McMahon App Terms & conditions

Please find our Terms and Conditions of Use ("Terms") below. The following terms and conditions apply to both the web application ("go.mcmahonnow.com") and the McMahon iOS app. Read these terms carefully as they affect your legal rights, including an agreement to resolve any disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. Also be sure to read our Privacy Policy using the links above.

Introduction

LAST UPDATED: January 10, 2023 ACCEPTANCE OF TERMS This website go.mcmahonnow.com, and the corresponding McMahon iOS App (both referred to here as "The Site"), are owned and operated by McMahon Helicopter Services, Inc., hereby referred to as "McMahon Helicopters". Use of this Site is subject to these terms and conditions. To use the services provided on this Site, you must agree to all of the following terms and conditions and the privacy policy. Your use of this Site indicates your acceptance of the following terms and conditions. If you do not agree to all of these terms, do not use this Site.

FLIGHT STATUS SYSTEM

Flight Status System ("FSS") and status information obtained through the Site are the private property of McMahon Helicopters. McMahon Helicopters authorizes you to use our FSS only to track the status of McMahon Helicopters flights tendered by or for you and for no other purpose. You are not authorized to make the information or the FSS available on any web site or otherwise reproduce, distribute, copy, store, use or sell the information for commercial gain. Any access or use that is inconsistent with these terms is prohibited.

SITE SECURITY AND PROHIBITED USES

This site is intended for customers of McMahon Helicopters located within the United States and Canada. Users must be above the age of 18. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violation may result in criminal and/or civil penalties. You are entirely responsible for any information you post, transmit or otherwise communicate through this Site. In using this Site, you must not: post, send or otherwise transmit to or through the Site any unlawful, harmful, infringing, harassing, defamatory, threatening, vulgar or otherwise objectionable material of any kind, any material that exploits children or that is invasive of or in breach of another person's privacy or other rights, or any material that McMahon Helicopters in its sole discretion does not want posted or transmitted on the Site; upload, or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark law or rights of publicity and privacy, unless you own or control the rights thereto or have received all necessary authorizations; misrepresent your identity or affiliation in any way; violate any applicable laws or regulations; or assist, aid, or permit any persons in engaging in any of the activities described above. COPYRIGHTS All content of this Site is copyrighted material of McMahon Helicopters and may not be used in any manner without the express written consent of McMahon Helicopters, except to display, electronically copy, download or print hard copy portions of the material on the Site for your records or to place an order for McMahon Helicopters products or services.

USAGE DATA

McMahon Helicopters collects and stores information related to your use of the Site, such as time and date of access, which data are being accessed. McMahon Helicopter also collects and stores data you provide us willingly. Cookies and other mechanisms may be employed in accordance with McMahon Helicopters’ Privacy Policy.

OPEN SOURCE CODE

In the event that McMahon Helicopters distributes any open source software to you as part of the Site, then such Open Source Software is subject to the terms and applicable license. McMahon Helicopters makes no representation or warranty whatsoever regarding Open Source Software or with any regard to third party products or services which McMahon Helicopters may recommend for your consideration.

CONTENT PRIVACY

Information sent from the site, including information sent via email, may be sent in unencrypted plain text over the public Internet. Emails may be intercepted by other users of the public Internet, and may be stored and disclosed by third parties (such as the recipient’s email service provider). Messages sent by users on the chat service are visible to all users and are to be considered public. McMahon Helicopters is not responsible for damages from the disclosure of information via the chat messages, as noted in the disclaimer below.

TRADEMARKS

All names, logos, and marks appearing in this Site, except as otherwise noted, are trademarks owned by McMahon Helicopters or its affiliates. The use or misuse of these trademarks or any other content on this Site, except with the written consent of McMahon Helicopters, is strictly prohibited.

THIRD PARTY COPYRIGHTS AND TRADEMARKS

Submission of copyright or trademark protected logos, slogans, or other information for use in design, configuration, or ordering indicates your permission for McMahon Helicopters to use such information in providing the requested products or services. Such use by McMahon Helicopters shall not be held to infringe any rights you may possess in these trademarks or copyrights. By making a submission, you warrant and represent that you own or otherwise control the rights to your submission or have received the necessary authorizations to make such a submission.


DISCLAIMER

THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS. MCMAHON HELICOPTERS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR THIS WEB SITE. MCMAHON HELICOPTERS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEB SITE OR THE CONTENT OF ANY EXTERNAL SITE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEB SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MCMAHON HELICOPTERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE, EVEN IF MCMAHON HELICOPTERS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You shall be responsible in all respects for your use of this Site and you agree to indemnify, defend and hold harmless McMahon Helicopters, its officers, directors, employees, agents, licensors and suppliers from and against any claims or suits and shall pay all damages or any settlements sustained and all related costs (including reasonable attorneys' fees) resulting from your misuse or inability to use the Site and all transactions, products or services in connection with such use or misuse.