Terms of Use

General
Cal-Aero Services, Inc. and, its subsidiaries and affiliates (collectively "Cal-Aero") provide you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the "Services," which will be defined more under the Section, "Services."). Access to and use of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.

Services
The Services include Cal-Aero Search (located at www.cal-aero.com) (the "Search Services"). The Services may also be located on third party web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Our Search Services enable you to search the World Wide Web for anything that interests you, whether, for example, it is fly fishing, medical research or digital cameras. We may provide you with search listings of advertisers of Cal-Aero (as well as search listings provided to Cal-Aero by a third party to supplement the advertiser listings) that help you find what you are looking for.
A little more detail:
The Services act as a system or venue to introduce you to buyers and sellers of goods and services and providers of information. Cal-Aero uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of content not offered by Cal-Aero. Cal-Aero does not control (i) the quality, safety or legality of items available through or on its advertisers' Web sites or sites of third parties not in privity of contract with Cal-Aero, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. Cal-Aero is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Cal-Aero does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Cal-Aero is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you agree to release and hereby release Cal-Aero (and Cal-Aero's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. CAL-AERO DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Cal-Aero's Potential Liability for the Services is Limited
NEITHER CAL-AERO NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. CAL-AERO WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF CAL-AERO, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Defamation, Copyright and Trademark Claims
Cal-Aero is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.
Further, Cal-Aero is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Cal-Aero has designated an agent to receive notifications of alleged copyright infringement on the Services:

Business and Legal Affairs
Cal-Aero Parts & Services
2210 Trinway Ave.
Simi Valley, California 93065-1858

In notifying Cal-Aero of alleged copyright infringement, you must include the following information:

• A description of the copyrighted work that is the subject of claimed infringement
• A description of the infringing material and information sufficient to permit Cal-Aero to locate the alleged material
• Contact information for you, including your address, telephone number and/or e-mail address
• A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law
• A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed
• A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf

Objectionable Material and Family Filtering
Cal-Aero encourages you to use discretion when browsing the Internet or using the Services. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is a concern for you, Cal-Aero encourages you to use the adult filtering service that may be provided by Cal-Aero. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services.
If you come across any site that you believe contains child pornography or other illegal material, please contact termsofuse@Cal-Aero.com and we will contact the authorities as appropriate.

Privacy and Data Collection
Cal-Aero does not collect personally identifying information from users of the Services unless users have explicitly given such information to Cal-Aero (for example, when becoming an advertiser or when sending us an e-mail with a question or as part of a contest). Cal-Aero's information practices are further described in its privacy policy. Cal-Aero's privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with Cal-Aero (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read our privacy policy. You should consider any communication that you transmit to Cal-Aero (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Cal-Aero will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Control over Features, Functions, and Access to the Services
Cal-Aero reserves the right to change any information, features and functions of the Services without prior notice. Cal-Aero may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Cal-Aero determines, in its sole discretion, violate this Agreement, the rights of Cal-Aero or any third party, or is otherwise inappropriate.

Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Cal-Aero's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Cal-Aero may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, as necessary to protect the rights or property of you or Cal-Aero.

Notice
You may direct any questions concerning this Agreement to:

Cal-Aero Parts & Services
2210 Trinway Ave.
Simi Valley, California 93065-1858

Amendment
Cal-Aero may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Cal-Aero.
This agreement was last revised on October 31, 2005.