB SITES
The FLIGHTPHYSICAL.COM Web Sites are only for your personal use. Users will not use the FLIGHTPHYSICAL.COM Web Site content for commercial purposes; however, AMEs are expected to promote their practices through our medium, and subscribing AMEs are authorized use of the FLIGHTPHYSICAL.com logo. You will not use the FLIGHTPHYSICAL.COM Web Sites in any way that is unlawful, or harms FLIGHTPHYSICAL.COM, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "FLIGHTPHYSICAL.COM Party" and collectively, the "FLIGHTPHYSICAL.COM Parties") or any customer of a FLIGHTPHYSICAL.COM Party, as determined in FLIGHTPHYSICAL.COM's sole discretion. FLIGHTPHYSICAL.COM may tell you about certain specific harmful uses in a code of conduct or other notices available through a FLIGHTPHYSICAL.COM Web Site, but has no obligation to do so. You may not use the FLIGHTPHYSICAL.COM Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the FLIGHTPHYSICAL.COM Web Sites. Without limiting the generality of this section, you may not use the FLIGHTPHYSICAL.COM Web Sites in any manner that could damage, disable, overburden, or impair any FLIGHTPHYSICAL.COM Web Site (or the network(s) connected to any FLIGHTPHYSICAL.COM Web Site) or interfere with any other party's use and enjoyment of the FLIGHTPHYSICAL.COM Web Sites. AMEs violating these policies will be banned from all portions of the site--including free listing portions.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the FLIGHTPHYSICAL.COM Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the FLIGHTPHYSICAL.COM Web Sites in any way that violates the FLIGHTPHYSICAL.COM Anti-Spam Policy. You may view the Anti-Spam Policy and send us suggestions for improvement at any time. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. FLIGHTPHYSICAL.COM may use filtering technology or other measures to bolster worldwide efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the FLIGHTPHYSICAL.COM Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the FLIGHTPHYSICAL.COM Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to FLIGHTPHYSICAL.COM related to the FLIGHTPHYSICAL.COM Web Sites (a "Submission"), you grant FLIGHTPHYSICAL.COM permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the FLIGHTPHYSICAL.COM Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. FLIGHTPHYSICAL.COM will not pay you for your Submission. FLIGHTPHYSICAL.COM may remove your Submission at any time, and you have the right to appeal this removal. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, FLIGHTPHYSICAL.COM may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the FLIGHTPHYSICAL.COM Parties or any customer of a FLIGHTPHYSICAL.COM Party. Although we do not monitor content of incoming messages, automated filters will review messages for "junk probability" and viruses. As a reminder, standard email is not secure, and should not include protected health information unless agreed to by physician and patient.
Your use of any software associated with the FLIGHTPHYSICAL.COM Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then FLIGHTPHYSICAL.COM grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the FLIGHTPHYSICAL.COM Web Sites and in accordance with this Agreement. FLIGHTPHYSICAL.COM reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. FLIGHTPHYSICAL.COM or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. In general, all of our processing functions are browser based (server side processing), but If client based software is installed, FLIGHTPHYSICAL.COM may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the FLIGHTPHYSICAL.COM Web Sites.
8. INFORMATION AVAILABLE FROM THE FLIGHTPHYSICAL.COM WEB SITES
FLIGHTPHYSICAL.COM and its programmers do not warrant or guarantee the accuracy or timeliness of any technical, regulatory or medical information available from the FLIGHTPHYSICAL.COM Web Sites including maps, CFRs, news, regulations and addresses, even if such information appears in any e-mail, pager, cell phone or other alerts available through the FLIGHTPHYSICAL.COM Web Sites. FLIGHTPHYSICAL.COM and its suppliers do not authorize the use of information available from the FLIGHTPHYSICAL.COM Web Sites including address or other demographic information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Nothing contained in the FLIGHTPHYSICAL.COM Web Sites is intended to constitute official, personal medical advice because each pilot medical case is unique and must be reviewed by your AME. Guidelines posted on FlightPhysical.com are for reference only, and may be used to outline questions for your AME.
9. FLIGHTPHYSICAL.COM MAKES NO WARRANTY
FLIGHTPHYSICAL.COM PROVIDES THE FLIGHTPHYSICAL.COM WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLIGHTPHYSICAL.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE FLIGHTPHYSICAL.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE FLIGHTPHYSICAL.COM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. FLIGHTPHYSICAL.com has remarkably high "up" time, averaging 99.8% over the last 48 months; however, we can not be responsible for unseen internal and external technical problems with our equipment, backup equipment and the Internet in general. Any subscribing AME who is dissatisfied with our service is entitled to a prorated refund without questions asked.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY FLIGHTPHYSICAL.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE FLIGHTPHYSICAL.COM WEB SITES, EVEN IF SUCH FLIGHTPHYSICAL.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE FLIGHTPHYSICAL.COM WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY FLIGHTPHYSICAL.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE FLIGHTPHYSICAL.COM WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FLIGHTPHYSICAL.COM WEB SITES. IF YOU ARE A SUBSCRIBING AME, CONTACT US FOR AN IMMEDIATE AND UNQUESTIONED REFUND.
11. CHANGES TO THE FLIGHTPHYSICAL.COM WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE FLIGHTPHYSICAL.COM PARTIES MAY CHANGE THE FLIGHTPHYSICAL.COM WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the FLIGHTPHYSICAL.COM Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by FLIGHTPHYSICAL.COM and persons other than FLIGHTPHYSICAL.COM (any such person is referred to as a "Third Party"). FLIGHTPHYSICAL.COM AND GOOGLE MAKE EVERY EFFORT TO SCREEN ADVERTISERS, BUT OCCASIONALLY ADS WILL GET THROUGH WHICH DO NOT MEET OUR STANDARDS OF PROFESSIONALISM. THOSE ADVERTISERS WILL BE BANNED IF THEY ARE BROUGHT TO OUR ATTENTION. WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE FLIGHTPHYSICAL.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, MEDICALLY FRIVOLOUS (CHARLATAN--SNAKE OIL ADS), OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT FLIGHTPHYSICAL.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE FLIGHTPHYSICAL.COM WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE FLIGHTPHYSICAL.COM WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE FLIGHTPHYSICAL.COM WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE FLIGHTPHYSICAL.COM WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
FLIGHTPHYSICAL.COM may terminate this Agreement, or terminate or suspend your access to the FLIGHTPHYSICAL.COM Web Sites at any time, with or without cause, with or without notice. Subscribing AMEs may be entitled to full prorated refunds if they are terminated involuntarily. Upon such termination or suspension, your right to use the FLIGHTPHYSICAL.COM Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE FLIGHTPHYSICAL.COM WEB SITES MAY NOT BE RETRIEVED LATER. AMES WHOSE ACCOUNTS ARE NOT IN GOODSTANDING (OVER 30 DAYS OVERDUE) WILL BE SUSPENDED AND REINSTATEMENT MAY INCUR A SEPARATE REACTIVATION FEE--EVEN FOR REESTABLISHMENT OF FREE SERVICES.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with FLIGHTPHYSICAL.COM, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Colorado, without reference to conflict of laws principles. If this Agreement is with a FLIGHTPHYSICAL.COM affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such FLIGHTPHYSICAL.COM affiliate, without reference to conflict of laws principles. If this Agreement is with FLIGHTPHYSICAL.COM, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Boulder County, Colorado, USA in all disputes arising out of or relating to the use of the FLIGHTPHYSICAL.COM Web Sites. If this Agreement is with a FLIGHTPHYSICAL.COM affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such FLIGHTPHYSICAL.COM affiliate in all disputes arising out of or relating to the use of the FLIGHTPHYSICAL.COM Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. FLIGHTPHYSICAL.COM may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the FLIGHTPHYSICAL.COM Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and FLIGHTPHYSICAL.COM with respect to the FLIGHTPHYSICAL.COM Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FLIGHTPHYSICAL.COM with respect to the FLIGHTPHYSICAL.COM Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND FLIGHTPHYSICAL.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FLIGHTPHYSICAL.COM WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the FLIGHTPHYSICAL.COM Web Sites are Copyright © 1999-2007 FLIGHTPHYSICAL.COM. All rights reserved. FLIGHTPHYSICAL.COM, FLIGHTPHYSICAL.COM, FLIGHTPHYSICAL.COM logo, and/or other FLIGHTPHYSICAL.COM products and services referenced herein may also be either trademarks or servicemarks of FLIGHTPHYSICAL.COM in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.