General Terms of Use for the platform AviaCourses.com (“Terms of Use”).
Preamble
AviaCourses.com (“AviaCourses”) is an internet-based platform (“Platform”), for the use of Online Webinars (“Webinars”). Anybody can use the Platform (“User”) and access the advertised products (“Webinars”) hosted by the Speakers (“Speakers”). AviaCourses, therefore, caters to the need for communication between Speakers and Users and provides to this end the Technical Platform. AviaCourses does not participate in the content-related exchange between the Users and the Speakers. Due to the academic environment of the Platform, AviaCourses aims to keep a healthy balance between the free flow of information and intellectual property rights, keeping the best interests of its Users in mind. AviaCourses is aware that the Users of the Platform expect all personal data conveyed to AviaCourses to be handled with utmost care. Our basic principle: The User has complete control over the content posted by him or her (such as files, discussions, links, etc.). AviaCourses will use the data provided by its Users solely for the purpose of providing a reliable and useful service. Further information on handling the personal data of Users can be found in the privacy policy.
AviaCourses expects its Users to display the same level of care in dealing with the personal and intellectual property rights of other Users and rights holders. To ensure a productive and safe work environment, it is indispensable to adhere to some general principles. Please see point 9 for those principles.
By registering for the Platform the User agrees to accept the validity of and ensure compliance with these terms of use. The User can read and print, download, and save these Terms of Use at any time, even after the conclusion of the agreement on the Platform’s website by following the link Terms of Service.
A gender-sensitive language is one of the basic communication principles at AviaCourses. However, when it comes to official wording and legal terminology this is unfortunately not always possible. We, therefore, apologize for instances of failing to fully adhere to the standards of gender-sensitive writing in the following terms of use. Of course, we continue to do our best wherever we can to write and speak in a gender-sensitive manner.
Because email communications are not always secure, please do not include credit card or other sensitive Data (such as racial or ethnic origin, political opinions, religion, health, or the like) in your emails to us.
1. Scope
The following terms of use apply to the use of the Platform and to all connected services offered by AviaCourses. The Terms of Use also apply to the use of AviaCourses via mobile devices.
2. Registration and Conclusion of the Agreement
2.1 In order to be able to use the Platform, the User is required to register. After registration, a contract between the User and AviaCourses about the use of the Platform is concluded (“user contract”). The registration for, and use of, the Platform is free for all users.
2.2 Only Users who are at least 18 years of age are allowed to register for the Platform.
2.3 A User can register for the Platform either by completing a registration form or logging in through an existing facebook-account or another account of comparable internet service.
2.3.1 If the User chooses to log in with their facebook-account or the account of comparable internet service, the user contract will be concluded after completing the account data of Facebook or comparable internet service and the agreement to the validity of these Terms of Use and the data privacy policy and upon clicking the button for registration.
2.3.2. If the User chooses the completion of the registration form, they need to make sure the data provided is complete and correct. It is prohibited to register for an account under a different name or otherwise inaccurate information. In particular, AviaCourses advises against the abuse of titles and occupational titles. The User is also required to immediately notify AviaCourses of any changes of their data. Before filing the registration form the User has to confirm that they read these Terms of Use as well as the data privacy policy for the use of the Platform and agree to their validity. Please note that the contract about the use of the Platform is not yet concluded when sending the registration form by clicking on the respective button.
After sending the registration form the User receives a confirmation e-mail from AviaCourses to the e-mail address they provided in the registration form. In this e-mail, the user is asked to confirm again the provided data, the data privacy policy, and the acknowledgment of, agreement to, and compliance with the Terms of Use, in particular re the user obligations laid down in point 9. This confirmation e-mail represents the offer for concluding the user contract including these Terms of Use. The User accepts this offer by confirming the registration by clicking on the activation link provided in the e-mail. The user contract between AviaCourses and the User will be concluded at the moment AviaCourses receives the electronic confirmation from the User.
2.4. The contracting party for the use of the Platform is AviaCourses LLC.
2.5 Following the successful conclusion of the user contract the User can use the Platform in accordance with the Terms of Use. To do so, the user needs to log in to the Platform via the log-in area of the website. The login data consist either of the login data of the user account for Facebook or comparable internet service or of the e-mail address the user provided during the registration and the password they chose (“login data”). The User can change the password anytime in their account settings. If the user chose the login over Facebook or comparable internet service, they can change the respective login data in the account settings on the website of Facebook or comparable internet service.
2.6 AviaCourses may refuse a registration without stating reasons for the decision. The User is not entitled to conclude a user contract.
3. User Account and Login Data
3.1 AviaCourses provides to the User a user account on the Plattform’s website after concluding the user. The User has access to their data via this user account after entering the login data.
3.2 The login data (see point 2.5) as well as the user account are not transferable and may only be used by the registered User themselves. The User must not pass or allow the use of the login data to any third party. The login data has to be kept in safe custody and must not be disclosed to anyone.
3.3 As soon as the User learns of or suspects abuse of their login data they are obliged to notify AviaCourses thereof immediately. The User is liable for all consequences of a third party accessing and using the user account provided that they are responsible for the loss of login data. In particular, the User is liable if they enabled the unauthorized use of login data intentionally or carelessly. The User’s liability ends only if they inform AviaCourses about the unauthorized use or loss of login data and change the password, if possible and necessary.
AviaCourses is entitled to temporarily or permanently lock the User’s account and / or withdraw access rights from the User with immediate effect or within a period of time at the discretion of AviaCourses and / or terminate the user contract without giving notice in case the User violates these terms of use, in particular if
false information were provided during registration,
unauthorized disclosure of login data and / or other forms of abuse of the Platform.
In these cases, the User is not allowed to register again without AviaCourses’s prior written consent.
4. Privacy Policy
AviaCourses is aware that a highly sensitive treatment of all personal data submitted by the Users to AviaCourses is of great importance to the Users. For further information regarding the details of AviaCourses’s handling with personal data please see the Privacy Policy (https://aviacourses.com/privacy/).
5. The contents of the agreement – what does AviaCourses provide?
5.1 On the Platform, Webinars are offered for a variety of different areas. These Webinars are supported by interactive elements. In particular, AviaCourses helps to bring together the Users and gives them an opportunity to participate in Webinars. AviaCourses provides the technical applications but does not participate in any communication with regard to the contents.
5.2 The participation in. or the completion of a Webinar does not constitute any legal relationship of any kind between the User and the AviaCourses or organization providing the Webinar or the respective speaker.
5.3 AviaCourses reserves the right to cancel, change or delay Webinars at any time. The User is not entitled to participate in a specific Webinar and / or at a specific time.
5.4 The exact scope and the details of certain functions of the Platform can be found on the Platform’s website.
5.5 Aside its own functions AviaCourses also offers third party functionalities in the form of apps, or provides links to third party content. In such cases, apps or third party content are clearly marked as such. AviaCourses is not responsible for these offers and cannot exert any influence on them. Any contracts resulting from third party apps are concluded only between the User and the third party, governed by the provisions of the respective provider.
5.6 AviaCourses may provide the User with news on the Platform, e.g., new features, as well as on modifications or upgradings of AviaCourses’s services, via e-mail to the e-mail address provided during registration, provided that the User agreed to the receipt of such a newsletter. If the User does not want to receive news about the Platform they can unsubscribe from the service by sending an e-mail to support@aviacourses.com at any time, or stop the receipt by changing their account settings. Furthermore, every e-mail contains a link to unsubscribe from the e-mail list.
5.7 AviaCourses aims to develop the Platform gradually and in close collaboration with the Users. Therefore, AviaCourses reserves the right to expand, supplement and modify the services of the Platform or offer different services. However, this should not lead to any unreasonable restrictions of the User’s current organization on the Platform as the aim is to improve the system and not to reduce the functionality. In the event of extensions, supplements or modifications to the service, all User data will be preserved unless the User explicitly consents to the deletion of certain data or deletes them himself.
6. Free of Charge Services, Term and Termination
6.1 Registration and use of the Platform are free of charge for the User.
6.2 The user contract is concluded for an indefinite period.
6.3 Both parties may terminate the user contract without giving any reasons to the end of each month by giving notice two weeks. The right to terminate for important reasons remains unaffected. The termination notice shall be delivered by e-mail to support@aviacourses.com. To ensure the allocation of a termination to the right User the User must use the e-mail address they used for registration, or shall include this email address in the termination e-mail. The User can also terminate by deleting their account settings by using the corresponding function on the website. AviaCourses will confirm the termination of the user contract by e-mail.
6.4 Upon termination of the user contract the user account will be closed and the User profile including the contents will be irrevocably deleted by AviaCourses. A recovery of the contents after termination is, due to technical reasons not possible. However, data and content that the User has released for other Users to access or posted in discussion forums will not be automatically deleted even after the contract has been terminated (see also section 8.2). If a User wishes to delete data published and shared by them, it is their responsibility to delete such data before the termination of the agreement. AviaCourses is not responsible for the use of data and content by other Users, which the User has not deleted before their contract has been terminated.
7. Cost of Service
7.1 AviaCourses shall make available for its Users to purchase the additional Products and Services, which are billed on an individual basis, excluding any applicable taxes (“Cost Of Service”).
7.1.1 A valid payment method, including but not limited to credit or debit card, is required to process the payment for the Product or Service. User shall provide AviaCourses with accurate and complete billing information including full name, company name (if any), address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, User automatically authorizes AviaCourses to charge all fees incurred through User’s account to any such payment instruments.
7.1.2 Should online billing fail to occur for any reason, AviaCourses will issue an electronic invoice indicating that User must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
7.1.3 AviaCourses reserves the right at any time to change the Cost of Service without prior notice or liability.
7.1.4 AviaCourses can provide discounts according to the internal politics of the Company.
7.1.5 All payments are made on AviaCourses website “www.aviacourses.com”. The online payment processor is “Stripe” (www.stripe.com).
7.1.6 All payments are non-refundable.
7.2 AviaCourses may collect United States Sales Tax as per the Sales and Use Tax Policy outlined in clauses 7.2.1 to 7.2.4.
7.2.1 AviaCourses Sales and Use Tax Policy is only applicable to Users who are nationals, residents or companies in the United States of America. We have prepared this sales tax policy statement to explain to the User when and why AviaCourses collect the Sales Tax.
7.2.2 Even if AviaCourses does not collect Sales Tax, User may owe sales tax on the purchase. Unless User is a resident of Alaska, Delaware, Montana, New Hampshire, or Oregon, the state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on User’s income tax return or by filing a consumer use tax return. For more information, please visit the state’s department of revenue website.
7.2.3 AviaCourses collects Sales Tax only in Wyoming (nexus). AviaCourses does not collect Sales Tax in any other state because AviaCourses is not legally required to collect sales or use tax in any other states.
7.2.4 AviaCourses does not collect Sales Tax if we have User’s exemption certificate on file.
8. User generated content, copyright and other rights to content
8.1 The User is and remains the author of their copyright protected work (the “User Content”). The same applies after the publication of User Content on the Platform.
8.1.1 The user grants AviaCourses for the operating of the Platform and for the display of the User Content the transferable, non-exclusive rights unlimited in respect of time and place to the works published on the Platform. This includes the right to distribute, reproduce, adapt, make available, broadcast and retransmit and to recite, perform and present in public. In particular, they grant AviaCourses the right to make the User Content available on the Platform in any form, and to undertake any adaptations and reproductions that are required for this purpose (storage on the servers of AviaCourses, etc.) and to permit reproductions to other Users. This also includes the right to undertake acts of exploitation within the context of additional functionalities applicable at any given time, such as copying, editing and storing of documents published in the context of apps, news feeds (in varying formats if necessary), other subscription services (push services) or retrieval services (pull services) and the use of User Content in optimized versions of the Platform on mobile devices or of apps. The rights granted are always limited to functions and features of the Platform. The User hereby agrees to a possible assignment of rights.
8.1.2 AviaCourses also reserves the right to open the Platform using an appropriate application programming interface (called API), so that the Platform may be used by or in the context of internet services provided by third parties, which may include granting access to content posted by the User. The User can determine whether the contents shall be accessible by the public. In that regard, the User grants AviaCourses the right to permit the exploitation of rights to third parties to the same extent as they were granted to AviaCourses. This shall not affect AviaCourses’s entitlement to continue to use the rights granted to AviaCourses.
8.1.3 The rights granted to AviaCourses according to the provisions above do not allow it to exploit the Users Content independently of the Platform. Any reproduction or use of the contributions and their content in other electronic or printed publications beyond AviaCourses’s service without the prior written consent of the User is not permitted. If Users delete their data, the grant of rights to AviaCourses ends as well and the granted rights shall revert to the user.
8.2 AviaCourses provides discussion forums on the Platform where the User can discuss the courses provided, ask questions and provide and discuss proposals as texts, images, links, etc. Content published in discussion forums are publicly accessible. Every User can delete, at any time, content they provided.
8.2.1 The Platform thrives on User generated information which are linked in various ways and in some cases build upon one another (especially in discussions and comments of individual courses). The granting of rights pursuant to the entire sec. 8.1 is therefore irrevocable and continues even after the termination of the user contract in order to enable the continuing operation of the Platform. This applies as well if an exploitation right was assigned to a third party by AviaCourses. Content uploaded onto the Platform by the User for public access may remain publically available, even after termination of the User contract by the User (see sec. 6.4 for deletion of data). However, this does not apply for the User profile, which will be deleted in any case after termination of the user contract (see sec. 6.4).
8.2.2 Without prejudice to secs. 8.2 and 8.2.1 AviaCourses reserves the right to delete certain contents without giving any reasons. The User is not entitled that certain content remains on the Platform.
8.3 Any content provided by AviaCourses or a third party may be protected by copyright or other intellectual property (e.g., logos of universities or organizations). The User is granted only a non-exclusive, non-transferrable right for the non-commercial use of the content in context of the work for the course on the Plattform only. Any further use of legally protected content (e.g., transfer to third parties) is only permitted after prior written consent by the respective rights owner.
9. Rules for the use of the AviaCourses Platform and for posting content
By providing the Platform AviaCourses provides the technical conditions for an open exchange of experiences and opinions of the Users without any influence by AviaCourses. Only to the extent that it is obligated by law or by authorities, AviaCourses will examine specific content, remove it and take appropriate measures, if necessary. Therefore, it is of outmost importance that Users respect the rights of third parties and generally commit to a respectful interaction and mutual consideration of each other’s interest. This includes, in the areas for the exchange of views and discussions, tolerance and the openness towards different-minded people and the readiness for constructive conflict resolution when needed. In particular, the user commits to observe the following rules on the Plattform:
9.1 Stalking, which is defined by as deliberate and repeated (persistent) tracking or harassment of other Users, is prohibited when using the Platform. Once another User states that they do not or no longer want to be contacted this wish must be respected. Also, mobbing in any form is prohibited on the Platform. No user may harass other Users or third parties, torture or hurt them emotionally. AviaCourses reserves in particular the right to immediately terminate the user contract (see sec. 6.3) as well as to inform respective law enforcement authorities after gaining knowledge of stalking or mobbing cases.
9.2 AviaCourses is a Platform solely designed for the personal use by Users and for the exchange among Users. Therefore, any commercial use of the Platform is permitted only with explicit authorization by AviaCourses. This particularly concerns the offering of goods or services of any kind against payment or an invitation to make a respective offer, and the performance, application and promotion of structural distribution measures (such as multi-level marketing or multi-level network marketing) or the display of premium rate phone numbers or premium SMS numbers in the context of the Platform. This prohibition also applies to relationships between Users, provided that the communication takes place using the services of the Platform as well as for the advertisement of goods or services against payment offered by third parties.
9.3 The User shall only make true and non-misleading statements in their profile and their communication with other Users. When setting a profile picture, they must ensure that the public display of these photos is permitted and does not contain references to logos, trademarks or other proprietary information on businesses and the display of the photo does not violate any applicable laws or rights of third parties. This applies in particular to personal rights and the right to one’s own image.
9.4 The User shall ensure that the reproduction and communication to the public of content submitted by them including text, images, graphics, videos, etc. on the Platform is permitted. In particular, they have to ensure that by uploading contents onto the Platform, they do not violate any copyright and ancillary copyright protected positions of third parties (e.g., by uploading plagiarisms of academic papers, pirated movies or software, etc.), no personal rights, rights to one’s own image, no trademark rights held by third parties (brands, company names, titles, etc.).
9.5 The User is obliged to adhere to any applicable laws when using the content and services of AviaCourses. In particular, it is prohibited to upload content of unconstitutional organizations as well as the proliferation of unconstitutional, particularly racist, ideas, the dissemination of pornographic material, to upload content that is libelous, slanderous or otherwise defamatory or violates statutory regulations (e.g., criminal law, youth protection law, privacy law, copyright law or trademark law).
9.6 Any improper use of the Plattform is prohibited. Without limitation, the following acts in particular constitute improper use:
if data on the Platform is altered, deleted, suppressed or rendered unusable without authorization;
by using mechanisms, software or scripts in connection with the use of the Platform which are likely to affect the operation of the Platform;
by any blocking, overwriting, modifying and copying of content, unless it is necessary for the proper use of the Platform’s services (copying by means of robot / crawler search engine technology is for example not necessary for the proper use of the Platform’s services and is therefore prohibited);
by distributional and publicly communicating content on the Platform’s website or content of other Users if the User has no explicit distribution right;
by every action that is likely to affect the functionality of the Platform’s infrastructure, especially by crush loading it;
by introducing malicious codes such as viruses, worms, Trojan horses and related scripts or programs,
by simultaneously sending chain letters and the sending of identical private messages to multiple users unknown to the User;
in case of any insinuating or sexual communication (explicit or implicit).
9.7 Before setting links, the linked content must be checked for rights violations. Linking to illegal sites, especially with an extremist, inciting or offensive content is prohibited. AviaCourses expressly disassociates itself from the linked content and assume no liability for it. Solely the operator of such site is responsible for the content of these websites.
9.8 The Platform allows to interact with other Users, invite them to specific groups or to point other Users to particularly interesting content. If the Platform provides a message feature this feature may be used exclusively for sending messages to people known to the User and to those where he may assume that they do not feel disturbed by the receipt of the message.
9.9 Every User shall pay attention to behave appropriately towards other Users and to not make any defamatory or vexatious statements while exchanging views and opinions in discussion forums.
9.10 If a User or a third party gains knowledge of content which is unlawful or inappropriate according to the foregoing provisions, AviaCourses requests to report the violation via the contact form or e-mail. AviaCourses will examine the content immediately upon receipt of such notice.
10. Deleting content, violations of the terms of use
10.1 AviaCourses reserves the right to delete content which does not comply with these Terms of Use, to prevent or reverse illegal actions, and to warn or to lock accounts of Users who violate these Terms of Use either indefinitely or for a limited period of time to make them adhere to these terms of use. Warnings or the locking of accounts will be communicated to the User via e-mail. AviaCourses also reserves the right to terminate the user contract immediately, if in individual cases the continuation of the user contract is unacceptable (see sec. 6.3).
10.2 Users that were banned for violating the Terms of Use may be permitted to use the Platform again, if it is assured that they will refrain from abusive behavior in the future.
10.3 The above provisions also apply in the case that AviaCourses has reasonable grounds to suspect a systematic undermining of internal security measures (e.g., e-mail abuse, the inclusion of harmful components such as viruses, worms, Trojan horses).
11. Indemnification
11.1 User shall defend, indemnify, and hold harmless AviaCourses from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from User’s breach of these Terms and Conditions, any of User’s Content, or User’s other access, contribution to, use or misuse of the AviaCourses Service or Website. AviaCourses shall provide notice to User of any such claim, suit or demand. AviaCourses reserves the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, User agrees to cooperate with any reasonable requests assisting Company’s defense of such matter.
11.2 If rights of third parties are violated by the User’s contents the User has to provide AviaCourses at AviaCourses’s own discretion and at the User’s expense with the right of use, if the User is the owner, or limit the content so that no third party rights are being violated.
12. Disclaimer of Warranties
12.1 To the maximum extent permitted by applicable law, AviaCourses excludes all representations, warranties and conditions relating to AviaCourses Website & Service and the use of this Website and Service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
– limit or exclude AviaCourses’ or User’s liability for death or personal injury resulting from negligence;
– limit or exclude AviaCourses’ or User’s liability for fraud or fraudulent misrepresentation;
– limit any of AviaCourses’ or User’s liabilities in any way that is not permitted under applicable law; or
– exclude any of AviaCourses’ or User’s liabilities that may not be excluded under applicable law.
12.2The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3To the extent that the Website and the information and services on the Website are provided free of charge, AviaCourses will not be liable for any loss or damage of any nature.
12.4The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by AviaCourses or by third-party providers, or because of other causes beyond AviaCourses’ reasonable control. However, the Service, including the Website and Content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, and AviaCourses expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
13.1 Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall AviaCourses be liable to User or third party for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data; or
(b) any direct damages, costs, losses or liabilities.
14. Modification of Services of the Platform
14.1 AviaCourses reserves the right to add, modify or remove any or all of the services of the Platform at any time, in particular with regard to the courses, or change the hours of operation of the Platform.
14.2 AviaCourses shall notify the Users of any changes to the services of the Platform made pursuant to sec. 13.1, including the details of the changes made to the services and the effective date of such changes. However, AviaCourses shall not be required to provide any such notification where advance notice is impossible or time-critical changes are required due to circumstances outside Company’s control.
14.3 AviaCourses shall have no liability to Users in respect of any losses arising as a result of any changes to the services of the Platform.
15. Change of Contracting Party
AviaCourses may transfer or assign the user contract to another party. The other party will, in this event, take over the rights and obligations that arise under the User agreement towards the User and become the new contracting party of the User. AviaCourses will inform the User about such a transfer of contract in due time. The User may terminate the user contract within two weeks upon receipt of this information in writing to the above mentioned address or via e-mail to support@aviacourses.com.
16. Contract Language, Storage of User Contract
16.1 AviaCourses focuses primarily on English-speaking Users. The communication between the Users and AviaCourses is therefore entirely in English. The Terms of Use and consumer information are also available in English.
16.2 AviaCourses sends the User these Terms of Use as part of a confirmation e-mail in text form, in connection with the conclusion of the contract. AviaCourses does not store or display on its website any other separate contract about the user relationship. The contents of the agreement concluded with AviaCourses therefore is identical with these Terms of Use which can also be accessed on the website under AviaCourses.com/terms/.
17. Amendments to terms of use
17.1 AviaCourses may amend these Terms of Use at any time provided that any such amendments are not in violation of any applicable legislation. When AviaCourses amends these Terms of Use, it shall send to the Users the amended terms along with details of the amendments together with the effective date and reasons for the amendments via e-mail at least 30 days prior to the effective date of the amendments. The User shall be deemed to have consented to the amendments unless they expressly reject them within 30 days after receipt of the e-mail. The rejection must be in text form. In the e-mail AviaCourses will inform the Users separately about their right to reject the amendments, the respective time period during which rejection must be made and the consequences of failing to act. In the event that the user rejects the amendments, AviaCourses expressly reserves its right to immediately terminate these Terms of Use and the service towards the User.
17.2 If in the future a fee will be charged for the provision of individual services, the User and AviaCourses will enter into separate agreements which will require the explicit consent of the Users.
17.3 AviaCourses shall not be responsible for any damage caused to, or loss suffered by, users due to their failure to notice an amendment to the terms of use provided that AviaCourses has performed all of its obligations under this sec. 16 in relation to such amendments.
18. Miscellaneous
18.1 If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
18.2 Both parties agree that these Terms and any Additional Terms as applicable, are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
18.3 No agency, partnership, joint venture, or employment is created as a result of these Terms and User does not have any authority of any kind to bind AviaCourses in any respect whatsoever.
18.4 In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
19. Final Provisions
19.1 If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace any invalid provision with a valid provision which is in its economically desired sense and purpose as close to the invalid provision as possible. This also applies to contractual loopholes.
19.2 The contractual relationship with Users, these Terms and Conditions, and their interpretation shall be governed solely by the laws of Wyoming, US. Unless otherwise elected by Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction and venue of the courts located in Cheyenne, Wyoming.