TERMS AND CONDITIONS OF USE

Welcome to the Milplanner Online web site (the "Site"). Through this Site, Jeppesen Sanderson, Inc. and Jeppesen DataPlan, Inc. (collectively "Jeppesen") provide you with access to a wide variety of information, materials and services, including but not limited to weather maps, flight planning and flight plan filing services, and NOTAMs (collectively "Services"). The Site and Services, including any updates, enhancements and/or any new features, are subject to these Terms and Conditions of Use. Please read this page carefully. These Terms and Conditions of Use do not alter in any way the terms or conditions of any other written or online agreement you have with Jeppesen.

BY ACCESSING, BROWSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

You must be at least 18 years old and competent to enter into a contract to use the Services. Jeppesen reserves the right to refuse service and/or terminate accounts at its sole discretion. Jeppesen further reserves the right to change or modify any of the Terms and Conditions of Use or any policy or guideline of the Site at any time without notice to you. The most current version of the Terms and Conditions of Use can be reviewed by clicking on the "Terms and Conditions of Use" hypertext link located at the bottom of our web pages. Any changes or modifications will be effective on the date the change or modification is made and the date of such changes or modifications shall appear at the bottom of this page. Your use of the Site following the date of any changes or modifications will constitute your acceptance of the Terms and Conditions of Use as revised. You should visit this page regularly to review the Terms and Conditions of Use because they are binding on you. The term "You" and "User" as used herein refers to all individuals and/or entities accessing, browsing or using this Site for any reason.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION. Please view our comprehensive Privacy Policy, which may be accessed by clicking on the "Privacy Policy" hypertext link located at the bottom of our web pages.

MEMBER ACCOUNT, PASSWORD AND SECURITY. To access the Services on this Site, you must enter a password and a user id. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Jeppesen immediately of any unauthorized use of your account or any other breach of security. Jeppesen will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or someone’s otherwise unauthorized use of your account and/or account information. However, you could be held liable for losses incurred by Jeppesen or another party due to someone else using your account password. You may not use anyone else's account at any time.

LICENSE AND SITE ACCESS. Jeppesen grants you a limited, non-transferable, non-exclusive license to make use of this Site and the Services contained herein only for personal use and limited commercial use directly related to your company's operation of aircraft ("Limited Commercial Use"). Such license is granted only to the registered account owner. Your license is granted for a specified number of concurrent logins to the Site. The Services provided hereunder are for User’s use only, and are not meant for resale. Under no circumstances may User, or any other person acting by or through User, copy or transmit data received from Jeppesen to any person or corporation other than agents or employees of User or a wholly-owned subsidiary of User. Proprietary information that is supplied by User, including but not limited to, fleet composition, operations schedules, and operational parameters are for the use of User and Jeppesen in support of these Services. Under no circumstances may Jeppesen, or any other person acting by or through Jeppesen, copy or transmit such data received from User to any person or corporation other than agents or employees of Jeppesen or a wholly-owned subsidiary of Jeppesen.

Unless otherwise specified, you are not permitted to commercially exploit the Services or transfer those Services, in whole or in part, to any third party. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Services by reverse engineering, disassembly, decompilation or any other means. You shall not use the Services to operate a service bureau or for any other use involving the processing of data of other persons or entities.

NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Services and this Site generally, you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any Jeppesen server, or the network(s) connected to any Jeppesen server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Jeppesen server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Any unauthorized use of this Site will terminate the permission or license granted by these Terms and Conditions of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

LINKS TO/FROM THIRD PARTY SITES. You are granted a limited, non-exclusive right to create a hyperlink to the introductory page of this Site (http://www.MilPlanner.com) provided such link does not portray Jeppesen or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not "deep link" or link to any other pages of this Site except the introductory page. You may not use any logo or other proprietary graphic or trademark of Jeppesen to link to the introductory page of this Site without the express written permission of Jeppesen. This limited right may be revoked at any time.

THE SITE MAY CONTAIN LINKS TO THIRD PARTY WEB SITES. JEPPESEN MAKES NO CLAIM OR REPRESENTATION REGARDING, AND ACCEPTS NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF SITES ACCESSIBLE BY HYPERLINK FROM THIS SITE, OR SITES LINKING TO THIS SITE. LINKED SITES ARE NOT UNDER THE CONTROL OF JEPPESEN AND JEPPESEN IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY REVIEW, CHANGES OR UPDATES TO SUCH SITES. JEPPESEN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT OR ADOPTION BY JEPPESEN OF THE SITE OR ANY INFORMATION CONTAINED THEREIN. WHEN LEAVING THE JEPPESEN SITE, YOU SHOULD BE AWARE THAT JEPPESEN’S TERMS AND CONDITIONS OF USE AND POLICIES NO LONGER GOVERN AND, THEREFORE, YOU SHOULD REVEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF THAT SITE.

PROTECTION OF PROPRIETARY INFORMATION AND MATERIALS GENERALLY. You acknowledge that all materials and information provided on the Site will be presumed to be, and will be treated as, proprietary to Jeppesen and/or its suppliers or licensors, regardless of whether any restrictive notices or legends appear in proximity with said materials and information.

COPYRIGHT. All copyrighted and copyrightable materials on this Site, including, without limitation, the Jeppesen logo, data, documentation, text, graphics, design, pictures, images, logos, button icons, software, sound files and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright © 2001 Jeppesen Sanderson, Inc. and/or its suppliers or licensors. Anyone using Jeppesen Materials in a manner inconsistent with these Terms and Conditions of Use will be responsible for any liabilities or costs imposed on Jeppesen as a result of any unauthorized use. For permission to use any third-party materials appearing on the Site, please contact the copyright owner. Permission is granted to display, copy, print, distribute and download the Materials on this Site for your personal use, non-commercial use, Limited Commercial Use, and informational use only; provided that, you may not, without the permission of Jeppesen or the respective copyright owner, (a) modify the Materials or (b) remove or alter any copyright and other proprietary notices contained in the Materials.

COPYRIGHT COMPLAINTS. Jeppesen respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Jeppesen's copyright agent the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Jeppesen’s copyright agent for notice of claims of copyright infringement on this Site is Jeppesen’s Chief Counsel, who can be reached as follows:

Chief Counsel
Jeppesen Sanderson, Inc.
55 Inverness Drive East
Englewood, CO 80112
Phone: 303.328.4237
Fax: 303.328.4163

TRADEMARKS AND SERVICE MARKS. Jeppesen, Jeppesen Sanderson, Jeppesen DataPlan, the Jeppesen logo, and all products and services described on this Site are either trademarks, service marks or registered trademarks of Jeppesen and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jeppesen or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Jeppesen, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Jeppesen. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

U.S. GOVERNMENT RESTRICTED RIGHTS. If license to the Site is for or on behalf of the U.S. Government, its agencies and/or instrumentalities (the "Government"), the Government acknowledges that the Site and its contents are considered to be "commercial computer software" pursuant to DFAR 227.7202 and FAR 12.212, as applicable. Use, duplication or disclosure of the Site and its contents are subject to the restrictions set forth in DFAR 227.7202, or FAR 52.227-19, or parallel regulations, and in any successor regulations thereto. The manufacturer is Jeppesen Sanderson, Inc., 55 Inverness Drive East, Englewood, Colorado 80112-5498

DISCLAIMER AND RELEASE. JEPPESEN DOES NOT WARRANT THAT THE SITE, THE SERVICES CONTAINED THEREIN WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JEPPESEN IS NOT RESPONSIBLE FOR THOSE COSTS. FURTHER, NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, JEPPESEN CANNOT AND DOES NOT WARRANT THE SERVICES FOR ACCURACY OR FITNESS FOR CUSTOMER’S PARTICULAR PURPOSES. THEREFORE, YOU UNDERSTAND AND AGREE THAT ANY JEPPESEN SERVICE PROVIDED HEREIN IS INTENDED TO BE PURELY ADVISORY IN NATURE; THAT IT INCORPORATES INFORMATION FURNISHED BY USER AND THIRD PARTIES OVER WHICH JEPPESEN HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY JEPPESEN, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR YOUR OWN BEST JUDGEMENT IN ANY GIVEN SITUATION.

THIS SITE AND THE SERVICES CONTAINED HEREIN ARE DELIVERED "AS IS" AND "AS AVAILABLE" AND ARE NOT GUARANTEED TO BE FREE FROM ERRORS OR DEFECTS. USER ASSUMES ALL RISK AS TO THEIR PERFORMANCE.

USER HEREBY WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND ANY OTHER RIGHTS, CLAIMS AND REMEDIES OF USER AGAINST JEPPESEN, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, THIS SITE, AND ANY NONCONFORMANCE OR DEFECT IN THE SOFTWARE, DATA, DOCUMENTATION OR OTHER THINGS PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN, AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT.

FOR THE PURPOSE OF THIS DISCLAIMER AND RELEASE SECTION, "JEPPESEN" MEANS JEPPESEN SANDERSON, INC., ITS PARENT COMPANY, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES, THE ASSIGNEES OF EACH, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.

EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. JEPPESEN OR ITS SUPPLIERS/ LICENSORS WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN), STRICT LIABILITY OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER OR ANY USE OF THIS SITE OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED AND ANY NONCONFORMANCE OR DEFECT IN THE SOFTWARE, HARDWARE, CHARTS, DATA, DOCUMENTATION OR OTHER THINGS PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION, EVEN IF JEPPESEN OR ITS SUPPLIERS/LICENSORS HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF JEPPESEN'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH HEREIN SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT JEPPESEN'S LIABILITY SHALL NOT EXCEED US $100. SOME STATES OR COUTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE SOME ADDITIONAL RIGHTS.

IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT RELEVANT LAWS IN FORCE MAY IMPLY WARRANTIES AND LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED OR WHICH CAN ONLY PARTLY BE EXCLUDED OR LIMITED, THEN THE LIMIT ON JEPPESEN’S LIABILITY SET FORTH HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF JEPPESEN CANNOT EXCLUDE OR LIMIT A WARRANTY OR LIABILITY IMPLIED BY LAW, THESE TERMS AND CONDITIONS OF USE SHALL BE READ AND CONSTRUED SUBJECT TO SUCH PROVISIONS OF LAW.

FOR THE PURPOSE OF THIS EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES SECTION, "JEPPESEN" MEANS JEPPESEN SANDERSON, INC., ITS PARENT COMPANY, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES, THE ASSIGNEES OF EACH, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.

INDEMNIFICATION. Customer will indemnify and hold harmless Jeppesen and its suppliers and licensors from and against all claims and liabilities (including claims by third parties), including costs and expenses (including attorneys' fees), incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of User but not employees of Jeppesen, or for loss of or damage to any property, including any aircraft, arising out of or in any way relating to your breach of the terms of these Terms and Conditions and/or your utilization of this Site and/or the Services or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of Jeppesen. For the purpose of this Indemnification section, "Jeppesen" means, Jeppesen Sanderson, Inc., its parent company, its divisions, subsidiaries and affiliates, the assignees of each, and their respective directors, officers, employees and agents.

EXPORT RESTRICTIONS. THIS SOFTWARE AND ALL UNDERLYING INFORMATION AND TECHNOLOGY DOWNLOADED FROM THIS SITE (COLLECTIVELY THE “SOFTWARE”) CONTAINS TECHNICAL DATA WITHIN THE DEFINITION OF THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS AND IS SUBJECT TO THE EXPORT CONTROL LAWS OF THE U.S. GOVERNMENT. TRANSFER OF THIS DATA BY ANY MEANS TO A FOREIGN PERSON, WHETHER IN THE UNITED STATES OR ABROAD, WITHOUT AN EXPORT LICENSE OR OTHER APPROVAL FROM THE U.S. DEPARTMENT OF STATE IS PROHIBITED. This software may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

MISCELLANEOUS. Jeppesen makes no claims that the Services may be lawfully viewed, printed or downloaded outside of the United States. Access to the Services may not be legal by certain persons or entities in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Additional or different terms and conditions may apply when you use affiliated web sites, third-party content, or third-party software. This Agreement will be interpreted under and governed by the laws of the State of Colorado, except that Colorado’s conflict-of-law provisions shall not be invoked for the purposes of applying the law of another jurisdiction. The United Nations Convention on contracts for the international sale of goods will not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Colorado for any claim or dispute with Jeppesen or any of its subsidiaries, affiliates, officers, agents, or employees. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. You must file any claim or suit related to the Services within one year after it arises. The section titles in these Terms and Conditions are for convenience only and have no substantive effect.

TERMINATION. Subject to prior written agreement(s), Jeppesen reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Any rights not expressly granted herein are reserved.