Last Modified: February 04, 2021
This website or any of our other websites (“Site”) is provided by Vertex Aerospace, LLC (“us,” “we,” “Vertex,” or “our”) to you (“you,” “your,” or “user”) without charge as a convenience and for your information only.
This website is offered and available to users who are 18 years of age or older. By using this website, you represent and warrant that you are of legal age to form a binding contract with Vertex Aerospace and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.
The following terms and conditions apply to all of our websites, including any websites owned, operated or sponsored by any of our subsidiaries or affiliates. These Terms are entered into by and between you and us and govern your access to and use of VTXAero.com, including any content, functionality and services offered on or through VTXAero.com (“website”), whether as a guest or a registered user. Please click through each section of the Terms to ensure you accept and agree to be bound and abide by these Terms, incorporated herein by reference as you use the website. If you do not want to agree to these Terms, you should not access or use the Site.
- Accessing the Site
- Intellectual Property Rights
- Modifications & Termination
- Disclaimer Of Warranties
- Limitation Of Liability
- Class Action and Jury Trial Waiver
- Confidential Information
- Governing Law
- Geographic Restrictions
- Limitation on Time to File Claims
- Attorney’s Fees and Costs
- Waiver and Severability
- Press Release
You are responsible for:
– Making all arrangements necessary for you to have access to the website.
To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any suspected or actual unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
By continuing to assess the Site, you acknowledge you are aware of these Terms and will not violate these Terms or cause harm or injury to any person or entity.
Vertex Aerospace owns all legal rights to Site and its entire content, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned solely by Vertex Aerospace, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
– Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
– You may store files that are automatically cached by your Web browser for display enhancement purposes.
– You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
– If we provide 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.
– If we provide social media features with certain content, you may take such actions as are -enabled by such features.
You must not:
– Modify copies of any materials from this site.
– Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
– Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
– Access or use for any commercial purposes any part of the website or any services or materials available through the website.
– Excerpt or misrepresent any image or text on this site that in any manner may distort, mislead, defame or commercially injure Vertex or its reputation.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of the Terms, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the website is transferred or licensed to you, and all rights not expressly granted are reserved by Vertex Aerospace. Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The company name, all related logos, product and service names, designs and slogans are trademarks of Vertex Aerospace. You must not use such marks without the prior written permission of Vertex Aerospace. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
Any unauthorized use of any trademark of Vertex Aerospace may be a violation of applicable trademark laws. Any third-party names or trademarks referenced on the website do not constitute or imply affiliation, endorsement, sponsorship, or recommendation by Vertex Aerospace.
We hold the right to make any changes or terminate any aspect of the Site including the website or individual users of the Site. We reserve the rights to limit features or restrict access to all or any aspect of the Site without notice or penalty. We may revise these terms from time to time without notice, and the most current version will always be posted on the website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Site, its content and any services or items obtained through the Site is at your own risk. The Site, its content and any services or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Vertex Aerospace nor any person associated with Vertex Aerospace makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site. Without limiting the foregoing, neither Vertex Aerospace nor anyone associated with Vertex Aerospace represents or warrants that the Site, its content or any services or items obtained through the Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components or that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations.
VERTEX AEROSPACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event will Vertex Aerospace, its service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, the maximum aggregate amount that Vertex Aerospace or any of its licensors or providers, or its or their officers, directors, employees, contractors, consultants, agents or other representatives may be liable to you for under any theory or cause of action arising out of or relating in any way to the website or any user contributions whether in contract, tort, or otherwise, shall be one hundred u.s. dollars ($100).
Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability in a manner that is not permissible under applicable law. in some circumstances, some jurisdictions may not permit the exclusion of certain warranties or conditions, the exclusion of incidental or consequential damages, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms. accordingly, only the above limitations which are lawful in the applicable jurisdiction as to your use of the website will apply to such use. With respect to any limitations which are not lawful as stated, Vertex Aerospace and its suppliers’ and providers’ liability will be limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold harmless Vertex Aerospace and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms; any gross negligence, willful misconduct, fraud, or violation of law by you or others that you permit to use any aspect of the website; or your use of the website, including, but not limited to, your User Contributions, any use of the website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the website.
To the extent permitted by applicable law, you and Vertex Aerospace agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Vertex Aerospace agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
To the extent permitted by applicable law, you and Vertex Aerospace agree that neither will request a trial by jury unless both you and Vertex Aerospace agree.
We do not want to receive confidential or proprietary information from you through our Site. If you transmit to or post on our Site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy.
You are not authorized to post on or transmit to or from our Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
All matters relating to the website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the district or federal courts of competent jurisdiction located in the State of Mississippi. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations.
If Vertex is the substantially prevailing party in any lawsuit or other legal action between you and Vertex, Vertex shall be entitled to recover its reasonable attorney’s fees and costs.
No waiver of by Vertex Aerospace of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Vertex Aerospace to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
All press releases and other materials presented or released to the financial community that are contained on the website were, to the best of Vertex Aerospace knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. Vertex Aerospace has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the website.
We use your information to provide and improve the Site. By using the Site, you agree to the collection and use of information in accordance with this Policy. We may collect two types of information from users for the Site: “Personally Identifiable Information” which is information that you provide that can be used to identify you (such as phone number, email, etc.) and “Non-Personally Identifiable Information” which is information that cannot be used to identify you (such as frequency of visits to the Site, browser type, etc.)
Personally Identifiable Information Collected that You Provide Us
The Personally Identifiable Information that you voluntarily provide to us when you use the Site can vary based on the specific activities we undertake but typically consists of:
– Contact information: name, address, email address, phone number
– Employment information: job title, the company or organization you work for, details you may provide if you apply to work for us.
We use different methods to collect Personally Identifiable Information including, but not limited to, when you:
– fill in forms or use the functions and services on our website, including any interactive features such as an online forum on our website
– enter into a contract with us (e.g., by means of our business development team, through service agreements, as a supplier, or a business partner, etc.)
– access our premises
– use our IT resources and communication systems (e.g., email, network, Wi-Fi, etc.)
– correspond with us by phone, email, letters or otherwise
– apply to work for us
– purchase products from us, or send us products for repair
– provide it to third parties who may disclose your information to us, such as our business partners.
Non-Personally Identifiable Information Collected Automatically or Aggregated
Non-Personally Identifiable Information may be collected when you visit our Site. This information may be collected automatically or aggregated Information that you provide us that does not identify you. For example when we may collect your usage data, device type, other websites you visited recently, time and date of your visit and other automatic or aggregated Non-Personally Identifiable Information. We may collect, use, store, and transfer Non-Personally Identifiable Information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site. You can learn more about cookies and how they work at www.allaboutcookies.org.
How We Use Your Information
The table below includes, but is not limited to, various ways we use Personally Identifiable Information, and which of the legal bases we rely on to do so. Note that Personally Identifiable Information may be used for more than one legal basis depending on the specific purpose for which your information is needed.
|Use of Personally Identifiable Information||Legal Basis for processing|
|For performance and administration of our customer contracts, warehouse, accounting, business development, service, purchase management and billing and collection purposes, including storage of information in company active directory systems for server, user, domain, or access management.||Necessary for contract performance between you and us as well as for the purposes of ensuring network and information security.|
|For customer relationship management, shipping related communication, including storage of such information in our systems for the same purposes.||Necessary for contract performance between you and us and for our legitimate business interests, namely the correct management of the business relationship as well as internal administrative purposes.|
|For customer relationship, business contact, or supplier relationship management, including storage of such information in our systems.||Necessary for contract performance between you and us and for our legitimate business interests, namely the correct management of the business relationship as well as internal administrative purposes.|
|To process job applications where you apply to work with us, including where necessary to screen your personal information against denied parties’ lists/systems for processing employment applications.||Necessary for contract performance between you and us and for our legitimate business interests, namely human resources purposes and the interest of preventing fraud, crimes and/or unlawful behaviors.|
|To screen your personal information against denied parties’ lists/systems for controlling the access to our premises.||It will be necessary for our legitimate business interests, namely the interest of preventing fraud and/or illicit behaviors and/or unlawful accesses as well as protecting our assets and premises.|
|To screen your personal and shipping information against denied parties’ lists/systems for carrying out import/export controls.||It will be necessary for our legitimate business interests, namely the interest of preventing fraud, crimes and/or unlawful behaviors.|
|To operate our website, including any of its interactive features, to ensure network and information security, to monitor the performance of our website and to improve your user experience.||It will be necessary for our legitimate business interests, namely for the purposes of operating our website.|
Sharing of Information Collected
Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
We may transfer your Information to other third-party entities that further support the mission of Site and for the purpose of providing you with the Site for example to provide the Site on our behalf, to perform Site-related services or to assist us in analyzing how our Site is used. These third parties have access to your Information only to perform these tasks on our behalf and we require that they do not disclose or use your information for any other purpose.
We may share your Information when required to by law when it is necessary to comply with a legal obligation, protect and defend the rights or property of Site, prevent or investigate possible wrongdoing in connection with the Site, protect the personal safety of users of the Site or the public and protect against legal liability.
We may share generic and aggregated information not linked to any Personally Identifiable Information regarding our website users with third parties.
Vertex disclaims any liability for the misappropriation or misuse of any Personally Identifiable Information by any third-party in violation of this policy.
How We Protect Your Information
The security of your information is important to us and we strive to take measures to protect your information. All information we collect and process about you is stored on our secure servers located in our various business units or hosted in secure cloud-based environments. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How Long We Keep Your Information
Our information retention periods for Personally Identifiable Information are based on business needs and legal requirements. We retain information for as long as is necessary for the purpose(s) for which the information was collected including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
If we provide a link to a third party, it should not be considered an endorsement. We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website’s owners or sponsors.
If you are a resident of California as defined in the California Code of Regulations (18 CCR § 17014), you have the following rights under the California Consumer Privacy Act of 2018 (“CCPA”):
Effective January 1, 2020, the CCPA allows California residents to request: access to their personal information in a portable and readily usable form; disclosure of the specific categories of, and sources for, personal information that the company has collected about you; the business or commercial purposes for collecting the personal information; the categories of third parties with which the information was shared; and, deletion of your personal information, subject to certain exceptions.
You must verify your identity before we will fulfill your request. As a part of this verification process, government identification may be required. You may designate an authorized agent to make a request under the CCPA on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney and the requester’s valid government-issued identification.
You have the right to make a request two times in a 12-month period, free of charge. We will respond within 45 days of receiving your request, unless we request an extension. In the event a 45-day extension is needed, we will notify you of the extension within the initial 45-day period.
As defined by California’s ‘Shine the Light Law,’ California residents may annually request and obtain information free of charge about what personal information is disclosed to third-parties for direct marketing use within the prior calendar year. Vertex Aerospace does not sell or share your personal information with other businesses for direct marketing.