1. General Information
2. Membership Eligibility
3. Formation of Contract
4. Fees and Services
5. The Site
6. Bakerav.com is only a Venue
7. Your Information
8. Access and Interference
9. Ratings
10. Breach
11. Privacy
12. No Warranty
13. Liability Limit
14. Indemnity
15. Legal Compliance
16. No Agency
17. Notices
18. Arbitration
19. Intellectual Property
20. Intellectual Property Infringement
21. Designated Flight Test Experts
22. General

1.  General Information

1.1     For your information we list below the address details of Baker Aviation Services, LLC:

2.  Membership Eligibility

2.1     Our services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and bakerav.com.  Further, our services are not available to temporarily or indefinitely suspended bakerav.com members.

3.  Formation of Contract

3.1     In order that a legally binding contract can be formed between bakerav.com and a member eligible under clause 2 above, the member is required to accept these Terms and Conditions unconditionally by clicking the ‘I accept’ checkbox during the registration process.

3.2     Bakerav.com in their absolute discretion reserves the right to refuse, suspend or cancel membership of any member.

3.3     These Terms and Conditions shall override any contrary terms or conditions published by bakerav.com or appearing on this web site pertaining to members.

3.4     In consideration of bakerav.com agreeing to the member’s use of the Site, the member agrees to comply with these Terms and Conditions.

4.  Fees and Services

4.1     Registering to use our site and its Services (as defined below) is currently free of charge.  Bakerav.com reserves the right to change its fee policy and the fees charged for the Services from time to time. Changes to the policy will become effective fourteen (14) days after notice of the changes have been posted on the announcements board of the Site. However, bakerav.com may choose to temporarily change the fees for special services offered from time to time.  Such changes become effective immediately upon posting notice of the changes on the announcements board. In these instances, you will have an opportunity to review and accept the fees that you will be charged for the use of the service. Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees associated with using the Services and the Site and all applicable taxes.

Bakerav.com accepts no responsibility for taxes etc on transactions effected as a direct or indirect result of the use of the Site.

5.  The Site

5.1     Bakerav.com reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is the member’s responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by bakerav.com.

5.2     Bakerav.com does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.

5.3     Where bakerav.com provides hyperlinks to a third party's website, bakerav.com shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other web-site which may be referred to or accessed by the hyperlink and bakerav.com does not endorse or approve the content of such third parties web-sites.

5.4     Bakerav.com makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum.

6.  Bakerav.com is only a Venue

6.1     Overview.  The Site acts as a venue for aviation and flight test professionals to interact and share information and opinions (“the Services”). Although community members may choose to conduct business related communications and transactions through the site, bakerav.com is not involved in the actual transaction between buyers and sellers. As a result, bakerav.com has no control over the quality, safety, truth, accuracy or legality of any products, items or services offered, nor any ability whatsoever to warrant or guarantee the integrity of the providers or purchasers of such products, items or services. Bakerav.com cannot ensure that any provider or purchaser will actually complete a transaction.

6.2     Member identities. Because identification and authentication on the Internet is difficult, bakerav.com cannot and does not confirm each member’s purported identity.  Bakerav.com has established a member-initiated rating system to help you evaluate the quality of any individual's input and bakerav.com allows members to give access to information about themselves to other members. If you are in any doubt as to an individual's identity you are encouraged to attempt to communicate directly with that person to further establish their credentials.

6.3     Release. In the event that you have a dispute or issue with one or more of the other members, you shall release bakerav.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.4     Information Control. Bakerav.com is designed to help members obtain aviation and flight test related information and to discuss aviation and flight test issues. This information is largely provided by our members, many of whom use anonymous User IDs and are people we may have never met. Whilst the quality of material submitted to our Site is generally high, bakerav.com does not control the information provided by members, and you may find other member’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our Site. Please note that there are also risks in dealing with foreign nationals, underage persons or people acting under false pretences including underage persons.

6.5     Furthermore, as you cannot be sure who any contributor really is, you should treat the contributors here in the same way that you would treat anyone you had come across for the first time. You should not rely upon the information you find at the Site but rather, you should use it as a starting point for doing independent research, then decide for yourself the accuracy and merits of the information that has been shared in our forum and on our Site. As such bakerav.com cannot guarantee and gives no warranty as to the accuracy, veracity, or completeness of any information provided in our forum.

6.6     The opinions expressed on this Site are those of the contributing individuals. If you act on anything that is said or done you must do so on the basis of a considered decision of your own, having weighed up the pros, cons and risks thereby fully accepting the responsibility for the success or failure of your actions. Under no circumstances shall bakerav.com be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Site. You agree to indemnify bakerav.com against any actions, claims, proceedings, or liabilities arising from your use of the content of the Site.

7.  Your Information

7.1     "Your Information" is defined as any information you provide to bakerav.com or other users during registration, in any public message area, through feedback or any e-mail or form features.

7.2     Your Information and conduct (or any items listed therein) shall not:

• be false, inaccurate or misleading
• be fraudulent or involve the sale of counterfeit or stolen items
• infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
• violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
• be defamatory, trade libelous, unlawfully threatening or unlawfully harassing
• be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material
• contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything
• post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user

7.3     To enable bakerav.com to use the information supplied, such that we are not violating any rights you might have in that information, you agree to grant bakerav.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license and the right to sub-license (through multiple tiers) to use the copyright, publicity and other intellectual property rights you have in Your Information, in any media now known or not currently known. Bakerav.com will only use Your Information in accordance with the Privacy Policy to the Site.

7.4     You are responsible for all statements made and acts that occur through the use of your membership and password. Please don't disclose your password to anyone. If your password has been stolen, you must let us know. Bakerav.com may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions.

7.5     While bakerav.com cannot review all transmissions by members in the forum, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. Bakerav.com, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards) that we deem inappropriate or that violates any of this agreement.

8.  Access and Interference

8.1     You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of bakerav.com.

8.2     You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

8.3     You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

8.4     Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to bakerav.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of bakerav.com or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.

9.  Ratings

9.1     You may not take any actions, which may undermine the integrity of the ratings system.

9.2     Export. You acknowledge that your rating consists of a composite number compiled by the aggregated ratings of other site users. Because ratings are not designed for any purpose other than for facilitating information searching for bakerav.com members, you agree that you shall not market or export your bakerav.com rating in any other venue.

9.3     Import. Bakerav.com does not provide the technical ability to allow you to import ratings from other websites, as this does not reflect your true online reputation within our community.

10.  Breach

10.1     Without limiting other remedies, bakerav.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Services to you if:

• you breach this Agreement or the documents it incorporates by reference (including but not limited to our Privacy Policy)  
• Bakerav.com are unable to verify or authenticate any information you provide to us; and  
• Bakerav.com believe that your actions may cause legal liability for you, our members or us

11.  Privacy

11.1     By registering, you are agreeing that other members may make statements about your views, opinions or services which you regard as untrue. In any such case, if you contact bakerav.com, giving full details, bakerav.com will conduct a brief investigation and may remove the offending statement. Whether or not the offending statement is removed you hereby waive any right you might otherwise have against bakerav.com in connection with such statements. You accept that bakerav.com cannot control such statements and it is not practicable to conduct full, detailed, investigations. For more details on Privacy, please review our Privacy Policy.

12.  No Warranty

12.1     The Site including, without limitation, its contents, functionality, performance and features are provided on an “as available basis” at the member’s sole risk and without representations or warranties of any kind and to the full extent permitted by law. Bakerav.com and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.

13.  Liability Limit

13.1     Nothing in this agreement is intended to limit or exclude any liability on the part of bakerav.com where and to the extent that applicable law prohibits such exclusion or limitation.

13.2     Subject to the above statement, in no event shall bakerav.com or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with this agreement.

13.3     Accordingly subject to clause 13.1, you agree not to bring a claim of any nature against bakerav.com in relation the use of or access to the Site, except where such a claim cannot be excluded by law. You acknowledge and agree that bakerav.com will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against bakerav.com in breach of the foregoing.

14.  Indemnity

14.1     You agree to indemnify, defend and hold harmless bakerav.com and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or loss it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

15.  Legal Compliance

15.1     You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.

16.  No Agency

16.1     You agree that you and bakerav.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

17.  Notices

17.1     All notices required to be served on bakerav.com shall be sent to the contact address stated in clause 1 or to the e-mail address of bakerav.com.

18.  Arbitration

18.1     Any controversy or claim arising out of or relating to this Agreement or bakerav.com's Services shall be settled by an arbitration tribunal designated by bakerav.com. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Kansas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or bakerav.com may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Kansas necessary to protect the rights or property of you or us pending the completion of arbitration.

19.  Intellectual Property

19.1     You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks, trade secrets and trade names) in the Site belongs to bakerav.com or its third party licensors.  Accordingly, any part of this Site (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this Site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.

19.2     Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by bakerav.com or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the Services. 

19.3     Bakerav.com reserves the right in accordance with the license granted under clause 7.3 to license and republish the material contributed by you. Any work republished will be with proper attribution to the author.

19.4     No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:

19.4.1     distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without bakerav.com's or the relevant licensee's prior written permission;

19.4.2     provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the bakerav.com Services without bakerav.com's or the relevant licensee's prior written permission;

19.4.3     display, publish, copy, print, post or otherwise use the bakerav.com Services and the information contained therein for the benefit of any other website without bakerav.com's or the relevant licensee's prior written permission;

19.4.4     process or otherwise use the information contained on or within the bakerav.com Services for any illegal or immoral purpose nor use or process the same unfairly.

19.5     You agree and accept that bakerav.com may publish or otherwise distribute your Information and you therefore grant to bakerav.com an irrevocable, perpetual, non-exclusive right and license to publish the Submissions and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.

19.6     You therefore hereby undertake to bakerav.com to indemnify and hold harmless bakerav.com in full and defend at its own expense bakerav.com against all claims, liabilities, costs and losses whatsoever and howsoever incurred by bakerav.com, its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.

19.7     Baker Aviation Services, bakerav.com, the bakerav.com logo and the Baker Aviation Services logo are trade names or trade marks of Baker Aviation Services, LLC, the use of which is expressly forbidden by any other persons without the express permission of Baker Aviation Services, LLC.

19.8     Bakerav.com makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the bakerav.com Services please contact Baker Aviation Services, LLC at the address provided in Section 1.

20.  Intellectual Property Infringement

20.1     Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for bakerav.com to know if a posting or other content contribution infringes a third party’s intellectual property right and to what degree.

20.2     If you believe that your intellectual property right has been infringed, it is your obligation to notify bakerav.com immediately. Bakerav.com accepts no liability for copyright infringement by any of its members, though bakerav.com will endeavour to protect any rights through appropriate action should any infringement come to light.

21.  Designated Flight Test Experts

21.1     You will notice that some of the Site's members have a special icon after their User ID in the forum postings. These people are Designated Flight Test Experts ("Experts"). They perform a variety of functions, including updating site content and contributing to the forums.

21.2     Experts are appointed solely by bakerav.com on the basis of their merits and value as a contributor to the content and community of the site. This should in no way be construed as an endorsement of that individual's services or professional competency outside the Site.

21.3     Experts are free to contribute as they see fit. Their opinions are their own. Any decision to offer advice or information belongs to them. We do not closely monitor their contributions. Bakerav.com does not regulate what the Experts say and, in some cases, their opinions may differ substantially from each other. We value this freedom of opinion as this creates lively debate and an open market.

21.4     Experts are appointed because bakerav.com believes that they have something valuable to contribute to the community. However, bakerav.com will not be held liable for the quality, accuracy or veracity of any of the content, opinions or otherwise of the Experts nor can we guarantee the ongoing levels of quality of any Expert(s). Any weight you ascribe to Experts' opinions should be based upon your judgment of their ability to provide useful and insightful advice and information, as with anyone else you see in our forum. You should not believe that these people necessarily have any additional insight or information simply because they have been appointed Experts.

21.5     Bakerav.com reserves the right to appoint and dismiss Experts entirely at its discretion. Members cannot apply to be Experts and any request to be made an Expert in no way guarantees that the user will be made an Expert, or even that their request will be considered or replied to.

21.6     Experts are appointed purely to help other users see who bakerav.com considers to offer useful and insightful advice. An Expert and bakerav.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the appointment of an Expert or under the terms of this Agreement.

21.7     A member may choose to accept or decline an offer of appointment to Expert status by bakerav.com. An Expert may request at any time that their status as an Expert be removed and bakerav.com agrees to comply with any such request within 30 working days of notice being given. An Expert may choose to maintain several identities on the site, in order to appear both as a normal user and as an Expert.

22.  General

22.1     This Agreement shall be governed in all respects by the laws of the State of Kansas as if the Agreement was a contract wholly entered into and wholly performed within the State of Kansas.

22.2     If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Bakerav.com’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

22.3     The laws of your country may be different from those of the State of Kansas or the United States of America in numerous respects. There is no practical way for bakerav.com to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other members do. Bakerav.com does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

22.4     Bakerav.com does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.

22.5     These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country. If you and any other party enter into a transaction agreement of any kind through the site then the seller's local law will govern further dealings as to shipment, payment etc. - unless you both explicitly agree otherwise.

22.6     Note however, that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later).