Terms of Use

You are responsible for maintaining the confidentiality of any password or account credentials used in connection with this Website. Please see our Privacy Policy for terms applicable to our data collection and use practices.

We reserve the right to modify these Terms and our Privacy Policy at any time by posting updated versions on this Website. Changes take effect immediately upon posting unless otherwise stated. We will not provide individualized notice of changes. We encourage you to review these Terms periodically. Your continued use of this Website after changes are posted constitutes your acceptance of those changes.

We reserve the right, in our sole discretion, to modify, suspend, or discontinue this Website or any portion of it at any time, and to refuse service, terminate accounts, or cancel orders if we believe that user conduct violates applicable law or is harmful to Firecrown, its businesses, or its users, customers, affiliates, licensors, or licensees.

This Website and all content, software, data, source code, images, graphics, text, and other materials displayed on or used to provide this Website, together with all intellectual property rights therein, are owned by Firecrown or our owners, affiliates, licensors, or licensees, and are protected under applicable U.S. and international laws, including copyright, trademark, patent, and trade secret law. We grant you a limited, nonexclusive, non-transferable, revocable right and license to access and use the content of this Website solely for your personal, non-commercial purposes and as necessary to use services available through this Website.

Except as expressly authorized by these Terms, you may not:

• Modify, distribute, reproduce, display, create derivative works from, or otherwise use this Website or any element thereof;

• Frame, overlay, or employ other techniques to enclose or display this Website’s content within any other website or application;

• Use meta tags or hidden text incorporating Firecrown’s name or trademarks without express written consent;

• Decompile, reverse engineer, or attempt to discover any source code or proprietary technology underlying this Website; or

• Copy, use, or infringe upon any trademark, service mark, or other proprietary notice displayed on this Website.

PROHIBITION ON AUTOMATED AND MANUAL DATA COLLECTION: You are expressly prohibited from using any automated means, including but not limited to spiders, robots, crawlers, scrapers, deep-links, data-mining tools, data-gathering tools, extraction tools, or similar technology or any manual process, to monitor, copy, download, or otherwise access any data or content from this Website for any purpose whatsoever. A limited exception applies only to general-purpose internet search engines and non-commercial public archives that use such tools solely to display hyperlinks to this Website, operating from a stable IP address with an identifiable agent and in compliance with our policies. This exception does not apply to any website, service, or entity that specializes in classified listings or provides classified advertising services of any kind.

All rights not expressly granted herein are reserved to Firecrown. You acquire no ownership rights by accessing or downloading any content from this Website.

By using this Website, you agree that you will not use any information concerning other users of this Website, or any information relating to items listed or searched for on this Website, including but not limited to listing information, seller names, email addresses, telephone numbers, aircraft details, or any other data obtained from this Website, for any purpose not expressly permitted by these Terms. Prohibited uses include, without limitation:

• Soliciting users of this Website to use a competing service or platform;

• Sending unsolicited commercial communications (“spam”) to any user;

• Building or augmenting any contact list, marketing database, or competitive intelligence database from data obtained on this Website;

• Contacting sellers or buyers identified through this Website for purposes other than a genuine interest in the listed aircraft; or

• Sharing user data with third parties for marketing or commercial purposes without the user’s explicit consent.

Use of this Website for spamming or any unsolicited commercial solicitation is strictly prohibited.

To access certain features of this Website, including posting listings, you must register and create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, complete, and current registration information;

• Promptly notify us of any unauthorized use of your account or any security breach;

• Not share your account credentials with any third party; and

• Accept sole responsibility for all activity conducted through your account.

To purchase services through this Website or to list an aircraft for sale, you must be at least eighteen (18) years of age. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

If you post a listing on this Website, you represent and warrant that:

• You are the legal owner of the aircraft listed, or are authorized by the legal owner to list it for sale;

• All information in your listing, including aircraft make, model, year, serial number, registration (N-number), total time, engine time, avionics, equipment, condition, and asking price, is accurate, complete, and not misleading;

• All photographs and other media included in your listing are of the actual aircraft being listed, accurately depict the aircraft as currently configured, and are owned by you or licensed on terms sufficient to grant Firecrown the rights described in Section 8 (User Content);

• The aircraft’s FAA registration is current and in good standing as of the date of listing, or you have disclosed any lapse or discrepancy in the listing;

• The aircraft is not subject to any undisclosed liens, encumbrances, or security interests that would prevent transfer of clear title;

• You will promptly update or remove your listing if the aircraft is sold, taken off the market, or if any material information changes; and

• Your listing and the transaction it facilitates comply with all applicable federal, state, and local laws, including FAA regulations.

We reserve the right to remove any listing that, in our sole discretion, contains inaccurate, misleading, or prohibited content, or that violates these Terms.

6.1 No Airworthiness Representation

FIRECROWN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE AIRWORTHINESS, CONDITION, SAFETY, TITLE, FAA REGISTRATION STATUS, MAINTENANCE HISTORY, OR SUITABILITY FOR ANY PURPOSE OF ANY AIRCRAFT LISTED ON THIS WEBSITE. ALL AIRCRAFT LISTINGS ARE PROVIDED BY THIRD-PARTY SELLERS. WE DO NOT INSPECT, VERIFY, OR CERTIFY ANY AIRCRAFT OR ANY INFORMATION CONTAINED IN ANY LISTING.

6.2 Buyer’s Responsibility

Any prospective buyer is solely responsible for conducting their own due diligence prior to entering into any transaction. This includes, without limitation:

• Engaging a qualified aviation mechanic or inspection service to perform a thorough pre-purchase inspection, including a logbook review;

• Verifying the aircraft’s FAA registration and airworthiness certificate status through official FAA records;

• Confirming that no liens, encumbrances, or security interests encumber the aircraft;

• Reviewing all maintenance logs, service records, and aircraft history; and

• Consulting with legal, tax, and financial advisors as appropriate.

FIRECROWN IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, PERSONAL INJURY, OR LIABILITY ARISING FROM OR RELATED TO THE CONDITION, AIRWORTHINESS, TITLE, OR OPERATION OF ANY AIRCRAFT LISTED ON THIS WEBSITE.

6.3 No Transaction Role

Firecrown is a marketplace operator and advertising platform only. We do not sell aircraft directly, act as a broker or dealer, participate in or guarantee any transaction, collect or process payment, act as an escrow service, transfer title, or warehouse, store, ship, or deliver any aircraft or related property. Any transaction between a buyer and seller is solely between those parties. Firecrown shall have no liability for any disputes, losses, damages, or claims arising from any such transaction.

6.4 Financing

This Website may provide links to third-party financing services (including affiliates of Firecrown) for informational purposes only. Firecrown makes no representation regarding the availability, terms, or suitability of any financing product. Any financing arrangement is solely between you and the financing provider.

6.5 FAA Compliance

It is the sole responsibility of aircraft owners, sellers, and buyers to ensure compliance with all applicable FAA regulations, including those relating to registration, airworthiness certification, maintenance, and transfer of ownership. Firecrown assumes no responsibility for any party’s compliance or non-compliance with FAA requirements.

Content, information, and data available through this Website are provided for informational purposes only. Before acting on any information found on this Website, you should independently verify any facts material to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU INCUR AS A RESULT OF SUCH RELIANCE.

You may have the opportunity to post content, listings, photographs, reviews, comments, and other materials (collectively, “User Content”) on this Website. By submitting User Content, you:

• Grant Firecrown and its owners, affiliates, and licensees a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, translate, prepare derivative works from, publicly display, publicly perform, and distribute such User Content in any media or technology now known or hereafter developed;

• Grant Firecrown the right to use the name associated with your submission;

• Represent and warrant that you own or control all rights necessary to submit the User Content, that the User Content is accurate, and that its use will not violate these Terms or infringe any third-party rights; and

• Acknowledge that other users may access, view, or store your User Content for personal use.

You are solely responsible for all User Content you submit. Firecrown reserves the right to remove or refuse to post any User Content in its sole discretion.

This Website may offer forums, messaging tools, comment sections, or other services through which users may interact (“Communications Services”). When using Communications Services, you agree not to post or transmit any content that:

• Violates or infringes any rights of others;

• Is unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, fraudulent, or otherwise objectionable;

• Encourages conduct constituting a criminal offense or giving rise to civil liability;

• Without our express prior approval, constitutes advertising or solicitation for any products or services; or

• Is directed to or collects personal information from any person under eighteen (18) years of age.

Firecrown reserves the right, but assumes no obligation, to monitor, review, edit, or remove any Communications Services content. We reserve the right to deny access to any user who violates these Terms or interferes with others’ use of the Website.

This Website may contain links to third-party websites for convenience only. Such links do not constitute an endorsement by Firecrown of any third-party site or its content. Firecrown is not responsible for the content, accuracy, or practices of linked sites and disclaims all liability arising from your access to or use of any third-party website. Your use of third-party sites is at your own risk and subject to their respective terms and policies.

We maintain what we believe to be reasonable physical, electronic, and administrative safeguards to protect the security of information collected through this Website. However, no Internet transmission is completely secure, and we cannot guarantee the absolute security of your information. ANY PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU IS GOVERNED BY OUR PRIVACY POLICY, AVAILABLE AT FIRECROWN.COM/PRIVACY-POLICY, THE TERMS OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

Firecrown respects the intellectual property rights of others and has adopted a policy for the removal of infringing content. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please provide written notice to our Copyright Agent containing:

• A physical or electronic signature of the copyright owner or authorized agent;

• Identification of the copyrighted work claimed to have been infringed;

• Identification of the allegedly infringing material and information sufficient for us to locate it;

• Your contact information (address, telephone number, and email address);

• A statement that you have a good-faith belief that the use is unauthorized; and

• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.

Send DMCA notices to: Firecrown Media, Inc., Attn: Legal Department, 405 Cherry Street, Chattanooga, TN 37402, and by email to [email protected];

Counter-Notification. If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our Copyright Agent at the address above. Your counter-notification must include: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which it appeared before removal; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if outside the United States, the judicial district in which Firecrown may be found), and that you will accept service of process from the party who filed the original notice or its agent.

Repeat Infringers. Firecrown will, in appropriate circumstances and in its sole discretion, disable or terminate the accounts of users who are determined to be repeat infringers.

THIS WEBSITE AND ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FIRECROWN AND ITS OWNERS, AFFILIATES, LICENSORS, AND LICENSEES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FIRECROWN DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OR LISTINGS ON THIS WEBSITE ARE ACCURATE, COMPLETE, CURRENT, OR RELIABLE. YOUR USE OF THIS WEBSITE AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT IS ENTIRELY AT YOUR OWN RISK.

IN NO EVENT SHALL FIRECROWN OR ITS OWNERS, AFFILIATES, LICENSORS, OR LICENSEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH IT, OR ANY AIRCRAFT TRANSACTION FACILITATED THROUGH THIS WEBSITE, EVEN IF FIRECROWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE ENTIRE AGGREGATE LIABILITY OF FIRECROWN AND ITS OWNERS, AFFILIATES, LICENSORS, AND LICENSEES ARISING OUT OF OR RELATED TO ANY CLAIM OF ANY KIND (WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER LEGAL THEORY) IN CONNECTION WITH YOUR USE OF THIS WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages; in such jurisdictions, Firecrown’s liability is limited to the greatest extent permitted by applicable law.

Notwithstanding the foregoing, nothing in these Terms excludes or limits Firecrown’s liability for death or personal injury caused by its gross negligence or willful misconduct, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. The limitations set forth in this Section apply only to the fullest extent permitted by applicable law and are intended to be severable; if any limitation is held unenforceable as to any category of damages or claim, it shall remain in full force and effect as to all other categories.

You hereby release, and agree to indemnify, defend, and hold harmless Firecrown and its owners, affiliates, licensors, and licensees from and against any and all claims, costs, demands, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your breach of these Terms or any agreement or guideline incorporated herein;

• Your User Content, including any claim that it infringes any copyright, trademark, trade secret, patent, or other proprietary or personal right;

• Any aircraft listing you post, including any claim relating to the accuracy, condition, title, or airworthiness of the listed aircraft;

• Any dispute between you and any other user, buyer, seller, or third party arising out of or related to a transaction facilitated through this Website; or

• Your violation of any applicable law or regulation.

If you are a California resident, you waive California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

We may disclose information about you to the extent necessary in connection with any investigation of a violation of these Terms, or to identify, contact, or bring legal action against any person causing harm to Firecrown or its users. We reserve the right to terminate your access to this Website without notice if we determine, in our sole discretion, that you have violated these Terms.

You acknowledge that any violation of these Terms will constitute an unlawful and unfair business practice, causing irreparable harm to Firecrown for which monetary damages may be inadequate, and you consent to Firecrown seeking injunctive or equitable relief in addition to any other remedies available at law or in equity.

These Terms and all disputes arising out of or related to your use of this Website shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for the resolution of any dispute arising under or related to these Terms or your use of this Website. You waive any objection to the laying of venue in such courts and any claim that any such court is an inconvenient forum.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS WEBSITE OR THESE TERMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Entire Agreement. These Terms, together with our Privacy Policy and Advertiser Agreement (if applicable), constitute the entire agreement between you and Firecrown regarding your use of this Website and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, that provision shall be enforced to the maximum extent permissible, and all other provisions shall remain in full force and effect.

No Waiver. Failure by Firecrown to enforce any provision of these Terms shall not constitute a waiver of Firecrown’s right to enforce that provision or any other provision in the future.

Electronic Communications. You agree that all notices and communications from Firecrown provided electronically satisfy any requirement that such communications be in writing.

No Agency. No joint venture, partnership, employment, or agency relationship exists between you and Firecrown as a result of these Terms or your use of this Website.

Survival. The provisions of these Terms that by their nature should survive termination or expiration including the disclaimers, limitation of liability, release and indemnification, ownership and license restrictions, and governing law and dispute resolution provisions shall survive any termination of these Terms or your access to this Website.

Lawful Use. You agree to use this Website and all information, products, and services available through it for lawful purposes only. Any conduct that restricts or inhibits any other person from using or enjoying this Website will not be permitted.

Minors. This Website is intended for users who are at least eighteen (18) years of age. You may not post information directed at or collect personal information from any person under the age of eighteen (18).

Force Majeure. Firecrown shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, power or telecommunications failures, or failures of third-party services or infrastructure.

If you have any questions about these Terms, please contact us at:

Firecrown Media, Inc.

Attn: Legal Department

405 Cherry Street, Chattanooga, TN 37402

Email: [email protected]

Website: www.aircraftforsale.com