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Terms & Conditions
LausitzAviation - Aerospace & Simulation Systems -
Flight simulation components and solutions.
- A company from Germany -
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USER AGREEMENT
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
This user agreement (the "User Agreement") between you and LausitzAviation (the "Company"),
governs your use of the website www.lausitzaviation.com (the "Site"), or any Web page operated by the Company.
By using this Site, accessing any of the Company’s Web pages, or otherwise using any services provided by the Company,
you represent and warrant to the Company that you have the requisite capacity to enter in to this
User Agreement and you agree to the terms of this User Agreement as set forth below.
If you do not agree to the terms of this User Agreement, you may not use this Site,
access any of the Company’s Web pages or use any other services provided by the Company.
The Company reserves the right, at any time and without notice, to modify, alter, or update the User Agreement,
and you agree to be bound by such modifications, alterations, or updates, whether or not you are aware of them.
1. COPYRIGHT AND TRADEMARK NOTICES
All content included or available on this Site, including but not limited to code, scripts, images, forms,
borders, text, graphics, video clips, animations, fonts, applications, audio clips, button icons, computer
software, interfaces, Site design elements, and the selection and arrangements thereof, in any format whatsoever
(collectively the "Materials") are the property of the Company and/or third parties and are protected by German and
international copyright laws. The Company grants you permission to electronically copy and to print portions of this
Site solely for your own informational purposes as a consumer. Any other use of the Materials on this Site, including but
not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, removal,
deletion, addition, performance, display or republication, any form of data extraction or data mining, or other commercial
exploitation of any kind, without the prior written consent of an authorized officer of the Company is strictly prohibited.
You understand and agree that neither this User Agreement nor any conduct of the Company implies any license to use any of
the Materials contained on this Site, whether or not such Materials are owned by the Company. You further agree that you
will not use any robot, spider, other automatic device, or manual process to monitor or copy this Site, its Web pages
or the content contained therein without prior written consent of an authorized officer of the Company.
2. DISCLAIMER OF WARRANTIES
THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY,
OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL ON THE SITE. THE COMPANY DISCLAIMS ANY
RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL
FROM SITES LINKED TO THIS SITE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY SERVICE OUTAGES
THAT ARE CAUSED BY MAINTENANCE ON THE COMPANY’S SERVERS OR THE TECHNOLOGY THAT UNDERLIES THIS SITE,
FAILURES OF THE COMPANY’S SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING AND POWER PROVIDERS),
COMPUTER VIRUSES, NATURAL DISASTERS, OR OTHER DESTRUCTION OR DAMAGE OF THE COMPANY’S FACILITIES, ACTS OF
NATURE, WAR, CIVIL DISTURBANCES, OR OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE COMPANY.
THE COMPANY DOES NOT WARRANT THAT THIS SITE, ANY WEBSITE LINKED TO THIS SITE, OR THE WEBSITES OF THE COMPANY’S
PARTNERS, AFFILIATES, SUPPLIERS OR VENDORS WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE COMPANY DOES NOT
MAKE ANY WARRANTY AS TO THE CONTENT ON THIS SITE OR ON ANY SITE LINKED TO THIS SITE, OR AS TO THE QUALITY OF THE
PRODUCTS OR SERVICES SOLD THROUGH THIS SITE. THE COMPANY’S SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES SOLD
THROUGH THE SITE ARE SOLD AND/OR PROVIDED TO YOU ON AN "AS IS," AND "AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU
DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH
MATERIAL. NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, AFFILIATES, AGENTS, SUPPLIERS OR VENDORS MAKES ANY WARRANTY
THAT (I) THIS SITE WILL MEET YOUR REQUIREMENTS, (II) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OR
INTEGRITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THIS SITE WILL
(A) MEET YOUR EXPECTATIONS (B) BE OF MERCHANTABLE QUALITY OR (C) BE FIT FOR THE PARTICULAR PURPOSE FOR WHICH YOU INTEND
TO USE SUCH PRODUCTS, SERVICES OR INFORMATION (V) THIS SITE, ITS SERVERS, AND ANY WEBSITES LINKED TO THIS SITE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (VI) ANY ERRORS WILL BE CORRECTED. NEITHER THE COMPANY NOR ANY OF ITS
PARTNERS, AFFILIATES, AGENTS, SUPPLIERS OR VENDORS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE COMPANY’S SITE, ANY CONTENT ON THE SITE, OR ANY OF THE
PRODUCTS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SITE, THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE, AND THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT. YOU UNDERSTAND AND AGREE THAT PRODUCTS DEPICTED IN IMAGES ON THIS SITE MAY APPEAR LARGER OR
SMALLER ON YOUR COMPUTER MONITOR THAN THEIR ACTUAL SIZE, AND THAT OTHER CHARACTERISTICS OF SUCH PRODUCTS
(INCLUDING BUT NOT LIMITED TO COLOR OR SHAPE OF SUCH PRODUCTS) MAY NOT APPEAR ACCURATELY ON YOUR COMPUTER MONITOR.
3. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE COMPANY, ANY OF ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, VENDORS, EMPLOYEES, SUPPLIERS,
REPRESENTATIVES, AGENTS, SUCCESSORS OR ASSIGNS (THE "COMPANY PARTIES" OR "COMPANY PARTY" AS THE CASE MAY BE) BE LIABLE
FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS USER AGREEMENT, THE SALE OF PRODUCTS OR SERVICES THROUGH THE
SITE, OR ANY OTHER USE OF THE SITE, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT,
(2) BREACH OF WARRANTY, (3) NEGLIGENCE (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF ANY COMPANY PARTY), OR (4) ANY
OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN THE EVENT
SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY LAW, FAIL IN THEIR ESSENTIAL PURPOSE, OR DO NOT OTHERWISE APPLY, YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL BE THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO
THE COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE THAT ANY LIMITATIONS
ON LIABILITY STATED IN THIS SECTION 3 IS A FAIR ALLOCATION OF RISK BASED UPON THE MANNER AND COST BY WHICH THE COMPANY’S
PRODUCTS AND SERVICES ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO TAKE OTHER MEASURES OR CONSULT OTHER
RESOURCES IN CONNECTION WITH THE TYPE OF PRODUCTS AND SERVICES PROVIDED BY THIS SITE.
4. PRIVACY POLICY
You hereby agree to allow the company to collect and use the personal information specified in the Privacy
Policy in a manner set forth in the Privacy Policy, and you understand and agree that any personal information
about you, including registration information and certain other information you provide or otherwise voluntarily
or involuntarily reveal, is subject to our Privacy Policy. The Company reserves the right to change the Privacy
Policy at any time upon written notice posted to the Site.
5. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless the Company from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Company Party in connection with any claim of any kind as a result of:
1.Your use of this Site or any website linked to this Site
2.Your connection to this Site
3.Your purchase of any products sold through this Site
4.Your use of any products sold through this Site
5.The content, quality or performance of content that you submit or transmit to or through this Site
6.Any use or alleged use of your accounts or your passwords by any person, whether or not known or authorized by you
7.Your violation of this User Agreement or
8.Your violation of the rights of any other person or entity.
The Company reserves the right but not the obligation, at the Company's own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company in defense of these claims.
5. SALES TAX
You agree that you will be responsible for any sales tax imposed or assessed with respect to products you purchase through
this Site, whether or not such taxes are imposed or assessed at the time of sale or at any time after such sale. Furthermore,
you agree to indemnify the Company from and against any costs or expenses (including attorney fees) incurred in collecting
such taxes from you
6. THIRD PARTY LINKS
The Company may provide links to third party websites or access to third party content.
The company does not control, endorse or guarantee content found on such sites. You agree that the Company
is not responsible for any content, associated links, resources, or services associated with a third party site.
You further agree that the Company shall not be liable for any loss or damage of any sort associated with your use
of third party content. Links and access to these sites are provided for your convenience only.
7. GENERAL RETURNS CONDITIONS - Applicable to ALL Returns
1.Shipping charges are not refundable.
2.The customer is responsible for shipping charges and risk of loss on all return shipments. We highly recommend using a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring your return shipment. We are not responsible for lost returns.
3.No returns will be accepted without prior authorization and a Return Merchandise Authorization ("RMA") number. IMPORTANT: Products returned without a valid RMA # appearing on the exterior packaging will be refused and returned to you at your expense.
4.All products (both defective and non-defective) must be returned in original purchase condition, with the original packing material, blank warranty cards, manuals and any other item or accessory provided by the manufacturer. IMPORTANT: Returned orders with items missing will result in rejection of the return or an additional restocking fee of at least 15%, at Insight's sole discretion.
5.RMA numbers are good for 10 days only, and product must be received by the Company within that time. RMA numbers cannot be extended or re-issued.
6.Refunds on purchases made with a credit card will only be credited to the same card. The credit will be made within six weeks of receipt and verification of the merchandise.
7.All returns are subject to verification by the Company and such verification may result in the rejection of the return, or an additional restocking fee, at the Company's sole discretion.
8.All purchase orders supplied to the Company for special orders, including but not limited to, built to order, configured to order, special integration, and end of life, are non cancelable.
8. MISCELLANEOUS
This User Agreement shall constitute the entire agreement between you and the Company regarding your use of this Site,
superseding all prior agreements, whether oral or in writing, that you may have executed with the Company.
You may terminate this User Agreement at any time provided you discontinue use or access to this Site.
You agree that in the event you terminate this agreement, sections 1,2, 3, 5 and 6 of the User Agreement
shall survive such a termination.
If any part of this User 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 the User Agreement shall continue in effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of our Site or this User Agreement must be filed within one year after such claim or
cause of action arose or be forever barred.
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