Terms of service
AviatorPro’s Terms Of Service
(As of March 4, 2025)
1. Overview and Acceptance of Terms
2. Privacy Policy
3. Services and Use of the Services
The Services are accessible on our Site via our cloud-based web application, which is designed to provide training video tutorials, courses, and other educational content.
Hosting and Third-Party Providers. The Services are hosted by Devware, Inc., a Missouri corporation, which is a third-party provider and operates the cloud infrastructure ensuring high availability and security of all hosted training content. Devware’s hosting solutions provide the technical framework necessary for content streaming, progress tracking, and administration of exams. By using these Services, you agree to the processing and storage of your data by Devware as necessary for the provision of the Services. AviatorPro requires that all interactions with third-party providers adhere to our security standards and Privacy Policy.
By utilizing the Services, you accept that AviatorPro is not liable for any interruptions to the availability of the Services caused by the actions of Devware or any other third-party provider, beyond the reasonable control of AviatorPro.
Access Period. Users of the Services can purchase access to training materials, track their learning progress, and complete examinations through the web application. Access to purchased content is granted for a predetermined period specified at the time of purchase (the “Access Period”). Upon expiration of the Access Period, access to the content will cease automatically.
Responsibility of Use. You are responsible for your use of the Services and must ensure your activities are compliant with this Agreement and applicable laws. You agree not to misuse the Services in any manner that could impair their functionality or availability to other users.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including hours of availability, content, and the equipment needed for access or use. We may introduce new features, functionality, or enhancements to the Services, which may be subject to additional terms or conditions.
4. Billing and Account Information
You may choose to purchase our Services either as part of a monthly subscription or for a one-time fee. If You choose to purchase the Services on a subscription basis, Your subscription will automatically renew each month unless canceled. If You wish to cancel your subscription, you must do so at least 5 days prior to the automatic renewal.
Before We commence any Services, it is imperative that you pay the required fees in full, along with any applicable taxes, as detailed in your order. All payment processing is handled through a secure third-party payment processor. By submitting your order, you grant Us permission to charge your chosen method of payment (e.g., credit card) for the specified fees and relevant taxes. Your submitted content, excluding credit card details, may be transferred unencrypted across various networks or undergo adaptations to meet the technical specifications of interconnected networks or devices. However, We prioritize the security of your sensitive data. All credit card information submitted through our platform is securely encrypted during any transfer over networks.
AviatorPro retains the right to modify its fees and pricing structure at any given time. Should you choose to continue availing of our Services post any fee adjustment, it will be deemed as your acceptance of the revised pricing.
Refund Policy. AviatorPro offers a complete refund for the Services if You are not satisfied with Your experience. All refunds must be requested within thirty (30) days of purchase. No refund will be provided if You have accessed 50% or more of the Service. No refund is available if You have purchased the Services on a subscription basis, regardless of whether You have accessed any of the Services during subscription period. We encourage you to carefully review your purchase decisions before proceeding. By agreeing to these Terms, you acknowledge and consent to this refund policy.
5. Intellectual Property
All content present on this Site, including but not limited to text, graphics, logos, images, audio clips, videos, digital downloads, software, and any other form of information (collectively referred to as the “Content”), is the property of AviatorPro or its content suppliers and is protected by international copyright laws, trademarks, patents, or other proprietary rights and laws.
Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way, in whole or in part, any of the Content without our express written consent.
You acknowledge that AviatorPro retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Site, the software and application programming interfaces comprising the Site, and all content therein. AviatorPro, its logo, and all other trademarks used on the Site are trademarks or registered trademarks of AviatorPro. Other product and company names used on the Site may be trademarks of their respective owners. Unauthorized use is strictly prohibited.
6. Email and Text Communication Consent
By using AviatorPro’s Services, you agree to receive emails and text messages from Us regarding the Services to which you have subscribed as well as upcoming classes, educational content, promotions, and other notifications related to our Services. These communications are intended to enhance your learning experience and keep you informed about opportunities that may be of interest to you. By providing your mobile phone number, you are expressly consenting and “opting in” to receive marketing text message via automated technology.
If you decide at any time that you no longer wish to receive such communications, you have the option to opt out. To unsubscribe from emails, you can follow the unsubscribe link provided at the bottom of each email. To stop receiving text messages, you can reply with “STOP” to any message We send.
Please note that opting out of these communications may affect your ability to receive important updates and offers about new classes and features that may enhance your training experience.
7. Third-Party Links
Certain content, products and services available through our Service may include materials from third-parties. Links on our platform can lead you to external websites that are not under the direct control or affiliation of AviatorPro. These links are provided for convenience and do not signify an endorsement of the third-party or the content provided.
We neither evaluate, nor vouch for the accuracy, safety, or reliability of third-party content. Consequently, We do not hold any liability or responsibility for any third-party materials, websites, or their offerings. This includes, but is not limited to, the content, policies, products, services, or any other aspect of third-party sites.
Engaging in transactions, be it for goods, services, content, or any other resources, on third-party websites is at your own risk. AviatorPro will not be held accountable for any potential harm, damages, or losses arising from such interactions.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. If you have complaints, concerns, claims, or questions related to third-party products or services, it is essential to approach the respective third-party directly, as AviatorPro does not have jurisdiction over such external entities.
8. Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AVIATORPRO NOR ANY OF ITS AFFILIATES OR ANY THIRD PARTY MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USERS OF THE SITE ARE ADVISED TO TAKE NECESSARY PRECAUTIONS, SUCH AS USING INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES.
9. Disclaimer of Guarantees or Representations.
AVIATORPRO PROVIDES CONTENT STRICTLY FOR INSTRUCTIONAL PURPOSES BASED ON INFORMATION THAT IS CURRENTLY AVAILABLE. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION THAT THE CONTENT IS CURRENT, COMPLETE OR ACCURATE OR THAT IT WILL BE UPDATED TO REFLECT THE LATEST INFORMATION OR CHANGES IN INDUSTRY STANDARDS OR REGULATIONS. WHILE THE CONTENT IS DESIGNED TO AID YOUR LEARNING AND PREPARATION FOR LICENSING EXAMS AND OTHER EVALUATIONS, AVIATORPRO DOES NOT GUARANTEE THAT YOU WILL PASS ANY EXAMS OR ACHIEVE ANY PARTICULAR OUTCOMES AS A RESULT OF USING OUR SERVICES.
USERS ARE RESPONSIBLE FOR VERIFYING THE APPLICABILITY AND RELEVANCE OF THE CONTENT TO THEIR SPECIFIC EDUCATIONAL OR CERTIFICATION REQUIREMENTS. AVIATORPRO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE USE OF THE SERVICES WILL ENSURE PASSING OF ANY LICENSING OR CERTIFICATION EXAMINATIONS.
10. Limitation of Liability
IN NO CASE SHALL AVIATORPRO, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS BE LIABLE FOR ANY INJURY, LOSS, OR CLAIM OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOSS OF DATA, FINANCIAL LOSSES OR ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICES THAT IS THE SUBJECT OF THE CLAIM OR (II) FIFTY (50) DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS AVIATORPRO, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR CONNECTED TO YOUR USE OF THE SERVICES, BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
12. Termination of Services
This Agreement is effective unless and until terminated by either you or Us. You may terminate this Agreement at any time by notifying Us that you no longer wish to use our Services, or when you cease using our Site. We reserve the right to terminate this Agreement at our sole discretion if We believe or suspect that you have breached, or are in breach of, any term or provision of this Agreement. Such termination may be immediate and without prior notice. In the event of termination for this reason, you remain responsible for any outstanding obligations or amounts due up to and including the date of termination. Any obligations and liabilities incurred before the termination date shall persist post-termination, especially if their nature implies they should survive beyond the termination of this Agreement.
13. Additional Terms for Resellers
This Section 13 contains additional terms that also apply to you (a “Reseller”) only if you are authorized to resell the AviatorPro Program. In the event that any of these Section 13 terms are found to conflict with any other portion of this Agreement, this Section 13 shall control the rights and obligations of you as a Reseller.
14. Digital Millennium Copyright Act
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
(1) your physical or electronic signature;
(2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works;
(3) identification of the material you believe to be infringing in a sufficiently precise manner to allow Us to locate that material;
(4) adequate information by which We can contact you (including your name, postal address, telephone number, and, if available, email address);
(5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the written notice is accurate; and
(7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA Notices is:
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15. Disputes Resolution and Choice of Forum
This Agreement is governed by, and construed in accordance with, the laws of the State of Arizona, without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action, claim, or proceeding relating to or arising out of this Agreement shall be instituted in a state or federal court of competent jurisdiction in Maricopa County, Arizona. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If no court in Maricopa County, Arizona is found to have jurisdiction, then the parties shall adjudicate any dispute arising out of or relating to this Agreement by binding arbitration administered by the International Centre for Dispute Resolution in Phoenix, Arizona in accordance with its International Arbitration Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Assignment
17. Severability
If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision(s) will be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).
18. Non-Waiver
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach.
19. Force Majeure
If We are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to, pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), We will have no liability to you for such failure to perform; provided, however, that We will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event
20. Entire Agreement
If you have executed a separate agreement with Us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.
21. Contact Information
Please address any questions regarding this Agreement to Us Support@AviatorPro.com
Last updated: March 4, 2025
