User Agreement

Effective Date: February 1st, 2017

Thank you for your interest in Turbine Options 🙂

Definitions of Terms
1. Turbine Options – Refers to Turbine Options LLC
2. T.O. and Stakeholders – Refers to Turbine Options LLC and those entities and people that have a role which primarily serves its interest including but not limited to officers, directors, agents, entities that have common ownership with Turbine Options LLC, employees, representatives, and owners.
3. External Providers – Refers to all entities and people external to Turbine Options LLC including but not limited to contractors, providers, vendors, brokers, third parties, suppliers, advisors, affiliates, licensors/licensees, assignors/assignees, and partners.
4. We – Refers to Turbine Options LLC
5. Us – Refers to Turbine Options LLC
6. Our – Refers to Turbine Options LLC
7. Turbine Options Sites – Our websites/online applications, services, products, and related communications/interactions including those that are directly or indirectly connected therein with External Providers and/or T.O. and Stakeholders.
8. You – Refers to you as a user of “Turbine Options Sites” defined above and anyone with an interest in your estate
9. Your – Refers to you as a user of “Turbine Options Sites” defined above and anyone with an interest in your estate
General Provisions
1. By using the Turbine Options Sites, you accept the terms of this User Agreement. This is a legally binding agreement between you and Turbine Options; please read it carefully. When using the Turbine Options Sites, you may be subject to other posted terms and guidelines applicable to certain services available on or through the Turbine Options Sites. All terms and guidelines on the Turbine Options Sites, including our Privacy Statement, are part of this User Agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features, services, content, goods, and referrals available at any time on or in connection with the Turbine Options Sites are subject to this User Agreement. Accessing the Turbine Options Sites in any manner, even through automated means, constitutes your use of the Turbine Options Sites and your agreement to be bound by this User Agreement. Turbine Options may change the terms of this User Agreement from time to time and will revise the effective date when it does so. Your continued use of the Turbine Options Sites after the posted effective date constitutes your agreement to be bound by this User Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. Turbine Options may change, restrict access to, suspend, or discontinue the Turbine Options Sites, its services, or any portion thereof.
2. The material that appears on the Turbine Options Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the Turbine Options Sites may, from time to time, contain errors. The Turbine Options Sites includes materials and information collected from and provided by External Providers that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the Turbine Options Sites, and you should not rely on it without independent verification.
3. We invite you to bring to our attention any materials or information on the Turbine Options Sites that you believe to be inaccurate. Please fill out our contact us form to submit a report of the inaccuracies.
Buying and Selling Engines
1. The Turbine Options Sites is, among other things, an engine listing and information service that brings together buyers and sellers. An engine transaction will typically happen in one of two ways depending on the seller of the engine as defined in email notifications or as stated otherwise.
  1. Direct sale – The seller of the engine will communicate with the buyer directly and Turbine Options will not be a party in the transaction. All information, communication, price and other terms of any sale remain subject to direct negotiation between buyer and seller
    1. Compensation – Turbine Options may receive compensation, called a Finders Fee, from the seller subject to our agreement with them in consideration for our marketing efforts that directly or indirectly assisted with bringing together buyer and seller to transact with each other.
  2. Brokered – Occasionally, we will broker engines between buyer and seller for a fee. This service subject and contingent upon acceptance of our Engine Brokerage Agreement which is supplied at the time of engagement and is subject to all provisions in this agreement except when noted otherwise.
    1. Compensation – Turbine Options may receive compensation for brokering the engine subject to the Engine Brokerage Agreement
2. Though we hope that all who interact with or within Turbine Options Sites will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the engines they offer. Nor can we assure the seller of an engine that the payment he or she receives from the buyer is legitimate. When using the Turbine Options Sites to find a buyer for your engine or an engine to purchase, we urge you to use the same common sense and good judgment you would use in selling an engine through, or responding to, an engine for sale listed anywhere else. There is no substitute for healthy skepticism and your own good judgment.
3. Buying an engine
  1. The prices given by sellers on the Turbine Options Sites usually exclude sales tax, finance charges, title, license, regulatory, dealer documentary, Inspections, testing, escrow, duties, shipping, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular engine. Before purchasing an engine or any other good or service you came into connection with directly or indirectly through interactions with the Turbine Options Sites, it is your sole responsibility to confirm with the seller any information, including the price that is important to your purchasing decision. Turbine Options is not responsible for, and does not guarantee the performance of, any such engines, goods or services listed or researched on the Turbine Options Sites.
  2. Subject to applicable provisions in this agreement, T.O. and Stakeholders are not connected to or liable for any warranties and related claims because they are strictly between buyer and seller.
4. Listing Your engine
  1. In order for you to offer an engine for direct sale (not brokered through us), you must agree to our Terms of Direct Sale. Among other things, the Terms of Direct Sale agreement requires that you be prepared to sell your engine at the price at which, and on the terms on which, you have listed it. You must be fully authorized to sell any engine you list and have unencumbered ability to transfer title.
  2. Responsibility for the information contained in each listing lies with each seller only. Nothing will undermine a user’s confidence in the engine you are looking to sell faster than inaccurate statements or misleading representations about the engine. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of the Turbine Options Sites fairly and honorably.
  3. By listing an engine for sale on the Turbine Options Sites, you agree to use the email addresses of those responding to your listing to communicate with them only about the potential sale of that engine.
Engine Management
1. Turbine Options may choose to manage an engine repair, overhaul, or inspection event through an External Provider for a fee on behalf of a client to minimize their cost. This service subject and contingent upon acceptance of our Engine Management Agreement which is supplied at the time of engagement and is subject to all provisions in this agreement except when noted otherwise.
External Providers
1. For your convenience, we may make available a variety of links to other websites and names of External Providers where you can obtain aviation-related products and services.
2. If you choose to purchase an inspection through a External Providers for an engine that you are interested in buying, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of an engine, an inspection is not a guarantee that the inspected engine is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted. You are responsible for coordinating and arranging the inspection. You release T.O. and Stakeholders from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of any products and services provided by External Providers.
3. Although we may make available links to the websites or names of of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, External Providers found on, through or in connection with the Turbine Options Sites, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on the Turbine Options Sites.
4. External Providers may compensate Turbine Options in the form of a Finders Fee, subject to our agreement with them for our marketing efforts and other consideration that directly or indirectly assisted with bringing together buyer and seller to form a transaction. We are not a party in such a transaction and you agree to not to hold us or T.O. Stakeholders liable or responsible in accordance all applicable provisions in this agreement.
Ownership and Permissions
1. The Turbine Options Sites is provided to our end users for their personal, non-commercial use only. The materials on the Turbine Options Sites are the property of Turbine Options or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this User Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the Turbine Options Sites. You may display and occasionally print a single copy of any page of the Turbine Options Sites for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Turbine Options Sites without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the Turbine Options Sites, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the Turbine Options Sites should be sent via our Contact Us form.
2. You are free to establish a hypertext link to the Turbine Options Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by Turbine Options or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the Turbine Options Sites, nor incorporate into another website or service any intellectual property of Turbine Options or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this User Agreement should be sent via our Contact Us form.
3. Turbine Options and the Turbine Options logo are all trademarks owned by us or our licensors. The names of other products and services referred to on the Turbine Options Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Turbine Options Sites without the prior written consent of the owner of the mark.
4. You acknowledge that by providing any material on or through the Turbine Options Sites, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the Turbine Options Sites. Among other uses of user materials, the Turbine Options Sites uses listings data to derive useful information (such as engine valuation information) for display, sale and distribution.
Confidentiality
1. You agree to treat as confidential all confidential information of the other party, not to use such confidential information for any purpose other than to the limited extent necessary to perform under this Agreement and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, each of the parties shall use at least the same degree of care which it uses to prevent the disclosure of its own confidential information of like importance to prevent the disclosure of confidential information disclosed to it by the other party, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
2. You agree to hold T.O. Stakeholders harmless against any claim arising from the other party breaching or violating this section.
3. Any information provided by Turbine Options, especially those related to pricing and discounts shall be treated strictly confidential and any violation is subject to monetary damage.
Termination
1. You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the Turbine Options Sites to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this User Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Turbine Options Sites, (d) technical or security issues, (e) fraudulent or illegal activities, and (f) as a result of an unfavorable experience between you and another party. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Turbine Options Sites or any part of the Turbine Options Sites.
Dispute Resolution, Agreement to use Arbitration, and Class Action Waiver
1. YOU AND TURBINE OPTIONS AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE User AGREEMENT, THE TURBINE OPTIONS SITES, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
2. CLASS ACTION WAIVER: YOU AND TURBINE OPTIONS AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor Turbine Options may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or Turbine Options. To be clear, you and Turbine Options both waive any right to participate in any class action involving disputes between us.
3. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 9 of the User Agreement will remain in full force and effect.
4. ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and Turbine Options agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the User Agreement (including the limitations of liability set forth in this agreement), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with Turbine Options. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
5. ARBITRATION PROCEDURES: You and Turbine Options agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. You will pay all filing fees and costs associated with commencing an arbitration, and you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. If you bring an arbitration against Turbine Options, the location of any arbitration shall be determined according to the provisions outlined under Governing Law section of this agreement.
Jury Trial Waiver
1. You and Turbine Options expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 8 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
1. IF YOU RELY ON THE TURBINE OPTIONS SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE TURBINE OPTIONS SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INCOMPLETENESS, INTERRUPTIONS, INACCURACIES, AND/OR ANY AND ALL OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, COMMUNICATIONS, AND SERVICES PUBLISHED ON, THROUGH, OR IN CONNECTION WITH THE TURBINE OPTIONS SITES. THE TURBINE OPTIONS SITES ARE PROVIDED TO YOU “AS IS.”. T.O. STAKEHOLDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE TURBINE OPTIONS SITES. FURTHER, T.O. STAKEHOLDERS DO NOT GUARANTEE THAT THE TURBINE OPTIONS SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TT.O. STAKEHOLDERS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT ON THE TURBINE OPTIONS SITES.
2. ANY COMPENSATION TO TURBINE OPTIONS SHALL NOT BE INTERPRETED AS CONSIDERATION FOR ADVICE, RECOMMENDATIONS, REFERRALS, SOLUTIONS OR ANY OTHER SIMILAR BENEFIT. OUR COMPENSATION IS SOLELY RELATING TO THE BENEFIT OF PROVIDING OPTIONS, RESOURCES, AND OR DISCOUNTS FOR THE PURPOSE OF IMPROVING THE EASE OF WHICH BUYERS FIND THE SOLUTION THAT THEY WANT AND CHOOSE THROUGH THEIR OWN DILIGENCE. SINCE TURBINE OPTIONS DOES NOT PROVIDE ADVICE OR ANY RELATED BENEFIT, NOR PROVIDE ANY GUARANTEES OF ACCURACY, OR WARRANTIES, THE BUYER AND SELLER ACKNOWLEDGE THAT THEY MUST NOT RELY ON ANY INFORMATION OR CONTENT IN ASSOCIATION WITH TURBINE OPTIONS AND DO THEIR OWN INDEPENDENT RESEARCH AND DILIGENCE SEPARATE FROM TURBINE OPTIONS AND SHALL NOT INTERPRET OUR COMPENSATION FOR OR IN RELATION TO ANY PART OF THAT PROCESS.
3. UNDER NO CIRCUMSTANCES WILL T.O. STAKEHOLDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE TURBINE OPTIONS SITES OR ANY PRODUCT OR SERVICE LINKED TO, REFERRED TO, OR FROM, OR ADVERTISED, OR PROMOTED ON THE TURBINE OPTIONS SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF TURBINE OPTIONS AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE TURBINE OPTIONS SITES WILL NOT EXCEED THE AMOUNT, IF ANY, FOR THE USE OF THE TURBINE OPTIONS SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN ANY CONNECTION WITH THE TURBINE OPTIONS SITES.
4. YOU WILL DEFEND, INDEMNIFY AND HOLD T.O. STAKEHOLDERS HARMLESS FROM ANY COSTS, DAMAGES, EXPENSES, ATTORNEY FEES, COURT COSTS, AND LIABILITY ARISING OUT OF, RELATING TO, BUT NOT LIMITED TO ANY OF THE FOLLOWING: (A) FRAUD, WILLFUL MISCONDUCT, NEGLIGENCE, OR GROSS NEGLIGENCE OR (B) BREACH OR ALLEGED BREACH OF THIS AGREEMENT; (C) ANY CLAIM FOR ANY TAX OBLIGATIONS (INCLUDING ANY PENALTIES, INTEREST OR OTHER ADDITIONS RELATING TO TAX) ARISING IN CONNECTION WITH USE OF TURBINE OPTIONS SITES; (D) TO THE EXTENT APPLICABLE, ANY CLAIM BY ANY LOCAL, STATE OR FEDERAL GOVERNMENTAL ENTITY FOR ANY UNCLAIMED PROPERTY REGARDING SERVICES, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS FOR PENALTIES AND INTEREST; (E) ANY CLAIMS RELATED TO THE GOODS AND/OR SERVICES PROVIDED TO YOU IN CONNECTION WITH US INCLUDING BUT NOT LIMITED TO THOSE INVOLVING FALSE ADVERTISING, INJURIES, ILLNESSES, DAMAGES, OR DEATH; (F) YOUR USE OF TURBINE OPTIONS SITES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; (G) ANY REPRESENTATIONS OF THE AFOREMENTIONED PARTIES OF THIS SECTION; (H) WARRANTIES RELATED TO GOODS, SERVICES, TANGIBLE OR INTANGIBLE CONTENT OR DELIVERABLES PROVIDED IN CONNECTION WITH THE AFOREMENTIONED PARTIES OF THIS SECTION
Registration
1. To obtain access to certain services from the Turbine Options Sites (for instance, to manage your private seller listing on the Turbine Options Sites), you may be required to register on the Turbine Options Sites. As part of the registration process, you will be required to select a username and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Turbine Options Sites through any username/password assigned to you. You will notify Turbine Options’ via Contact Us form of any suspected misconduct or inaccuracies.
2. Turbine Options reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.
Notice of Copyright Infringement
1. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Turbine Options Sites, please notify us Contact Us form. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Turbine Options Sites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
Survival and Severability
1. All sections and provisions will survive any termination of this User Agreement between you and Turbine Options and will also bind to any party with an interest in your estate.
2. All sections and provisions are severable and will remain in full force and effect independently of the relation to, applicability, or lawfulness of another section.
Governing Law
1. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Indiana, as such laws are applied to agreements entered into and to be performed entirely within Indiana between Indiana residents. Accordingly, all disputes must be brought locally to Indiana and shall be within 50 miles of 8500 E 116th St Fishers, IN 46038, or to the closest location where this isn’t possible.

END OF USER AGREEMENT