HangarQueen - Terms of Service

HangarQueen LLC Terms of Service

Last Revision Date: January 06, 2025

Initial Notice and Arbitration Warning: Please read these Terms of Service ("Terms") carefully as they govern your use of HangarQueen's platform for auctioning aircraft. These Terms include an arbitration clause and class action waiver which affect your legal rights. By accessing or using our services, you agree to these Terms.

Platform Description and Disclaimer: HangarQueen LLC provides an online platform where aircraft can be listed for auction by sellers to potential buyers. HangarQueen acts solely as a facilitator, not as a broker, agent, or representative for any party in the transactions. We are not affiliated with or endorsed by any key aviation bodies such as the FAA, EASA, or ICAO. HangarQueen does not own, control, offer, or manage any of the aircraft listed.

Highlights Section Overview:

HangarQueen is not a broker; it does not participate in or facilitate the actual buying or selling of aircraft.
Users are fully responsible for their actions, including all aviation-specific inspections and compliance.
Liability is limited to the fullest extent permitted by law.

1. Application and Acceptance:

Digital Services Definition: HangarQueen's services encompass websites, mobile applications, APIs, and any related services through which users interact ("Services"). This includes any aviation software, applications, and content available through these channels.
Content Definition: Includes, but is not limited to, text, images, videos, flight data, aircraft specifications, and interactive features generated, provided, or otherwise made available by HangarQueen or its users.
Agreement Scope: These Terms apply to all users accessing or using the Services for aircraft auctions, whether registered or not, and to any use of the Services through third-party platforms or applications.
Platform Purpose: The primary purpose is to facilitate a marketplace for aircraft auctions, where users can list, view, bid on, and transact aircraft.

2. Our Role:

Platform Description: HangarQueen provides the technological infrastructure to connect sellers and buyers for aircraft auctions. It hosts listings, facilitates bidding, and provides communication tools tailored for aviation transactions.
Non-Broker Status Disclaimer: HangarQueen does not act as an intermediary in the transactions; it does not negotiate on behalf of users or take possession of aircraft. All transactions occur directly between users.
Service Limitations: HangarQueen is not responsible for the airworthiness, safety, or legality of the aircraft listed, the accuracy of flight hours, maintenance records, or any other aviation-specific data. We do not conduct or are responsible for aviation inspections.
Platform Responsibilities: Limited to providing a platform for listing and bidding, HangarQueen does not ensure the completion of transactions, the transfer of title, or the performance of any party involved in the sale or purchase of aircraft.

3. Privacy Notice:

Information Collection: We collect information you provide directly, which might include aircraft registration details, flight logs, and maintenance history, along with personal data like your name, contact details, and payment information.
Data Usage: Data is used for account management, enhancing user experience in aviation transactions, fraud prevention, and to comply with legal obligations. We may communicate with you about aircraft listings or share information with third parties for service provision or legal reasons.
Privacy Policy Integration: Our Privacy Policy offers further details on how we handle your personal and aviation-related information and is incorporated by reference into these Terms.

4. User Information:

Information Accuracy: You are responsible for ensuring the accuracy, completeness, and currency of all aviation-related data you provide. Incorrect information about aircraft can result in account suspension or termination.
Communication Methods: We may communicate with you via email, push notifications, SMS, or through the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Electronic Notices: By using our Services, you consent to receive electronic communications from us related to aviation auctions, which will have the same legal effect as if they were in writing.

5. Age and Legal Capacity:

Age Restrictions: You must be at least 18 years old to use the Services. If you are below this age, you may use our Services only with the supervision and consent of a parent or guardian, especially when dealing with high-value aviation assets.
Minor Usage Requirements: Parents or guardians are responsible for the activities of their minors on the platform and must ensure compliance with these Terms, especially regarding aviation transactions.
Legal Capacity Requirements: You represent that you have the legal capacity to enter into a binding contract, particularly for aviation-related transactions, and are not barred from using the Services under any applicable law.

6. User Accounts:

Account Responsibility: You are solely responsible for all activities that occur under your account, especially transactions involving aircraft. You must immediately notify us of any unauthorized use of your account or any other security breach.
Credential Security: You must keep your account credentials confidential. HangarQueen will not be liable for any losses caused by any unauthorized use of your account, especially in the context of aircraft bidding or sales.
Company Accounts: If you are using the Services on behalf of a business in the aviation sector, you must have the authority to bind that business to these Terms, and you agree to these Terms on behalf of that business.
Account Security: We may take reasonable steps to verify your identity and protect your account from unauthorized access, but we cannot guarantee absolute security in aviation transactions.

7. Intellectual Property Rights:

Ownership Rights: All intellectual property rights in the Services, including aviation content, software for aviation use, logos, and trademarks, are owned by or licensed to HangarQueen or its affiliates.
Usage Restrictions: You may not modify, publish, transmit, participate in the transfer or sale, reproduce, create derivative works from aviation data, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as expressly authorized in these Terms.
Content Protection: You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any aviation content or enforce limitations on use of the Services.
License Limitations: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal use in the aviation context, subject to these Terms.
Modification Restrictions: You may not modify, adapt, or hack the Services or attempt to gain unauthorized access to the Services or its related systems or networks, especially those containing sensitive aviation data.
Commercial Use Restrictions: Unless explicitly authorized by HangarQueen, you are prohibited from using the Services for any commercial purpose related to aviation, including but not limited to reselling or redistributing aviation content.

8. User Content:

Definition: User Content includes any content you post, upload, submit, publish, or display on or through the Services related to aviation, such as aircraft listings, maintenance logs, comments, photos, or any other materials.
User Responsibilities: You are solely responsible for your User Content related to aviation. You warrant that you own or have the necessary rights to post and use such content and that it does not infringe any third-party rights or violate applicable aviation laws.
License Grant: By posting aviation-related User Content, you grant HangarQueen a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services, including for promoting and redistributing part or all of the Services within the aviation industry.
Content Monitoring: We have the right, but not the obligation, to monitor, edit or remove any User Content for any reason, including violation of these Terms or our policies, especially if it pertains to the safety or legality of aircraft.
Platform Rights: HangarQueen reserves the right to display advertisements and to implement advertising in connection with User Content related to aviation and to use such content for marketing or promotional purposes.

9. User Submissions:

Unsolicited Submissions: When you share details about aircraft, experiences, or insights with us through emails, discussion boards, Q\&A sections, or any other user interaction on our platform, you agree that we can utilize this information. This includes using your anecdotes about aircraft ownership, maintenance, or flying experiences in our digital services, newsletters, marketing materials, or for promotional purposes related to aviation. Your name, image, or other identifying details might be featured alongside this content. HangarQueen LLC reserves the right to edit, adapt, or repurpose your contributions for aviation-related content, with or without giving you credit. Please note that none of these submissions will be treated as confidential.
Invited Submissions: Occasionally, HangarQueen may call for specific content from our users, such as stories about unique aircraft, maintenance tips, or flying adventures for inclusion in our aviation auctions or educational content ("Invited Submissions"). When participating in these calls for content, make sure to read any additional guidelines or terms we provide, as they will outline how your submissions can be used specifically within the aviation context. If no additional terms are specified, these general Terms of Service apply. Be aware that any material you submit in response to these invitations will not be considered confidential, and you will not be financially compensated for its use in our aviation-focused platform or any related activities.

10. Enforcement:

Platform Rights: We reserve the right to enforce these Terms through measures including, but not limited to, warning users, suspending or terminating accounts, removing or modifying aviation content, or taking legal action.
Investigation Rights: HangarQueen has the right to investigate violations of these Terms or misuse of the Services, and to take appropriate legal action, including without limitation, referral to aviation authorities or law enforcement for any illegal or unauthorized use of the Services related to aircraft.
User Cooperation: You agree to cooperate with any investigation by providing information, documents, or access to your account that we reasonably request, especially concerning aviation transactions.
Legal Compliance: We may disclose any information we have about you if required to do so by law or in response to a valid legal request, particularly if it pertains to aviation safety or regulatory compliance.

11. User Conduct:

Acceptable Use: Use the Services in compliance with all applicable aviation laws, respect the rights of others, and engage in good faith aviation transactions.
Prohibited Activities: No illegal activities, harassment, spamming, scams, or attempts to damage, disable, overburden, or impair the Services related to aviation. You must not use the Services to transmit any computer viruses, worms, or any code of a destructive nature, especially in contexts involving aircraft control systems or safety data.
Platform Rules: Adherence to any additional guidelines or rules posted on the Services, including community standards or specific auction rules for aircraft.
Legal Compliance: You must comply with all local, state, national, and international aviation laws, regulations, and ordinances when using the Services.

12. Service Availability:

Platform Modifications: We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice, which might affect aviation-related features.
Service Changes: We may from time to time update, improve, or change the Services. Such changes might affect the functionality or availability of certain features critical to aviation transactions.
No Guarantees: The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, particularly regarding the suitability of aircraft for flight or compliance with aviation standards.

13. Fees and Purchases:

Payment Terms: You agree to pay all fees for any aviation-related purchases made through the Services, including listing fees, transaction fees, or any other charges. All fees are non-refundable unless expressly stated otherwise, particularly in the case of aircraft sales.
Refund Policy: Refunds are at our sole discretion unless required by law or explicitly stated in the transaction policy related to aviation. No refunds will be provided for completed aircraft auctions or services rendered unless there's an issue with the title transfer or legal ownership.
Bidding Process: Bidding on aircraft is legally binding. You must honor your highest bid if you are the winning bidder. Failure to do so may result in penalties including, but not limited to, account suspension or legal action, as per aviation transaction rules.
Seller Obligations: Sellers must ensure all aviation listings are accurate, comply with all legal requirements, and honor the sale to the highest bidder. Sellers are responsible for all taxes, duties, and fees associated with the sale of aircraft, as well as providing accurate maintenance and airworthiness documentation.
Buyer Obligations: Buyers must pay for the aircraft within the stipulated time, cover all shipping or transfer costs, and comply with all terms of the auction, including any inspection periods agreed upon. Buyers are responsible for conducting or arranging for any necessary aviation inspections or certifications post-purchase.

14. Release:

Dispute Resolution: You release HangarQueen from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with aviation-related disputes with other users.
Liability Release: You agree to release HangarQueen from any liability for your interactions with other users in the context of buying or selling aircraft, including but not limited to, any disputes between users, the condition or airworthiness of aircraft, or any harm or damages resulting from aviation transactions.
California Law Notice: For users residing in California, you expressly waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

15. Indemnification:

Scope: You agree to indemnify, defend, and hold harmless HangarQueen, its affiliates, officers, directors, employees, agents, and licensors from any claim, demand, loss, damage, cost, or liability (including attorneys' fees) arising out of or relating to your use of the Services for aviation purposes, your aviation User Content, your violation of these Terms or any aviation law, or your violation of the rights of any third party with respect to aircraft transactions.
User Obligations: Your indemnification obligation includes any third-party claims against HangarQueen related to your actions or inactions in the aviation context.
Defense Requirements: You agree to assist and cooperate with HangarQueen in defending such claims, including providing any information or materials necessary for our defense, particularly if related to aviation safety, compliance, or legal disputes.

16. Disclaimers:

Service Warranties: We make no express or implied warranties or representations with respect to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose in aviation, or non-infringement.
Content Accuracy: We do not warrant the accuracy, completeness, or usefulness of any aviation content or information provided through the Services, including aircraft specifications or maintenance records.
Technical Issues: HangarQueen disclaims any responsibility for any errors, omissions, interruptions, deletions of files, defects, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to our records, programs, or services, especially those involving aviation data.
Risk Acknowledgment: You use the Services at your own risk, acknowledging that there are risks associated with aviation transactions conducted over the internet, including but not limited to, the risk of fraud or misrepresentation by other users regarding aircraft condition or value.

17. Limitation of Liability:

Damage Limitations: In no event shall HangarQueen, its affiliates, or licensors be liable for any indirect, special, incidental, punitive, or consequential damages related to aviation, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
Monetary Caps: The total liability of HangarQueen for any claims under these Terms, including for any implied warranties related to aviation, is limited to the amount you paid us, if any, in the last twelve months for using the Services or $100, whichever is less.
Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you in aviation contexts.

18. Third Party Services:

External Links: The Services may contain links to third-party websites or services that are not owned or controlled by HangarQueen, including those offering aviation parts or services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services related to aviation.
Third Party Content: Any aviation content, services, or goods provided by third parties through the Services are not endorsed by HangarQueen, and we are not responsible for the accuracy, content, or availability of such third-party aviation materials.
Responsibility Limitations: Your use of third-party websites or services is at your own risk, and you should review the terms and conditions, privacy policies, and other governing documents of these third-party providers, especially those involved in aviation.

19. Affiliate Marketing:

Participation Notice: We may participate in affiliate marketing programs related to aviation products or services. This means we might earn a commission if you purchase aviation products or services through links on our platform.
Commission Disclosure: We will disclose when a link is part of an affiliate marketing program, where applicable, to ensure transparency in our aviation marketing practices.

20. Local Regulations:

International Usage: If you access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with local aviation laws.
Compliance Requirements: You must comply with all applicable aviation laws and regulations of your jurisdiction regarding the listing, selling, and purchasing of aircraft through our Services.

21. Term and Termination:

Duration: These Terms continue until terminated by either you or us.
Termination Rights: We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms in relation to aviation activities.
Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability related to aviation.

22. Entire Agreement:

Integration Clause: These Terms constitute the entire agreement between you and HangarQueen regarding the Services and supersede all prior agreements and understandings, whether written or oral, with respect to the Services, especially those related to aviation transactions.
Modification Rights: We reserve the right to modify these Terms at any time by updating this posting. Your continued use of the Services after such modifications constitutes your agreement to be bound by the modified Terms, particularly in the context of aviation activities.
Severability: If any provision of these Terms is found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect, especially those concerning aviation safety and compliance.

23. Changes to Agreement:

Modification Process: Changes to these Terms will be posted on our Services. We encourage you to review these Terms periodically for any updates or changes, especially those affecting aviation transactions.
Notice Requirements: Significant changes to these Terms will be communicated to you through the email associated with your account or through a prominent notice on our Services related to aviation.
User Rights: Your continued use of the Services after the changes become effective constitutes your acceptance of the new Terms. If you do not agree with any modifications, you must cease using the Services, particularly if they relate to aviation.

24. Dispute Resolution:

Arbitration Agreement: Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [City, State], before one arbitrator. The arbitration shall be administered by [Arbitration Provider] in accordance with its [Applicable Rules]. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, especially in matters of aviation safety or legal compliance.
Class Action Waiver: You agree that any arbitration or proceeding shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on behalf of a class related to aviation transactions.
Small Claims Exception: Notwithstanding the above, either party may elect to have disputes heard in small claims court if they qualify for such jurisdiction, particularly if the claim involves a minor aviation issue.
Procedure Details: The arbitration shall be conducted in the English language. The arbitrator shall apply the laws of the State of [State] without regard to its conflict of law provisions, particularly those related to aviation law. The decision of the arbitrator shall be final and binding.

25. Additional Legal Provisions:

No Waiver: No waiver by HangarQueen of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HangarQueen to assert a right or provision under these Terms shall not constitute a waiver of such right or provision, especially in aviation contexts.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State where HangarQueen is incorporated, without regard to its conflict of law provisions, particularly as they apply to aviation transactions.
California Users Notice: For users in California, we are required by law to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at [Contact Info] or at www.dca.ca.gov for aviation-related complaints.
Copyright Claims Policy: If you believe that your work has been copied in a way that constitutes copyright infringement, particularly in aviation content, please provide our copyright agent the written information specified in the Digital Millennium Copyright Act ("DMCA"). Our designated agent for notice of claims of copyright infringement can be reached at [Agent Contact Info].

26. Apple App Store Terms:

Additional Requirements: If you are using our mobile application from the Apple App Store for aviation purposes, you acknowledge and agree that these Terms are between you and HangarQueen only, not with Apple, and Apple is not responsible for the application or its content related to aviation.
App-Specific Terms: You must comply with all applicable third-party terms of agreement when using the HangarQueen app for aviation transactions (e.g., Apple's App Store terms).
Apple Relationship: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. In the event of any failure of the application to conform to any applicable warranty, particularly in aviation functionality, you may notify Apple, and Apple will refund the purchase price for the app to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.

27. Copyright Information:

Rights Reserved: All rights not expressly granted herein are reserved by HangarQueen or its licensors, particularly those related to aviation content, trademarks, or software.
Trademark Notice: HangarQueen, the HangarQueen logo, and all related names, logos, product and service names, designs, and slogans, especially those associated with aviation, are trademarks of HangarQueen or its affiliates or licensors. You must not use such marks without our prior written permission.