Agreement between user and WingStats.com
Welcome to WingStats.com. The WingStats.com website (the "Site") is comprised of various web pages operated by WingStats Inc. ("WingStats"). Wingstats.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Wingstats.com is an online Social Networking and Job Application Service Site. WingStats is a place to launch, promote, and manage your aviation career. WingStats provides tools for both job seekers and companies in order to help ease the process of job hunting and hiring. WingStats will provide a social network in order for pilots to communicate and connect with one another. A User on the Site will be able to submit an application to any partner airlines (some fees may apply - please see section titled “Your account/Membership”).
WingStats reserves the right to change without notice the WingStats service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
Visiting the Site or sending emails to WingStats constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity without written permission from WingStats. You acknowledge that WingStats is not responsible for third party access to your account that results from theft or misappropriation of your account. WingStats will also not be held responsible for any charges incurred as a result of theft or misappropriation of your account. WingStats and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
WingStats does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Use of our service requires computer Internet access. User is responsible for all associated Internet access charges for connecting to the Site.
WingStats’ Job Application Service offers Applicants (“User”) a free to sign up account. With this free account, a User will have the option of submitting one application to one company per year at no charge. Once the free application is submitted, a User cannot use the free application for any other company until their anniversary date of submission. Additional applications shall be available once the user has subscribed to WingStats with either the month to month, 6 month or annual subscription plan. The details of these fees are visible on the pricing page. Some partner airlines offer free-to-apply postings which allow the User to apply to those positions without needing to subscribe to WingStats A User may only create one account in which to use the WingStats service.
It will be the User’s responsibility to make sure all account information is accurate and up to date before submitting to a job posting for company review. WingStats will not be held responsible for a denial of an interview or job for any reason including, but not limited to, inaccurate information on your account.
WingStats will not be responsible for maintaining backups of a User’s application information on the Site or offline. Any backups or copies of an application will be the responsibility of the User. WingStats may keep backups of information stored on their servers, but the backups may not be the most current information. It is the User’s responsibility to ensure your profile is accurate and upto date if the Site is ever restored from a backup.
With notification to the User, WingStats reserves the right, at its discretion, to modify or remove any information entered by a User to the WingStats servers that does not comply with our policies. WingStats will also have the right to edit any publicly viewable information, but is still bound by the laws for personal data protection for the state of Florida. The User will be notified prior to any modification or removal of content through electronic mail and a reason will be provided.
In order to maintain paid membership privileges, the service fees must be paid on or before the due date. Service fees will continue regardless if a Users use of their account, and will continue until a written notice is received from the User. If a User fails to pay, the account will be suspended, including all services, until the fee is paid.
WingStats asks that users provide their real names and information. Below are some other guidelines to follow when creating and using an account on the Site
1. You will not provide any false personal information on WingStats, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will keep your contact information accurate and up-to-date.
5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
6. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
7. Your username may only include alphanumeric characters (a-z, 0-9)
8. You may not use any derogatory or offensive terms to create your username. WingStats reserves the right to request you change your username or remove your account if
9. WingStats reserves the right to request you change your username or remove your account if the above policy is not adhered to.
Cancellation/Refund Policy/Account Suspension
A user must notify WingStats via email at cancel@WingStats.com to cancel any portion of a membership. In the event of deactivation or cancellation of a service on or after the User account anniversary date, the User is responsible for the full current charges. WingStats may not prorate service fees for partial billing period usage. Cancellations shall result in the deactivation of the Users account billing status. The WingStats' service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to the WingStats service or any information or software service therein. Furthermore, WingStats makes no guarantees, written or implied, as to the level of participation by airlines or applicants. This in no way includes any reimbursement for losses of income due to disruption of service by WingStats or its providers. No refunds or credits shall be paid due to disruption of service by any of its providers or any network connected to the WingStats network. However, if the WingStats servers are down for a period greater than 24 hours, WingStats may, but not required, issue a partial refund.
Your account may be suspended if the user is found to be in default. A User is in default if: a) Any User covered by this agreement fails to obey any present of future WingStats rule or regulation; b) WingStats does not receive Member service payments on or before its due date; c) User fails to maintain a valid email address.
If a User’s account is canceled or suspended, WingStats will remove any personal indentifying information of the User. WingStats and partnered third parties will have the right to retain and use any other non personal information such as, but not limited to, flight experience, education history, and employment history.
WingStats reserves the right to change pricing on the pricing page with a fifteen(15) day notice published online. All pricing on the the Sites pricing page shall supersede any pricing that may be found on other pages on the Site or any third party sites. Prices on the pricing page are non-negotiable and are expected in full at commencement of the service.
Links to third party sites/Third party services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of WingStats and WingStats is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WingStats is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WingStats of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the WingStats.com domain, you hereby acknowledge and consent that WingStats may share such information and data with any third party with whom WingStats has a contractual relationship to provide the requested product, service or functionality on behalf of the Sites users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of WingStats or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. WingStats content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WingStats and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WingStats or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
WingStats has no obligation to monitor the Communication Services. However, WingStats reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WingStats reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
WingStats reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WingStats sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WingStats does not control or endorse the content, messages or information found in any Communication Service and, therefore, WingStats specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WingStats spokespersons, and their views do not necessarily reflect those of WingStats. p>
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to WingStats.com or posted on any WingStats web page
WingStats does not claim ownership of the materials you provide to WingStats.com (including feedback and suggestions) or post, upload, input or submit to any WingStats Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WingStats, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. WingStats is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WingStats sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your WingStats account to third party accounts. By connecting your WingStats account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by WingStats from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WingStats Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless WingStats, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WingStats reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WingStats in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WINGSTATS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WINGSTATS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WINGSTATS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WingStats reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WingStats as a result of this agreement or use of the Site. WingStats’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WingStats’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WingStats with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WingStats with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WingStats with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
WingStats reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. WingStats encourages you to periodically review the Terms to stay informed of our updates.
WingStats welcomes your questions or comments regarding the Terms:
Effective as of January 31, 2012
Updated on June 22, 2016