Reader Plates FAA/NACO Terminal Approach Procedures for your Electronic Book Reader

Terms & Conditions including Indemnity & Release:

Introduction

Any person that that agrees to be a subscriber ("Subscriber") by completing the application and paying the fees is subject to these Terms and Conditions (the “Agreement”) and agrees to be bound by the terms of the Agreement.

Grant of License

A Subscriber is granted a non-exclusive license to use the website and the Company information provided. The license is personal to the Subscriber only and the Subscriber may not otherwise license or permit any other person or entity to use the website other than as specifically permitted by Reader Plates, LLC (the “Company”).

The Company Charts

The Company obtains the information provided in its products from the FAA/NACO and other sources. The Company cannot guarantee or warrant the accuracy of the information obtained from the FAA/NACO or other sources.

Use of Charts

The Company information is designed to supplement official charts for navigation. The Company information becomes obsolete upon the publication of the next edition of charts from FAA/NACO. The Subscriber has the responsibility to ensure that the charts and information that the Subscriber is using are current. Always verify the effective dates on each chart and review any appropriate NOTAMs.

Since the information provided by the Company or FAA/NACO is subject to change at any time, the Subscriber should not rely upon its accuracy. The Subscriber should comply with FAR 91.103 and follow all of the suggested preflight actions to ensure a safe flight. All critical information must be verified by the Subscriber with official sources and reference material—including the Airport/Facility Directory, Aeronautical Information Manual, Sectional and Terminal Area Charts, NOTAMs and FSS briefings.

The Subscriber should comply with regulations and guidelines issued by the FAA with regards to the use of the portable electronic devices. Please refer to FAA Advisory Circular 91-78 which provides "information for removal of paper aeronautical charts and other documentation from the cockpit through the use of either portable or installed cockpit displays (electronic flight bags (EFB)),” and any other applicable regulations.

Disclaimers

THE COMPANY MAKES AND SUBSCRIBER RECEIVES NO WARRANTY EXPRESS OR IMPLIED AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

The Subscriber agrees that the Company’s liability arising out of contract, negligence, strict liability in tort or warranty shall not exceed the fees paid by the Subscriber to the Company. The limited warranty and limitation of liability set forth herein reflect the allocation of risk between the Subscriber and the Company. The Company’s pricing reflects this allocation of risk and liability limitation, and but for such limitations, the Company would charge substantially higher prices.

In consideration of the license conveyed herein, Subscriber agrees, covenants and warrants as follows:

Except as expressly set forth in this Agreement, Subscriber releases and waives any claims which may arise in any fashion from use of the Company’s information, products or services, including claims of breach of contract, breach of warranty, negligence, strict liability, or gross negligence, including such claims related to any type of injury (whether physical or psychological), disability, economic harm or death of Subscriber which might be asserted by Subscriber, Subscriber’s heirs, successors, assigns, or Subscriber’s spouse, parent(s), or children against Company, and/or against any member, officer, director, employee or agent of Company.

Subscriber acknowledges that each member, officer, director, employee or agent of Company is an express third-part beneficiary of this Agreement and are intended to enjoy the same benefits of this Agreement as if they parties to the Agreement.

Subscriber agrees that, in the event Subscriber should sustain any type personal or economic injury, or die, while using or while in possession of Company’s information, products or services, Subscriber, Subscriber’s heirs, successors, assigns, and/or Subscriber’s spouse, parent(s), and children will look solely to health insurance, disability insurance, life insurance or any other type of insurance maintained by Subscriber solely at Subscriber’s expense. Further, Subscriber waives any right to subrogation which might otherwise arise against Company and/or against any member, officer, director, employee or agent of Company as a result of payment of any such insurance claim.

The parties to this Agreement acknowledge that no representations have been made by either party other than those contained on the face of this Agreement, and that this Agreement contains all terms to the Agreement between the parties. The parties to this Agreement acknowledge that they have each had an opportunity to review and consider every term contained in this Agreement.

Ownership

This website is owned and operated by the Company. All applicable rights to patents, copyrights, trademarks, and trade secrets in the Company information or the website shall be and remain in the Company. Except as otherwise expressly provided, none of these materials or products—including charts or portions thereof, chart designs or features—may be copied, reproduced, republished, resold, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way.

Indemnity

The Subscriber shall indemnify, defend, and hold harmless the Company and each of its officers, directors, shareholders, employees, agents, and assigns from and against any and all claims or losses incurred or suffered by any of them arising out of, connected with, or related to, (i) a breach of Subscriber’s covenants contained in, or made pursuant to, this Agreement; and (ii) violations, incidents, infractions or accidents which occur either directly or indirectly from the use of this website or the Company information and/or use or possession of Company’s information, products or services, including claims of breach of contract, breach of warranty, negligence, strict liability, or gross negligence, including such claims related to any type of injury (whether physical or psychological), disability, economic harm or death, even if such claim or loss is caused in whole or in part by Company’s negligence, strict liability, breach of warranty, breach of contract, gross negligence or other legal fault. The Company shall have the right, in its sole discretion, to have its counsel defend any such claim.

General Terms

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any body of law of precedent relating to conflicts of laws. Although drafted by Company, this Agreement shall be construed fairly and equally, and not against or in favor of any one party. Venue for all purposes shall be in Travis County, Texas, and the Subscriber hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

Modifications. The Company reserves the right to modify or change the terms and conditions in the Agreement at any time without prior notice.

Refunds

The Company has a "No Refunds" policy. However, exceptions are usually made if the Subscriber unsubscribes within 28 calendar days of their initial subscription, and emails the Company stating the Subscriber will no longer use the product. The Subscriber agrees exceptions are at the sole discretion of the Company.

Revised: 4/29/2009