USHPA - Terms of Use

USHPA Website Terms of Use

Welcome to the United States Hang Gliding and Paragliding Association, Inc.'s ("USHPA") Web site (the "USHPA Site"). USHPA is a California Non-Profit Mutual Benefit Corporation, and is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By using the USHPA Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the USHPA Site. USHPA reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time without notice to you. Please check these terms periodically for changes. Your continued use of this USHPA Site following the posting of changes to these terms will mean you accept those changes.

Restrictions on Use of Site and Content

All materials contained in the USHPA Site are the copyrighted property of the United States Hang Gliding and Paragliding Association, Inc. and/or third-party licensors and are protected by U.S. and international copyright laws. All trademarks, service marks, and trade names on the USHPA Site are proprietary to the United States Hang Gliding Association, Inc. and are protected by U.S. and international trademark laws. No material from the USHPA Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with the USHPA, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the USHPA Site. The use of any USHPA Site content on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to the USHPA. If you download software from the USHPA Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by the USHPA or third-party licensors for your personal, noncommercial home use only. USHPA does not transfer title to the Software to you. You own the medium on which the Software is recorded, but the USHPA (or third-party licensors) retain full and complete title to the Software and all intellectual property rights in that Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Restricted Access Areas; Usernames and Passwords

Some areas of the site are available only to current members, instructors, and/or Directors of the USHPA ("Restricted Access Areas"). Unless you are or possess the appropriate permission granted by the USHPA you are not authorized to view the Members Only Areas.

Unauthorized entry is prohibited and subject to prosecution under the laws of the United States and its various states and possessions. All activities and access attempts are logged. Each individual member of the USHPA is assigned a user name and password for that member's sole use in accessing the Members Only Areas of the USHPA Site. If you are a USHPA member, you agree not to allow others to access the Members Only Areas of the USHPA Site using your user name and password. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your username and password. Anyone logging on to the Members Only Area of the USHPA Site using your username and password can view and modify your personal information. You agree to pay all fees and charges incurred in connection with your username and password at the rates in effect when the fees and charges were incurred. You agree to immediately notify the USHPA of any unauthorized use of your username and password, or if there is any other breach of security. Members are encouraged to change their passwords often and use passwords that cannot be easily guessed (i.e. do not use names, birth dates, etc..)

Credit Cards

USHPA uses your credit card number, billing and shipping information to process purchases you make from the USHPA on line. These purchases may include payment of membership dues as well as merchandise. In addition, the USHPA may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services through the USHPA Site. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.

Disclaimers

THE MATERIALS IN THIS USHPA SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, USHPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USHPA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE USHPA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE USHPA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USHPA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE USHPA SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU 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. USHPA EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE USHPA SITE. THE USHPA CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM A THIRD-PARTY SITE THAT LINKS TO OR FROM THE USHPA SITE OR THIRD-PARTY CONTENT ON THE USHPA SITE. THE USHPA DOES NOT ENDORSE ANY OF THE SERVICES OR MERCHANDISE AVAILABLE FROM THIRD PARTIES THAT MAY BE LINKED TO THE USHPA SITE, NOR HAS THE USHPA TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF, ANY OF THE INFORMATION CONTAINED IN SUCH THIRD-PARTY SITES OR CONTENT. THE USHPA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY THIRD-PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE USHPA WITH RESPECT TO SUCH SITES AND THIRD-PARTY CONTENT. THE USHPA STRONGLY ENCOURAGES YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES. THE USHPA SITE CONTAINS SOME CONTENT SUPPLIED BY THIRD PARTIES AND ASSOCIATION MEMBERS. IN DISPLAYING SUCH CONTENT, USHPA IS A DISTRIBUTOR (AND NOT A PUBLISHER) OF CONTENT SUPPLIED BY THIRD PARTIES AND MEMBERS. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, MEMBERS OR ANY OTHER USER OF THE USHPA SITE, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF THE USHPA. NEITHER THE USHPA NOR ANY THIRD-PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE CONTENT SUPPLIED BY THIRD PARTIES AND ASSOCIATION MEMBERS AND AVAILABLE ON THE USHPA SITE REPRESENTS THE OPINIONS AND JUDGMENTS OF THE RESPECTIVE INFORMATION PROVIDER, OR MEMBER. USHPA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE USHPA SITE BY ANYONE OTHER THAN AUTHORIZED USHPA EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE USHPA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USHPA SITE USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE USHPA SITE. IT IS THE RESPONSIBILITY OF THE USHPA SITE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE USHPA SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL USHPA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE USHPA SITE OR MATERIALS OR FUNCTIONS ON THE USHPA SITE, EVEN IF USHPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY USHPA SITE MATERIAL OR WITH ANY OF THE USHPA SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE USHPA SITE.

Forums and Messaging

The USHPA, at its pleasure, may choose to set up framework and systems that allow members to communicate with one another through the USHPA website. This may include, but are not limited to:

Forums - These can be chat areas or message board functions

Messaging Systems - These can be automatic notifications or paging systems, such as PilotConnect that are used to send messages from one member to another.

Every attempt has been made to ensure the privacy of members as well as provide a means of allowing members to connect with one another. If you participate in any Forum or use any Messaging System within the USHPA Site, you must not use it to:

defame, abuse, harass or threaten others;
make any bigoted, hateful, or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to commit them;
post or distribute any material that infringes and/or violates any right of a third party or any law;
post or distribute any vulgar, obscene, discourteous, or indecent language or images;
advertise or sell to or solicit others;
post or distribute chain letters, pyramid schemes, or solicitations;
commercial purposes of any kind;
post or distribute any software or other materials that contain a virus or other harmful component; or
post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

USHPA reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any activities by you in the Forum, including, but not limited to messages posted by you. USHPA also reserves the right to ban you from using its systems if you violate these terms of use.

The author(s) of messages appearing shall remain solely responsible for the content of their messages. Although USHPA does not and cannot review the messages posted and is not responsible for the content of any of these messages, the USHPA reserves the right to remove or edit content from any Forum at any time and for any reason or no reason at all. The USHPA has no duty to remove or edit any content in any Forum or Message, whether or not requested by you. By uploading materials to any Forum or submitting any materials to USHPA, you automatically grant (or warrant that the owner of such materials expressly granted) USHPA a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a Forum, or receiving a message from another, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user- generated content area. Information obtained in a Forum or message may not be reliable, and it is not a good idea to trade, make any investment decisions or make flying decisions based solely or largely on information you cannot confirm. USHPA cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment or flying decisions made based on such information.

Trademarks

"USHPA", "Hang Gliding magazine" "Paragliding magazine", "Hang Gliding & Paragliding magazine" are trademarks and, "United States Hang Gliding Assn", the Circular sunburst and rectangular glider logos, and the glider/bird logo are all registered trademarks of the United States Hang Gliding and Paragliding Association, Inc., All rights reserved.

Indemnification

You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold the USHPA as the authors of software that USHPA may choose to use in conjunction with webservices and each of their respective officers, directors, owners, agents, information providers, affiliates, licensors, and licensees, (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from the transmission of messages by you in the Forum areas of the USHPA Site as well as any other use of the USHPA Site by you or under your username and password, . You shall use your best efforts to cooperate with the USHPA in the defense of any claim. The USHPA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the USHPA Site and destroying all materials obtained from the USHPA Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the USHPA Site may be terminated immediately without notice from us in the event of any conduct by You that USHPA, in its sole discretion, considers to be unacceptable, or if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the USHPA Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise. The provisions of Sections B through N shall survive termination of this Agreement.

Sites Linked to ushpa.aero

Only links that comply with the following Linking Requirements are authorized. When linking from third party site to the USHPA Site, the link must comply with the Linking Requirements. USHPA reserves the right to disable links from third-party sites to the USHPA Site in its sole discretion without notice. Linking Requirements

The link shall either be a textual link or a logo link. The textual link shall state "Click Here to go to the Official USHPA Web site". The logo link shall be the logo provided below ("Logo"). By downloading the Logo, you agree to be bound by these Linking Requirements. You may download the logo by right clicking on the logo and clicking "Save As".
You may only use the Logo on your Web site, and not in any other manner. It must always be an active link to the USHPA Site's home page at http://www.ushpa.aero. HTML code for the link is shown below.
The Logo includes the phrase "To USHPA", describing the significance of the Logo on your site (i.e., the Logo is a link to USHPA, not an endorsement of your site). You may not remove or alter this or any other element of the Logo.
The Logo may be used only on Web pages that make accurate references to USHPA or its products or services, and must be displayed adjacent to the reference or at the bottom of the same page. Your Web page title and other trademarks and logos must appear at least as prominent as the Logo. You may not display the Logo in any manner that implies sponsorship, endorsement, or license by USHPA.
The Logo must appear by itself, with a minimum spacing (the height of the Logo) between each side of the Logo and other graphic or textual elements on your page. The Logo may not be used as a feature or design element of any other logo.
You may not alter the Logo in any manner, including size, proportions, colors, elements, etc., or animate, morph or otherwise distort its perspective or two-dimensional appearance.
You may not use the Logo on any site that disparages the USHPA or its products or services, infringes any USHPA intellectual property or other rights, or violates any state, federal or international law.
These Policies do not grant a license or any other right in any of the USHPA's logos or trademarks. USHPA reserves the right in its sole discretion to terminate or modify permission to use the Logo at any time. USHPA reserves the right to take action against any use that does not conform to these Policies, infringes any USHPA intellectual property or other right, or violates other applicable law.
USHPA DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE LOGO, INCLUDING WARRANTIES AGAINST INFRINGEMENT.

USHPA Logo code

Jurisdictional Issues

Unless otherwise specified, the materials on the USHPA Site are presented solely for the purpose of providing information on the sports of Hang Gliding and Paragliding in the United States. USHPA makes no representation that materials on the USHPA Site are appropriate or available for use in any particular location. Those who choose to access the USHPA Site 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. No software from this site may be downloaded or otherwise exported or reexported (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; or (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. By downloading or using the Software, you 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.

General Provisions

This Agreement, your rights and obligations, and all action contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. [This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.] If any provision in this Agreement is invalid or unenforceable under applicable law, then that provision shall be deemed severable from these terms and the remaining provisions will continue in full force and effect. This Agreement, incorporates by reference any notice by USHPA contained in any of the USHPA Site pages, including but not limited to the USHPA Privacy Policy and constitutes the entire agreement between you and the USHPA relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by the subsequent posting of modified terms and conditions by the USHPA on the USHPA Site. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Notice and Procedure for Making Claims of Copyright Infringement

We may give notice to our users by means of a general notice on the USHPA Site, electronic mail to a user's e-mail address on our records, or by written communication sent by first-class mail to a user's address on our records. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent:

Service Provider: USHPA

Name of Agent Designated to Receive Notification of Claimed Infringement: Rich Hass, President

Full Address of Designated Agent to Which Notification Should Be Sent:
PO Box 1330
Colorado Springs, CO 80901-1330
Telephone Number of Designated Agent: (719) 632-8300

Facsimile Number of Designated Agent: (719) 632-6417

E-Mail Address of Designated Agent: designatedagent@ushpa.aero

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.