CFM International, Web Portal Terms and Conditions

1. General

This Web site (“Site”) is provided by the CFM International which for the purpose herein shall be deemed to include its parent and affiliated companies ("CFM" “we” or “us”) subject to your acceptance of the terms and conditions set forth in these terms and conditions ("Terms").

Your access to and use of this site is authorized and controlled by a contractual relationship your company or agency has with CFM which is governed by one or more underlying existing agreements, which may include General Terms Agreements, service agreements, or maintenance agreements (“Existing Agreements”). Unless otherwise set forth herein, in the event of a conflict between specific terms of these Terms and specific terms of another Existing Agreement you may have with us, the terms of such other Existing Agreement shall control to the extent necessary to eliminate such conflict.

Please read these Terms carefully before accessing, browsing or using this Site. By accessing the Site, you agree that you have read, understood and have become legally bound by the following terms and conditions. If you do not wish to be legally bound by these terms and conditions, you should not access or use this Site. If you are using the Site on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that organization with the authority to bind the organization to these Terms.

2. Electronic Communications

When you visit the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. License and Site Access

Except as provided in these Terms, all content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by CFM, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.

We grant you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CFM. This license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Terms and/or Existing Agreements.

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CFM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CFM without express written consent. You may not use any meta tags or any other “hidden text” utilizing CFM’s name or trademarks without the express written consent of CFM. Any unauthorized use terminates the permission or license granted by CFM.

4. Your Account

The Site requires you to open an account. Please complete the registration process by providing us current, complete and accurate information. If you are part of an organization (or other entity), we ask that your account relate to the email domain from your company. Please do not select a user name or identifier that is vulgar, offensive, impersonates a third party, is illegal, or protected by proprietary rights you do not hold. We reserve the right to reject user names in our sole discretion.

As the user of the Site, you are responsible for all activities that occur under your account. You must also maintain in confidence all passwords and other credentials associated with your use of the Site. Promptly notify us if you suspect that your account is or has been misused, or to report any other security incident relating to your account. Subject to the terms of any Existing Agreement, CFM reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice.

CFM reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice, including, without limitation, if your use of the Site (i) poses a security risk to our systems, the Site, or our other customers, (ii) is likely to adversely impact our systems, the Site, or our other customers, (iii) may subject us, our affiliates or subcontractors to material liability, or (iv) may be fraudulent. We will promptly restore access upon resolution of the underlying issue.

5. Your Data

Visitors to the Site may post reviews, comments and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CFM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. In addition to any submitted content, you may provide or have provided data to us (including, without limitation, flight data) in order to enable us to provide you with access to tools and information on the Site. Notwithstanding anything to the contrary in the Existing Agreements, you grant CFM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, create derivative works from, such data and content in order to provide the Site, and for CFM and its affiliate’s internal business purposes. You grant CFM and sublicensees the right to use the name that you submit in connection with such content, if we choose.

You represent and warrant that you own or otherwise control all of the rights to the content, including any third party content, that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CFM for all claims resulting from content you supply. CFM takes no responsibility and assumes no liability for any content posted by you or any third party.

6. Data Protection

CFM undertakes to comply with the national and European regulations regarding data protection and in particular to only use personal data for the purpose of performing the Site, to implement all the necessary measures of security and confidentiality in order to protect personal data collected and processed.

7. Electronic Signatures and Online Purchases

Certain applications and tools on the Site may allow you to place orders for the purchase of goods from us, execute a warranty assignments or delegations, or execute other legally binding agreements on behalf of your company. These activities may be by one or more electronic methods that indicate your intention to legally bind your company, including but not limited to clicking buttons on the Site that state "Buy" or "I accept" or "I approve" or "Sign" ("Electronic Signatures"). You agree that Electronic Signatures constitute legally valid, binding signatures that have the same force and effect as ink signatures on paper format. In addition, you understand and agree that any purchase of goods or other transaction through the Site will be governed by the terms of your Existing Agreement.

8. Linking

The Site may from time to time provide a link to other web sites or other Internet information sources (“Third Party Sources”). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by CFM of, or responsibility for, the third parties or the Third Party Sources or any content, services or products available on or through such Third Party Sources. CFM is not responsible for any losses, damages or other liabilities incurred as a result of your use of any Third Party Sources.

9. Disclaimer of Warranties; Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CFM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE EXISTING AGREEMENT. CFM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CFM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CFM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR E-MAIL SENT FROM CFM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE SITE IS NOT INTENDED TO MANDATE ANY IN-FLIGHT, AIRWORTHINESS OR SAFETY DECISION. IN-FLIGHT, AIRWORTHINESS, OR SAFETY OF FLIGHT RECOMMENDATIONS OR DECISIONS ARE SOLELY YOUR RESPONSIBILITY AND MUST BE MADE BY YOU INDEPENDENTLY.

YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE SET FORTH IN THE EXISTING AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CFM NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, CFM’s REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CFM, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CFM, ITS PARENT COMPANIES AND THEIR AFFILIATES, NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOU AND CFM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. 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, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless CFM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from or relating to any violation of these Terms by you. This provision does not modify, supersede, or otherwise affect any indemnification provisions in any of your Existing Agreements. FOR THE AVOIDANCE OF DOUBT THE TERM CFM AS USED HEREIN SHALL BE DEEMED TO INCLUDE CFM, GE, SAFRAN AIRCRAFT ENGINES, AND THEIR RESPECTIVE SUBSIDIARIES AND/OR AFFILIATES, ASSIGNS, SUBCONTRACTORS, SUPPLIERS, AND THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS OF EACH.

11. Trademarks and Copyrights; Infringement Notice

Trademarks, logos and service marks displayed on the Site are registered and unregistered trademarks of CFM International, its subsidiaries, affiliates, licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. CFM reserves all rights not expressly granted in and to the Site and its content. The Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

CFM abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a website that is controlled or operated by CFM that is claimed to be infringing. We will also make a good-faith attempt to contact the person or account holder who submitted the affected material so that they may have an opportunity to provide a counter notice.

While CFM may link to third party websites, CFM does not control content hosted on such third party websites and cannot remove content from websites it does not own or control. If you are the copyright owner of content hosted on a third party website, please contact the administrator of that website directly to have the content removed.

To send a notice of infringing material on the Site, please provide a notification in accordance with DMCA Section 512(c)(3) containing the following details:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (for example: a software project name or file, title, author, any registration or tracking number, URL).
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CFM to locate the material (for example a link to the page that contains the material).
• Information reasonably sufficient to permit CFM to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If material that you have posted to the Site has been taken down, you may send a counter notice in accordance with DMCA Section 512(g)(3) that contains the following details:

• A physical or electronic signature of the account holder;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• The account holder’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which CFM may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

All notifications and counter notices should be addressed to:
By Mail:
DMCA Agent: Sean Merrill
Attn: Corporate Trademark
901 Main Avenue
Norwalk, CT 06851
Fax: +1 203 229 7330
Phone: +1 203 229 3530
By Email: sean.merrill@ge.com

12. Survival

The terms and obligations contained in Paragraphs 9, 10, 11 and 13 shall survive to such termination.

13. Entire Agreement, Dispute Resolution, and Applicable Law

1. These Terms together with any Existing Agreement constitute the entire agreement between CFM and you with respect to your use of the Site. No waiver by CFM of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition of the Existing Agreement, and any failure of CFM to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If for any reason, any provision of these Terms or any portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of these Terms shall continue in full force and effect.
2. We agree that these Terms will be construed, interpreted and applied in accordance with the law of the State of New York, USA, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of the State of New York and of the United States. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
3. We will try to resolve any dispute relating to the performance or interpretation of these Terms amicably within sixty (60) days. In the event we do not, the Dispute will be settled and finally determined by binding arbitration in accordance with the International Chamber of Commerce arbitration rules") in New York, New York, USA, (unless otherwise set forth in the Existing Agreement the following) by one or more arbitrators appointed in accordance with said Rules. Either of us may take appropriate action as may be required under applicable law for the enforcement of such arbitration award. If a dispute arises and the arbitration provision specified above becomes unenforceable for any reason, we agree that the jurisdiction over and venue of any suit arising out of or relating to these Terms will be exclusively in a federal or state court of competent jurisdiction.

14. Changes to These Terms

CFM reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Site after any changes to the Terms or other policies means you accept the changes.

15. Contact Us

If you have any questions or comments about these Terms or the Site, please contact us by email. If you use an email address to log into the portal, please email cfm.csc@safrangroup.com. If your user name is an alphanumerical number, please contact us by email at Aviation.Fleet.Support1@ge.com