GE Honda Aero Engines, LLC Web Portal Terms and Conditions
- 1. General
- This Web site is provided by GE Honda Aero Engines, LLC as an online information and communication service subject to your acceptance of the terms and conditions set forth in this agreement ("Agreement"). GE Honda Aero Engines, LLC is a 50/50 joint company of General Electric Company and Honda Aero, Inc.
Your access to and use of this site is authorized and controlled by a contractual relationship your company or agency has with GE Honda Aero Engines, LLC which is governed by one or more underlying existing agreements, which may include General Terms Agreements, service agreements, maintenance agreements or Proprietary Information Agreements.
Any transaction for goods, services or data which you have entered into with or may enter into with GE Honda Aero Engines, LLC, whether separately in writing or through the use of any link provided by GE Honda Aero Engines, LLC on this Site, will be governed by the terms and conditions set forth in the applicable agreement governing such transaction. In the event that you do not have a current, valid agreement with GE Honda Aero Engines, LLC, you agree that your use of this site is governed by the terms and conditions contained in GE Honda Aero Engines, LLC’s Standard Terms and Conditions. In the event of a conflict between specific terms of this Agreement and specific terms of another agreement you may have with GE Honda Aero Engines, LLC, the terms of such other agreement shall control to the extent necessary to eliminate such conflict. All other terms shall be governed by this Agreement.
Please read this Agreement carefully before accessing, browsing or using this site ("Site"). By indicating your acceptance below, you agree that you have read, understood and have become legally bound by the following terms and conditions. If you do not wish to be legally bound by these terms and conditions, you should not accept these terms and should not access or use this Site. - 2. Operating Policy
- Your participation in on-line communication occurs in real time and is not edited, censored, or otherwise controlled by GE Honda Aero Engines, LLC. GE Honda Aero Engines, LLC cannot and does not screen content provided by users of the Site; however, GE Honda Aero Engines, LLC does reserve the right to monitor content on the Site and to remove content which GE Honda Aero Engines, LLC, in its sole discretion, determines to be offensive, harmful, or otherwise in violation of this operating policy, applicable laws and regulations or GE Honda Aero Engines, LLC's policies and procedures. In order to enhance our ability to maintain an informative and useful Site and avoid the damage that can result from disseminating harmful or unauthorized statements, you agree that you will not:
- post or transmit any message on or through the Site which is libelous, defamatory or which discloses personal or private matters concerning any person without their express consent. You may not post or transmit any message, data, image or program which is obscene, indecent, pornographic or profane or any other material which could give rise to any civil or criminal liability;
- post or transmit any message on or through the Site which would violate the property rights of others, including unauthorized copyrighted text, images, programs, trade secrets or other confidential proprietary information, or trademarks or service marks used in an infringing fashion;
- interfere with the use by others of the Site;
- knowingly post or transmit any file which may contain viruses, worms or any other contaminating or destructive program:
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated linked sites;
- extract, collect or harvest, through electronic means or otherwise, data or data fields from the site for purposes other than performance under your contractual relationship with GE Honda Aero Engines, LLC, without GE Honda Aero Engines, LLC's express written permission; or
- use any device or software, whether developed by you or a Third Party, to interfere or attempt to interfere with the proper working of the Site and will not place a disproportionately large load on GE Honda Aero Engines LLC’s infrastructure.
- post or transmit any message on or through the Site which is libelous, defamatory or which discloses personal or private matters concerning any person without their express consent. You may not post or transmit any message, data, image or program which is obscene, indecent, pornographic or profane or any other material which could give rise to any civil or criminal liability;
- 3. Intellectual Property/Use of Information
- The copyright in all material located on this Site is held by GE Honda Aero Engines, LLC or the original creator of the material. All material is protected under the United States and worldwide copyright laws and treaty provisions or the original creator of the material. You agree to comply with all copyright laws worldwide when you access or use this Site.
You are granted access to this Site and the information contained on it as a result of a contractual relationship you have with GE Honda Aero Engines, LLC which is governed by one or more existing agreements, including without limitation General Terms agreements, Service agreements or Maintenance agreements, which establish the legal framework under which you are authorized to utilize information provided to you by GE Honda Aero Engines, LLC, through the use of this Site or otherwise. In the event that you do not have an existing, valid agreement with GE Honda Aero Engines, LLC, you hereby agree to the terms and conditions contained in GE Honda Aero Engines, LLC’s Standard Terms and Conditions and you agree that your access to and use of this Site is permitted and governed by the those terms.
Accordingly, GE Honda Aero Engines, LLC grants you a non-exclusive, non-transferable, limited right to access, use, display, download and print material from this Site and the materials located on it solely for those purposes authorized under the applicable, existing agreements which govern your contractual relationship with GE Honda Aero Engines, LLC and to procure goods or services directly from GE Honda Aero Engines, LLC. Any other copying, re-distribution, re-transmission, "mirroring" of material contained on this site on another server, or publication of downloaded material is strictly prohibited without the prior, written consent of GE Honda Aero Engines, LLC and/or the original creator of such material.
"GE Honda Aero Engines, LLC" is a registered trademark in the United States and other countries. Other trademarks or service marks which may appear in this Web site may be marks of GE Honda Aero Engines, LLC or of third parties that are not affiliated with GE Honda Aero Engines, LLC. GE Honda Aero Engines, LLC and its affiliates do not control or endorse the content of third party Web sites. Except as expressly provided in this Agreement GE Honda Aero Engines, LLC does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. - 4. Your Transmissions
- Other than personal data GE Honda Aero Engines, LLC may request from you that may be protected by our Online Privacy Policy and any business proprietary data that is already protected by your contractual agreement with GE Honda Aero Engines, LLC, or applicable federal statutes or regulations, and appropriate for posting on the Site, GE Honda Aero Engines, LLC does not want you to, and you should not, send any confidential or proprietary information to GE Honda Aero Engines, LLC on the Site. If you do, you agree that any information or material that you provide to GE Honda Aero Engines, LLC which is not protected by our Online Privacy Policy will be considered non-confidential and non-proprietary. By providing any such information or materials to GE Honda Aero Engines, LLC, you grant to GE Honda Aero Engines, LLC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that GE Honda Aero Engines, LLC is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to GE Honda Aero Engines, LLC.
- 5. Electronic Signatures and Online Purchases
- Certain applications and tools on the Site may allow you to place orders for the purchase of goods and services from GEAE, execute a warranty assignments or delegations, or execute other legally binding agreements on behalf of your company. These activities may be by one or more electronic methods that indicate your intention to legally bind your company, including but not limited to clicking buttons on the Site that state "Buy" or "I accept" or "I approve" or "Sign"("Electronic Signatures"). You agree that Electronic Signatures constitute legally valid, binding signatures that have the same force and effect as ink signatures on paper format. In addition, you understand and agree that any purchase of goods or services or other transaction through the Site will be governed by the terms of your existing contract with GE Honda Aero Engines, LLC (e.g., General Terms agreement, Service agreement, Maintenance Agreement, Basic Ordering Agreement, Requirements Contract, etc.).
- 6. Linking
- The Site may from time to time provide a link to other web sites or other Internet information sources (“Third Party Sources”). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by GE Honda Aero Engines, LLC of, or responsibility for, the third parties or the Third Party Sources or any content, services or products available on or through such Third Party Sources. If you wish to provide a link to this or another GE Honda Aero Engines, LLC Web Site from your own Web site, please contact mygeaerospace@GE Honda Aero Engines, LLC.com.
- 7. Limitation of Liability
- In no event will GE Honda Aero Engines, LLC, its officers, directors, employees, agents, be liable to any person or entity for any indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked Web site, even if GE Honda Aero Engines, LLC expressly advised of the possibility of such damages. This provision applies only to your use of, or inability to use, the content, materials, and functions of this site or any linked Web site. This provision does not modify, supersede, create or otherwise affect any limitations of liability in any of your underlying existing agreements with GE Honda Aero Engines, LLC.
- 8. Indemnification
- You agree to indemnify, defend, and hold harmless GE Honda Aero Engines, LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from or relating to any violation of this Agreement by you. This provision applies only to your use of, or inability to use, the content, materials, and functions of this site or any linked Web site. This provision does not modify, supersede, create or otherwise affect any indemnification provisions in any of your underlying existing agreements with GE Honda Aero Engines, LLC.
- 9. Termination
- This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement, however the obligations contained in Paragraphs 2,3,7,8,9,10 and 12 shall survive such termination. GE Honda Aero Engines, LLC may terminate, change, suspend or discontinue any aspect of the GE Honda Aero Engines, LLC Site, including the availability of any features of the Site, at any time. GE Honda Aero Engines, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. GE Honda Aero Engines, LLC may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials. This provision applies only to your use of this Web site. This provision does not modify, supersede, create or otherwise affect any termination provisions in any of your underlying existing agreements with GE Honda Aero Engines, LLC.
- 10. International Users
- This Site is controlled, operated and administered by GE Honda Aero Engines, LLC from its offices within the United States of America. GE Honda Aero Engines, LLC makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site, export or re-export the materials in violation of U.S. export laws and regulations. Unauthorized export or re-export is prohibited. In addition, if you access this Site from a location outside of the United States, you remain solely responsible for compliance with all local laws and regulations.
- 11. Use of Interactive Electronic Tools ("Wizards")
- Any interactive electronic tools (also known as "Wizards" and/or "Configurators") provided on this Web Site are provided for your convenience in order to provide technical support, forecast engine performance or predict trends; however, you must exercise your own independent judgement when utilizing the data generated. Information contained or generated on this Web Site represents an estimate based upon generally available fleet data or variable data furnished by you. This information is intended for informational purposes only and does not constitute a commitment or warranty of any type by GE Honda Aero Engines, LLC. In accordance with paragraph 13, "Other Agreements", below, any warranty provided by GE Honda Aero Engines, LLC will be governed solely by the terms and conditions of the applicable contractual agreement of purchase.
- 12. Entire Agreement, Dispute Resolution, and Applicable Law
- This Agreement constitutes the entire agreement between GE Honda Aero Engines, LLC and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason, any provision of the Agreement or portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
- We agree that this Agreement will be construed, interpreted and applied in accordance with the law of the Sate of New York, USA, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods.
- We will try to resolve any dispute relating to the performance or interpretation of this Agreement amicably within sixty (60) days. In the event we do not, the Dispute will be settled and finally determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in New York, New York, USA, by one or more arbitrators appointed in accordance with said Rules. Either of us may take appropriate action as may be required under applicable law for the enforcement of such arbitration award. If a dispute arises and the arbitration provision specified above becomes unenforceable for any reason, we agree that the jurisdiction over and venue of any suit arising out of or relating to this Agreement will be exclusively in a federal or state court of competent jurisdiction sitting in the State of New York, USA.
- This Agreement constitutes the entire agreement between GE Honda Aero Engines, LLC and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason, any provision of the Agreement or portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
GE Honda Aero Engines, LLC Infringement Notice
We respect the intellectual property rights of others and request that you do the same. You are hereby informed that GE Honda Aero Engines, LLC has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of GE Honda Aero Engines, LLC's system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:Sean Merrill
Counsel-Trademarks
(203)373-3000
[email protected]
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.