Welcome to Flight Guide Online at www.flightguide.com, a service brought to you by Airguide Publications, Inc. The following terms and conditions govern your usage of the Airguide Publications' Flightguide Online services ("Online Services") at www.flightguide.com and the materials available therein ("Materials").
Definitions
The terms "Airguide Publications" or "us" or "we" or "our" refers to Airguide Publications, Inc., the owner of the Flightguide Online website.
Acceptance of Terms & Conditions of Use
By using our site, you agree to comply with and be bound by the following Terms and Conditions of Use. If you do not agree to these terms, then you must not use the Flightguide Online website.
Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.
Airport Data and Online Services
Flight Guide Online is not intended to be used for navigation.
Flight Guide Online is an airport reference for VFR use only. Flight Guide Online information is collected from many sources and may not be accurate. Airguide Publications does NOT make on-site surveys of airports. All critical flight information must be verified by the user with official sources at the airport, and by reference to official charts and publications.
The information in Flight Guide Online is intended to supplement official charts; it is NOT intended to provide navigational information essential to flight operations. Airguide
Publications does not guarantee the accuracy of any material published in Flight Guide Online, nor do we guarantee against changes to airport facilities, airspace entities, frequencies or data, and assume no responsibility for the use of the contents of this product.
The misuse of Flight Guide Online can cause unsafe flight operations. If you rely upon the absolute accuracy of the information in Flight Guide Online, you could create a hazard for yourself and others. This can happen because airport information changes daily, and if we aren’t notified of changes, we can’t update the information in Flight Guide Online. It is thus
of paramount importance for you to understand that you cannot absolutely rely upon Flight Guide Online.
What can you do about this? Pick up the telephone. Comply with FAR 91.103 and take required preflight action. Become familiar with all available information concerning your flight. For example, the following steps might be taken:
(a) Prior to flight, telephone a FSS (1-800-992-7433 or 1-800-WX-BRIEF) and obtain a weather briefing, determine fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays.
(b) You must know the takeoff- and landing-distance data for the airplane you are going to fly, and the aircraft performance data with regard to the airport elevation and runway slope, aircraft gross weight, wind, and temperature. Obtain Sigmets, Airmets, and NOTAMs regarding your flight.
(c) Plan your flight with reference to appropriate and current NACO charts. File your flight plan with the FSS in accordance with FAR 91.153 (VFR) or FAR 91.169 (IFR). Then fly the plan. See the General Info section regarding a standard briefing and NOTAMs, and remember, the Pilot in Command is directly responsible for the operation of an aircraft: FAR 91.3. Your preflight call to FSS is necessary to obtain the latest information.
(d) You may also telephone the airport for the latest information; try an FBO there, the control tower, or a local CFI. If you learn something that differs from what you find in Flight Guide Online, please let us know.
(f) Include in Your Preflight Action Checklist
(iii) Review FAR 91.103, “Preflight Action.”
Limited License; Permitted Use
You are granted a nonexclusive, nontransferable, limited license to access via a browser and use the Online Services and Materials from time to time made available to you. This license includes:
Only one individual may access Flight Guide Online at any given time using a given user name or password.
This is a license and is not a transfer of title, and is subject to the restrictions set forth in The Restrictions and Prohibitions on Use Section.
Restrictions and Prohibitions on Use
Except as specifically provided in Section 3.1(a)-(b), you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may not print or download Materials without using the printing or downloading commands of the Online Services.
Except as specifically provided in Airport Data and Online Services Section, you are prohibited from:
(a) modifying the Materials or using them for commercial purposes;
(c) decompiling, reverse engineering, or disassembling software Materials;
You agree to prevent the unauthorized copying of our Materials.
Disclaimer of Warranty
THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND MATERIALS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES of currentness, correctness, completeness, merchantability, fitness for a particular purpose, noninfringement of intellectual property, and freedom from errors.
Airguide Publications does not guarantee that the service will be uninterrupted or error-free, or that the service will be free of viruses or other harmful components. Airguide Publications makes NO representations or warranties of any kind with respect to this site or its contents or the Materials.
Any link on this website is designed only for convenience and does not constitute an endorsement by Airguide Publications of that site or any product, service or other material offered on that site. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link.
Limitation of Liability
You hereby agree to assume all responsibility and risk for the use of this site and the Internet generally. Pursuant to the Restrictions and Prohibitions on Use Section, Airguide Publications is providing this site and its contents on an “as is” basis. You agree and acknowledge that there may be delays, omissions, inaccuracies, or other problems with the Materials, and agree that if you rely on the Materials available through this service, you do so at your own risk.
This site is controlled and operated by Airguide Publications from its offices within the United States of America. Airguide Publications makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in
violation of U.S. export law or regulation.
In no event shall Airguide Publications (including its employees, directors, and agents) be liable to you or any third party for any damages whatsoever including, without limitation, any special, indirect or consequential damages, and damages resulting from loss of use, loss of data, loss of profits, or business interruption, arising out of the use of or inability to use the Materials or any hyperlinked website, even if Airguide Publications has been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of certain categories of damages and as a result, some of the above limitations may not apply to you. In such states, the liability of Airguide Publications is limited to the fullest extent permitted by law.
Intellectual Property Rights
All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the Airguide Publications, Inc. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
(a) Copyright
(i) All Materials found on our website, including without limitation, images, website design elements, text, graphics, logos, buttons, icons, articles, photographs, illustrations, audio and video clips, software programs, databases, and selections and arrangements thereof, are the exclusive property of Airguide Publications, Inc. or its licensors.
(ii) All Materials are copyrighted and protected by applicable copyright laws. Except as otherwise provided for under Sections 3.1(a)-(b) herein, they may not be copied, reproduced, modified, sold, published, uploaded, downloaded, broadcasted, posted, transmitted, or distributed in any way so as to infringe upon Airguide Publications' exclusive rights, without Airguide Publications’ prior written permission.
(iii) Copyright 2007, Airguide Publications, Inc., 1207 Pine Avenue, P.O. Box 1288, Long Beach, CA 90801-1288. ALL RIGHTS RESERVED.
(b) Trademarks and Service Marks
(i) "Flightguide.com™", "Airguide Publications™", "Flight Guide®" and other marks are our service marks or registered service marks or trademarks. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of Airguide Publications, is strictly prohibited. Other product and company names mentioned on our Flightguide Online website may be service marks or trademarks of their respective owners.
(c) Linking and Framing
(i) You may link to our home page at www.flightguide.com, provided that any such link does not imply any sponsorship of your site by Airguide Publications. If you wish to link to material contained at other levels within the site, please contact us at airguide@flightguide.com to request our written permission to do so.
(ii) You may not frame or otherwise incorporate into any other website or service any of the Materials without the prior written permission of Airguide Publications. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact us at airguide@flightguide.com.
Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein.
Except as expressly provided herein, Airguide Publications grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us.
Assignment
This Agreement is personal to you, and you may not assign your usage rights to anyone.
Fees & Payments
You agree to pay all charges and fees incurred in connection with your user name and password for Flight Guide Online Services. All fees and charges are nonrefundable.
The month before your membership expires, Airguide Publications will, unless otherwise notified by you, bill, at whatever yearly subscription rate is in effect at that time, automatically to the credit card designated when you registered.
If you wish to cancel your membership to Flight Guide Online, change the credit-card account to which your services are billed, or the name on or expiration date of said account; or if you believe someone has accessed your Flight Guide Online membership using, without authorization, your user name and password, please call: Airguide Publications’ Customer Service at (800) FLY-FLY1 (359-3591) between 7:00 a.m. and 3:30 p.m. Pacific Time.
Subscriber's Agreement to Lawful and Proper Use
As a condition of your use of this site, you warrant to Airguide Publications that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Miscellaneous
Any rights not expressly granted herein are reserved.
If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable.
Failure of Airguide Publications to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
We respect the privacy of our users and hereby incorporate our Privacy Policy into this Agreement. If you have any concerns regarding privacy, contact us for more information.
Termination
Airguide Publications may discontinue or change Flight Guide Online Services, or its availability, at any time, and you may end your subscription at any time.
This agreement is effective until terminated by Airguide Publications or you. We may terminate the subscription for access to the Online Services at any time without notice. We may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. In the event of termination, you are no longer authorized to access this site, and the restrictions imposed on you with respect to the Materials as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
Jurisdiction
The laws of the State of California will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms and Conditions or your use of the site or the Materials shall be the appropriate state or Federal court in Los Angeles, California.
Entire Agreement
The terms of this Agreement represents the entire understanding between each user of the Flight Guide Online website, regarding each user's relationship with Airguide Publications and supersedes any prior statements or representations.
Comments: Airguide Publications welcomes your feedback. If you have questions or comments about our policies, feel free to contact us.
