Introduction

Welcome to pcxaero.com. This website is owned and operated by PCX Aerosystems and its subsidiaries and affiliates (collectively, “PCX Aerosystems”). Access, distribution and/or use of this website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. These terms and conditions govern your use of this website. BY CHOOSING TO ACCESS AND USE THIS WEBSITE, YOU EXPRESSLY ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM IN FULL. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. PCX Aerosystems may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Nothing in these terms and conditions is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and PCX Aerosystems with regard to matters other than your use of this website.

License to Use Website

Unless otherwise stated, PCX Aerosystems and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal, informational and noncommercial use, subject to the restrictions set out below and elsewhere in these terms and conditions. PCX Aerosystems reserves all rights not expressly granted in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without PCX Aerosystems’ express written consent.

LINKS

Unless expressly stated otherwise by PCX Aerosystems, PCX Aerosystems does not necessarily control sites that may be linked to or from this website. PCX Aerosystems cannot monitor or otherwise evaluate such sites, and PCX Aerosystems is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site’s terms and conditions of access and use, as well as the site’s privacy policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK.

All links to this website or any of its pages require the prior express written consent of PCX Aerosystems.

NO WARRANTIES

THIS WEBSITE, ALL MATERIAL AND INFORMATION CONTAINED ON THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ALL LINKS OR OTHER ITEMS RELATED THERETO), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS WEBSITE AND LINKS, ARE PROVIDED, TRANSMITTED AND DISTRIBUTED “AS IS.” PCX AEROSTRUCTURES, ITS PREDECESSORS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND REPRESENTATIVES SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, QUALITY, MERCHANTABILITY OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OR USE.

Any information contained within this website is subject to amendment, revision or updating. PCX Aerosystems reserves the right to suspend or withdraw access to the pages of this website without notice at any time and accepts no responsibility for these pages not being available at all times.

Without prejudice to the generality of the foregoing, PCX Aerosystems does not warrant that:

• this website will be constantly available, or available at all;
• this website will be available for use or work as described;
• the information on this website is complete, true, accurate or non-misleading;
• this website will be free from technical errors or unauthorized, injurious intrusions or items, such as hacking, viruses, and other harmful components.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

LIMITATIONS OF LIABILITY

PCX AEROSYSTEMS, ITS PREDECESSORS, OWNERS MANAGERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND REPRESENTATIVES SHALL NOT BE LIABLE WHATSOEVER (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) FOR ANY ALLEGED DAMAGE, INJURY OR LOSS, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, LOSS OR CORRUPTION OF INFORMATION OR DATA, OR BUSINESS INTERRUPTION), ARISING OUT OF OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS OR INFORMATION CONTAINED ON THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ALL LINKS OR OTHER ITEMS RELATED THERETO) OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PCX AEROSYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL DAMAGES OR LOSS.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, PCX Aerosystems’ liability is limited to the greatest extent allowable under applicable law.

PCX Aerosystems is not responsible for any damages or loss related to your reliance on any outdated version of these terms and conditions.

Exceptions

Nothing in the disclaimer of warranties and limitation of liability set out in these terms and conditions will (i) exclude or limit any warranty implied by law that it would be unlawful to exclude or limit or (ii) exclude or limit PCX Aerosystems’ liability in respect of any:

• death or personal injury caused by PCX Aerosystems’ negligence;
• fraud or fraudulent misrepresentation on the part of PCX Aerosystems; or
• matter which it would be illegal or unlawful for PCX Aerosystems to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the disclaimer of warranties and limitations of liability set out in these terms and conditions are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability company, PCX Aerosystems has an interest in limiting the personal liability of its members, managers, directors, officers and/or employees. You agree that you will not bring any claim personally against any of PCX Aerosystems’ members, managers, directors, officers and/or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the disclaimer of warranties and limitation of liability set out in these terms and conditions will protect and apply to PCX Aerosystems’ predecessors, successors, assigns, affiliates, owners, managers, directors, officers, personnel, licensors, agents, contractors, subcontractors and representatives as well as PCX Aerosystems.

Indemnity

You hereby agree to indemnify, defend and hold harmless PCX Aerosystems and its predecessors, successors, assigns, affiliates, owners, managers, directors, officers, personnel, licensors, agents, contractors, subcontractors and representatives from any and all claims and causes of actions, losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by such persons or entities to a third party in settlement of a claim or dispute) arising from or related to any breach by you of any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to PCX Aerosystems other rights under these terms and conditions, if you breach these terms and conditions in any way, PCX Aerosystems may take such action as PCX Aerosystems deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Copyright Infringement Policy

PCX Aerosystems values intellectual property and respects the intellectual property rights of others, and will remove materials on its website that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, § 512, you may notify PCX Aerosystems’ Designated Agent in writing as follows:

Name of Designated Agent: Trevor Hartman

Address: PCX Aerosystems

300 Fenn Road

Newington, CT 06111

Telephone number: 860-594-4388

Electronic Mail Address: trevor.hartman@pcxaero.com

In your notice, you must include the following: (i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner; (ii) identification of the copyrighted work(s) that is (are) allegedly being infringed; (iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials; (iv) contact information (i.e., name, address, email address) sufficient to enable PCX Aerosystems to contact you; (v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Privacy Terms

Your use of this website may be monitored by PCX Aerosystems and used for PCX Aerosystems’ internal business purposes, without liability.

When you visit this website, PCX Aerosystems’ web server or system may automatically recognize and store information, including, for example, identification of the type of Internet browser used, the type of operating system your computer has, the name of the Internet service used, the user’s “click path,” the advertisement or link used to gain access to this website, and the exit link or path from this website. At times, PCX Aerosystems will share such information with its affiliates or parties that are helping with this website or working with PCX Aerosystems. If you provide personal information, such as a name, address, email address or telephone number, PCX Aerosystems may use that information to communicate with you, or our affiliates or parties working with us may use the information to communicate with you.

PCX Aerosystems may use technology called “cookies”, which are bits of data sent to your browser for the purposes of authenticating, tracking and maintaining information about your use of this website, such as site preferences. PCX Aerosystems collects and uses, and may from time-to-time supply third parties with, this information as anonymous, collected or aggregated user data for the purposes of analysis, quality control and improvements to this website. Most Internet browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning that a cookie is stored. Please note, however, that if you block cookies, some portions of this website may not function properly. Your computer user’s manual or help screen may contain more information on how to eliminate or control the use or storage of cookies.

Assignment

PCX Aerosystems may assign, transfer, sub-contract or otherwise deal with PCX Aerosystems rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Use Outside of the United States

This website is administered by PCX Aerosystems from its offices and servers located within the United States. PCX Aerosystems makes no representation that materials contained on this website are appropriate or available for use at other locations outside of the United States and access to them from countries or territories, where such access or use of the website or website contents are illegal, is strictly prohibited by PCX Aerosystems. You may not use the website or export the materials in violation of United States export laws and regulations. If you access this website from a location outside of the United States, or otherwise cause or facilitate access of the materials from a location outside of the United States, you are responsible for full and strict compliance with all United States export laws and regulations and all local laws.

Unenforceable Provisions; Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and PCX Aerosystems in relation to your use of this website, and supersede all previous agreements (whether written or oral) in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Connecticut of the United States of America, without regard to its conflict of law provisions, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Connecticut and the federal courts situated therein in connection with any action arising from or in connection with these terms and conditions.

Notwithstanding anything to the contrary set forth in these terms and conditions, PCX Aerosystems may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the State of Connecticut or in any other court having jurisdiction, in the event that PCX Aerosystems believes that you have violated or threatened to violate any of PCX Aerosystems’ intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.