Terms
& Conditions
The following Terms of Use are a legal agreement between you and Luarnol LLC, a company based in Sheridan, Wyoming, USA (collectively, “the Company”, “we”, “us” or “our”). These Terms and Conditions govern your use of the website www.luarnol.com (hereinafter: the “Site”) and the app “Flight Plan Maker (FPL Maker™)” (hereinafter: the “App”) and the services we offer (hereinafter: the “Services”).
Agreement to Terms
By
accessing or using the Site and/or the App, the Services or the Content
provided on or through the Site or the App, you agree to follow and be bound by
the following terms and conditions concerning your access to and use of the
Site, the App and the Content provided on or through the Site or the App
(“Terms of Use”) and our Privacy Policy. By clicking the “I Agree” button when
first using the app or using the Site, the App and/or the Services, you
acknowledge that you have read and understood Terms of Use and agree to be
bound by them and to comply with all applicable laws and regulations. If you do
not agree with these terms and conditions, you should not use the Site, the App
and/or benefit from the Services.
Please refer to our
Privacy Policy (https://www.luarnol.com/fplmaker/privacy.html) for
information on how we collect, use and disclose information from our users. You
acknowledge and agree that your use of the Services is subject to our Privacy
Policy.
Change of Terms of Service and Privacy Policy
The Company may revise
the Terms of Use and Privacy Policy at any time. The revised Terms of Use and
Privacy Policy will be effective upon publication in this web. You can review
the most current Terms of Use at https://www.luarnol.com/fplmaker/terms.html
and Privacy Policy at https://www.luarnol.com/fplmaker/privacy.html.
You remain responsible to regularly check these Terms of Use in order to be
informed of any changes. Your continued use of the Site or the App after any
such changes or after having explicitly accepted the new Terms of Use upon
using the Site and/or starting the App and/or using the Services shall
constitute your consent to such changes.
Use of
software
Software provided or
available on or through the Site or the App are protected by intellectual
property rights and are the sole property of the Company. Your use of software
provided or available on or through the Site or the App may be used subject to
the following: (a) the software may be used solely for your personal purposes;
(b) the software may not be modified or altered in any way except for software
made available under open source licenses which may only be modified in strict
accordance with the terms of such licenses; and (c) the software may not be
redistributed in any way except for software made available under open source
licenses which may only be redistributed in strict accordance with the terms of
such licenses.
Use of
Materials
Materials provided or
available on or through the Site or the App are protected by intellectual
property rights, including copyrights, and are the sole property of the
Company. You may download, store, display on your computer, smartphone or
electronic device, view, display and print Materials the Company makes
available on or through the Site or the App subject to the following: (a) the
Materials may be used solely for your personal purposes; (b) the Materials may
not be modified or altered in any way except for Material made available under
open or creative commons licenses which may only be modified in strict
accordance with the terms of such licenses; and (c) the Materials may not be
redistributed in any way except for Content which is made available under open
or creative commons licenses which may only be redistributed in strict
accordance with the terms of such licenses.
Reservation of Rights
The Site, App, software,
the Services and Content provided on or accessible through the Site or the App
are the intellectual property and copyrighted works of the Company or, as the
case may be, the third party provider. The Company reserves all rights, title
and interest with regard to the Site, the App, the software, the Services and
the Content provided on or accessible through the Site or the App. The Site,
the App, the software, the Services and the Content are provided on an “As Is”
and “As Available” basis, and the Company reserves the right to terminate the
permissions granted to you in above and your use of the Site, App, software or
Content at any time.
No Unlawful
or Prohibited Use
You agree not to use the
Site, the App, the Services or the Content provided on or through the Site or
the App for any purpose which is unlawful or prohibited by these Terms of Use,
any applicable laws and regulations or the rules, guidelines or terms and
conditions posted on a specific area of the Site and/or the App.
Indemnification
You agree to indemnify
and hold harmless the Company, its officers, directors, employees and agents
from and against any and all claims, liabilities, damages, losses or expenses,
including reasonable attorneys’ fees and costs, due to or arising out of your
violation of the Terms of Use, the Privacy Policy, or any applicable law or
regulation or any additional rules, guidelines or terms of use posted on a
specific area of the Site and/or the App, or your violation or infringement of
any Company intellectual property rights and/or third party rights.
Monitoring
The Company has no
obligation to monitor the Site, the App or screen Content that is made
available on or through the Site or the App. However, the Company reserves the
right to review the Site, the App and the Content and to monitor all use of and
activity on the Site, as well as to remove or choose not to make available on
or through the Site or the App any Content if it deems appropriate, at its sole
discretion.
Termination
of Use
The Company may, in its
sole discretion, at any time, discontinue providing or limit access to the
Site, the App, the Services, any areas of the Site or the App or Content
provided on or through the Site and/or the App. The Company will terminate or
limit your access to or use of the Site and/or the App if you are considered to
be an infringer of third party copyrights. You understand and agree that the
Company shall not be liable to you or any third party for any termination or
limitation of your access to or use of the Site, the App, the Services or any
Content.
Third Party
Websites, Content, Products and Services
The Site provides links
to websites and access to Content, products, and services of third parties,
including affiliates and sponsors of the Site or the App. The Company is not
responsible for third party Content provided on or through the Site and/or the
App and you bear all risks associated with the access and use of such websites
and third party Content, products and services.
Disclaimer
THE USE OF THE APP AND/OR THE SITE IS STRICTLY INTENDED FOR PLANNING AND SIMULATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A REPLACEMENT FOR A PAPER FILLED FLIGHT PLAN OR AN APPROVED NAVIGATION DEVICE. PLEASE NOTE THAT LOCATION DATA PROVIDED IN THE MAPS MAY NOT ALWAYS BE ACCURATE. COMPASS DIRECTION AND BAROMETRIC PRESSURE INFORMATION ARE DERIVED FROM PHONE SENSORS AND MAY NOT BE 100% RELIABLE. AIRPORT LOCATIONS, ROUTES, ESTIMATED TIMES, AND DISTANCES MAY VARY FROM REALITY. IMPORTANTLY, OBSTACLES SUCH AS MOUNTAINS, LAKES, RIVERS, OCEANS, AND OTHER OBJECTS ARE NOT DISPLAYED, MAKING THIS APP UNSUITABLE FOR REAL FLIGHTS. WE EMPHASIZE THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY AND COMPREHENSIVENESS OF THE INFORMATION PROVIDED. THE EMBEDDED DATABASE IS PROVIDED FOR INFORMATIONAL PURPOSES AND MAY NOT BE COMPLETE OR ERROR-FREE. WHEN PREPARING AND PERFORMING A FLIGHT, ALWAYS RELY ON OFFICIAL AIRPORT DOCUMENTATION AND CERTIFIED NAVIGATION DEVICES TO ENSURE SAFETY.
UNLESS EXPRESSLY PROVIDED OTHERWISE, PLEASE BE AWARE THAT THE SITE, THE APP, AND THE SERVICES, INCLUDING ALL CONTENT AVAILABLE THROUGH THEM, ARE OFFERED "AS IS" AND "AS AVAILABLE." THE COMPANY CLEARLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT CONCERNING THE SITE, THE APP, THE SERVICES, AND ALL CONTENT MADE AVAILABLE THROUGH THEM. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS ADMINISTRATORS BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE APP, THE SITE, THE SERVICES, OR THE CONTENT.
THE COMPANY MAKES NO WARRANTIES THAT: (A) THE SITE, THE APP, THE SERVICES, OR CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THEY WILL OPERATE WITHOUT INTERRUPTION, BE PUNCTUAL, SECURE, OR ERROR-FREE; (C) RESULTS OBTAINED FROM THE USE OF THE SITE, THE APP, OR ANY CONTENT PROVIDED THROUGH THEM WILL BE ACCURATE OR COMPLETE; OR (D) THE QUALITY, COMPLETENESS, OR RELIABILITY OF SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR THE APP WILL MEET YOUR EXPECTATIONS.
PLEASE ACKNOWLEDGE THAT YOUR USE OF THE SITE, THE APP, THE SERVICES, AND THE CONTENT MADE AVAILABLE THROUGH THEM FOR FLIGHT PLANNING AND SIMULATION IS AT YOUR SOLE DISCRETION AND RISK. CONTENT ACCESSED, DOWNLOADED, OR OBTAINED THROUGH THE SITE AND/OR THE APP IS DONE SO AT YOUR OWN RISK. THE COMPANY DOES NOT PROVIDE ANY WARRANTY REGARDING THE OPERATION OF THE SITE OR THE APP DURING YOUR FLIGHT, NOR CAN WE GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF SERVICES, INCLUDING WEATHER, METAR DATA, MAPS, GRAPHICS, COMPASS INDICATIONS, PRESSURE INDICATIONS, HEADING, OR FLIGHT PLANNING INFORMATION. AS SUCH, YOU SHOULD NOT DEPEND SOLELY ON THE SITE, THE APP, THE SERVICES, OR THE CONTENT FOR GUIDANCE OR INFORMATION DURING YOUR FLIGHT. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMARTPHONE, OR ELECTRONIC DEVICE, OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF THE SITE, THE APP, THE SERVICES, OR THE CONTENT.
THE COMPANY SHALL NOT ASSUME ANY RESPONSIBILITY FOR DAMAGE TO YOUR AIRCRAFT, HELICOPTER, OR OTHER FLYING VEHICLE, FLIGHT OPERATING SYSTEMS, UNMANNED AERIAL VEHICLES, OR ANY MACHINERY, VEHICLES, OR DEVICES ASSOCIATED WITH YOUR AIRCRAFT, HELICOPTER, OR OTHER FLYING VEHICLE, FLIGHT OPERATING SYSTEMS, UNMANNED AERIAL VEHICLES, OR ANY MACHINERY, VEHICLES, OR DEVICES CONNECTED TO OR LINKED TO THE SITE, THE APP, OR THE CONTENT. LIKEWISE, THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO THIRD-PARTY PROPERTY OR TRESPASSING INCIDENTS ARISING FROM THE DOWNLOAD OR USE OF THE SITE, THE APP, THE SERVICES, OR THE CONTENT. THE COMPANY ASSUMES NO LIABILITY IF YOU BECOME DISORIENTED WHILE USING THE SITE, THE APP, THE SERVICES, OR THE CONTENT.
THE COMPANY RETAINS THE RIGHT TO IMPLEMENT CHANGES OR UPDATES TO THE SITE, THE APP, AND THE CONTENT OFFERED ON OR THROUGH THE SITE AND/OR THE APP WITHOUT PRIOR NOTICE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, THE APP, THE SERVICES, OR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND/OR THE APP. THIS LIMITATION OF LIABILITY ALSO EXTENDS TO CASES OF DEATH OR INJURY RESULTING FROM THE CRASH OF AN AIRCRAFT, HELICOPTER, OR OTHER FLYING VEHICLE, FLIGHT OPERATING SYSTEMS, UNMANNED AERIAL VEHICLES, OR ANY MACHINERY, VEHICLES, OR DEVICES USING THE SITE OR THE APP, UNLESS IT CAN BE DEMONSTRATED THAT SUCH DEATH OR INJURY DIRECTLY RESULTS FROM AN INTENTIONAL ACT OR GROSS NEGLIGENCE ON THE PART OF THE COMPANY. PLEASE NOTE THAT THE EXCLUSION OF WARRANTIES REGARDING THE CONTENT ACCESSIBLE ON OR THROUGH THE SITE OR THE APP SHALL REMAIN FULLY APPLICABLE UNDER ANY CIRCUMSTANCES.
Exclusions and Limitations
PLEASE BE ADVISED THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT SUCH EXCLUSIONS OR LIMITATIONS ARE DEEMED LEGALLY INVALID, THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE SHALL NOT APPLY, AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
Privacy Policy
The Company is deeply committed to safeguarding your privacy. To address your privacy concerns, we have developed a comprehensive Privacy Policy. Please take the time to review our Privacy Policy for more information. All personal information collected on this Site will be handled in strict accordance with our Privacy Policy. By using our services, you acknowledge and agree to the terms outlined in our Privacy Policy, which forms an integral part of your agreement with us.
Note About Minors
Minors are expressly prohibited from using the Site and the App. Minors may not register on the Site or the App or submit any information to us. If you are considered a minor in your jurisdiction, you may only use the Site or the App with the active involvement and consent of a parent or legal guardian. It is the responsibility of parents and guardians to monitor and supervise minors' use of the Site and the App to ensure compliance with this policy. The Company disclaims any liability for unauthorized use by minors and expects parents and guardians to exercise appropriate supervision.
Applicable Laws and Jurisdiction
All matters relating to your access to, and use of, the Site, Services, and Content provided on or through the Site shall be governed by the substantive laws of Wyoming, USA, without regard to principles of conflicts of laws thereof. Any dispute, controversy, or claim between a user and the Company arising out of or related to this policy shall be subject to the exclusive jurisdiction of the ordinary courts located at the seat of the Company, without prejudice to the right to appeal to the Wyoming, USA Court. By using our services, you agree to comply with all applicable laws and regulations and accept the exclusive jurisdiction and venue for any disputes that may arise.
Copyright and Trademark
Copyright © Luarnol LLC, 2022. All rights reserved.
Other names appearing on the App may be trademarks of their respective owners. The Company disclaims any liability related to the use of such trademarks.
Contact Information
If you have any questions regarding these Terms of Use or any other matter, please contact our support team at support@luarnol.com.
Latest update: October 1, 2023