terms of use

USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE.

PLEASE READ THESE TERMS BEFORE USING THIS SITE.

The following are terms of a legal agreement between you and ChevronTexaco Global Aviation, a division of Chevron U.S.A. Inc. ("Company"). By accessing, browsing and/or using this Company owned and operated internet site ("TotalGA^TM"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use TotalGA^TM. The material provided on TotalGA^TM is protected by law, including, but not limited to, United States Copyright Law and international treaties. TotalGA^TM is controlled and operated by Company from its offices within the State of California, the United States of America. Company makes no representation that materials in TotalGA^TM 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 TotalGA^TM from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use are incorporated by reference in all agreements between Company and anyone using TotalGA^TM. These Terms of Use, Privacy Statement, Buyers Agreement, Merchant Agreement, Classified Agreement and all other agreements between Company and anyone using TotalGA^TM shall sometimes be collectively referred to as the “Member Agreements.”

The terms "buyer", “merchant”, “member”, "you" and "your" as used in this Agreement apply to any person or entity that makes use of, applies or registers to, be and/or becomes a participant or user of TotalGA^TM, regardless of whether or not your registration is approved by Company. If you are using this website not as an individual who is registered to use this website, but on behalf of an organization which has registered to use this website, you represent and warrant to Company that you are authorized to participate on behalf of the organization and that agreements entered into by you on behalf of your organization are binding and enforceable against such organization, including the sale or purchase of goods and services and activities you undertake on behalf of the organization through TotalGA^TM . You understand and acknowledge that other users of TotalGA^TM may and will rely on these representations and warranties.

Description of Services

TotalGA^TM currently provides users with access to informational content and a collection of various merchants’ on-line goods and services. The capabilities of TotalGA^TM are currently limited to the purchase, sale and delivery of goods and services within the United States. The goods, services and informational content include but are not limited to classifieds, catalog procurement, news and information, FBO locator, communication services (the “Services”). Unless explicitly stated otherwise, any goods, services or informational content not specifically stated that augment or enhance the current Services, including the release of new goods, services or informational content, shall be subject to the Member Agreements.

Use of Services

In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. TotalGA ™  may contain email services, calendars, photos, files, and or other messaging and communication type services.  You agree to use the services only to post, send, and receive messages and material that are proper and, applicable to the particular service.  You acknowledge and accept that you shall be solely responsible for any and all costs or expenses associated with your accessing, integrating with and utilizing TotalGA^TM. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You acknowledge that Company may, in its sole discretion, with or without cause or prior notice to you, temporarily or permanently cease to operate TotalGA^TM, temporarily or permanently cease to make certain Services available or suspend, terminate or restrict your access to and utilization of TotalGA^TM. You acknowledge that your access to and utilization of the TotalGA^TM website may be monitored by Company for its own purposes and not for your benefit. TotalGA^TM is scheduled to be available 24/7 but Company makes no guarantees of availability. Company reserves the right to interrupt availability for maintenance

Juriscdictional Issues

Unless otherwise specified, the information and materials in TotalGA ^TM are presented solely for the purpose of promoting Services of TotalGA^TM and certain select advertisers, merchants supplying goods and services, and their affiliates, available in the United States, its territories, possessions, and protectorates. Company makes no representation that materials in TotalGA^TM are appropriate or available for use in other locations. Those who choose to access TotalGA^TM from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. You agree that no software which may available from this site may be downloaded or otherwise shipped, transferred, used, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. By downloading or using any software, you agree with the foregoing and further represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Dealings With Advertisers or Merchants

Your correspondences or business dealings with, or participation in promotions of, advertisers and merchants supplying goods and services and providers of informational content found on TotalGA^TM, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchants, and Company is not responsible for the delivery of any goods or services or other contractual performance related to such dealings. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants, or providers of informational content on TotalGA^TM. TotalGA^TM acts as a venue for buyers to utilize certain Services and for merchants to provide or sell Services relating to the general aviation business. Company makes no representation or warranty as to the goods and services sold or purchased or information accessed through the TotalGA^TM system. Any representation or warranty as to goods and services sold or purchased or information accessed through the TotalGA^TM site is solely between the buyer and the merchant. Company cannot confirm the truth or accuracy of information regarding buyers, merchants or products. Company also cannot ensure that a buyer or merchant will complete a transaction.

You should not construe any of the material contained in the TotalGA ^TM website as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make material contained in the TotalGA ^TM website the primary basis for any related decisions. In providing this website and entering into any transactions in the products described in this website, Company through the TotalGA^TM website is acting solely in the capacity of an arm's length contractual counter-party and not as a financial advisor or a fiduciary. Under no circumstances should Company be considered your advisor or fiduciary and, if you require advice with respect to the products identified in this website or any contemplated transactions, you should consult your own business, financial, accounting or legal advisors.

TotalGA^TM Commissions

In some instances, Company receives a commission, sponsor fee or other promotional consideration in connection with a purchase you may make from third parties whose materials, goods or services or informational content are mentioned on TotalGA^TM.

Cookies

Cookies are pieces of information that a web site transfers to an individual’s hard drive for record keeping purposes. Cookies make web surfing easier for you by saving your password and preferences while you’re at our site. The use of cookies is an industry standard that you’ll find them at most major web sites. Most browsers are initially set to accept cookies. If you’d prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of this site will not function properly if you do so.

Security

You will be provided with a user id and password by Company for use on TotalGA^TM. You and Company will use reasonable efforts to maintain the confidentiality of and prevent the unauthorized use of your user id and password. You may provide user ids and associated passwords to your employees, contractors, etc. as you see fit. You are solely and exclusively liable for any use or access of TotalGA^TM by any person or entity who gains access to TotalGA^TM through the use of any password used by you and/or any users authorized by you, including, without limitation, any direct or indirect use or access, whether authorized or unauthorized, by you or your authorized users. You will be solely responsible for monitoring and terminating, when appropriate, your authorized users’ access to TotalGA^TM.

When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access.   Use of some of the services may or may not utilize the secure server software.  Company does not warrant or guarantee all services utilize the secure server software.

Registration Obligations

In consideration of use of certain Services, you will be required to register and agree to: (a) provide true, accurate, current and complete information about yourself and your organization and (b) where possible maintain and promptly update the Registration Data to keep it true, accurate, current and complete or c)when necessary promptly inform Company of changes in your Registration Data in order to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Member Conduct

You understand that all information, goods, services, data (including pricing, messages or other materials) (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated and Company will act only as a passive conduit. This means that you, and not Company, are entirely responsible for all Content that you upload, post or otherwise transmit via TotalGA^TM.
You agree to not use TotalGA^TM or permit or assist others to:

• upload, post or otherwise transmit any Content that is (i) unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or (ii) false or misleading;
• impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge labels or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through TotalGA^TM;
• sell or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the TotalGA™ services or other user or usage information thereof.
• sell or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• sell or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• 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
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

Content Submitted To TotalGA^TM

Except as otherwise expressly provided in any of the Member Agreements, Company does not claim ownership of the Content you place on TotalGA ^TM. By submitting Content to TotalGA^TM, you grant Company the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content on TotalGA^TM. This license exists only for as long as you continue to be a TotalGA^TM member and shall be terminated at the time your TotalGA^TM membership is terminated.

You acknowledge that Company does not pre-screen Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available through TotalGA^TM. Without limiting the foregoing, Company and its designees shall have the right to remove any Content that violates any of the terms of, the Member Agreements or any of TotalGA^TM’s stated policies or is otherwise objectionable. The information and Content contained in TotalGA^TM is not comprehensive. Despite our efforts, it may not accurate, up to date or applicable to the circumstances of any particular case. Company cannot accept any liability for an inaccuracies or omissions in the TotalGA ^TM website and decisions you make based on information or Content contained in this website are your responsibility. You agree that you must evaluate, and bear all risks associated with, the use of any information and Content, including any reliance on the accuracy, completeness, or usefulness of such information or Content.

Links To Other Sites

TotalGA^TM may provide links to certain websites sponsored and maintained by Company as well as those sponsored or maintained by third parties. Such third party websites are publicly available and TotalGA ^TM is providing access to such websites through this website solely as a convenience to you. The content of such third party websites, services, goods, information, data or advertisements that may be linked to this website is not maintained or controlled by Company, and Company makes no representations or warranties concerning the content of such websites and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors by Company nor is there any affiliation between Company and such sponsors and such sponsors do not endorse, authorize or sponsor this website. Moreover, Company is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to or advertised on or information or data that may be made available on the website and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the website or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods, information or data or advertisements that may be linked to the website. You understand and agree that you will use or rely on such websites solely at your own risk and that Company does not grant to you any rights in respect of such websites. Company reserves the right to terminate any link or linking program at any time. Unless approved in writing in advance by Company, you agree not to: (a) provide or create a link to the TotalGA^TM site; and/or (b) create any frames at any other sites pertaining to any of the content located at TotalGA^TM.

Restrictions on Use of Materials

YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ALL OR ANY PART OF TotalGA^TM, EXCEPT AS EXPRESSLY PROVIDED IN TERMS OF USE STATEMENT. THE CONTENTS OF TotalGA^TMMAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT COMPANY’S PRIOR WRITTEN CONSENT. IF YOU DOWNLOAD ANY INFORMATION OR SOFTWARE FROM THIS TotalGA^TM WEBSITE, YOU AGREE THAT YOU WILL NOT COPY IT OR REMOVE OR OBSCURE ANY COPYRIGHT OR OTHER NOTICES OR LEGENDS CONTAINED IN ANY SUCH INFORMATION. MODIFICATION OF TotalGA^TM CONTENT WOULD BE A VIOLATION OF COMPANY’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. YOU MAY NOT USE TotalGA ^TM FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH APPLICABLE LAW OR THIS TERMS OF USE STATEMENT. YOU MAY NOT OFFER ANY PART OF TotalGA^TM FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. YOU MAY NOT USE ANY OF COMPANY’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN A MANNER THAT SUGGESTS THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH COMPANY’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE TotalGA^TM OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE WEBSITE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET FORTH ON TotalGA^TM.

License Grant

By entering into the Member Agreements, you grant Company a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright and rights of publicity over the material posted by you to TotalGA^TM , in any existing or future media, known or unknown, now or at any later date.

Company grants a limited license to each participant to make use only of TotalGA^TM and the Services. This license expressly excludes, without limitation, any resale or commercial use of TotalGA^TM and the Services, making any derivative of TotalGA^TM or the Services, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.

Disclaimer

THE SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE SERVICES ON THIS SITE INCLUDE, BUT ARE NOT LIMITED TO, CLASSIFIEDS (INCLUDING BIDS, REQUEST FOR BIDS AND FIXED BIDS), CATALOG PROCUREMENT, NEWS AND INFORMATION AND FBO LOCATOR. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Breach

Company may issue warnings or suspend or terminate your use of all or any portion of Services available on this website upon occurrence of the following: (a) breach by you of any of the Member Agreements; (b) if we believe your actions may cause legal liability for Company, you or other users; and (c) we are unable to authenticate or verify any information provided by you to us.

Indemnity

You agree to indemnify and hold Company and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content you place on the TotalGA^TM site, your breach of any of the Member Agreements, or your violation of any law or the rights of a third party, including, without limitation, a claim of infringement and intellectual property rights.

Independent Contractors

You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by any of the member Agreements.

Arbitration

Any controversy or claim arising out of or relating to the Member Agreements or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE TO A USER ON ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DAMAGES RESULTING FROM PERFORMANCE OR USE OF THE SERVICES OTHER THAN AS PROVIDED IN THIS SECTION.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR BUSINESS INTERRUPTION EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

General Practices Regarding Use and Storage

You acknowledge that Company may establish general practices and limits concerning use of the Services and TotalGA ^TM

Termination

Except for the survival of certain terms and conditions as may be expressly provided for in the Member Agreements, the Member Agreements and your membership are effective until terminated by either party. You may terminate the Member Agreements at any time by requesting via e-mail to Company that your Member ID and Password be disabled; provided, however, that you shall be responsible for all obligations arising or pertaining to periods prior to such termination. Upon termination of this agreement you must destroy all materials obtained from TotalGA^TM and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Company if in Company’s sole discretion you fail to comply with any term or provision of any of the Member Agreements. Company reserves the right to restrict access to TotalGA^TM to users chosen by Company, and may at any time in its sole discretion without notice and without cause bar access to TotalGA^TM by any person, including persons who previously had access. In addition, the provisions regarding Indemnity, Notice, Arbitration and Limitation of Liability shall survive termination of the Member Agreements and your membership.

Other

Company may, from time to time, amend the terms of any of the Member Agreements by posting amendments on TotalGA^TM, and any such amendments will be binding on you, provided TotalGA^TM provides prior notice of any such amendments on TotalGA ^TM. You agree that your continued access and use of this site after the effective date of any such amendment shall constitute your ratification of and agreement to any such amendment.

The Member Agreements shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of the Member Agreements shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the applicable agreement and shall not affect the validity and enforceability of any remaining provisions. The Member Agreements constitute the entire agreement between the parties relating to the subject matter therein and shall not be modified.
The Member Agreements and the rights and obligations thereunder shall be freely assignable by Company without notice to you.

Violations

Please report any violations of any of the Member Agreements to TotalGA^TM ’s Customer Service Center.

Copyright © 2002 ChevronTexaco Global Aviation, a division of Chevron U.S.A. Inc.  All Rights Reserved