Spartan Aviation, LLC
Terms of Service

Effective as of March 3, 2024, until replaced
Welcome to RunwayStats! These Terms of Service ("Terms") govern your access to and use of the website, products, and services (referred to collectively as "Services") offered by Spartan Aviation, LLC and RunwayStats.com ("RunwayStats"). By accessing or using Services, you agree to be bound by these Terms.

ACCEPTANCE OF TERMS
By accessing or using the RunwayStats website and services ("Service"), you agree to comply with and be bound by these Terms of Service. If you do not agree with these terms, please do not use the Service.

USER CONDUCT
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation. You also agree not to:
  1. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services;
  2. Impersonate or attempt to impersonate RunwayStats, a RunwayStats employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  3. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
  4. Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
  5. Use any device, software, or routine that interferes with the proper working of the Services;
  6. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
  8. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
  9. Otherwise attempt to interfere with the proper working of the Services.

USER SUBMISSIONS
Any content or materials that you submit to us or post on our website, including, without limitation, comments, feedback, suggestions, or ideas ("User Submissions"), will be considered non-confidential and non-proprietary. By providing any User Submission, you affirm, represent, and warrant that:
  1. You own or have the necessary licenses, rights, consents, and permissions to publish and otherwise use such User Submissions.
  2. You grant to us and our affiliates and service providers a royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide right and license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit such User Submissions, in whole or in part, in any and all formats and distribution channels now known or hereafter devised (including in connection with the RunwayStats website and services), without further notice to, consent from, or payment to you or any other person or entity.
  3. Any feedback, comments, ideas, improvements, or suggestions (collectively, "Feedback") provided by you to RunwayStats with respect to the Service shall remain the sole and exclusive property of RunwayStats. RunwayStats shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you. Your Feedback is provided voluntarily, and RunwayStats will not be under any obligation to use or pay for the Feedback provided.
    You acknowledge and agree that:
  4. You shall have no claim against us for any alleged or actual infringement or misappropriation of any proprietary or other rights in your User Submissions.
  5. You agree to indemnify and hold us harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with any User Submissions you provide or your violation of any law or the rights of another.
  6. We reserve the right, but are not obligated, to: Monitor, edit, or remove any User Submissions for any reason, including if such content violates these Terms of Service, any applicable law, or any third-party right, or is otherwise objectionable. Refuse to publish any User Submission at our discretion.
  7. In submitting User Submissions, you agree to follow our content standards, which prohibit the submission of illegal, offensive, or otherwise inappropriate content. You understand and agree that we may exercise our rights to your User Submissions without attribution or compensation to you and that we are under no obligation to maintain the confidentiality of any User Submission.
  8. By submitting User Submissions, you also waive any moral rights or other rights of a similar nature in such submissions to the fullest extent permitted by law.

OWNERSHIP
  1. The website, along with its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by RunwayStats, its licensors, or other providers of such material. These components are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. The Services, including their entire contents, features, and functionality, are owned by RunwayStats or its licensors and are likewise protected by international and United States intellectual property laws. This includes all original content, features, and functionality of the Site.
  3. These Terms grant you a limited license to use the Services for your personal, non-commercial use only. Under this license, you are permitted to:
    1. Temporarily store copies of materials in RAM incidental to your accessing and viewing those materials.
    2. Store files that are automatically cached by your Web browser for display enhancement purposes.
    3. Print or download a reasonable number of pages of the Services for your own personal, non-commercial use.
  4. If RunwayStats provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device, solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  5. When utilizing social media features provided with certain content, you may take actions that are enabled by such features.
  6. The following actions are strictly prohibited:
    1. Modifying copies of any materials from the Services.
    2. Using any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    3. Deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
    4. Any use of the Services not expressly permitted by these Terms constitutes a breach of these Terms and may violate copyright, trademark, and other laws.

USAGE LIMITS
  1. RunwayStats reserves the right to establish, modify, or enforce usage limits for the Service at any time, with or without notice. These limits may include, but are not limited to, the number of concurrent sessions, data bandwidth usage, storage capacity, processing capacity, number of queries or transactions, and the frequency of access. Usage limits may be imposed to ensure the optimal performance and security of the Service, to comply with legal and regulatory requirements, to prevent abuse, or to ensure fair access for all users.
  2. We reserve the right to implement or adjust these limits without prior notice in situations where we deem it necessary, such as for the security of our Service or to protect the overall functionality for our users.
  3. If you exceed any established usage limits, your access to the Service may be restricted, suspended, or terminated. This may include, but is not limited to, throttling your data access, limiting your access to certain features, or suspending your account.
  4. If you believe that the imposed usage limits are unjust or are adversely affecting your use of the Service, you may contact us to discuss your concerns. We will consider reasonable requests for adjustments to these limits on a case-by-case basis.
  5. RunwayStats reserves the right to change these usage limits at any time, and such changes will be effective immediately upon posting on the website or notification to you.

DISCLAIMER OF WARRANTIES
RunwayStats makes no warranty, express or implied, regarding the website or services, including without limitation, any warranties of merchantability, non-infringement, fitness for a particular purpose, or course of performance. Your use of the Site is at your sole risk. The Service is provided "as is" and RunwayStats does not warrant that the website or services will meet your requirements, or that the operation of the website or services will be uninterrupted or error-free.

LIMITATION OF LIABILITY
Under no circumstances will RunwayStats, its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation any loss of profits, goodwill, data, use, or other intangible losses, arising out of or in connection with your use of the website or services, even if RunwayStats has been advised of the possibility of such damages.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RunwayStats, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, partners, and licensors from any third-party claim or demand, liability, damages, and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of the website or services, your User Submissions, your violation of any rights of another, or your violation of these Terms of Service.

LINKS TO OTHER WEBSITES
Our Site may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

TERMINATION
  1. RunwayStats reserves the right to terminate or suspend your access to our Service and Site at any time, with or without cause, and with or without notice, effective immediately. This termination may be for any reason, including but not limited to a breach of these Terms by you, or in the event of non-payment or denial of payment for services provided.
  2. If you wish to terminate your agreement with these Terms of Service or your RunwayStats account, you may do so by discontinuing your use of the Service. Please note that merely uninstalling the application or closing your account does not automatically terminate any ongoing obligations or responsibilities you have under these Terms.
  3. Upon termination of access to the Service, for any reason:
    1. Survival of Provisions: Certain provisions of these Terms will continue to be in effect post-termination. This includes, but is not limited to, ownership provisions, warranty disclaimers, indemnity clauses, and limitations of liability. These provisions survive termination due to their nature and the rights or obligations they govern.
    2. No Liability: RunwayStats will not be liable to you or any third-party for termination of your access to the Service.
    3. Effect on User Content: We reserve the right to retain or delete any information or content that you may have provided or created while using the Service, as per our data retention policies and applicable laws.
    4. Notification: While we aim to provide prior notice of termination where feasible, we are not obliged to do so, especially in cases of breaches by the user or non-payment issues.
    5. User Obligations: Upon termination, you are still obligated to pay any outstanding fees owed to RunwayStats and to comply with any legal obligations or responsibilities that survive the termination of these Terms. Denial of payment for services rendered may result in immediate termination of your access to the Service.
We recommend you save any necessary information or content from your account before discontinuing your use of the Service, as we may not be able to provide it after termination.

GOVERNING LAW AND JURISDICTION
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice of law or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the service shall be instituted exclusively in the federal or state courts located in Denver County, Colorado.

CONFLICT RESOLUTION AND ARBITRATION
For any disputes or conflicts arising from or related to the use of the Services, please be aware that specific conflict resolution and arbitration procedures are outlined in our Customer Agreement. By agreeing to these Terms of Service, you also acknowledge and agree to abide by the dispute resolution and arbitration mechanisms as specified in the Customer Agreement, which you will be required to sign upon registering for our Services. This agreement to arbitrate requires (except where prohibited by law) that all disputes between you and RunwayStats be resolved by binding arbitration only and not through court proceedings. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.

WAIVER AND SEVERABILITY OF TERMS
The failure of RunwayStats to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.

CHANGES TO TERMS OF SERVICE
RunwayStats reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

PRIVACY POLICY
The collection, use, and protection of your personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms of Service and can be found at https://www.runwaystats.com/?page=privacy. By using our Services, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy. Our Privacy Policy outlines our practices regarding the collection, use, and sharing of your personal information, and it also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

CONTACT INFORMATION
For questions about these Terms of Service, contact support@runwaystats.com.