TERMS & USER AGREEMENT
This User Agreement is effective as of Monday, April 1st, 2019.
The DivergentAero.com website and services (collectively the “Site”) are owned and operated by Divergent Aerospace, Ltd. (“Divergent”, “we”, “us”, “our”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. The Site is an Aviation Education Website which includes but is not limited to offering content (for purchase) to persons who seek FAA Pilot Certification. Additionally, the website offers Textbooks, Online Courseware, Study Aids, Training Material, and other products not specifically stated here.
Visiting the Site, sending emails, or submitting support tickets to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
ACCEPTED PAYMENT METHODS
Divergent Aerospace only accepts electronic payments (Credit Cards and/or Debit Cards). We reserve the right to refuse any payment, at any time, for any reason. Moreover, we do not accept cash, money orders, or personal checks of any kind, due to the risk associated with such methods of payment.
YOUR LEARNER PROFILE
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Divergent is not responsible for third-party access to your account that results from theft or misappropriation of your account. Divergent and its associates reserve the right to refuse or cancel service, terminate accounts, remove or edit content (including content that has been submitted by the user) at our sole discretion. Furthermore, you agree to remain respectful and professional at all times while interacting with personnel associated with Divergent, this includes, but is not limited to, the interactions with persons over the telephone, and other electronic means like Chat, Email, and Support Tickets. If at any time you become abusive or engage in crude or lewd behavior towards a representative of Divergent, we reserve the right to terminate your customer account, block you from our website, and cease all dealings with you. If you are blocked due to improper behavior, you will not receive a refund of any kind after services have been rendered. DIVERGENT DOES NOT KNOWINGLY COLLECT, EITHER ONLINE OR OFFLINE, PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN.
CONTENT REPRODUCED FROM WITHIN PUBLIC DOMAIN
The Complete CFI Binder Series of products, Kneeboard Reference Guide, Online Courseware, and other products which are licensed by Divergent include data derived from various FAA Publications. FAA Publications are within the public domain. Each lesson plan within our works cite where the source material within the content was derived. We believe that proper education begins with using proper source material, which is why we have utilized many FAA resources to help build our educational content.
COPYRIGHT © 2014-2019 DIVERGENT AEROSPACE, LTD. ALL RIGHTS RESERVED.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content appearing on our Site or within our products infringes the copyright or other intellectual property rights of others (“Infringement”). Select graphics, which have been reproduced within our products have been reproduced with permission from the original copyright holder(s). If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, you must submit your notice in writing to the attention of “Copyright Infringement” mailed to the address listed below. You must include in your notice a detailed description of the alleged Infringement, along with supporting evidence. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content has infringed your copyright. Please promptly mail all copyright inquiries to our corporate headquarters address listed below:
Divergent Aerospace, Ltd.
ATTN: Copyright Infringement
600 Seventeenth Street
Suite 2800 South (28th Floor)
Denver, Colorado 80202-5428
- E-BOOK PURCHASE: The e-books which are sold by Divergent are the Intellectual Property (IP) of Divergent Aerospace, Ltd. and are subject to the Terms and the license provided below. Because said products are delivered to you in electronic format, once downloaded, they cannot be returned to us. We do not offer refunds of any kind on e-book purchases. The moment that you initiate the download process on our server, you are taking Final Delivery of the product. We do not offer refunds on downloadable electronic content because we have no way to monitor who is using our Intellectual Property after it is downloaded from our server. Therefore, all sales on e-book products are final, and no refunds of any kind, under any circumstances, will be provided.
- COURSEWARE PURCHASE: Divergent guarantees customer satisfaction with our Online Courseware. We offer a 14-Day Money-Back Guarantee on Non-Bundled À La Carte Courseware sold on our website. The 14-Day Money-Back Guarantee is only offered on À La Carte Courseware. We do NOT offer a Money-Back Guarantee on Bundled Courseware. Bundled Courseware is Courseware that is part of a ground training program. It’s easy to distinguish between À La Carte Courseware and Bundled Courseware. À La Carte Courseware is priced under $75 USD and covers one single topic. Bundled Courseware will be priced above $75 USD and will cover many different topics.
TAKING DELIVERY OF PRODUCTS
After payment approval, you will be redirected to your “Learner Profile.” You will find all download links located under the “Downloads Tab” on said page of our website. Clicking or tapping on said download links will initiate the product download connection between our server and your device. UPON SUCCESSFULLY DOWNLOADING YOUR PURCHASE, YOU ARE TAKING FINAL DELIVERY OF THE PRODUCT. PRODUCT SUPPORT PROVIDED BY DIVERGENT WILL TERMINATE IMMEDIATELY AFTER THE SUCCESSFUL DOWNLOAD OF SAID PRODUCT ON YOUR DEVICE. WE DO NOT PROVIDE ANY SUPPORT PAST THIS POINT, OUR CUSTOMER IS RESPONSIBLE FOR ENSURING THAT OUR PRODUCTS CAN BE INSTALLED ON THEIR DEVICES, CAN BE SUCCESSFULLY PRINTED ON THEIR PRINTING EQUIPMENT, AND CAN BE OPENED BY THEIR TYPE OF DEVICE.
You are permitted to download your content up to five (5) times, after exceeding said limit, you will no longer be authorized to download additional copies of the product. If you require additional downloads, please contact us, and special provisions will be made to authorize your account for additional downloads. EACH TIME A PRODUCT UPDATE IS RELEASED, YOUR DOWNLOAD LIMIT IS RESET TO ZERO AND YOU ARE AUTOMATICALLY GRANTED FIVE (5) NEW DOWNLOADS TO OBTAIN THE UPDATE. Divergent will work with you in the event of a technical problem, which may have prevented you from downloading your content. Downloads are intentionally limited to prevent abuse of and to maintain the integrity and security of our products.
THE COMPLETE CFI BINDER SERIES USER LICENSE
The Complete CFI Binder Series requires a user license. The Complete CFI Binder Series of Products remains the property of Divergent. YOU DO NOT OWN THE COPY OF THE COMPLETE CFI, CFII, OR MEI BINDER THAT YOU HAVE DOWNLOADED FROM OUR WEBSITE. You have simply paid for “the right to use” said product (a user license which is valid for a one-year period). At the time of purchase, a customer is enrolled in a reoccurring subscription with is directly attached to the product purchased (CFI Binder). This subscription serves as the user license and determines the period of time a customer has "the right to use" our material. Upon subscription cancellation, the customer loses all rights to use our product. Said user license is granted to one person (the name of the customer whose account the product was downloaded from). This license data will be imprinted at the bottom of all pages within The Complete CFI Binder Series, at the time of download. YOU DO NOT PHYSICALLY OWN THE COPY OF THE COMPLETE CFI BINDER SERIES THAT YOU HAVE DOWNLOADED FROM DIVERGENT. YOU ARE SIMPLY BEING GRANTED “PERMISSION” AND THE “RIGHT” TO USE SAID PRODUCT. THE USER LICENSE
CUSTOMERS WHO CANCEL THEIR SUBSCRIPTION (AFTER THE FIRST-YEAR PERIOD) WILL LOSE ACCESS TO PUBLICATION UPDATES, PRODUCT DOWNLOAD PERMISSIONS, AND THE ABILITY TO USE THE DOWNLOADED COPY OF THE COMPLETE CFI BINDER SERIES.
Continued enrollment in a product subscription is required to possess a user license for the right to possess and use our intellectual property (THE COMPLETE CFI BINDER SERIES). All customers who initially purchase a download license for The Complete CFI Binder Series are provided with a one-year, free trial period. This one-year period begins from the original date of purchase. THIS IS A PERPETUAL SUBSCRIPTION WHICH WILL CHARGE THE CREDIT CARD PROVIDED ON YOUR CUSTOMER ACCOUNT ON AN ANNUAL BASIS. BILLING WILL ONLY STOP WHEN A CANCELATION ACTION IS INITIATED BY YOU, OUR CUSTOMER.
A CANCELATION ACTION CAN BE EXECUTED BY YOU, OUR CUSTOMER, AT ANY TIME BY GOING TO YOUR LEARNER PROFILE AT HTTPS://WWW.DIVERGENTAERO.COM/LEARNER-PROFILE/ THEN CLICKING ON THE SUBSCRIPTIONS TAB, AND SUBSEQUENTLY INITIATING CANCELLATION OF SAID SUBSCRIPTION. CUSTOMERS WHO DO NOT CANCEL THEIR SUBSCRIPTION PRIOR TO THE RENEWAL DATE (ONE YEAR FROM THE ORIGINAL DATE OF PURCHASE) WILL BE BILLED THE CURRENT GOING RATE FOR RENEWAL AS LISTED ON THE SITE, FOR AN ADDITIONAL YEAR TO RETAIN THEIR USER LICENSE, RECEIVE PRODUCT UPDATES, AND DOWNLOAD PERMISSIONS. NO REFUNDS WILL BE PROVIDED TO CUSTOMERS WHO HAVE FAILED TO CANCEL THIS SERVICE, FOLLOWING THE 1-YEAR TRIAL PERIOD.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Divergent may share such information and data with any third party with whom Divergent has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Divergent or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Divergent content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Divergent and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Divergent or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large, with a group, or privately with Divergent Customer Service (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Divergent has no obligation to monitor the Communication Services. However, Divergent reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Divergent reserves the right to terminate your access to any and all Communication Services at any time without notice for any reason whatsoever Divergent reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Divergent’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Divergent does not control or endorse the content, messages or information found in any Communication Service and, therefore, Divergent specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Divergent spokespersons, and their views do not necessarily reflect those of Divergent. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO DIVERGENTAERO.COM OR POSTED ON ANY DIVERGENT WEB PAGE
Divergent does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Divergent Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Divergent, our affiliated companies and our necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Divergent is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Divergent’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THIRD PARTY ACCOUNTS
You will be able to connect your Divergent account to third party accounts. By connecting your Divergent account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by Divergent from our corporate office in Denver, Colorado, United States of America. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Divergent Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.
You agree to indemnify, defend and hold harmless Divergent, it’s officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, services, products, or any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Divergent reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Divergent in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators’ award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
CLASS ACTION WAIVER
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIVERGENT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS PROVIDED BY DIVERGENT, ABSOLUTELY WILL NOT REPLACE THE PREREQUISITE AND NECESSITY FOR ACTUAL FLIGHT AND GROUND TRAINING PROVIDED BY AN APPROPRIATELY RATED FAA FLIGHT INSTRUCTOR. THE PRODUCTS PROVIDED ON OUR WEBSITE SHALL ONLY BE USED TO SUPPLEMENT FLIGHT AND GROUND EDUCATION.
DIVERGENT AEROSPACE, LTD. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DIVERGENT AEROSPACE, LTD. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Divergent reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Divergent as a result of this agreement or use of the Site. Divergent’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Divergent’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Divergent with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Divergent with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Divergent with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Divergent reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Divergent encourages you to periodically review the Terms to stay informed of our updates. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY STOP USING OUR PRODUCTS AND OUR WEBSITE.
YOU MUST AGREE TO THESE TERMS
Divergent Aerospace, Ltd.
600 Seventeenth Street
Suite 2800 South (28th Floor)
Denver, Colorado 80202-5428