Legal Documents

Access Aerospace, LLC Website Privacy Policy

Key Details

Access Aerospace, LLC is committed to providing quality services to you and this policy outlines our ongoing obligations to you with respect to how we manage your Personal Information. This website privacy policy describes how Access Aerospace, LLC protects and makes use of the information that you give the company when you use this website. If you are asked to provide information when using this website, it will only be used in the ways described in this Privacy Policy.

This policy is updated from time to time. The latest version is published on this page. This website privacy policy was updated on: Wednesday, April 15, 2020.

Introduction

We gather and use certain information about individuals and organizations in order to provide services and to enable certain functions on this website.

We also collect information to better understand how visitors use this website and to present timely, relevant information to them.

What Information We Gather

We may collect the following information:

Name, job title, and professional affiliation.

Organization name.

Contact information including email address.

Demographic information.

Website usage data.

Other information relevant to client inquiries.

Other information pertaining to special offers and surveys.

How We Use This Information

Collecting this information helps us to understand what you are looking for from the company, enabling us to deliver improved services.

Specifically, we may use your information:

For our own internal records.

To improve the services we provide.

To contact you in response to a specific inquiry.

To customize the website for you.

To send you promotional emails about services, offers, and other things that we think might be relevant to you.

To contact you via email, telephone or mail for market research reasons.

Cookies and How We Use Them

What is a cookie?

A cookie is a small file that is placed on your computer’s hard drive. It enables our website to identify your computer as you view different pages on our website.

Cookies allow websites and applications to store your preferences in order to present content, options or functions that are specific to you. They also enable us to see information like how many people use the website and what pages they tend to visit.

How we use cookies

We may use cookies to:

Analyze our web traffic using an analytics package. Aggregated usage data helps us improve the website structure, design, content, and functions.

Identify whether you are signed in to our website. A cookie allows us to check whether you are signed in to the website.

Test content on our website. For example, 50% of our users might see one piece of content, the other 50% a different piece of content.

Store information about your preferences. The website can then present you with information that you will find more relevant and interesting.

To recognize when you return to our website. We may show you relevant content, or provide functionality that you used previously.

Cookies do not provide us with access to your computer or any information about you, other than that which you choose to share with us.

Controlling cookies

You can use your web browser’s cookie settings to determine how our website uses cookies. If you do not want our website to store cookies on your computer or device, then you should set your web browser to refuse cookies. However, please note that doing this may affect how our website functions. Some pages and services may become unavailable to you. Unless you have changed your browser to refuse cookies, our website will issue cookies when you visit it.

To learn more about cookies and how they are used, please visit http://www.allaboutcookies.org/.

Controlling Information About You

When you fill in a form or provide your details on our website, you will see one or more check boxes allowing you to:

Opt-in to receive marketing communications from us by email, text message, or post.

Opt-in to receive marketing communications from our third-party partners by email, text message, or post.

If you have agreed that we can use your information for marketing purposes, then you can change your mind easily via one of these methods:

Sign in to our website and change your opt-in settings.

Send an email to [email protected].

Write to us at:

Access Aerospace LLC

5401 West Kennedy Blvd.

Suite 100

Tampa, FL 33609

We will never release, distribute, or sell your personal information to third parties unless we have your explicit permission or the law requires us to.

Any personal information we hold about you is stored and processed under our data protection policy and also pursuant to the following additional considerations:

Data Protection Law deals with the security of the electronic transmission of personal data. As of yet, the United States does not have any centralized, formal legislation at the federal level regarding this issue, but does insure the privacy and protection of data through the United States Privacy Act, the Safe Harbor Act, and the Health Insurance Portability and Accountability Act.

U.S. Sectoral Approach: The United States follows what is referred to as a ‘sectoral’ approach to data protection legislation. Under this approach, the laws of data protection and privacy rely on a combination of legislation, regulation, and self-regulation rather than governmental interference alone. Since the Clinton Administration, the U.S. has followed a policy geared toward allowing the private sector to lead the way in data protection. This means that companies should implement their own policies, develop their own technology, and individuals should self-regulate to prevent the dissemination of their private data. Pursuant to this policy, the United States has not yet developed a single, federal data protection law.

European Data Protection Laws: The European Union (EU), on the other hand, has a unified data protection law called the Data Protection Directive. The EU’s Data Protection Directive regulates the processing of personal data within the European Union and is an important component of the EU’s privacy and human rights law. However, recognizing the need to modify this law to deal with globalization and technological developments, the European Union prepared a draft European General Data Protection Regulation that will supersede the Data Protection Directive, which is targeted for adoption in 2014 and to become effective in 2016. The existing Data Protection Directive, in simplest terms, asserts that personal data should not be processed at all, but if it is, it must fall within certain categories of transparency, legitimate purpose, and proportionality. The proposed law would expand the data protection regime currently in place to cover all international companies doing business in the EU.

United States Ad Hoc Privacy Laws: Under the U.S. Sectoral approach, however, privacy legislation tends to be sparse and only adopted on an ad hoc basis, with legislation arising when circumstances require. These laws usually only apply to situations in which individuals would not be able to control the use of their data through self-regulations. Examples include the Video Privacy Protection Act of 1988, the Cable Television Protection and Competition Act of 1992, and the Fair Credit Reporting Act.

United States Privacy Law Traditions: The reasoning behind the U.S. approach to privacy laws has as much to do with American laissez-faire economics as with its legal tradition. For example, while the U.S. has prized its right to free speech such that the First Amendment to the U.S. Constitution protects it explicitly; the Constitution does not have an explicit right to privacy. The U.S. Supreme Court has found a right to privacy implied by the terms of other portions of the Constitution and many states have explicit privacy rights in their state constitutions, but on a federal level there is no express constitutional guarantee to privacy. As a result, there is similarly no constitutional framework upon which to build a single data privacy act, making the ad hoc approach much more compatible with the American system of government.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. To prevent unauthorized disclosure or access to your information, we have implemented strong physical and electronic security safeguards.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7-years.

Access to Your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, then please contact us in writing.

Access Aerospace, LLC will not charge any fee for your access request, but we may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

Links From Our Web Site

Our website may contain links to other websites. Please note that we have no control of websites outside the AccessAerospace.com domain. If you provide information to a website to which we link, then we are not responsible for its protection and privacy.

Always be wary when submitting data to websites. Read the site’s data protection and privacy policies fully.

Online Privacy Policy Only

This online privacy policy applies only to the personal information collected through our website and not to information collected offline.

Terms and Conditions

Please also see our Terms and Conditions establishing the use, disclaimers, and limitations of liability governing the use of our website.

Your Consent

By using our website, you consent to our Privacy Policy.

Privacy Policy Complaints and Inquiries, Contact Us

If you have any questions or complaints about our Privacy Policy, then please email us at [email protected] or write to:

Access Aerospace LLC

28 Worcester Dr.

Wayne NJ 07470

Welcome to Access Aerospace.com, a website of Access Aerospace, LLC. By registering on this website, you agree that you have read, understand and accept these Terms and Conditions (“User Agreement”). This User Agreement governs your use of our website and services. In the event of a dispute, this User Agreement will guide the dispute resolution process and define your and our remedies. In particular, we call your attention to the sections below on Disclaimer of Warranties (Section 11), Limitation on Liability (Section 12), Defense and Indemnity (Section 13), Dispute Resolution (Section 14), and List of Prohibited Items (Section 18).

Effective Date/Last Updated: This User Agreement was last updated on Wednesday, April 15, 2020.

Table of Contents

Introduction to Access Aerospace.com

Rules for All Users

Access to our Services and Site

Privacy Policy

Seller Rules

Buyer Rules

Sales Events

Fees and Payments

Intellectual Property Rights

Disclaimer of Warranties

Limitation on Liability

Defense and Indemnity

Governing Law and Dispute Resolution

Disputes Among Users

Disclaimer of Third Party Content

Miscellaneous

List of Prohibited Items

 

1. Introduction to Access Aerospace.com

About Access Aerospace.com: Access Aerospace.com is an online marketplace for nearly the entire spectrum of space and aerospace industries. Access Aerospace.com provides fixed-price sales for excess space industry manufacturing inventory, overruns, cancelled program hardware, new parts for space systems. The Site is tailored to aerospace and space industries, as well as collectors of aerospace and space exploration artifacts.

This User Agreement and Listings on Our Site: The terms and conditions on which Access Aerospace, LLC (“Access Aerospace”) offers Users access to, and use of, the Access Aerospace.com website (the “Site”) and other related services (“Services”; including estimated valuations, best type of sales solution, shipping and legal referrals, etc.) are based on this User Agreement. With respect to each specific sale of items, the terms specific to that sales event are described in the listing of those items (each a “Listing”). Certain Listings on certain marketplaces may include a “Notice to Purchasers” or a similar written disclosure containing terms and conditions specific to that sale. For example, a Listing may include a Notice to Purchasers defining clearance dates, currency accepted for payment, payment dates and removal deadlines. Each Listing is incorporated by reference into this User Agreement for purposes of that specific sales event described in that Listing. This User Agreement takes priority over any terms in a Listing in the event of a conflict between the terms and this User Agreement.

Access Aerospace simply provides an online marketplace. Access Aerospace does not own or sell any items on our site. All sales are directly between the Seller and the Buyer. All sale warranties and product information are the responsibility of the Sellers, including any export control information or classifications. Access Aerospace is not a broker under the ITAR and does not provide any product information to Buyers.

2. Rules for All Users

Registration Requirements and Eligibility: To participate in a sales event as a Seller or a Buyer, you must:

Register on our Site, providing an accurate and verifiable name, address, telephone number, email address, and other requested information;

Be a real person, business or legal entity;

Be at least 21 years of age and be able to enter into a legally binding contract;

If you are registering on behalf of a business or legal entity, have the authority to enter into a legally binding contract on behalf of that business or legal entity; and

Accept this User Agreement and any future amendments to it.

All registration information provided by Buyers and Sellers to Access Aerospace shall be current, complete, and accurate. You agree and are solely responsible to provide accurate information that will be used to identify you to this system, to deliver notices to you, run restricted parties searches, and to allow us to contact you. If your information changes, you are responsible to update such information on the Site. We will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner.

 

We may refuse our services to anyone at any time at our sole discretion. You may be permanently banned from our Site if you provide false information when registering, such as a false name or fraudulent contact information.

General User Restrictions: You will comply with applicable laws pertaining to their performance under this User Agreement. You certify not to use the Site or our Services in furtherance of any illegal activity. In particular, you must NOT:

Post false, inaccurate, misleading, defamatory, or libelous content;

Post content that infringes the intellectual property rights of any third party;

Use our Services, directly or indirectly through others, if you are temporarily or indefinitely suspended from using our Site or Services;

Distribute viruses or any other technologies that may harm Access Aerospace, or the interests or property of other Users;

Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Site or our Services, without our prior written consent and, as applicable, the appropriate third party;

Harvest or otherwise collect information about other Users, including email addresses, without their consent;

Transfer or otherwise provide your username and password to another third party without our consent; provided, however, a username and password for a business entity can be transferred among employees of the same business entity;

Export or facilitate any export, transfer, or re-export of any item or related technology or technical data without proper compliance with applicable laws and regulations;

Transfer any item or information to a Restricted Party, Specially Designated National or any entity restricted by the United States Government; or

Engage in bribery, which we define as giving or offering anything of value in exchange for any unfair economic advantage.

You should immediately report any request for a bribe or any other form of illegal or questionable activity by emailing the details of such conduct to support@Access Aerospace.com.

Restricted Parties: You represent that you and any business for which you are acting as an agent are not listed on the U.S. Department of Commerce Denied Persons, Entity or Unverified Lists, the U.S. Department of State’s Debarred and Nonproliferation Lists, or any of the Specially Designated Nationals and Blocked Persons lists, any European Union sanctions list, the United Kingdom HMT list, any United Nations sanctions list, or similar or successor lists, (collectively “Restricted Party Lists”), and that if it is discovered that you were on a Restricted Party List, or acting on behalf of a party on one at the time you bid, any sale resulting from your bid is void, and you are liable to us and the Seller for all damages resulting from your misrepresentation. All parties to the transaction on the Site will comply with all applicable sanctions requirements.

You represent and warrant that you are not located in an embargoed or sanctioned country nor are you acting on behalf of any person or entity subject to sanctions issued by the U.S. government or the government where the item is located.

Export Control Compliance: It is the policy of Access Aerospace to comply with all applicable export control laws. Access Aerospace is not a Buyer, a Seller, or a broker of Listings. Therefore, the information provided herein and on the Site is to assist Buyers and Sellers with export compliance. Export control laws restrict the transfer and export of certain types of information, technology, and other items. Both Sellers and Buyers are responsible to ensure that all transactions comply with all applicable U.S. laws and regulations before any sale/purchase. Buyers and Sellers are advised to ensure that an item(s) can be exported, if that is the intent of both parties, before it is purchased from the Seller. You accept and expressly assume full responsibility for determining export, re-export, and transfer licensing requirements for any item you purchase and end use and end-user prohibitions.

3. Access to our Services and Site

Electronic Website: Buyer and Seller acknowledge that transactions on this Site are conducted electronically and the Site’s hardware and software may malfunction without warning.

Control of Access to our Marketplace: At our sole discretion, we reserve the right to refuse to do business with any party. We may limit, suspend, restrict or terminate our Services, your account, your access to our Site and your activities on our Site with or without notice to you.

Cancel Inactive Accounts: We may at any time cancel unconfirmed accounts or accounts that have been inactive.

Right to Discontinue Services: We may also modify or discontinue part or all of our Services at any time.

Your Termination Right: You may terminate your right to engage on our Site and for our Services pursuant to this User Agreement upon written notice to us; provided, however, that such termination will not relieve you of any obligation arising prior to termination, and immediately upon termination, you will no longer be authorized to use our Site or our Services.

No Professional Advice: Any information supplied by any of our owners, officers, directors, employees or agents, in any form whatsoever, is intended solely as general guidance on the use of our Services and our Site and does not constitute legal, technical or compliance advice.

4. Privacy Policy

Your personal identifying information will be protected as per the Access Aerospace Privacy Policy, which is incorporated, by reference, into this User Agreement.

5. Seller Rules

Requirements to be a Seller: In order to participate as a Seller in a sales event, you must:

Agree that there are no contingencies to your sales events other than those stated in this User Agreement and, with respect to a specific sales event, in that Listing;

Deliver items sold by you within expected shipping and handling times as posted in the Listings;

Not sell any counterfeit, stolen, or prohibited items as set forth on our Prohibited Items list (see, Section 18);

During the period that you have listed items for sale on our Site, grant Access Aerospace an exclusive right to sell the items described in the Listing;

Promptly pay the Access Aerospace fees involved with the sale of your item(s).

For items imported or exported, agree that Access Aerospace is not a principal party in the transaction and acts as neither the importer nor exporter and thus is not responsible or liable for any export and import requirements.

Provide accurate export USML or ECCN classifications and import HTSUS classifications, or notify potential Buyers that such items have not been classified. (Access Aerospace has no responsibility to classify your products.)

Seller Warranties: Upon your posting of items for sale, you represent, warrant and agree that you are irrevocably offering to sell such items to any Buyer who satisfies the requirements of the sales event and terms of payment. With respect to each sale of items, you represent, warrant and agree that:

You own the items being sold and have marketable legal title to such items, free and clear of any lien, security interest, leasehold interest, co-ownership interest, or any other type of encumbrance;

You have authority to list the items for sale, to sell the items, and to transfer title of the items to a Buyer;

You are complying at your sole responsibility with all laws and regulations applicable to the sale of your items;

You have no information that causes you to doubt the veracity of the Buyer or cause you to question the end use or end user;

You have screened the Buyer to ensure it/he/she is not a Restricted Party or Specially Designated National and that a sale to the Buyer does not violate any export control or Office of Foreign Assets Control current embargo or sanction requirement; and

You have arranged shipping methods and costs with the Buyer before the sale is concluded.

For Sellers in the European Union: The Site may only be used by commercial (non-consumer) parties, who have a valid VAT ID number that is verifiable through the European Union Commission’s VIES database.

Listing Requirements: We reserve the right to accept or reject any or all Listings. Further, we reserve the right to review and/or remove any Listing. We are not responsible for any misrepresentations made by you, or any confusion caused by our removal of any Listings.

Shill Bidding Strictly Prohibited: To protect the integrity of our Site, Access Aerospace strictly prohibits shill bidding. Shill bidding is the act of bidding on your own items, either directly or indirectly, in an effort to artificially raise the price at which your items will eventually sell. This includes, but is not limited to, knowingly directing or allowing a third party to perform the artificial bidding against other legitimate bidders in the sales event. Shill bidding is not only a violation of our policy, but shill bidding also violates the laws of some countries, including the U.S., and may subject anyone who engages in it to criminal prosecution.

Non-Circumvention: You agree not to negotiate, communicate, or transmit any information of any kind with any other User (whether or not the User has placed a bid) in an attempt to complete a sale of any item through any means other than our online marketplace (a “Circumventing Transaction”). In the event a Seller completes a Circumventing Transaction within 12 months following the expiration of a Seller’s sales event, Seller understands and agrees that Seller is obligated to immediately remit a success fee to Access Aerospace equal to 15% of the final aggregate gross sale price of each item sold in the Circumventing Transaction. This non-circumvention clause will apply to Users and any principals, agents or representatives. This provision will not be construed as applying to any Users having pre-existing relationship developed independent of our site or our Services.

No Guarantees: You acknowledge that despite our efforts, Buyers may fail to perform. We do not provide any warranties, representations or guarantees that Buyers will pay the agreed price, or pay on a timely basis, or be able to take title to the item(s).

6. Buyer Rules

Requirements to be a Buyer: In order to participate as a Buyer in a sales event, you must represent, warrant and agree to:

Pay for any bids or orders placed using your unique username and password;

Have paid or settled any previous financial obligations owed to Access Aerospace or any prior Sellers to our satisfaction;

Not manipulate the price of any item or interfere with other bidders or Buyers;

Not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the sale.

Comply with any listing-specific terms, conditions, or requirements;

Conduct your own research regarding the veracity of the Seller and your ability to import any items;

Screen the Seller to ensure it/he/she is not a Restricted Party or Specially Designated National;

Determine the shipping method and costs by mutual agreement with the Seller; and

Conduct your own due diligence of all items in Listings for which you bid.

Buyer Warranties: If you place a bid or order on the Site, you represent, warrant and agree that:

You are asserting your intention and financial capability to purchase the items by bidding or ordering;

You will not withdraw, amend, or modify your bid or order without our written approval;

You will comply with all laws and regulations applicable to the purchase of the items and their subsequent shipping, use, resale, transfer, and export; and

If representing a company or entity, you have the authority to bid and make purchases for that company or entity.

7. Sales Events

Fixed price sales managed by us are designated by having the option of “Buy Now”. In a private or direct sale, Buyers may become Winning Buyers by (a) agreeing to purchase the Listing at the stated purchase price and Listing terms (which price may be referred to as the “Buy Now” price or something similar), or (b) offering to purchase the Listing by making a binding offer for the Listing through the “Make Offer” option, which offer may be accepted and become binding on a Buyer.

8. Fees and Payments

Access Aerospace charges fees that vary depending on the type of item, as outlined on the Access Aerospace Fee Schedule. We may change the Fee Schedule or any temporary promotions with no advance notice.

Timing of Payment: If you are a Winning Buyer, you agree to make payment for the total amount of the transaction as specified in the Listing.

Currency: Unless specified for particular items, all transactions will be made in U.S. Dollars.

Forms of Payment: Unless otherwise specified in a Listing, the acceptable forms of payment include PayPal® or wire transfer. Certain Listings may specify additional restrictions or requirements.

Discounts & Promotions: We may offer alternative fee structures, rebates, discounts, coupons or incentives, at our sole discretion and for any reason, and we are under no obligation to offer such alternatives to all Users or to continue offering such alternatives to any User to whom we have made an offer in the past.

9. Intellectual Property Rights

Trademarks and Publicity: You have no rights to display or use Access Aerospace trade names, domain names, trademarks or service marks without our expressed written permission which we may withhold at our sole discretion. Any and all requests must be made in writing.

Promotional Materials: When you provide us with images, textual materials and other information concerning items (“Promotional Materials”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the Promotional Materials. Further, to the fullest extent permitted under applicable law, you waive your rights and promise not to assert such rights against Access Aerospace, its sub-licensees or assignees. You represent and warrant that none of the following infringe any intellectual property right of any third party: (1) your provision of Promotional Materials to us; (2) your posting of Promotional Materials using our Services; and (3) our use of such Promotional Materials in connection with our Services.

Access Aerospace Ownership of Intellectual Property Related to our Services and Site: You acknowledge and agree that our Services, our Site and any software and information used in connection with our Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Access Aerospace, you agree not to use, modify, sell, disclose, distribute or create derivative works based on our Services or Site, in whole or in part.

Data: You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of our Services or your use of the Site (collectively, “Sale  Data”). Access Aerospace owns all right, title and interest in and to all Sale Data. Access Aerospace grants no rights to you with respect to the Site or any of our proprietary databases, which Access Aerospace maintains as a proprietary trade secret. Notwithstanding the terms of this User Agreement, Access Aerospace may: (1) gather transaction data from customers, including you, in order to improve its marketplace and its services; and (2) compile, collect, copy, modify, publish, display, distribute and use aggregate transactional and performance data related, generated from or based on customer sales of items (including your sales and purchases), and may prepare summary or derivative information based thereon, for analytical and other business purposes, including, without limitation, incorporation into its proprietary databases; provided, however, in the case of either (1) or (2) that we will not identify you as the source of such information to any third party unless directed by a Court of competent jurisdiction.

Copyright & Intellectual Property Policy: Access Aerospace respects the intellectual property of others, and we expect our Users to do the same. If you believe that your copyrights or other intellectual property rights have been infringed by postings on the Site, please notify Access Aerospace. Upon the request of Access Aerospace, Sellers must provide valid proof of original purchase or a valid license from the trademark owner to sell branded items with a third party’s official brand name or logo. Absent valid proof of purchase or a valid license, Seller may be subject to a range of other actions, including limitations or termination of your rights on the Site. Further, Access Aerospace may cooperate with the trademark owner to pursue or participate in legal action.

10. Disclaimer of Warranties

Our Site and Services: We try to keep our Site and Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services or our Site. Bid or order update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.

You agree that you are making use of our Site and Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Unless expressly stated in writing in a Listing, if you purchase items or place bids on or orders of items, then you agree to accept such items AS IS, WHERE IS, and WITH ALL FAULTS. UNLESS EXPRESSLY STATED IN WRITING IN THE LISTING, WE AND OUR SELLERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ITEMS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ITEMS ARE FREE FROM LATENT DEFECTS. YOU WAIVE ANY AND ALL CLAIMS AGAINST US AND THE SELLER FOR DAMAGES, LOSSES, COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS’ FEES AND LIABILITIES OF WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY (COLLECTIVELY, “SPECIFIED CLAIMS”). UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND (EXCEPT TO THE EXTENT A SELLER HAS PROVIDED AN EXPRESS WARRANTY IN THE LISTING) THE SELLER HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS. UNLESS OTHERWISE STATED IN A LISTING, PHOTOGRAPHS, VIDEO, AND WRITTEN DESCRIPTIONS ARE NOT INTENDED AS REPRESENTATIONS, BUT ARE PROVIDED SOLELY TO AID YOU IN DETERMINING WHICH LISTINGS YOU WISH TO PHYSICALLY INSPECT.

11. Limitation on Liability

To the extent permitted by applicable law, Access Aerospace (including its owners, officers, directors, agents, and employees) is not liable, and you agree not to hold Access Aerospace responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental or consequential damages) resulting directly or indirectly from:

Your use of or your inability to use our Site and Services;

Pricing, shipping or other guidance provided by Access Aerospace;

Delays or disruptions in our Site and Services;

Viruses or other malicious software obtained by accessing, or linking to, our Site and Services;

Glitches, bugs, errors, or inaccuracies of any kind in our Site and Services;

Damage to your hardware device or other computer systems or software from the use of any of our Site and Services;

A suspension or other action taken with respect to your account or alleged breach of this User Agreement;

The duration or manner in which your Listings appear in search results;

Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our Site and Services; or

Your inability to import or export items, and fines, penalties or costs incurred related to import or export of items.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

12. Defense and Indemnity

You agree to fully indemnify and hold harmless Access Aerospace, its principals, partners, investors, directors, members, agents, employees, personnel, and consultants (together, “Access Aerospace Parties”) from all claims whatsoever that may arise from your use of the Site or Services. You further agree to defend Access Aerospace Parties from all such claims, including reasonable attorney’s fees and defense costs, depositions, trials, awards, and expenses.

 

Product Liability: When acting as a Seller, you also agree to indemnify, hold harmless, and defend Access Aerospace Parties from any and all claims, including liability, property damage, contaminations, bodily injury, or death, that might arise from anyone’s use or misuse of the equipment, parts, materials, supplies, software, and other goods you have listed on the Site (together, “Products”), as well as any services you offer through the Site.

Export Compliance: You agree to indemnify, hold harmless, and defend Access Aerospace Parties from any damages, losses, penalties or fees of any kind, imposed as a result of your failure to comply with any applicable import, export, tax, or sanctions law or regulation, whether imposed by the US Government, or any government in any country relevant to the Seller, the Buyer, or the particular transaction.

No Limitation on Liability: In any and all claims against the indemnitees as identified above, the indemnification obligation shall not be limited in any way by the amount or types of damages, compensations, or benefits payable by or for the indemnitees.

13. Governing Law and Dispute Resolution

You agree that Access Aerospace’s activities shall be governed by the laws of the State of Florida, County of Hillsborough, and City of Tampa.

Any and all disputes with Access Aerospace arising in connection with the use of its Site or Services shall be resolved as follows:

The parties shall first attempt to resolve the dispute by direct negotiations. Either party may, by giving written notice, refer the dispute to a meeting of appropriate higher management to be held within 20 days after the giving of notice.

If the dispute is not resolved within 15 days after the meeting of higher management, either party may request and commence mediation, administered by the [American Arbitration Association] under its [Mediation Rules].

If settlement is not reached within 30 days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the [American Arbitration Association] under its [Commercial Arbitration Rules]. The number of arbitrators shall be one. The place of arbitration shall be Tampa, Florida. Florida State law shall apply. Judgment on the award rendered by the arbitrator may be entered in the Court of Hillsborough County, Florida.

Any claim arising out of or related to this User Agreement must be commenced within 6 months after the dispute arose; otherwise, such claim is permanently barred.

California Residents Only: If you are a California resident, you may report, in accordance with Cal. Civ. Code §1789.3, any complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

14. Disputes Among Users

 

Access Aerospace May Arbitrate Disputes Among Users: As a general rule, an accepted bid or order is final. Access Aerospace will not adjust winning bids or orders after a sales event is closed unless it determines, at its sole discretion, that the integrity of a sales event was materially impaired. Detailed procedures for submitting disputes and claims for each marketplace are on our Site, and all Users agree to submit themselves to these processes in the event of a dispute, and to abide by our decision as a consequence of these dispute processes.

While Access Aerospace may help facilitate the resolution of disputes between Buyers and Sellers using our Site, it has no control over and does not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of Users’ content or Listings; the ability of Sellers to sell items; the ability to import or export an item, the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction or return an item or payment for an item.

AccessAerospace.com Discretion: When a User issue arises, Access Aerospace has complete discretion to enforce and apply its User Agreement.

Release of Access Aerospace: If a User has a dispute with another User, then Access Aerospace and its respective officers, directors, employees and agents are released from any and all claims, demands and damages (actual damages, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental or consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes (“Release”). In entering into this Release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this Release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this Release. If you are a California resident, this means you are agreeing to waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

15. Disclaimer of Third Party Content

While Access Aerospace may provide links to third party sites and services on our Site, they are provided solely for informational purposes. You agree that Access Aerospace is not responsible or liable for:

the availability or accuracy of such sites, services or resources;

the content, advertising or products on or available from such sites or resources; and

the privacy policies and data collection, use or retention practices of such sites.

The inclusion of any link on our Site does not imply that we endorse the linked site. Use such links solely at your own risk.

16. Miscellaneous

Severability: If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.

Assignability: At Access Aerospace’s sole discretion, it may assign this User Agreement. You may not assign this User Agreement or your account without our prior written consent.

Waiver: Access Aerospace’s failure to exercise or enforce any right or provision of this User Agreement will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.

Amendments: We may amend this User Agreement (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except for Listings (which can be modified at any time), all amended terms will automatically be effective fourteen (14) calendar days after they are posted on the Site. You will not receive any other notice of a change in this User Agreement. You are encouraged to read the User Agreement before submitting any bids or otherwise transacting on this site. This User Agreement may not otherwise be amended except through mutual agreement by you and Access Aerospace.

Force Majeure: Access Aerospace or any of its affiliate companies, officers, Directors, agents, or representatives shall not be liable nor deemed to be in default for any failure to perform its obligations due to force majeure or any other cause beyond its reasonable control and which prevent Access Aerospace from performing its obligations, in total or in part , such as but not limited to: (i) acts of God or public enemy, act of civil or military authorities, any law, decision, regulation, directive or other act of any government, or the EASA/FAA authorities, or of any department, commission, board, bureau, agency, or court, war or civil war, armed hostilities, insurrection, riot, acts of nature, fire, flood, explosion, earthquakes, natural disaster, accident, total or constructive total loss, epidemic, quarantine restrictions, labor dispute in particular external strike, lockout or serious accidents (resulting in the cessation, slowdown or stoppage of deliveries), embargoes; (ii) delay or failure of Seller to deliver as agreed the relevant item, services or supplies, the required documentation or information; (iii) delay or failure on the part of the Seller’s third party supplier or vendor to procure materials, accessories, equipment, parts, tools and/or documentation, after due and timely diligence; (iv) campaign changes or manufacturers’ design failure; (v) unforeseen major defect on the item to which the performance of services are related and initially identified in the listing documentation.

Records: You are responsible to preserve and maintain records relating to any transactions on the Site necessary to comply with all applicable laws.

Third Party Rights: A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.

Service Provider: You acknowledge that we are entitled to subcontract any of our contractual obligations related to the provision of Services described herein to third parties selected by us.

Entire Agreement: This User Agreement, the Access Aerospace Privacy Policy, and any other documents incorporated by reference into this User Agreement set forth the entire understanding and agreement between you and Access Aerospace and supersede all prior understandings and agreements.

Survival: The following Sections survive any termination of this User Agreement: Content, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Defense and Indemnity, Dispute Resolution, and Disputes Among Users.

Electronic Communications: When you use the Site or send emails to Access Aerospace, you are communicating with Access Aerospace electronically. You consent to receive communications from Access Aerospace electronically. Access Aerospace will communicate with you by email or posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Access Aerospace provides electronically satisfies any legal requirement that such communications be in writing.

Electronic Signatures in Global and National Commerce Act: By clicking to accept this User Agreement, you are indicating your agreement to be bound to these terms, and that you meet the requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN), as amended. You may print this User Agreement, but it is subject to change by us, without notice.

17. List of Prohibited Items

Access Aerospace prohibits the following items from its marketplace:

Embargoed Assets from prohibited people/entities and from countries currently listed by the U.S. Office of Foreign Assets Control;

Pornography in any form of media;

Items produced, manufactured or packaged by forced prison labor or child labor;

Rocket and missile fuels (solid or liquid fuels);

Ground vehicle, aircraft, and rocket/missile oils;

Any nuclear materials or non-nuclear materials associated with nuclear electric power plants or the production of fissile or non-fissile nuclear radioisotopes, transuranic radioisotopes, cobalt, and beryllium;

Explosive materials, explosive compounds, explosive detonators and fuses, and other components and devices associated with explosive devices;

Military weapons, parts, and ammunition;

Prohibited chemicals;

Incendiary devices and components;

Government documents that are not discontinued or outdated, government identifications, and government licenses, with the exception of those in the public domain;

Illegal items, illegal services, stolen or recalled items, or items that endanger the national security of the United States.

NOTE: We may modify part, or all, of this list at any time.

What are ITAR and EAR?

If your company is involved in the buying, selling, or exporting of any controlled products, services, or related technical data, you are probably already familiar with the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). If not, you need to be! These export control laws are designed to prevent unauthorized foreign nationals from accessing sensitive technologies. This article reviews what ITAR and EAR compliance means, who needs it, and the penalties for non-compliance.

ITAR deals specifically with the export of items and services on the United States Munitions List (USML). EAR nominally deals with the export of everything, though restrictions only apply to items listed on the Commerce Control List (CCL). These are generally items that have both commercial and military applications.

If you or your company intend to export anything, then you need to determine if that item is controlled under ITAR or EAR, and if so, what licenses and procedures must be followed to legally export the item. Moreover, if you share any restricted technology with a foreign person in the U.S., then you must comply with all deemed export requirements.

Export control laws provide for substantial penalties, both civil and criminal. As of Sept 21, 2017, failure to comply with ITAR can result in civil fines as high as $500,000 per violation, while criminal penalties include fines of up to $1,000,000 and 10 years imprisonment per violation. Under EAR, maximum civil fines can reach $250,000 per violation. Criminal penalties can be as high as $1,000,000 and 20 years imprisonment per violation.

ITAR [22 CFR 120-130]	EAR [15 CFR 730-774]
Regulates the export of technology designed specifically for military use.	Regulates the export of everything.
Restricts the export of military items and defense articles specifically, as well as related technical data.	Restricts the export of commercial technology with potential military applications.
Includes space-related technology because of application to missile technology.	Includes many seemingly innocuous technologies that might have military applications.
Strict regulatory licensing ignores commercial or research objectives.	Licensing addresses competing interests and foreign availability, combining commercial and research objectives with national security.

Do you need to be ITAR and EAR compliant?

All sellers, manufacturers, exporters, and brokers of items covered by the United States Munitions List (USML) or the Commerce Control List (CCL), must comply with ITAR and EAR regulations. ITAR applies even to domestic sales of restricted technologies to “foreign persons”.

To help you decide if ITAR/EAR applies specifically to you, see this guide from the Directorate of Defense Trade Controls: Getting Started with Defense Trade.

What is covered by ITAR?

ITAR deals specifically with technologies (Defense Articles, Defense Services, and Technical Data) on the United States Munitions List (USML). This list is published annually on April 1, and it is then amended weekly via publications in the Federal Register. As of Sept 21, 2017, the USML has been updated 30 times since April 1.

Defense Articles

A defense article is anything on the USML. As of Sept 21, 2017, this list includes items in the following categories:

Firearms, Close Assault Weapons, and Combat Shotguns

Guns and Armament

Ammunition / Ordnance

Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines

Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents

Surface Vessels of War and Special Naval Equipment

Ground Vehicles

Aircraft and Related Articles

Military Training Equipment and Training

Personal Protective Equipment

Military Electronics

Fire Control, Laser, Imaging, and Guidance Equipment

Materials and Miscellaneous Articles

Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment

Spacecraft and Related Articles

Nuclear Weapons Related Articles

Classified Articles, Technical Data, and Defense Services Not Otherwise Enumerated

Directed Energy Weapons

Gas Turbine Engines and Associated Equipment

Submersible Vessels and Related Articles

Articles, Technical Data, and Defense Services Not Otherwise Enumerated

The full USML specifies in detail which items in each category are covered. Not all items in these categories are restricted.

Access Aerospace caters specifically to items in the bolded categories above, so sellers of those items in particular need to be fully aware of their ITAR status, and represent that status accurately.

Defense Services

Defense services fall into three main categories:

Providing assistance, including training, to foreign persons on anything related to defense articles. This includes design, development, manufacturing, maintenance, and so on.

Providing foreign persons with controlled technical data (see below).

Military training of foreign units and forces.

Technical Data

Finally, there are three main types of technical data:

Information other than software for the design, development, manufacturing, and so on of defense articles. This includes blueprints, drawings, documentation, and more.

Classified information about the defense articles and defense services listed above.

Software directly related to defense articles.

What to do if you are subject to ITAR:

If you determine that items you wish to export are subject to ITAR, then you must:

Register with the U.S. State Department’s Directorate of Defense Trade Controls.

Obtain the proper licenses for the things you plan to sell or export.

Ensure your policies and procedures are compliant with ITAR requirements.

Make sure someone at your facility is educated about ITAR and trained in how to keep your policies and procedures compliant.

You are responsible for making sure that you are following all relevant ITAR guidelines. There is no program for third-party certification for ITAR compliance — you must set up your systems appropriately and then make sure the rules are followed.

For other common ITAR compliance issues, refer to this checklist from the law offices of Williams Mullen.

What is covered by EAR?

The Export Administration Regulations (EAR) technically cover the export of anything, in that every exported item must be assigned an Export Control Classification Number (ECCN) that defines what type of thing it is. This number then serves as a lookup into the Commerce Control List (CCL), which identifies the export restrictions that apply to that item. As a practical matter, items not included on the CCL (and thus designated “EAR99”) aren’t subject to export restrictions, except with respect to a small group of blacklisted countries.

As of Sept 21, 2017, the CCL has eleven categories (with strange numbering) that only somewhat mirror the ITAR categories:

1. Nuclear and Miscellaneous
2. Materials, Chemicals, Microorganisms and Toxins
3. Materials Processing
4. Electronics
5. Computers

5 Part 1. Telecommunications

5 Part 2. Information Security

6. Sensors and Lasers
7. Navigation and Avionics
8. Marine
9. Aerospace and Propulsion

Each category has five subgroups:

1. Systems, Equipment and Components
2. Test, Inspection and Production Equipment
3. Material
4. Software
5. Technology

The category and subgroup are combined to form the first two digits of the item’s Export Control Classification Number (ECCN).

Note that items on the CCL don’t necessarily require a license for export, depending on the category and destination country. For more complete information, see the U.S. Commerce Department’s website.

What to do if you are subject to EAR:

Every exporter should determine the Export Control Classification Number (ECCN) for all items to be exported, and then look up the export restrictions for those items on the CCL. In most cases, the items won’t be subject to export restrictions, or may be restricted only against sale to proscribed countries. Otherwise, you may be required to apply for an export license from the Commerce Department.

Learn More:

The U.S. Department of State has more information on ITAR.

The Bureau of Industry and Security has a webinar on EAR compliance.

The Bureau of Industry and Security has an Introduction to Commerce Department Export Controls.

International Traffic in Arms Regulations: Are you ITAR Compliant?

ITAR/EAR and Directorate of Defense Trade Controls (DDTC) Quick Action Checklist.

Access Aerospace Export Policy

Sellers on the Access Aerospace website are required to properly represent the ITAR and/or EAR designations for items they list on the Site. Access Aerospace is not responsible for determining product classifications, licensing requirements, applicable sanctions, or restricted party screenings. Buyers and Sellers will be fully responsible for verifying information from each other to determine export classifications, licensing requirements, and applicable government requirements and restrictions, including but not limited to all current sanctions and restricted party screenings.

Sellers are advised that in order to derive the highest revenue for the items that you are selling on AccessAerospace.com, it is in your best interest to include in your listing the Certificates of Conformance and Original Specification Requirements for the component/system you are listing. It is also beneficial to include and identify all Supply Chain Traceability Standards and Documentation pertaining to those components/systems. Parts Equivalency will also provide a potential buyer with the documentation necessary for them to evaluate whatever you list on the Site. Multiple uses will attract many more buyers, if your item(s) can be used in different ways/configurations and can be integrated into different systems.

1. Certificates of Conformance

At a minimum, Conformance Documentation should provide the following:

• Company name and address
• Original Purchase Order number
• Original Part / drawing number
• Complete Descriptions
• Revisions (If other than Initial Release)
• Quantity involved
• Signatures of a responsible representatives of the original supplier
• Representative’s Title
• Date
• A statement certifying to the effect that the products or services provided under the Original Purchase Orders have been manufactured, processed, inspected, and tested in accordance with the provisions of the Purchase Order and as specified in all attached or referenced documents, and are fully acceptable and in complete conformance to all Purchase Order requirements.
• When items are serialized, serial numbers shall be listed on the certification.

The following items shall be completed when applicable:

• Source Manufacturer’s Company Name (If different from supplier)
• Manufacturer’s Part Number
• Manufacturer’s Lot Number
• Serial Number
• Date of Manufacture
• Date Shipped from Manufacturer

2. Inspection/Test Reports (Certificates of Analysis)

Each inspection/Test Report should show compliance with the applicable drawing and/or specification requirements and should include:

• part number,
• applicable drawing and/or specification number with revision letter or number, and
• signature and title of the responsible agent of the supplier.

When serialization has been imposed by the original Purchase Order, such serialization should be a part of the inspection/test report data.

Inspection, measuring and test equipment control procedures to ensure calibration and control of all equipment used in determining conformity.

• Chemical test data reports (if any)
• Physical properties test data reports (if any)
• Visual/dimensional inspection data report
• Functional test data reports defined as operative performance, e.g. mechanical, electronic, hydraulic, salt spray testing, vibration, longevity, wind tunnel, etc.)

3. Traceability Documentation for Space and Aerospace Products

An international quality management system standard, AS 9100 builds on ISO 9001 and adds requirements specific to the aircraft, space and defense industry. For those new to this standard, it combines and harmonizes AS 9000, ISO 9001 and Europe’s prEN 9000-1 quality systems. It also defines specialized areas within an aerospace quality management system such as acquisition traceability, configuration management, product documentation and control of work performed outside the supplier’s facilities.

To satisfy quality requirements of the U.S. Department of Defense (DoD), the National Aeronautics and Space Administration (NASA) and the U.S. Federal Aviation Administration (FAA), suppliers must be able to trace all components of a failing part back to its origin. To do this, and ultimately hold suppliers accountable for providing reliable products, they must have the ancestry of those components on file.

At its core, AS 9100 consists of a Plan-Do-Check-Act cycle that focuses the organization on its key processes, planning, reviewing and continual improvement. From its inception, one of the tenets of AS 9100 has been to mandate what a quality management system must achieve, but not how to achieve it leaving the latter up to the supplier. As a result, the way the requirements of the standard are met can vary dramatically from supplier to supplier.

To illustrate, when a part arrives, it is received into the system, which then issues a receiving transaction number that begins the process of recording all subsequent information and becomes the internal lot number for that part. When the part gets kitted and sent to production, that tracking number is recorded on the stock issue report. This tracking continues as the component becomes part of larger and larger assemblies.

The end result? A build package that includes all routing documents created throughout the process. This package now contains a very detailed built list. Even though this process is only minimally automated, the company knows which parts from which lots were used to build which products and sold to which customers, all while maintaining full traceability for each part back to its origin. Should the need arise, it also makes it possible to produce any associated certificates, test reports and other supporting documentation quickly.

For manufacturers supplying hardware that will be used in space, the requirements for hi-rel and space-qualification vastly exceed those of AS 9100. Considering that repairs are generally impossible for equipment orbiting the Earth, component failure is not an option. For these companies, meeting the AS 9100 standard is considerably less difficult and more like dotting I’s and crossing t’s. Companies must maintain extraordinary levels of traceability, including the serial and lot numbers for every component in an assembly. Traceability must also be maintained from the materials level through plating and a broad array of other functions that are well beyond what is required in AS 9100 as it applies to the aerospace community as a whole.

Whether or not your company is AS 9100 (D) compliant, it is in your direct interest to provide the Supply Chain Traceability Standards that you utilize to identify routing along the way of the manufacturing process. This can be through multiple ID platforms such as GTIN, Lot Numbers or Serial level Identifications. These records must be maintained for a minimum of 5 years after manufacture completion. Providing this Due Diligence Documentation should significantly raise the amount of money potential buyers will bid for your listings.