Our terms may be updated. You may check this page for any future changes and updates. Embraer Executive Jets shall have the right, from time to time, to add or remove any terms or conditions of this GTU. Any revision to this GTU shall be communicated accordingly, User agrees to periodically check the revisions made, to read them before using the App. and accepts that any subsequent use of this App. after changes are posted means that User agrees to be legally bound by this GTU as updated and or amended.
We want to make your experience as smooth as we can. In addition to technical, transactional, and logistical details, the App assists you through your journey with Embraer, defining where you are, what is expecting from you and what Embraer is providing you.
The App. helps you manage your transactions with Embraer Executive Jets. Some information about you and the company you represent is necessary, particularly:
Your Full Contact Name
Your E-mail/user and password used to access the App.
Other info may include Passport information, Pilot License details, medical certificate, or any similar document. We need this information for internal procedures and to comply with applicable laws and compliance process. These documents will be archived in Embraer's secure environment and may be used for future visits.
The user agrees that personal data may be processed by Embraer Executive Jets to allow access to the App. Such processing of personal data shall be carried out by Embraer Executive Jets for the sole purpose of performing the contract that the Person has with Embraer Executive Jets. Embraer complies with applicable regulations relating to the processing of personal data. Should the Person have any questions regarding personal data, he/she may contact Embraer ([email protected]).
3.1.
Embraer Executive Jets grants to the user a worldwide, personal, non-exclusive and non-transferable right to access and use this App. and Services pursuant to the terms and conditions of and for the duration of the GTU. The user shall not fully or partially assign, sublicense nor subcontract any of its rights and/or obligations under the GTU, without the express prior written authorization of Embraer Executive Jets. No right other than that provided herein is granted by Embraer Executive Jets to te user under this GTU. User agrees that computer records kept by Embraer Executive Jets or its subcontractors in their information system will be considered as evidence of communication, and if Applicable, the proof of User's acceptance of this GTU in accordance with the provisions hereby.
4.1.
Embraer Executive Jets reserves the right to monitor access to and activity on the App. and the Services, and to access and remove any information transmitted or received through the App.or the Service, or to terminate User's access to and use of the Service for proper reasons, including User's failure to comply with this GTU or the Agreement. User agrees that Embraer Executive Jets shall have the right to use any information resulting from monitoring the App. or the Service in any lawful manner, provided that confidentiality is maintain
4.2.
In order for Embraer Executive Jets to comply with Applicable laws or to comply with Appropriate government requests, or in similar circumstances where Embraer Executive Jets believes in good faith that its business or reputation may be at risk because of activities of any Authorized User, Embraer Executive Jets may access and disclose any information, including, without limitation, User's personal identifying information and any other information it considers necessary or Appropriate without notice to User. Embraer Executive Jets will cooperate with law enforcement authorities in investigating suspected or alleged illegal activity occurring on the App. Embraer Executive Jets reserves the right to report to law enforcement authorities any suspected illegal activity of which it becomes aware.
5.1.
Unless otherwise agreed upon in this GTU and the relevant Agreement, all information made available by User and Embraer Executive Jets to each other through the App. shall qualify as Confidential Information and shall not be disclosed by the receiving party to any third party and shall not be used for any purpose other than those agreed upon by User and Embraer Executive Jets, even for the receiving party's internal needs.
5.2.
User hereby authorizes Embraer Executive Jets to disclose such information within Embraer, provided the Embraer legal entities exchanging such information have entered with each other into a confidentiality agreement.
6.1.
The App. and the Services are provided to User solely for User's own internal use for professional and business purposes and not for any other purpose whatsoever. User agrees not to resell or redistribute use of or access to the App. and/or any App.. functionality.
6.2.
THE APP. MAY CONTAIN STATEMENTS, PUBLICATIONS AND RECOMMENDATIONS POSTED BY EMBRAER EXECUTIVE JETS OR THIRD-PARTIES. NEITHER EMBRAER EXECUTIVE JETS, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY LICENSORS (HEREINAFTER “EMBRAER EXECUTIVE JETS PROTECTED PARTIES”) WILL BE LIABLE OR RESPONSIBLE FOR THE CONTENT OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE APP., INCLUDING THE ACCURACY, INTEGRITY, QUALITY OR RELIABILITY OF ANY COMMUNICATION, ADVICE, OPINION, STATEMENT, RESULTS, MATERIAL, OR FOR ANY ERRORS OR VIOLATIONS OF LAWS OR REGULATIONS RESULTING FROM THEM. USER ACKNOWLEDGES THAT ANY RELIANCE ON ANY SUCH COMMUNICATION, OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT ITS SOLE RISK. THE MATERIALS ON THIS APP. ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND “AS AVAILABLE” AND APPEAR ON THE APP. WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY, CONDITION, TERM OR REPRESENTATION AS TO FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES, CONDITIONS, TERMS AND REPRESENTATIONS ARE SPECIFICALLY EXCLUDED. THERE IS NO WARRANTY, CONDITION, TERM OR REPRESENTATION AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE APP., AND NO WARRANTY, CONDITION, TERM OR REPRESENTATION THAT THE FUNCTIONS CONTAINED ON THE APP.. WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL ALWAYS BE CORRECTED.
6.3.
User is responsible for providing its own computer hardware, software, high-band Internet access and telephone services. Embraer Executive Jets shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to User's or any other person's computer, as a result of User's use of this App.
7.1.
IN NO EVENT SHALL EMBRAER EXECUTIVE JETS PROTECTED PARTIES, OR CONTENT PROVIDERS, ON THIS APP. BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY LOSS OF DATA OR PROGRAM, PROFITS, INCOME, GOODWILL, CONTRACTS, USE, USE OF MONEY, ANY DETERIORATION OR INFECTION BY VIRUSES OR BY MALICIOUS CODES OF USER'S INFORMATION TECHNOLOGY EQUIPMENT (INCLUDING WITHOUT LIMITATION SOFTWARE, HARDWARE, CONNECTIONS AND/OR ANY SYSTEMS OR NETWORK) OR ANY OTHER LOSS, FINANCIAL OR NOT, OR DAMAGE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH, THE USE OF, ACCESS TO COMPUTER INTRUSION, SECURITY FAILURE, OR THE INABILITY TO USE THIS APP. AND THIS APP. FUNCTIONALITIES OR THE INFORMATION CONTAINED HEREIN, EVEN IF EMBRAER EXECUTIVE JETS (OR ANY THIRD PARTY POSTING INFORMATION ON THIS APP.) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHERWISE. IN NO EVENT SHALL EMBRAER EXECUTIVE JETS OR ANY OTHER THIRD PARTY PROVIDING INFORMATION ON THIS APP. BE LIABLE TO USER FOR ANY DAMAGE OR FOR ANY CAUSE OF ACTION RESULTING FROM USER'S USE OF THIS APP.
7.2.
By using the App. at its own risk, User agrees to indemnify Embraer Executive Jets and the Embraer Executive Jets Protected Parties for any and all claims, damages, losses, liabilities and causes of action (including legal expenses) arising out of or relating to User's breach or alleged breach of this GTU (including without limitation, claims made by third parties for violation of their rights), or for any information or data that is provided by User, or through a misuse of its User I.D. and/or password. Embraer Executive Jets will inform User promptly, by registered letter or e-mail, of such claim, damage, or cause of action and User agrees to cooperate as fully as reasonably required in the defense of any claim. Embraer Executive Jets reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
Embraer Executive Jets shall have no contractual or non-contractual liability for consequential, exemplary, or incidental damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) even if Embraer Executive Jets has been advised of the possibility of such damages.
In case of errors with the App., omissions, delays, and losses, including inadvertent loss or damage to the media, you are responsible for taking steps to reasonably minimize the impact of such problems, and you are encouraged to report any errors in the App. to Embraer Executive Jets as soon as possible.
In no event shall Embraer Executive Jets or any other third-party providing information on the site be liable to you for any damage or any cause of action resulting from your use of this App.
8.1.
User agrees that it will not modify, copy, distribute, transmit, display, extract, reproduce, represent, adapt, publish, sell, sublicense, lease, or create derivative works of any Intellectual Property. All right, title and interest in the selection, coordination, arrangement and enhancement of the Intellectual Property are specifically reserved to Embraer Executive Jets and its licensors. User shall not, whether directly or indirectly, claim any ownership to or infringe any Intellectual Property rights on the App.; nor use any of the Intellectual Property in the App., except as expressly authorized by a written agreement between Embraer Executive Jets and the User.
9.1.
User represents, warrants and covenants that the utilization of the App. By the User, directly or indirectly, will not: (a) be false, inaccurate or misleading; (b) be fraudulent, involve the sale or disposition of stolen items, involve the sale or disposition of items irregularly removed from any aircraft or involve the sale of items with false or incorrect service tags, serial numbers or other documentation; (c) infringe any third party 's rights, including but not limited to copyright, author's rights, patent, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (d) be obscene, indecent or contain pornography; (e) be defamatory, libelous, threatening or harassing; and/or (f) contain any viruses, time bombs, Trojan horses, worms or other computer programming routines that may damage or interfere with the access to or operations of the App. or any computer systems whatsoever.
9.2.
User, User Administrator and Authorized Users may not, without Embraer Executive Jets's prior written consent: (i) reproduce, copy, or translate any information related to the App. and/or to the Services, or otherwise use the App. and/or the Services in any other manner not specifically authorized by this GTU; (ii) alter, modify or adapt the App. and/or the Services or the information contained on it, including but not limited to de-compiling, disassembling, distributing, re-publishing, reverse engineering or creating derivative works; (iii) make the App. and/or the Services available for use by loan, rental, sub-license, services bureau, external time sharing or similar arrangement or otherwise; or (iv) use the App. and/or the Services
10.1.
User acknowledges and agrees that any suggestions or comments that the User submits to Embraer Executive Jets through, and related to, the App. shall become the exclusive property of Embraer Executive Jets. As a result, any rights User may have on comments, ideas, notes, messages, suggestions or other communications sent to the App., including the right of reproduction, public performance and adaptation, shall be assigned exclusively to Embraer Executive Jets, for any type of exploitation, for the entire world and for the duration of said rights, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to the User.
11.1.
User acknowledges and agrees that the App. may contain advertising and/or links that will let User have access to other webApps. Advertising and links are provided for User's convenience only and User may access them at User's own risk. Any other web App. accessed from the App. is independent from Embraer Executive Jets, and User acknowledges and agrees that Embraer Executive Jets has no control over the content of that other web App. User further acknowledges and agrees that a link to any other web App. does not imply that Embraer Executive Jets endorses or accepts any responsibility for the content or use of such other web App. In no event shall any reference to any third party or third party product or service be construed as an App.roval or endorsement by Embraer Executive Jets of that third party or of any product or service provided by a third party.
12.1.
Embraer Executive Jets reserves the right and shall be entitled, at any time and for any reason, and without notification, without prejudice to its other rights, and without prior notice, to restrict or suspend, modify, disable access to, or discontinue, temporarily or permanently, access to all or part of the App. or the Services, or to any or all of Authorized User(s) or User Administrator(s) without liability, including, without limitation, in order to proceed with any maintenance of the App. and/or updating and/or upgrading of the App., addressing technical problems, for security reasons, in order to comply with any regulatory constraints and/or court injunction or decision.
12.2.
In addition, Embraer Executive Jets has the right to suspend, change, add, remove or discontinue any Service at any time and for any reason; Embraer Executive Jets will make reasonable efforts to post notice on the App. in advance of changes or unavailability of the App. Furthermore, access to the App. may be unavailable at any time due to problems unrelated to any act or omission of Embraer Executive Jets, including, but not limited to, Internet-related or telecommunication problems.
13.1.
Embraer Executive Jets may suspend and/or terminate automatically, in whole or in part, User's access to and use of the App. with or without notice, in the event of any breach of this GTU and/or any term of the Agreement. Furthermore, since the damages may be insufficient to protect and compensate Embraer Executive Jets in the event of any breach of this GTU and/or any term of the Agreement, the User agrees that Embraer Executive Jets shall be entitled to obtain, in addition, from any competent court and to the extent permitted by Applicable law, preliminary injunctive relief and other equitable and legal remedies against in connection with the enforcement of this GTU.
14.1.
If the terms and conditions of the Agreement conflict with the terms and conditions of this GTU, the Agreement will prevail over this GTU.
15.1.
Any failure by Embraer Executive Jets to enforce any of its rights under this GTU, the Agreement or Applicable laws shall not constitute a waiver of such rights. If any provision of this GTU and/or the Agreement shall be deemed unlawful or unenforceable by a court of competent jurisdiction, then that unenforceability shall not affect the validity and enforceability of any remaining provisions hereunder and therefrom. User may not assign this GTU and/or the Agreement, or any of User's rights or obligations hereunder and/or therefrom, without Embraer Executive Jets's prior written consent.
16.1.
User shall take all precautions and observe all procedures necessary to protect the security of the App., including, but not limited to, limiting physical and electronic access to the App. The User understands and agrees that use of the Internet is not necessarily secure or predictable. Embraer Executive Jets is not responsible for any interception or interruption of User's communications through the Internet.
17.1.
The GTU shall be governed by the laws of the State of New York, including all matters of construction, validity and performance, without giving effect to principles of conflicts of laws other than section 5-1401 of the New York General Obligations law. Any dispute arising out of or in connection with this GTU or any Agreement entered into by Embraer Executive Jets and User shall be decided exclusively by final and binding arbitration under the rules of arbitration of the American Arbitration Association (“Rules”) by one arbitrator Appointed by mutual agreement of Embraer Executive Jets and User or, failing such agreement, by three arbitrators Appointed in accordance with the Rules.
If you have read, understood, and agree to the above terms and conditions, please sign in and welcome to you Hangar!
Last update: 03.21.2024.