Welcome to TBX by Aviation Data Group. Aviation Data Group (hereinafter "ADG") provide its services to you (hereinafter "the Consumer") subject to the following conditions. These Terms and Conditions (the “Terms”) apply to the website operated by ADG, airworthy.com, and its associated content; and to any other websites and their content which link to these Terms and are owned, operated, or maintained by ADG or its affiliates (hereinafter "Site"). I These Terms are an agreement between the Consumer and ADG and govern your use of the Site that you have accessed.
By accessing the Site, the pages or content contained on the Site, any services, information, tools, or other material contained or described herein, and/or contacting our personnel or otherwise interacting with us (collectively, the “Services”), you acknowledge your agreement with, and understanding of, the following Terms. These Terms may change from time to time (see the “SITE POLICIES, MODIFICATION, AND SEVERABILITY” section in these Terms). Your continued use of the Site or Services after we make changes is deemed to be acceptance of those changes, so please check these Terms periodically for updates.
Remember that your use of the Site and Services is at all times subject to our Privacy Policy, which incorporate these Terms. To understand how and what information we collect, and how we may use or disclose such information, please carefully read our Privacy Policy. By using our Site and Services, you acknowledge that you have read our Privacy Policy and consent to our privacy practices. You further affirm your consent by becoming a registered member or submitting content or materials to, or through, our Site or Services. If you do not agree with all of the provisions of these Terms, please do not access and/or use the Site or Services.
ELECTRONIC COMMUNICATIONS
By the Consumer visiting the Site, filling out forms on the Site or sending an e-mail to ADG, the Consumer is communicating with ADG electronically, and thereby consenting to receive electronic communications from ADG electronically. By communicating with us electronically, the Consumer agrees (a) we may communicate with you electronically by email, or as appropriate, by posting general notices on our Site or Services; (b) that all agreements, notices, disclosures and other communications that ADG provides to the Consumer electronically satisfies any legal requirement that such communications be in writing; and (c) any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
You may opt out of receiving newsletters and other promotional messages at any time by clicking the unsubscribe link on the email, but you may not opt-out of receiving important items regarding use of the Site and/or Services, as further detailed in our Privacy Policy.
COPYRIGHT
All content included on the Site and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, portable document files, and software, is the property of ADG or its content suppliers and protected by international copyright laws. The compilation of all content on the Site and for the Services is the exclusive property of ADG, and is protected by international copyright laws. ADG will enforce such rights to the full extent of applicable law.
TRADEMARKS
ADG's trademarks and trade dress shall not be used in connection with any product or service that is not ADG's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ADG. Nothing on the Site or Services shall be construed as granting any license or right to use any image, video, trademark, service mark, or logo. Downloading, copying, or printing individual pages and/or parts of the Site is allowed for personal, non-commercial use only, and will not transfer title to any software or material on the Site or Services to you. You must not reproduce, distribute, reverse engineer, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site or Services except as generally and ordinarily permitted through the Site according to these Terms. You must not access or use any part of the Site, any of the Services, or any materials available thereon for any commercial purposes. Explicit attribution to ADG must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication, or distribution of material requires the express consent of ADG. ADG will enforce such rights to the full extent of applicable law.
All other trademarks not owned by ADG that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ADG.
LICENSE AND ACCESS TO SITE & SERVICES
ADG grants the Consumer a limited license to access and make personal use of the Site and Services, and content contained therein, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ADG. This excludes portable document files created by any print function provided by the Site (hereinafter "Print Function PDF"), which by these terms and conditions, ADG hereby grants the Consumer permission to download and modify. The Consumer accepts and agrees that downloading and use of any and all Print Function PDF follows the license restrictions set forth in the following paragraph:
This license does not include any resale of the Site, Services, or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of the Site, Services, or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. The Site and Services or any portion of the Site and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ADG. The Consumer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ADG and our associates without express written consent. The Consumer may not use any meta tags or any other "hidden text" utilizing ADG's name or trademarks without the express written consent of ADG. Any unauthorized use terminates the permission or license granted by ADG. The Consumer is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ADG so long as the link does not portray ADG, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. The Consumer shall not use any ADG logo or other proprietary graphic or trademark as part of the link without express written permission by ADG
Further, the Consumer understands that sharing of the consumer's account with another individual, or entity is strictly prohibited and the Consumer's license and access to Site & Services shall be immediately revoked and a refund of the Consumer's subscription fee (all or prorated portion thereof) shall not be provided. For the purposes of this paragraph "sharing" is defined as any access not specified in the Membership Account section below.
PROHIBITED USES
We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason or no reason at all. You agree that you will not, and are prohibited from:
Any use which violates these Terms gives ADG the right (without notice or liability) to revoke the aforementioned license, or to refuse, restrict, terminate, or discontinue your access to the Site and/or Services (or any portions, components, or features of the Site and/or Services).
REFUND/RETURN POLICY
Except where otherwise prohibited by this agreement, refunds are granted on a case-by-case basis and limited to a prorated portion of the Consumer's unused subscription term less a $35 cancellation fee.
CONSUMER INFORMATION
The Consumer hereby affirms that any and all information provided by the Consumer for the purpose of registration, membership, subscription or purchase is accurate and correct. If the Consumer provides false or misleading information, the Consumer indemnifies ADG against any damage or loss as a result of the false or misleading information provided by the Consumer. ADG further reserves the right to refuse service, or terminate accounts in the event that the Consumer has provided false or misleading information, in which case, the Consumer is not entitled to any refund amounts as specified in the Refund/Return Policy for a subscription terminated prior to the end of its term.
FREE TRIAL REGISTRATION & MEMBERSHIP
ADG may offer the Consumer a free trial to allow the Consumer to try our Site and Services. ADG reserves the right to set eligibility requirements and the duration for free trials.
At the end of your free trial, ADG will charge the relevant membership fee for the next billing cycle to your nominated payment method. Your access to the Site and Service will cease if you do not enter into a paid membership prior to the end of the free trial period.
ADG offers monthly and yearly membership plans. Please note that the monthly membership requires a six-month commitment prior to cancellation.
MEMBERSHIP ACCOUNT
If the Consumer uses the Site and Services, the Consumer is responsible for maintaining the confidentiality of his/her account and password and for restricting access to the Consumer's computer, and the Consumer agrees to accept responsibility for all activities that occur under his/her account or password. The Consumer agrees to never provide his/her password to another individual or entity for the purpose of allowing that individual or entity to use the content included on the Site and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, portable document files, and software, for that individual or entities personal use. The Membership Account may only be used by the purchaser of the subscription, unless a multi-user license is purchased. If a multi-user license is purchased, the Site, Services and Membership Account may only be used by members or employees of the legal entity for which the license was purchased. "Legal entity" is defined as a company, a corporation, partnership, or any formal organization that is registered as a business entity with its governing body. This shall be limited to one location/single site. If the Consumer is under the age of 18, the Consumer shall only use the Site and Services with involvement of a parent or guardian. ADG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
If the Consumer cancels their Membership Account, then ADG will only retain information associated with the Membership Account for a period of thirty days. Once the thirty days expires, ADG may delete all information from the Membership Account.
MEMBERSHIP ACCOUNT SHARING IS PROHIBITED
If the Consumer uses the Site and Services, the Consumer is fully responsible for the protection of the individual account. This includes and is not limited to the practice known as “SHARING”. SHARING your login information with another individual is expressly prohibited. This practice is specifically not allowed with ADG or the Site and Services. Any SHARING beyond those limitations is strictly forbidden and may result in the cancellation of your subscription. ADG reserves all rights to the ability to monitor IP Addresses and locations for this purpose to control SHARING ACTIVITY. By using the Site and Services, you agree to these terms and will be completely responsible for any person you authorize or who gain authorization to your account.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
The Consumer shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. The Consumer grants ADG and sub-licensees the right to use the name that the Consumer submits in connection with such content, if ADG chooses. The Consumer represents and warrants that the Consumer owns or otherwise controls all of the rights to the content that the Consumer posts, that the content is accurate, that use of the content the Consumer supplies does not violate this policy and will not cause injury to any person or entity, and that the Consumer indemnifies ADG for all claims resulting from the content the Consumer supplies. ADG has the right but not the obligation to monitor and edit or remove any activity or content. ADG takes no responsibility and assumes no liability for any content posted by the Consumer or any third party.
PRODUCT DESCRIPTIONS
ADG prides itself on providing the most accurate and up to date information as possible; however, ADG does not warrant that information contained within the Site, Services product descriptions or other content of the Site and Services is accurate, complete, reliable, current, or error-free. If a product offered by ADG itself is not as described, the Consumer’s sole remedy is to cancel the subscription and request a refund.
Further, the Consumer understands that the content of the Site and Services is an unofficial compilation of information concerning aviation maintenance and airworthiness and is intended for INFORMATION PURPOSES ONLY. ADG makes no representations or warranties of any kind, expressed or implied, that the compilation of information provided by the Site and Services is accurate, complete, reliable, current or error-free. Further, pursuant to 14 CFR 39.3, 43.11, and 43.13, the Consumer agrees that it is the sole responsibility of the Consumer, or persons retained or hired by the Consumer to perform maintenance and/or inspections, to comply with any and all applicable airworthiness directives issued by the Federal Aviation Administration and the determination of applicability of said airworthiness directives to aircraft being maintained or inspected by the Consumer and/or the Consumer's associates.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY OF THE SITE AND SERVICES IS PROVIDED BY ADG ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE AND SERVICES. THE CONSUMER EXPRESSLY AGREES THAT HIS/HER USE OF THE SITE AND SERVICES IS AT THE CONSUMER'S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADG DOES NOT WARRANT THAT THE SITE, SERVICES ITS SERVERS, OR E-MAIL SENT FROM ADG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE CONSUMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THE CONSUMER, AND THE CONSUMER MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the Site, the Consumer agrees that the laws of the state of Pennsylvania, United States without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between the Consumer and ADG or its associates.
DISPUTES
Any dispute relating in any way to the Consumer's visit to the Site, Services or to products purchased through the Site and Services shall be submitted to confidential arbitration in the state of Pennsylvania, United States, except that, to the extent the Consumer has in any manner violated or threatened to violate ADG intellectual property rights, ADG may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, United States, and the Consumer consents to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ADG and affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your violation of these Terms, the documents they incorporate by reference, or any applicable law, (b) your violation of the rights of a third party, (c) your access to or use of the Site or Services, (d) any dispute or issue between you and any third party concerning the Site or Services; and (e) all claims pertaining to the Site or Services, or your use thereof that arise from, or otherwise allege, negligence, fraud, or intentional misconduct committed by you. Without limiting the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review any other policies posted on the Site. These policies also govern the Consumer's visit to the Site and use of Services. ADG reserves the right to make changes to the Site, Services, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Terms and Conditions, Privacy Policy, or other policy related material can be directed to ADG support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: support@airworthy.com
Version 2025.01 Dated: March 28th, 2025