Avio Aero Portal Terms and Conditions
This Portal is provided by GE Avio S.r.l., including its affiliates, ("GE Avio") as an online information and communication service subject to your acceptance of the terms and conditions set forth in this agreement (hereinafter referred to as the "General Conditions").
Access, browse or use of this Portal implies your acceptance of this General Conditions. If you don't agree to them, the Portal, including the downloading of any materials from it, may not be used.
2. Portal Operating Rules
Your participation in on-line communication occurs in real time and is not edited, censored, or otherwise controlled by GE Avio. GE Avio cannot and does not screen content provided by users of the Portal; however, GE Avio does reserve the right to monitor content on the Portal and to remove content which GE Avio, in its sole discretion, determines to be offensive, harmful, or otherwise in violation of this operating policy, applicable laws and regulations or GE Avio's policies and procedures. In order to enhance our ability to maintain an informative and useful Portal and avoid the damage that can result from disseminating harmful or unauthorized statements, you agree that you will not:
(a) post or transmit any message on or through the Portal which is libelous, defamatory or which discloses personal or private matters concerning any person without their express consent. You may not post or transmit any message, data, image or program which is obscene, indecent, pornographic or profane or any other material which could give rise to any civil or criminal liability;
(b) post or transmit any message on or through the Portal which would violate the property rights of others, including unauthorized copyrighted text, images, programs, trade secrets or other confidential proprietary information, or trademarks or service marks used in an infringing fashion;
(c) interfere with the use by others of the Portal;
(d) post or transmit any file which may contain viruses, worms or any other contaminating or destructive program; or,
(e) disrupt or interfere with the security of, or otherwise abuse, the Portal, or any services, system resources, accounts, servers or networks connected to or accessible through the Portal or affiliated linked sites.
3. Intellectual Property/Use of Information
Any trademark, logo, picture, design, drawing, sound, music, film, software or anything else present on the Portal are and shall remain the exclusive property of GE Avio. Therefore, no right, title and/or interest in any material or software may be deemed assigned to the user as a result of any such downloading or copying. You shall not reproduce, totally or in part (except as provided by these General Conditions), distribute, publish, transmit, modify totally or in part, or sell any trademark, logo, picture, design, drawing, sound, music, film, software or anything else present on the Portal.
You are granted access to this Portal and the information contained on it as a result of a commercial relationship you have with GE Avio which is governed by one or more existing agreements. Accordingly, GE Avio grants you a non-exclusive, non-transferable, limited right to access, use, display, download and print material from this Portal and the materials located on it solely for those purposes authorized under the applicable, existing agreements which govern your commercial relationship with GE Avio and to procure goods or services directly from GE Avio. Any other alterations, reverse engineering, code disassembly, copying, re-distribution, re-transmission, "mirroring" of material contained on this Portal on another server, or publication of downloaded material is strictly prohibited without the prior, written consent of GE Avio and/or the original creator of such material.
4. Data Protection
For the purpose of the obligations provided for by Legislative Decree No. 196/2003 ("Protection of persons regarding the treatment of personal data"), in conformity with Art. 13, GE Avio S.r.l., owner of the data handling (Titolare), wishes to communicate the following: your personal data shall be collected, registered, organised, memorised and treated by GE Avio within the framework of the signing and execution of the Order, as well as for management, statistical and commercial purposes, and credit protection and management; the assignment of such data is optional, but is however deemed necessary for the execution hereof, and maintaining the supply contractual relations; any refusal to assign such data would not allow for commercial relations to be either set up or maintained between the parties; the aforesaid data may be communicated/diffused, that is, access may be granted thereto, to those Companies responsible for administrative, accounting, financial, fiscal and legal activities, to Consultancy Companies as may be used by GE Avio, also Public Bodies, Consortia or Partnerships, Associations, and Banks who have the safeguarding of credit, as well as those persons responsible for auditing GE Avio's balance sheets, and to Public Authorities or Administrations for the discharging of laws. Moreover, Responsible or Appointee named by GE Avio may have access to the aforesaid data on a need to know basis; the person in charge of data handling (Responsabile), as per Article 29 of Legislative Decree No. 196/2003, is the person pro-tempore in charge of the Industrial Relations Office that it is also appointed in order to give the information to the interested parties (Interessato) in case of exercise of the rights provided by Article 7 of Legislative Decree No. 196/2003; such data may also be treated via computerised means and, in any case, using, in due conformity with the Technical Annex (Annex B of Legislative Decree No. 196/2003), all precautionary measures regarding the confidentiality and secrecy of said data, as per Articles 34 and 35 of Legislative Decree No. 196/2003). The data shall be maintained at GE Avio, [via I Maggio 99, Rivalta di Torino (Turin), Italy] for such the period provided for by the applicable laws;
h) A complete and updated list of the designated responsible may be obtain by written request to the above mentioned Responsible for the treating. In conclusion, GE Avio reminds the interested party (Interessato) that, according to Article 7 of Legislative Decree No. 196/2003, the latter owns specific rights, including the right to obtain a confirmation of the existence or not of their personal data even if not already registered, the clear communication of such data, its origin, the purpose and the form of the treatment and method applied in case of data treated via computerized means. The interested party (Interessato) may obtain the updating, rectification or, if interested, the integration of the data as well as the cancellation, transformation in an anonymous form or the blocking of the data handled, not in compliance with the applicable laws. It is also the right of an interested party (Interessato) to oppose, totally or partially, for legitimate reasons, the treatment of their personal data even if relevant to the purposes of collection for commercial communication, mailing of advertising material or direct sale.
5. Access and Interference
You agree that you will not extract, collect or harvest, through electronic means or otherwise, data or data fields from the Portal, without GE Avio's express written permission. You further agree that you will not use any device or software, whether developed by you or a Third Party, to interfere or attempt to interfere with the proper working of the Portal and will not place a disproportionately large load on GE Avio's infrastructure.
6. Links from Other WebPortals
You agree to obtain the prior written permission from us before linking to this Portal. You may contact us at email@example.com to obtain such permission.
7. Limitation of Liability
In no event shall GE Avio, its officers, directors, employees, agents, be liable to any person or entity for any indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Portal or any linked Web site, even if GE Avio expressly advised of the possibility of such damages.
The connected sites (links) are not controlled by GE Avio and, as a consequence, GE Avio is not, and shall not be, liable or responsible, for any reason or cause, for any contents on these connected sites or of the connection addresses. Links do not imply that GE Avio sponsors or is affiliated to any entity whose products or services are described thereon.
You agree to indemnify, defend, and hold harmless GE Avio, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Portal from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from or relating to any violation of these General Conditions by you.
These General Conditions may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Portal after you have terminated these General Conditions, however the obligations contained in Paragraphs 2,3,7,8,9,11,13 shall survive such termination. GE Avio may terminate, change, suspend or discontinue any aspect of the GE Avio Portal, including the availability of any features of the Portal, at any time. GE Avio may also impose limits on certain features and services or restrict your access to parts or all of the Portal without notice or liability. GE Avio may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials.
10. Use of Interactive Electronic Tools ("Wizards")
Any interactive electronic tools (also known as "Wizards" and/or "Configurators") provided on this Portal are provided for your convenience in order to provide technical support, forecast engine performance or predict trends; however, you must exercise your own independent judgment when utilizing the data generated. Information contained or generated on this Portal represents an estimate based upon generally available fleet data or variable data furnished by you. This information is intended for informational purposes only and does not constitute a commitment or warranty of any type by GE Avio. In addition, any price quote for products or services provided through this Portal by any interactive electronic tool is provided for informational use or planning purposes only; it is not an offer to sell the product or service at that price and is subject to change at any time. The sale of any product or service shall be as set forth on a Purchase Order prepared in accordance with the terms and conditions in a valid and current General Terms Agreement.
11. Dispute Resolution, and Applicable Law
This Protocol shall be interpreted and governed according to Italian Law, excluding the provisions of the law relative to conflict of systems rights, and excluding the United Nations Convention on Contracts for the International Sale of Goods, which might otherwise be applicable. The Parties shall expressly agree that any dispute between them in connection with the interpretation and/or the execution of this Protocol shall fall under the sole jurisdiction of the Courts of Turin (Foro di Torino).