Information about AviaPOS

Terms of use

AviaPOS© terms of use

Terms and Conditions

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

The AviaPOS© Web site, including all of its features and content (the "Web Site") is an on-line service made available by Octagon Industries Inc. a Texas Corporation or its affiliates ("Provider") and all content, information, services and software ordered or provided on or through this Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use").

1. Web Site Limited License. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.

2. Limitations on Use. Each license is granted to an Authorized Site. An Authorized Site is defined as a localized geographic site in an organizational unit with no user terminals located beyond a one-half (0.5) mile radius of the Authorized Site address on file with AviaPOS©. Authorized Site licenses are not transferable.  The owner of an Authorized Site license may not sell, rent, or otherwise transfer ownership to any other company, group, individual, or alternate localized geographical site within the organizational unit.  The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.

3. Intellectual Property Rights

3.1 Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

3.2 The code and structural content as well as the AviaPOS© name, domain name and logo are copy right protected. All rights are reserved by Octagon Industries, Inc. ®2017

3.3 Rights of Content. The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to display the content in the Web Site or in other advertising media including paper publications or other sites file information and data and make changes that are necessary for the functionality of the service or for promotional purposes. However other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

4. Linking to this Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the copyright notice, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to help@AviaPOS.com and (c) you discontinue providing links to this Web Site if requested by Provider. If you wish to provide links to a section within this Web Site, you should forward your request to Provider at help@AviaPOS.com and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.

5. Advertisement. This Web Site may contain advertising and sponsorship postings listed by registered members. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.

6. Registration and Subscription fee

6.1 Certain sections of this Web Site require you to register to access the content provided. When registration is requested, you agree to provide Provider with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing help@AviaPOS.com

6.2 There is no itemized fee for either posting new listings under any of our categories nor for searching for parts. Your account however, must be activated by the administrator prior to posting any listings. Paid subscription services offer one promotion per month on any one of your posted listings. Promotions are done in our AviaPOS News digital magazine. Suppliers who would like to use or promotion services must select and subscribe to one monthly, semi-annual, or yearly plan. After selecting a plan, suppliers have the option to buy promotion extenders to increase the number of times a marketplace listing is promoted in our digital magazine. To see subscription and extender prices you must first create an AviaPOS account in our home page. "My Account" in the home page is needed to buy a subscription plan and is not synchronized with a marketplace profile account. Logins to both are treated separately, therefore suppliers who want to post new listings under a subscription plan must create a marketplace profile account and a subscription account separately and simultaneously. 

Subscriptions to any of our plans may be cancelled at any time. However, if a subscription is cancelled prior to its expiration date, there will be no credit or refunds for the unused time. Suppliers who cancel or discontinue their subscription plan will be deactivated both in the AviaPOS Marketplace and in the AviaPOS News digital magazine.  No membership fee is needed for searching or browsing the entire site.

7. In site payments

7.1 All in site purchase payment transactions are handled and processed by PayPal®. All sellers will have to set up a PayPal account and have their bank information confirmed by PayPal® before connecting their PayPal account to this Web Site. Follow the instructions in the How-It-Works page of this Web Site. This will allow sellers to be paid with credit cards while selling in the Web Site. Provider does not store any bank or credit information on any of its servers. All transactions are encrypted and secured.  PayPal  processing fees apply and are deducted at time of payment.

7.2 Payment processing fees. AviaPOS will deduct no fee per transaction taking place on the marketplace from the sellers payment to connect their PayPal account and allow credit card payments on site. 

7.3 Refunds and/or Disputes. AviaPOS is the marketplace venue provider for Buyers and Sellers to interact with each other. All transactions that take place inside the marketplace are binding contracts between buyers and sellers only. AviaPOS does not participate in such transactions and is not bound to any terms or conditions set by sellers or buyers. AviaPOS provides just the means for buyers to pay on site and sellers to get paid on site. However, if there is ever a request for refund, AviaPOS will mediate between both parties to solve the issue. In the event that the transaction needs to be refunded or disputed, buyers will not be able to dispute charges in their credit card and will need to request a refund from the seller directly.  Members must be aware that the AviaPOS payment system IS NOT set up to allow transactions refunded or disputed by credit card companies automatically and since AviaPOS is not the actual seller of the item disputed, the dispute will be denied. ALTHOUGH AviaPOS ADMIN WILL MEDIATE TO RESOLVE ALL ISSUES, ANY REFUNDS OR DISPUTES MUST BE SETTLED AND AGREED ON OUTSIDE THE MARKETPLACE BY THE PARTIES INVOLVED. AviaPOS is not liable for any unresolved disputes.

8. Postings in interactive areas of the Web Site

8.1. Provider does not represent or guarantee the truthfulness, accuracy, or reliability of posted information including (a)inventory availability, price and/or condition (b) member offered products and/or statistics posted by users. You acknowledge that any reliance on material posted by other users will be at your own risk.  For sell listings are to be accurate, and must be updated on a regular basis.  A listing expiration date may be required. For-sale-listings of in-stock items not updated regularly are subject to removal even if listing expiration is not reached.  Listed price should be honored by the listing supplier. If an item is ordered through the system, suppliers enter into a buy-sell private contract directly with the ordering buyer. Provider is committed to the integrity of our database.  If you believe there is an unauthorized or inaccurate listing, notify us immediately by emailing help@AviaPOS.com. Suppliers are rated by buyers according to their performance. Provider reserves the right to de-activate any suppliers account as a result of complains from buyers.  

8.2. Postings to be Lawful. If you participate in interactive areas on this Web Site, you shall not list, post, publish, upload or distribute any messages, data, information, text, graphics, links or other material ("Postings") which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting and revoke your access to Web Site at any time for any reason without permission from you.

8.3. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.

8.4. No Monitoring of Postings. Provider has no obligation nor does it intend to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing Provider reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.

9. Errors and Corrections. Provider does not represent or warrant that this Web Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.

10. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.

11. DISCLAIMER. THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.

12. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENT, NOR FOR ANY UNRESOLVED DISPUTES BETWEEN ANY MEMBERS OF THE AviaPOS MARKETPLACE.

13. Indemnification. You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.

14. Third Party Rights. The provisions of paragraphs 15 (Disclaimer), 16 (Limitation of Liability), and 17 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

15. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

16. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features.

17. Refunds and disputes. AviaPOS is the marketplace venue provider for Buyers and Sellers to interact with each other. All transactions that take place inside the marketplace are binding contracts between buyers and sellers only. AviaPOS does not participate in such transactions and is not bound to any terms or conditions set by sellers or buyers. AviaPOS provides just the means for buyers to pay on site and sellers to get paid on site. However, if there is ever a request for refund, AviaPOS will mediate between both parties to solve the issue. In the event that the transaction needs to be refunded or disputed, buyers will not be able to dispute charges in their credit card and will need to request a refund from the seller directly.  Members must be aware that the AviaPOS payment system IS NOT set up to allow transactions refunded or disputed by credit card companies automatically and since AviaPOS is not the actual seller of the item disputed, the dispute will be denied. ALTHOUGH AviaPOS ADMIN WILL MEDIATE TO RESOLVE ALL ISSUES, ANY REFUNDS OR DISPUTES MUST BE SETTLED AND AGREED ON OUTSIDE THE MARKETPLACE BY THE PARTIES INVOLVED. AviaPOS is not liable for any unresolved disputes.

18. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.