PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“TERMS”) BEFORE USING THIS WEBSITE, THE SERVICE, OR ANY OTHER CONTENT ACCESSIBLE ON OR THROUGH THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY UTILIZING THE SITE, YOU UNCONDITIONALLY AGREE TO ALL OF THE FOLLOWING:
Paravionltd.com (the “Site”) is owned and operated by Par Avion Ltd. (“Par Avion” or “we”, “our” or “us”). Please refer to the Site for a current list of local offices. We offer a service (the “Service”) which connects buyers (“Buyers”) with sellers (“Sellers”) for the purpose of entering into agreements relating to the purchase and sale of business aircraft and related goods and services (a “Transaction”). Even though we will endeavor to assist Buyers in obtaining professional evaluations of information provided to us by or through Sellers relating to our Service, we communicate Seller provided information without independent verification or editorial comment. It is contemplated that we will earn a commission, fee, or other compensation on each Transaction.
Whether you are a Seller or a Buyer, these Terms apply to you. Therefore, Sellers and Buyers are referred to as “you” or “User” hereafter. Where the Terms are only applicable to one subset of Users or the other, we have identified to which we are referring.
Because we are constantly innovating in order to provide better experiences for our users, we reserve the right to modify or discontinue any feature or aspect of the Site or the Service at anytime. We must also, therefore, reserve the right to change the Terms governing any User’s use of the Site and Service at any time. Any change in the Terms will be effective upon posting the changes to this Terms page. Any use by you subsequent to these changes will constitute your acceptance of such changes. Therefore, we suggest that you check back frequently to make sure you are always familiar with the current Terms. As a sole exception to this, for any Transaction for which a Buyer and Seller have entered into a written agreement, the Terms will not be deemed changed as to that Transaction.
Transactions conducted on or through this or any other website, or through the services of Par Avion, may be subject to the Electronic Signatures in Global and National Commerce Act and/or the Texas Electronic Transactions Act. You are encouraged to consult your attorney before offering or accepting a Transaction through a method of electronic communication.
Each Transaction has specific terms which will be presented to you prior to purchase and often include conditions such as time limits or other restrictions which may require that the transaction be completed within a certain timeframe or in a certain manner. We will endeavor to make you aware of unusual limitations and conditions however we are not attorneys and cannot legally provide you with legal counsel in connection with a Purchase Contract. We strongly encourage you to retain competent legal counsel familiar with the intricacies of the purchase of business aircraft. Upon request, we will provide you with the names of attorneys who have represented to us that they are experienced in representing persons utilizing the Service.
Transaction Taxes, Fees & Funding
Par Avion is not responsible for collecting or dispensing payment of or for any Transaction or any taxes and/or fees relating thereto, including, without limitation, sales, use, gross income and value added taxes, associated with the Services or the fulfillment of any Transaction. Seller is responsible for collecting payment from Buyer and paying any and all taxes and fees, including, without limitation, sales, use, gross income and value added taxes, associated with the Services or the fulfillment of any Transaction.
From time to time, as a result of our reputation, extensive experience, and exposure to the market place, we come across opportunities which we feel are good enough to publicize, even though we do not have a formal relationship with the seller. If you have an interest in one of these opportunities, we are available to structure the transaction for you. All Fees to Par Avion in connection with a Transaction will be due and payable contemporaneously with Seller’s receipt of payment from the Buyer at Par Avion’s offices in Houston, Harris County, Texas USA.
SPECIFICATIONS AND/OR DESCRIPTIONS ARE PROVIDED AS INTRODUCTORY INFORMATION AND DO NOT CONSTITUTE REPRESENTATIONS OR WARRANTIES OF PAR AVION. ACCORDINGLY INSPECTION AND VERIFICATION OF AIRCRAFT AND EQUIPMENT IS THE SOLE RESPONSIBILITY OF THE BUYER AND/OR BUYER’S DULY APPOINTED REPRESENTATIVE(S). ANY PROPOSED TRANSACTION IS SUBJECT TO FINAL EXECUTION OF A SALES AGREEMENT ACCEPTABLE TO SELLER. ALL AIRCRAFT IS SUBJECT TO PRIOR SALE OR REMOVAL FROM THE MARKET.
Except for Indemnification obligations hereunder, in no event shall either party be liable or obligated to the other party or any third party in any manner for any special, incidental, exemplary, consequential, punitive, or indirect damages of any kind regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if informed of the possibility of any such damages in advance, Par Avion’s sole and complete liability for any claims arising out of the relating to these Terms, the Services, or any aspect of a Transaction, shall be limited to the amount of any fees paid to Par Avion hereunder. This limitation of liability shall apply to the maximum extent permitted by applicable law and notwithstanding the failure of any limited remedy.
Seller shall indemnify, defend and hold harmless Par Avion, its directors, officers, employees and agents from and against any and all liabilities arising out of these Terms, the Services, or any aspect of a Transaction (including without limitation, any claim by any Buyer relating to Seller’s aircraft, products or services). We do not warrant or guarantee that the website will be uninterrupted or error-free, or that the Services will result in any revenue or profit for the Seller. We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate these Terms at our election and for any reason, without prior notice, and your right to utilize the Site and our Services will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site and Services.
The terms hereof and any dispute relating thereto or between you and us will be governed by the laws of the State of Texas, without regard to conflict. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas. Any claim against us will be adjudicated on an individual basis and will not be consolidated in any proceeding with any claim or controversy of any other party.
Par Avion shall not, under any circumstance, be liable for lack of availability of the Site. Seller further acknowledges that Par Avion is under no obligation to display or keep open any Transaction.
You and Par Avion agree that any cause of action arising out of or related to Par Avion must commence within one (1) year after the cause of action accrues otherwise, such cause of action is permanently barred. By using this Site, you agrees that: (1) any claim, dispute, or controversy You may have against Par Avion arising out of, relating to, or connected in any way with the Terms, this Site, or the purchase or sale of any Service(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location in Houston, Texas determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon by you and Par Avion; (3) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Par Avion’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Par Avion shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, please visit the AAA website at www.adr.org.