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1. General
These Terms and Conditions apply exclusively to your access to,
and use of, Baseops International, Inc.'s Web site, located at http://www.baseops.com
(the "Site"). In these Terms and Conditions, the words "you" and
"your" refer to any person accessing the Site, and the words "Baseops,"
"we," "us" and "our" refer to Baseops International, Inc. ("Baseops").
YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO, AND INDICATES
THAT YOU AGREE WITH, THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT
USE THIS SITE. Please read these Terms and Conditions carefully
in their entirety.
2. Password Restricted
Areas of the Site
Certain areas of the Site are password restricted to authorized
users ("Restricted Areas"). Within the Restricted Areas, Baseops'
clients can access certain account information, as well as certain
critical trip-planning information, such as weather reports and
airport information. To become an authorized user, you must (i)
be a current client of Baseops and (ii) complete a user application
and select a username and password. If you are an authorized user
of the Restricted Areas, you agree that you are entirely responsible
for maintaining the confidentiality of your password and account
information and agree to immediately notify Baseops if your password
is lost, stolen, disclosed to an unauthorized party or otherwise
compromised. You agree that you are entirely responsible for any
and all activities that occur under your account, whether or not
you are the individual who undertakes such activities. You also
agree to immediately notify Baseops of any unauthorized use of your
account or any other breach of security in relation to the Site
known to you.
3. Your License to Access
to the Site
Subject to the terms outlined below, Baseops grants you a limited
license to only make personal use of the Site. Such grant does not
include, without limitation (i) any resale or commercial use of
the Site or the content therein, (ii) making derivative uses of
the Site or its contents or (iii) the use of any data mining, robots
or similar data gathering and extraction methods. Except as expressly
provided in these Terms and Conditions, you are not conveyed any
right or license by implication, estoppel or otherwise in or under
any patent, trademark, trade secret, copyright or other proprietary
right of Baseops, its affiliates or any third party. Elements of
the Site, including, without limitation, page headers, custom graphics,
logos, sounds, images and button icons, are protected by trade dress
and other laws and may not be copied or imitated in whole or in
part. No logo, graphic, sound, image or other element from the Site
may be copied, reproduced, redistributed or retransmitted unless
expressly permitted by Baseops in writing. You may not use, frame
or utilize framing techniques to enclose any trademark, logo or
other proprietary information, including, without limitation, the
images found at this Site, the content of any text or the layout/design
of any page or form contained on a page, of Baseops, its affiliates
or any third-party without Baseops' or, as applicable, such third-party's
express prior written consent. Further, you may not use any metatags
or any other "hidden text" utilizing the name, a trademark or a
product name of Baseops, its affiliates or any third-party without
Baseops' or, as applicable, such third-party's express prior written
consent. Any unauthorized use of this Site will terminate the permission
or license granted by these Terms and Conditions and may violate
applicable law, including, without limitation, copyright laws, trademark
laws (including trade dress) and communications regulations and
statutes. All violations will be prosecuted to the fullest extent
of the law. Baseops may discontinue or make changes to any of the
information, products or services described on the Site at any time
and for any reason, with or without notice to you.
4. Copyright Notice
All copyrighted and copyrightable materials on this Site, including,
without limitation, the logos of Baseops and its affiliates, design,
text, graphics, pictures, sound files and other files (the "Materials"),
and the selection and arrangement thereof, are copyright ©2001 Baseops
International, Inc. and/or ©2001 World Fuel Services Corporation,
ALL RIGHTS RESERVED. Except as expressly stated herein, none of
the Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted, framed or transmitted in any form
or by any means, including, without limitation, electronic, mechanical,
photocopying, recording or otherwise, without the prior written
permission of Baseops or the respective copyright owner. Permission
is granted to display, copy, distribute and download the Materials
on this Site for personal, non-commercial and informational use
only; provided that you may not, without the prior written permission
of Baseops or the respective copyright owner, alter the Materials
or display the Materials without the copyright notice and notice
of Baseops' proprietary rights displayed with the Materials.
5. Notice for Copyright
Infringement Claims
Baseops respects the intellectual property rights of others and
asks users of our Site to do the same, and it is our policy to respond
to claims of intellectual property infringement. Baseops will promptly
process and investigate notices of alleged copyright infringement
and take appropriate action under the Digital Millennium Copyright
Act (17 U.S.C. §512) and other applicable intellectual property
laws. If you believe that materials posted on our Site infringe
rights you enjoy under copyright law in specific materials, we request
that you follow the procedure described below to notify us of your
concerns or objections.
A. Baseops Policy Concerning
Claims of Infringement
(i) Written Notice of Copyright Claims. Claims of copyright infringement
must be in writing (the "Notice") and should be directed to Baseops'
Designated Agent as specified below. To be effective, your Notice
must include the following information:
1. The signature of a person authorized to
act on behalf of the owner of the copyright interest that is allegedly
infringed;
2. A description of the copyrighted work or
works that you claim has or have been infringed;
3. A description of where the material that
you claim is infringing is located on the Site;
4. Your address, telephone number and email
address;
5. A statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent or the law; and
6. A statement by you, made under penalty
of perjury, that the information in your Notice is accurate and
that you are the copyright owner or authorized to act on the copyright
owner's behalf.
(ii) Designated Agent. Baseops' Designated Agent
under the Digital Millennium Copyright Act is:
Jerry E. Scott
Baseops International, Inc.
333 Cypress Run, Suite 200
Houston, Texas 77094
USA
+1 (281) 556-2400
+1 (800) 333-3563
jscott@baseops.com
B. Baseops' Policy Concerning
Repeat Infringers
Under the appropriate circumstances, it is Baseops' policy to remove
and/or to disable access from Baseops to Web pages of repeat infringers,
to terminate subscribers and account holders who are repeat infringers
and to remove and/or to disable access from Baseops to Web pages
as to which there have been steps taken for the purpose of affecting
Baseops' search results such as adding inappropriate "meta-tags."
6. Trademark Protection
Baseops International and all other logos and the products and services
described in this Site are trademarks or registered trademarks of
Baseops and/or its affiliates and/or licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written
permission of Baseops or the relevant third-party. Also, page headers,
custom graphics, button icons and scripts are service marks, trademarks
and/or trade dress of Baseops and may not be copied, imitated or
used, in whole or in part, without the prior written permission
of Baseops. All other trademarks, registered trademarks and product
names mentioned herein are the property of their respective owners.
7. Links to Third-Party
Sites
The Site may include links from the Site to other Web sites. The
linked sites are not under our control, and Baseops is not responsible
for the contents of any linked site, any link contained in any linked
site or any changes or updates to any such sites. Baseops is not
responsible for webcasting or any other form of transmission received
from any linked site. Baseops is providing these links to you only
as a convenience, and the inclusion of any link does not imply the
endorsement of that link, or links contained therein, by Baseops.
When leaving the Site, you should be aware that these Terms and
Conditions no longer govern, and, therefore, you should review the
applicable terms and policies, including privacy and data gathering
practices, of that other site.
8. Errors, Delays and
Viruses
Baseops is not responsible for any errors or delays caused by an
incorrect e-mail address or other incorrect information provided
to Baseops by you or any technical problem in connection with the
Site. You acknowledge that the information and materials available
on the Site may contain computer viruses. Should you download any
such materials from the Site it is your responsibility to perform
any scanning or other anti-virus protection you deem necessary.
Under no circumstances will Baseops be responsible for any loss
or damage caused by any material downloaded from the Site.
9. Submissions
Baseops shall have a nonexclusive, royalty-free license to use,
for any purpose, any ideas, concepts, know-how or techniques contained
in any information a visitor or user of the Site provides to Baseops
via the Site. Baseops shall not be subject to any obligations of
confidentiality regarding such submitted information, except as
agreed to in writing by Baseops and/or set forth in these Terms
and Conditions or the Baseops Privacy Statement posted on the Site
(the "Privacy Statement").
10. Access to the Site
Users of the Site are responsible for providing all equipment necessary
to access the Internet and the Site. Access to the Site requires
the use of Microsoft Internet Explorer 4.0 or higher or Netscape
Navigator 4.0 or higher. Baseops expects that the Site will be available
24 hours a day, 7 days a week. However, Baseops retains the right
to make the Site unavailable from time-to-time for any reason. Users
of the Site agree that Baseops shall not be liable for any damages
arising from any interruption, suspension or termination of the
Site. In addition, Baseops may, in its sole discretion, (i) terminate
your access to the Restricted Areas or use of the Site and/or (ii)
discontinue providing the Site, or any part thereof, for any reason,
with or without notice to you. You acknowledge and agree that Baseops
shall not be liable to you or any third-party in connection with
any such termination or discontinuance.
11. Privacy Policy
For information regarding Baseops' privacy policies, please see
our Privacy Statement posted on the Site.
12. Compliance With Laws
You agree that: (i) you will comply with all applicable local, state,
federal and international laws, statutes, rules and regulations
relating to your use of the Site; (ii) any information submitted
by you for the Site will not contain any viruses, Trojan horses,
worms, time bombs or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information; and (iii)
you will not use the Site for sending spam, chain letters, junk
e-mail, or duplicative or unsolicited messages or collecting e-mail
addresses and/or other information about others without their consent.
13. Indemnification
You agree to defend, indemnify and hold Baseops and its affiliates
and their respective officers, directors, independent contractors,
agents and employees (collectively, the "Baseops Affiliates"), harmless
from any losses, liabilities, judgments, settlements, fines, taxes,
liens, impositions, encumbrances, penalties, claims, suits, costs
and expenses, claims or demands, including reasonable attorneys'
fees (collectively, "Losses") relating to or arising out of your
use of the Site and any information on the Site, including without
limitation, any Losses arising from or relating to: (i) your failure
to comply with these Terms and Conditions and (ii) your violation
of any law or regulation or the rights of a third party.
A.
BASEOPS PROVIDES THE INFORMATION AND MATERIALS IN THE SITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS AND OTHER ITEMS, ON AN
"AS IS," "AS AVAILABLE" BASIS. BASEOPS DOES NOT WARRANT THE ACCURACY,
ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS ON THE
SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN
THE INFORMATION AND MATERIALS ON THE SITE. BASEOPS EXPRESSLY DISCLAIMS
ANY IMPLIED, EXPRESS OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUOUS, UNINTERRUPTED
AND ERROR-FREE SERVICE AND FREEDOM FROM COMPUTER VIRUSES.
B.
IN NO EVENT SHALL BASEOPS OR THE BASEOPS AFFILIATES BE LIABLE FOR
ANY DAMAGE, LOSS, CLAIM, ACTION, FINE, PENALTY, LIABILITY OR EXPENSE
(COLLECTIVELY, "DAMAGES") ARISING OUT OF OR IN CONNECTION WITH:
(I) THIS SITE, (II) THE USE THEREOF, (III) THE INABILITY OF ANY
PARTY TO USE THE SITE OR (IV) ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, UNAUTHORIZED ACCESS, DAMAGE OR ALTERATIONS OF YOUR
SYSTEMS, TRANSMISSIONS OR DATA OR ANY LINE OR SYSTEM FAILURE, HOWEVER
ARISING.
C.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS,
BASEOPS AND THE BASEOPS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BASEOPS OR THE BASEOPS
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
D.
Please note that some jurisdictions may not allow the exclusion
of implied warranties, and/or the limitation of liability, as set
forth above, so some of the above exclusions and/or limitations
may not apply to you. Check with your legal advisors for any restrictions
or limitations regarding the exclusion of implied warranties and
the limitation of liability.
14. Amendment/Revision
Baseops may revise these Terms and Conditions at any time by posting
amended Terms and Conditions on the Site. You are bound by any such
revisions to the Terms and Conditions and should periodically visit
this page to review the then-current Terms and Conditions.
15. General
These Terms and Conditions shall be subject to and construed in
accordance with the laws of the State of Florida, without regard
to any choice or conflicts of laws principles which would result
in the application of the laws of any other jurisdiction. You hereby
consent to the exclusive jurisdiction and venue of federal and state
courts located in Miami, Florida, USA in all disputes arising out
of or relating to the use of this Site. These Terms and Conditions
constitute the entire agreement between you and Baseops and supersede
all prior or contemporaneous communications, promises and proposals,
whether oral, written or electronic, between you and Baseops with
respect to this Site. If any part of these Terms and Conditions
are determined to be illegal, invalid or unenforceable pursuant
to applicable law, including, without limitation, the warranty disclaimers
and liability limitations set forth above, then the illegal, invalid
or unenforceable provision(s) will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of these Terms and Conditions
shall continue in full force and effect. A printed version of these
Terms and Conditions and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based
upon or relating to these Terms and Conditions to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. The
English language version of these Terms and Conditions shall control.
All rights not expressly granted herein are reserved by Baseops.
The section titles in these Terms and Conditions are solely used
for the convenience of the parties and have no legal or contractual
significance. The failure of Baseops to enforce any right or provision
in these Terms and Conditions shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by Baseops
in writing. Both parties understand and agree that violation of
any provision of this Agreement may cause damage to the other party
in an amount that is impossible or extremely difficult to ascertain.
Accordingly, without limitation to any other remedy available at
law, the injured party shall be entitled to seek injunctive relief
restraining the other party from continuing to violate the terms
and provisions of this Agreement. Each of us waives any right
to a trial by jury in any legal proceeding arising hereunder.
16. Contacting Us
If you have any questions about these Terms and Conditions or the
Site, please do not hesitate to contact Baseops:
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E-mail:
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webmaster@baseops.com
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Mail:
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Baseops International, Inc.
333 Cypress Run, Suite 200
Houston, Texas 77094 USA
Attention:Webmaster
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Telephone:
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+1 (281) 556-2400
+1 (800) 333-3563
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Fax:
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+1 (281) 556 2500
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PLEASE PRINT OR DOWNLOAD A COPY OF THESE TERMS AND CONDITIONS
FOR YOUR RECORDS.
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