These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
EPLANE - TERMS OF USE Updated: January 3, 2024
These Terms are effective upon acceptance for new users, and from January 3, 2024, for existing users.
SECTION 10.3 OF THE TERMS BELOW CONTAINS A BINDING ARBITRATION AGREEMENT FOR USERS IN NORTH AND SOUTH AMERICA. BY AGREEING TO THE TERMS BELOW, YOU AND EPLANE AGREE TO SUBMIT ANY DISPUTES BETWEEN US EXCLUSIVELY TO INDIVIDUAL ARBITRATION AND NOT TO SUE IN COURT, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED BELOW.
ePlane USA Inc. and its affiliates (referred to here as “ePlane,” “we,” “us,” “our”) provides its platform through its website located at https://www.eplane.com/ (the “Website”) and related services (collectively, such services, including any new features and applications, and the Website, the “Services”), subject to the following Terms of Use (as amended from time to time, the "Terms of Use"). The following Terms of Use set forth the legally binding terms governing your use of the Website and the Services. Your right to use the Services is expressly conditioned on acceptance of these Terms of Use. ePlane reserves the right to modify these Terms of Use at any time. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Use. Users of the Services are referred to herein as “you,” “your,” or “User.” Each of User and ePlane are individually referred to herein as a “Party” and collectively, the “Parties.”
In addition to these Terms of Use, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Website from time to time.
1.1 Services Description. The Services are designed to provide owners of aircrafts, airplanes, spare parts and related goods (the “Goods” and such owners, the “Sellers”), a convenient platform for managing, organizing, communicating with, and making offers to potential buyers (the “Buyers”) and third-party vendors and suppliers (the “Vendors”). Sellers may use the Services to display, promote and sell Goods and provide related services to Buyers and to better manage their operations with Buyers. Buyers may use the Services to find and purchase Goods and services.
1.2 Registration. To use the Services, you must register by creating an account (the "Account") using your email address and a password. A confirmation of the activation of your Account will be sent to you to the indicated email address. Only legal entities and physical persons are allowed to be a member of the Website. You are solely responsible for keeping your password secret and secure and you agree to provide us with truthful and correct information about you as required by the registration process or subscription and update this information promptly as needed to ensure that it remains fair and complete. You must notify us immediately of any breach of security or unauthorized use of your Account. A member account and/or a subscription is not transferable. ePlane reserves the right to refuse the registration of a member for any reason and in its sole discretion.
1.3 Subscription. If you subscribe to any paid services of the Website, including AI, Autopilot, or Aero Enterprise (“Subscription Services”), you undertake to pay the applicable fees and hereby agree to terms specific to such Subscription Services. Failure to pay these fees will result in the termination of your subscription. In order to avoid interruption in your use of the Subscription Services, you authorize us to store and continue billing your credit card or other payment method. The payment method you have chosen will automatically be charged ahead of each subscription term for the fees relevant to such period. You may cancel your subscription at any time; however, all subscription fees are paid non-refundable, regardless of the date of cancellation. Your subscription to Subscription Services is personal and may not be shared or transferred except as explicitly permitted by these Terms of Use. Any breach of such guidelines or of these Terms of Use may result in the suspension or termination of your subscription and/or account, in addition to any other available remedy. Should there be an increase in your subscription cost, ePlane will notify you via your email address to your account at least thirty (30) days before the increase in subscription cost occurs.
1.4 Modifications to Services. ePlane reserves the right to modify or discontinue the Services (or any part thereof), temporarily or permanently, with or without notice. You agree that ePlane will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
1.5 General Practices Regarding Use and Storage. You acknowledge that ePlane may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on ePlane's servers on your behalf. To the extent permitted by applicable laws, you agree that ePlane has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Services. You acknowledge that ePlane reserves the right to terminate accounts that are inactive for an extended period of time.
2.1 ePlane's Platform. ePlane acts as an intermediary and is not a party to any agreement between Sellers, Buyers, or Vendors or other third parties that is facilitated using the Services. All dealings are solely between the respective parties to such agreement, and ePlane will have no liability for any interactions therein. ePlane is not responsible for any contracts or proposals that Sellers upload to the Website other than making such contracts available for review on its Website. You acknowledge and agree that ePlane is not a party to (though it may be an intended third-party beneficiary of) any agreements executed between Sellers, Buyers, Vendors or other third parties that is facilitated using the Services, and the formation of such agreements will not, under any circumstances, create an employment or other service relationship between ePlane and such parties, and ePlane will have no liability under any such agreements. Your interactions with other Sellers or Buyers are at your sole risk. ePlane will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Seller or Buyer, or for any personal injuries, death, property damage, or other warranties, damages or expenses resulting from your interactions on, or use of, the Services. ePlane has no control over and does not guarantee the existence, quality, safety, or legality of any Goods or any services advertised by Sellers; the truth or accuracy of any advertisements; the ability of Sellers to sell Goods or services; the ability of Buyers to pay for any Goods or services; or, the completion of any transaction on the Website. ePlane does not warrant or guarantee that any Goods or services offered through the Services will meet a Buyer's requirements. Should Users need to contact ePlane regarding problems with the Website or disputes with other Users, they may submit complaints to ePlane as outlined in Section 10.1.
2.2 Stripe. Payment processing services for Buyers and Sellers on ePlane are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use or continuing to operate as a Buyer or Seller on ePlane, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ePlane enabling payment processing services through Stripe, you agree to provide ePlane accurate and complete information about you and your business, and you authorize ePlane to share it and transaction information related to your use of the payment processing services provided by Stripe.
2.3 User Conduct. By using the Services, you are representing that you have the right, power and legal capacity to enter into a binding agreement and are not otherwise prohibited from using or receiving the Services pursuant to any applicable laws of the local or national jurisdiction from which you are accessing or using the Services. You further agree not to use the Services for any illegal or unauthorized purpose and in accordance with the terms set forth by these Terms of Use, the Website's policies and any applicable laws, rules and regulations. Without limiting of the foregoing, you agree to fully comply with: (i) all applicable laws regarding online conduct and with respect to your activities on the Website and your content; and (ii) all export control laws, regulations, and related administrative requirements of the country of your residence and any relevant jurisdictions, including those outlined in Section 2.4. If you are a Seller using the Services, you further represent and warrant that the Goods offered by you are and will at all times: (i) shall not consist of bogus or counterfeit parts; and (ii) if the goods are promoted via other platforms (i.e. third party websites, Seller’s website, marketing materials, etc.), the pricing of Goods offered using the Services will not be higher than the pricing quoted on other such platforms. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and other media, links or any other content that you submit post or display on the Website and will not publish any data which may be considered as technical data (i.e. drawings, descriptions of manufacturing process, etc.), unless you explicitly certify that such data is in the public domain. As a Seller, you agree to deliver the items that have been purchased unless the material conditions of delivery are not met. You agree not to modify, adapt or hack the Website, or create or modify another website so as to falsely imply that it is associated with ePlane. You agree not to solicit, harass or impersonate ePlane users. Furthermore, while ePlane discourages certain conduct and content on the Website, you acknowledge and agree the Website is a platform for user submissions and as such is not responsible for the content posted on it. You agree to use the Website and use the Services at your own risk. You are solely responsible for any information you provide to ePlane or other users in the registration, in the listing process (which may include items, item descriptions, messaging text, newsletters, photographs, audio, video and descriptions, content and any other information submitted via the Website, in any messaging service on the Website, in any public message area (including forums or feedbacks), or through any email feature ("Content"). ePlane shall bear no liability whatsoever in respect of any of your Content or your activities on the Website, which includes, for example, listing items, posting comments and/or blogging, providing feedback and the like, email, selling and buying products, communication with a party to a transaction etc. ePlane reserves the right to investigate and take appropriate legal action against anyone who, in ePlane's sole discretion, violates this provision, including without limitation, removing Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to: (A) upload any Content that: (i) you do not have a right to upload under any law or under contractual or fiduciary relationships; (ii) poses or creates a privacy or security risk to any person; (iii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” any other form of solicitation; or (iv) in the sole judgment of ePlane, is objectionable, restricts or inhibits any other person from using or enjoying the Services, or which may expose ePlane or its users to any harm or liability; (B) harass, stalk or abuse another user of the Website; (C) make any statement, implicitly or explicitly, that is false, misleading, untruthful or inaccurate, defamatory, libelous, unlawfully threatening or unlawfully harassing, harmful, abusive, or vulgar, or promotes violence, racial hatred, terrorism or illegal acts; (D) engage in communications that are fraudulent of involve the sale of illegal, counterfeit, or stolen items, or items which violate the Terms of Use in any way; (E) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (F) violate any law, local, state, federal or international law, statute, ordinance or regulation; (G) upload or otherwise introduce to the Website or the Services any software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website or the Services; (H) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (I) impersonate any person or entity, or falsely state or otherwise misrepresent your credentials or your affiliation with a person or entity. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services and your listings, purchases, solicitation of offers, and sale of items, if and to the extent applicable.
2.4 Economic Sanctions and Export Controls. You further agree that you will not engage, under any circumstances whatsoever, in any transaction prohibited by the economic sanctions and export control laws and regulations of the United States or any other jurisdiction, as applicable. If you are a Seller using the Services you further agree, represent and warrant that: (i) you are not currently subject to economic sanctions administered by the United States, the European Union, or any other jurisdiction, as applicable; (ii) you shall be solely responsible for compliance with all applicable economic sanctions and export control laws and regulations and shall obtain all necessary licenses or authorizations required according to the laws of the United States or any other jurisdiction, as applicable, including your country of residency; (ii) you will conduct appropriate “Know Your Customer” due diligence and will not engage in any transaction or export Goods contrary to applicable law, including to any party subject to economic sanctions or other trade-related restrictions by the United States, your national government, or any other jurisdiction, as applicable; (iii) the Goods offered by you are and will at all times comply with any applicable export control laws, rules or regulations, including without limitation, the Export Administration Regulations (“EAR”); and (iv) the Goods offered by you are not military items controlled under the International Traffic in Arms Regulations (“ITAR”).
2.5 Fees. If you are required to pay any fees for our Services, or you are a Buyer paying a Seller for Goods or services via the Service, you may be required to provide information regarding your credit card or other payment instrument. You represent and warrant to ePlane that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information if needed (for example, a change in your billing address or credit card expiration date). If you dispute any charge by ePlane you must notify ePlane within thirty (30) days from the disputed payment. If as a Buyer you dispute any charges by a Seller, you must contact the Seller directly. As a Seller, if you agree to refund any fees to a Buyer, you are responsible and will pay ePlane (and ePlane may retain) any direct transaction costs associated with such a refund. You are responsible for all taxes associated with the services other than taxes based on ePlane's net income.
3.1 You hereby grant to ePlane the right to use your trademark, logo and Content in promotional campaigns in all forms of media. You expressly agree that ePlane is allowed to use your trademark, logo and Content in marketing materials and on its website and to identify you as a customer.
3.2 Service Content, Software and Trademarks: You acknowledge and agree that the Services may contain content, data or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of ePlane and its affiliates and licensors (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ePlane. Nothing herein shall be constructed as granting, by implication, estoppel, or otherwise, any license or right to use any of ePlane Trademarks displayed on the Services. All goodwill generated from the use of ePlane Trademarks will inure to our exclusive benefit.
3.3 Submissions. In connection with any content that you post on the Website or otherwise through the Services (each, a "Submission") you agree that such Submissions are intended for public display on the Website and hereby grant ePlane a worldwide, non-exclusive, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferable license to store and publicly display the Submissions, including any designs, images and prints of such designs (in each case directly or through subcontractors), for the purposes of providing or promoting the Services, without compensation, liability or notice to you.
3.4 Transactional Information. You acknowledge that ePlane has or may have access to information about transactions facilitated using the Services, including the identity of the parties to such transactions, descriptions of the Goods, the terms of the transaction (to the extent available to ePlane), and any other information which the parties may exchange while using the Services and which ePlane processes and has access to as part of the provision of its Services (“Transactional Information”). ePlane commits to keep such information strictly confidential and to the extent the Transactional Information includes personal data, to process such personal data according to the Privacy Policy.
3.5 Third Party Materials. Under no circumstances will ePlane be liable in any way for any content or materials of Users or any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ePlane does not pre-screen content, but that ePlane will have the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Services if we reasonably determine such action is appropriate to prevent errors, any harm with respect to the Services, violation of this Agreement or our policies, or to avoid or limit our liability. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
3.6 Copyright Infringement Policy. ePlane is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Services are covered by a single notification, a representative list of such works that appear within the Service; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ePlane will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, ePlane will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ePlane may notify the owner or administrator of the affected Content so that he or she can make a counter- notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to ePlane's designated agent (the "Designated Agent") that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (iv) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ePlane may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by emailing all required documentation to: support@eplane.com with the words “Attn Copyright Infringement Designated Agent” in the subject line.
3.7 Third Party Websites. The Services may provide, or third parties may provide, links or other access to or linking with information included in other sites and resources on the Internet. ePlane has no control over such sites and resources and ePlane is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that ePlane will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. To the extent you choose to link, or provide access to any third party site or service in connection with your use of the Services, you agree to do so in accordance with these Terms of Use.
You agree to indemnify, defend and hold ePlane, its affiliates, shareholders, officers, employees, agents and representatives harmless from and against any and all third-party claims, losses, damages, taxes, liabilities and/or expenses, including but not limited to legal costs, due to or arising out of your breach of these Terms of Use or any other policy documents and community guidelines as may be posted on the Website from time to time, or your violation of any law or the right of a third party.
EPLANE TAKES COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES ON AN ON-GOING BASIS; HOWEVER, THE SERVICES MAY BE INACCESSIBLE, UNAVAILABLE OR INOPERABLE FROM TIME TO TIME. THIS MAY RESULT FROM: (I) PERIODIC MAINTENANCE OR REPAIRS; (II) EQUIPMENT MALFUNCTIONS; (III) NETWORK ATTACKS OR OTHER HOSTILE ACTIONS; OR (IV) OTHER REASONS BEYOND EPLANE'S CONTROL. PLEASE NOTE THAT THESE CIRCUMSTANCES OR OTHERS MAY AFFECT THE AVAILABILITY OF THE SERVICES AND AS SUCH, AVAILABILITY IS NOT 100% GUARANTEED. IN ADDITION, AS THE INTERNET IS INHERENTLY INSECURE MEDIUM AND THE TRANSMISSION OF DATA OVER THE INTERNET IS SUBJECT TO POSSIBLE LOSS, ERRORS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT, EPLANE DOES NOT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY LOSS, ERRORS INTERCEPTION OR ALTERATION OF TRANSMISSIONS OVER THE INTERNET. WHILE WE TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF YOUR INFORMATION IN ACCORDANCE WITH EPLANE'S PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE BE DEEMED TO CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON EPLANE'S PART, OR RESULT IN EPLANE BEING LIABLE TO YOU IF SUCH INFORMATION IS INADVERTENTLY RELEASED TO, OR ACCESSED BY ANY THIRD PARTY UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWS.
EPLANE'S WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. EPLANE DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. EPLANE DOES NOT WARRANT THAT THE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THERE MAY BE DELAYS, OMISSIONS AND INTERRUPTIONS IN THE AVAILABILITY OF THE WEBSITE.
PLEASE NOTE THAT SOME OF THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPLANE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFIT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EPLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL EPLANE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF UP TO USD$ 100 UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL, BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS TERMS OF USE.
Please read this Section carefully, as it affects your rights.
10.1 Complaints. Should you have any complaints against ePlane relating to the Services, those complaints should be submitted to support@eplane.com prior to entering into any additional formal or informal dispute resolution. We will work quickly toward a solution in a spirit of cooperation and without formal proceedings. Should the complaint not be resolved amicably, you may proceed to resolve your complaint as a dispute under terms set forth in Section 10.2.
10.2 Informal Dispute Resolution. You and ePlane (including employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and the Parties will not sue each other in court before a judge or jury, except in the limited circumstances described below. This Section 10.2 (“Arbitration Agreement”) applies to the fullest extent allowable by law. Before filing an arbitration, you and ePlane will try in good faith to resolve any dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to support@eplane.com that includes (a) your name, phone number, username, email address for your account, and shop name (if applicable), and (b) a description of the dispute your preferred resolution. If ePlane has a dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a Notice of Dispute has been received, the recipient has sixty (60) days to investigate the claims. If either Party requests settlement conference during this period, then the Parties must cooperate to schedule a settlement meeting via phone or videoconference. The Parties will each personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the Notice of Dispute is received until the later of (i) sixty (60) days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
All arbitration will be conducted by the American Arbitration Association (“AAA”). The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either Party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live or another mutually agreed location (for US residents) or New York County, New York or another mutually agreed location (for non-US residents). The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Arbitration Agreement. But if you are using the Services as a business and either your or ePlane’s claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by this Arbitration Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would. The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 10 (Complaints, Informal Dispute Resolution and Governing Law) and either party’s compliance with Section 10.2 (Informal Dispute Resolution). The arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and ePlane. Judgment on the award may be entered in any court with jurisdiction. Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, notify ePlane at support@eplane.com, and ePlane will pay the difference on your behalf.
10.3 Governing Law. These Terms of Use shall be construed and interpreted in accordance with the laws of the State of New York excluding its conflict of law rules. You agree that any cause of action arising out or related to the Services or these Terms of Use must begin within 12 months after the cause of action arose. Otherwise, the action is barred.
11.1 Termination by ePlane. You agree that ePlane, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if ePlane believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that ePlane may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Services. Further, you agree that ePlane will not be liable to you or any third party for any termination of your access to the Services.
11.2 Termination by you. You can remove your profile at any time by deleting your Account. However you will not be entitled to be refunded of any payment made on the Website or in relation with the Services.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and ePlane will have no liability or responsibility with respect thereto. ePlane reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Use constitute the entire agreement between you and ePlane and govern your use of the Services, superseding any prior agreements between you and ePlane with respect to the Services. You may not assign these Terms of Use without the prior written consent of ePlane, but ePlane may assign or transfer these Terms of Use, in whole or in part, without restriction. The Services may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Services.
We encourage you to visit the links below to learn more about export control. In addition, Goods subject to the ITAR are prohibited for sale on the Website. Please visit ITAR USA link below to learn more about ITAR. Please note that the links are for your convenience but it is not an exhausting list, and do not, in any way, constitute professional advice or replace legal counseling:
ITAR USA - https://www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_compliance_landing
EAR USA - https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear
OPAC USA - https://home.treasury.gov/policy-issues/financial-sanctions/faqs/73
BAFA Germany - http://www.bafa.de/EN/Foreign_Trade/Export_Control/export_control_node.html
GB Export Control - https://www.gov.uk/government/organisations/export-control-organisation
EU Dual Use Export Control - http://ec.europa.eu/trade/import-and-export-rules/export-from-eu/dual-use-controls/