Please read the following terms and conditions of use carefully before using this site. If you do not agree to these terms and conditions, please do not use this site.
YOU MUST FIRST READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
AeroFinder is a free online service provided in partnership with AeroTransport Data Bank (ATDB).
AeroFinder reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the site, at any time and in its sole discretion. Any changes to this Agreement will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.
YOUR CONTINUED LISTING OF INFORMATION ON THIS SITE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
Submission of listing information is limited to parties that lawfully can enter into and form contracts under applicable law. To submit the listing information requested on the submission form, sellers must provide their real name or current corporate or business name, phone number, email address, and a current contact person(s). They are obligated to update any of this information on an ongoing basis, and their failure to do so may result in the immediate removal of any listings submitted. Prospective buyers are required to provide their real name or current corporate or business name, and email address and must abide to additional rules possibly required by sellers, including but not limited to the 'principals only' filter.
WARRANTIES AND REPRESENTATIONS
By submitting any listing information to this site, sellers hereby Warrant and Represent the following:
a. Sellers are the full and rightful owner of all title and interest to any aircraft listed, or sellers are contractually mandated to offer this aircraft by the owner and can provide documentation supporting this claim to any request from an interested party.
b. The offer for sale of your aircraft on the site, and the information included by you in the listing on this site, shall not in any way infringe upon the intellectual property, ownership or contractual right of any kind of any third party. Your offer for sale of any aircraft on this site shall not in any way violate any local or national law or regulation, international treaty, or any foreign export laws or regulations.
c. All information submitted for listing by sellers must be complete and accurate. Sellers are obligated to update all listing information in a timely manner, including the removal of any listing upon the sale of an aircraft. Neither AeroFinder or ATDB may be responsible for the accuracy of any initial or future data entry of any listing submission made by sellers, including for any typographical errors. It shall be solely the obligation of sellers to review all listing submitted by them once posted online.
d. At no time, either in the listing itself or in the course of any communications that sellers may have with prospective buyers who contact sellers about one listing, shall any seller suggest or imply in any way any endorsement, affiliation, or involvement by AeroFinder or ATDB with the seller, any aircraft listed by seller, or any portion of the negotiation for the sale thereof.
e. AeroFinder reserves the right to immediately remove any listing submitted by seller, without notice to seller, in the event of any breach of these warranties by the seller, or for any other reason, in AeroFinder's sole discretion.
In the event of any claim by any third party arising out of any listing submitted by seller, seller's conduct in negotiating for the sale of any aircraft listed on this site, and/or seller's breach of any of the warranties, representations, or other obligations applying under this Agreement, sellers hereby agree to indemnify and hold harmless AeroFinder, ATDB, its affiliates, subsidiaries, and all employees, agents, officers, and directors thereof from any and all costs, fees (including reasonable attorneys' fees), damages or other awards associated with the claim.
RIGHTS AND OBLIGATIONS
AeroFinder reserves the right to edit or remove (without prior notice) information or aircraft in the event of a dispute between sellers. AeroFinder also reserves the right to remove aircraft that are not clearly identified, or that AeroFinder believes has been destroyed or had completed a part-out process; this is to avoid duplication of aircraft. AeroFinder reserves the right to remove seller access rights to the site at any time.
AeroFinder expects a reasonable use of the services offered by this site and reserves the right to remove access rights to prospective buyers using too much system resources or accessing this site too frequently or suspected of malicious behaviour. AeroFinder reserves the right to require a high-level (eg. professional or premium) subscription be purchased by prospective buyers submitting very frequent and/or excessive queries to the databases.
AeroFinder has the right to query any person submitting an availability listing whether he/she is appropriately mandated and/or authorised to market the asset he/she intends to list on the site and eventually request an appropriate confirmation through an e-mail. If the Manufacturer Serial Number of an asset is not submitted, the contact person of the related availability listing must be able to provide the Manufacturer Serial Number of the asset to any interested party upon their request.
RELEASE AND LIMITATIONS ON LIABILITY
BECAUSE AEROFINDER AND ATDB ARE NOT INVOLVED IN TRANSACTIONS BETWEEN SELLERS AND POSSIBLE BUYERS OF THE AIRCRAFT LISTED, IF A DISPUTE ARISES BETWEEN A SELLER AND A PROSPECTIVE BUYER, EACH PARTY RELEASES AEROFINDER AND ATDB (AND THEIR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. AEROFINDER AND ATDB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS LISTING AGREEMENT, THE SITE, OR THOSE RESULTING FROM ANY NEGOTIATIONS BETWEEN YOU AND ANY PROSPECTIVE BUYERS OF YOUR LISTED AIRCRAFT.
The Site is arranged, sponsored, or managed by AeroFinder and ATDB in France. The laws of the French Republic govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions may be filed only in Paris, France, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. Because AeroFinder and ATDB are not involved in any negotiation for the sale or purchase of any aircraft listed by sellers on this site, and is not the seller's agent for any purpose, AeroFinder and ATDB will not be involved in resolving any disputes between you and any prospective purchaser related to or arising out of any of your listings. AeroFinder and ATDB urge sellers and any end users they may negotiate with to cooperate with each other to resolve such disputes.
By entering into this Agreement and listing an aircraft, you grant AeroFinder and ATDB a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright and rights of publicity over the material displayed in your listing, in any existing or future media, known or unknown, now or at any later date.
AeroFinder and ATDB, in their sole discretion, may terminate this Agreement, access to the site or listings, immediately without notice for any reason. All warranties, representations, indemnifications and releases provided by you under this Agreement, as well as those sections of this Agreement dealing with AeroFinder and ATDB's liability limitations, disputes and governing law, shall survive termination.
NO AGENCY, THIRD PARTY BENEFICIARY
AeroFinder and ATDB are not the agent, fiduciary, trustee or other representative of sellers. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of AeroFinder, ATDB and the sellers.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
AeroFinder or ATDB's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of AeroFinder and ATDB's right to subsequently enforce such provision or any other provisions of this Agreement.