Copyright © Rotabull Inc. All rights reserved.
Effective April 8, 2019
These Terms of Use govern your use of the Rotabull.com Platform. Unless explicitly stated otherwise, any new platforms, features or functionality made available via the Platform will be subject to these Terms of Use, which constitutes a binding legal contract between you and Rotabull. By using the Platform, you accept the terms and conditions set forth in these Terms of Use. If you do not agree to all of these terms and conditions of use, do not use the Platform.
The current version of the Terms of Use is indicated by the Effective Date listed above. Rotabull may revise and update these Terms of Use at any time. Your continued access and use of the Platform signifies that you agree to these changes. These Terms of Use will be posted on a public page on the Platform. Any personal information you provide to Rotabull is governed by our Privacy Policy, which is incorporated by reference into these Terms of Use. To the extent there is any inconsistency between these Terms of Use and our Privacy Policy, the Terms of Use governs.
You must be at least 18 years old to access and use the Platform.
If you have any questions or concerns about these Terms of Use, email us at legal@rotabull.com.
The Rotabull Platform is an online, multichannel listing platform for the buying and selling of aviation parts. The actual contract for sale is directly between the seller and buyer. The Platform acts only as an intermediator and Rotabull does not participate in or represent any party in specific transactions. While we take reasonable steps to ensure that listings on the Platform are accurate, complete and current, we do not guarantee the existence, quality, safety or legality of offered aviation parts; ; the ability of sellers to sell specific parts; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In order to access the Platform, you will need to register or create an account. You should not use another's account without permission. When registering, you must provide an accurate and valid email address and create a unique password. You are solely responsible for the activity that occurs on your account, and you must keep your password secure. Please notify us immediately of any breach of security or unauthorized use of your account. Although Rotabull will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to us or others due to such unauthorized use. It is a condition of your use of the Platform that all the information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Platform or any of its features, and to terminate or suspend your access at any time, without notice.
When accessing and using the Platform, you agree not to:
In addition, when you participate on the Platform as either a buyer or seller, you are representing that you have the right, power and legal capacity to enter into an agreement to buy or sell aviation parts. You also agree to comply with all applicable laws with respect to your online activities as well all laws applicable to the buying and selling of aircraft parts, including but not limited to US Export Administration Regulations, International Traffic in Arms Regulations or similar restrictions.
If you violate any of these terms and conditions, your permission to access or use the Platform as described in these Terms of Use automatically terminates without notice.
You are hereby provided a limited, non-exclusive, no-cost, revocable and non-transferable license to access and use the Platform. The content on the Platform is for informational purposes only and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Rotabull’s prior written permission. Printable records from the Platform may be printed for your personal, non-commercial use only but may not be distributed to any third party except to be shared with a counterparty to a sale. Users may be subject to administrative disciplinary action, civil charge, or criminal penalty for the unauthorized or improper use of the Platform, content on the Platform or this limited license.
Title to all content on the Platform remains with Rotabull or its licensors, as indicated. Any use of the content not expressly permitted herein is a breach of this limited license and may violate copyright, trademark, or other laws. Content and features on the Platform are subject to change or termination without notice in our discretion. All rights not expressly granted herein are reserved to Rotabull or its licensors.
You are responsible for all materials that you submit for posting on the Platform. In addition, by submitting material to the Platform, including but not limited to descriptions of offered aviation parts by sellers, you are representing that you are the owner of the material or are making your submission with the express consent of the owner or that the material is in the public domain. You grant us a world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the Platform. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our third-party partners, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
No submissions may be posted anonymously but must include your real name and your affiliation with any person or entity, if any.
Rotabull has no obligation nor does it commit to monitor, screen or edit any submissions and is not responsible for any submitted materials. Notwithstanding the foregoing, Rotabull reserves the right to review from time-to-time submitted materials to ensure compliance with these Terms of Use and to remove any submissions that may violate these Terms of Use.
Third-party content may appear on or may be accessible via links from the Platform. Rotabull is not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on or accessible from the Platform. Rotabull neither endorses nor promotes any third-party content.
We may charge you fees in order for you to access and use the Platform. We use a third-party payment processor for the payment of all fees. All payments are final and non-refundable. Rotabull reserves the right to modify these fees at any time without notice.
If you are not completely satisfied with your experience with the Platform, your sole remedy is to cease using the Platform. Rotabull undertakes commercially reasonable efforts to ensure that the information on the Platform is current and accurate; however, Rotabull does not warrant the completeness, accuracy or validity of information on the Platform, including but not limited to descriptions of aviation parts offered for sale. Rotabull is not responsible for examining or warranting the listings or content provided by third parties on the Platform. You agree not to hold us responsible liable for any inaccuracies. We also undertake commercially reasonable efforts to protect the confidentiality of any confidential or proprietary information you provide, in accordance with the Privacy Policy [link to Privacy Policy]; however, Rotabull does not guarantee the confidentiality of such information against unauthorized third-party access or system failure.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND AN “AS AVAILABLE” BASIS. ROTABULL, ITS LICENSORS, AND ITS SUPPLIERS AND VENDORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION, ROTABULL, ITS LICENSORS, AND ITS SUPPLIERS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE PLATFORM.
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OF OUR CONTROL. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE PLATFORM AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE TO THE PLATFORM.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and Rotabull, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
You acknowledge and agree that Rotabull is not a party to any agreements executed between buyers and sellers that are facilitated through the Platform, and Rotabull will not have any liability under such agreements.
IN NO EVENT SHALL ROTABULL, ITS LICENSORS, ITS SUPPLIERS OR VENDOR, OR ANY THIRD PARTIES IDENTIFIED ON THE PLATFORM BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROTABULL, ITS LICENSORS, ITS SUPPLIERS OR VENDORS, OR ANY THIRD PARTIES IDENTIFIED ON THE ROTABULL ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
If you believe any materials accessible on the Platform infringe your copyright, or a copyright belonging to a third party, you may request removal of those materials (or access thereto) from the Platform by contacting Rotabull's copyright agent (identified below) and providing the following information:
Rotabull's agent for copyright issues relating to the Platform is as follows:
Rotabull, Inc.
Attn: Legal Department
250 Lafayette, 3A
New York, NY 10012 USA
Phone: +1 (347) 871-7163
Email: legal@rotabull.com
The Rotabull trademarks, service marks, product and service names, and other corporate indicia are the property of Rotabull, Inc. You agree not to display or use in any manner any of our trademarks, etc. without our prior permission.
You agree that Rotabull, in its sole discretion, may suspend or terminate your access and use of the Platform and remove and delete any materials you have submitted and posted on the Platform, for any reason, including, without limitation, if we determine that you have violated these Terms of Use, have engaged in illegal conduct or conduct that may harm other users or other third parties. You also agree that we may terminate your access without prior notice.
You can terminate your access to the Platform at any time and for any reason by deleting your user profile. Rotabull will not refund any payment resulting from the termination of your access.
Rotabull and the Platform are located in the State of New York, United States. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws of your jurisdiction.
All disputes, claims or controversies arising out of these Terms of Use will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its rules of conflict of laws. You hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York, the United States of America, for any litigation among the parties hereto arising out of or relating to these Terms of Use or your use of the Platform
In any dispute you may have with other users, whether as a buyer or seller, on the Platform, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The invalidity or unenforceability of one or more provisions of these Terms of Use will not affect the validity or enforceability of any of the other provisions hereof, and these Terms of Use will be construed in all respects as if such invalid or unenforceable provision(s) were omitted.
These Terms of Use and Privacy Policy constitute the entire agreement between you and Rotabull with respect to your access and use of the Platform.
If you have comments or questions about our Terms of Use, you may email us at legal@rotabull.com.
Rotabull, Inc.
250 Lafayette, 3A
New York, NY 10012 USA
Phone: +1 (347) 871-7163
Email: legal@rotabull.com