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  B/E AEROSPACE TERMS OF USE

Welcome to the web site of BE Aerospace, Inc. (“BE Aerospace”). This web site (the “Web Site”) provides general information about BE Aerospace and its products and services. Where appropriate, the term “BE Aerospace” refers both to BE Aerospace and its affiliates.

All users of the Web Site are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the BE Aerospace Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.

BE Aerospace may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the Web Site after the posting of the revised Terms of Use means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of the home page on the Web Site.

1. USE OF THE WEB SITE

You agree to use the Web Site only for lawful purposes. You also specifically agree that:

(a) You will not to do any of the following: (1) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by BE Aerospace, may harm BE Aerospace or users of the Web Site or expose them to liability; (12) disobey policies or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Site or any networks connected to the Web Site; (13) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (14) use any robot, spider or other automatic device, process or means to access this Web Site; or (15) take any action that imposes an unreasonable or disproportionately large load on BE Aerospace’s infrastructure.

.(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by BE Aerospace, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of BE Aerospace. You understand and acknowledge that you are responsible for whatever content you submit, and you, not BE Aerospace, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to BE Aerospace the right to use all content you upload or otherwise transmit to the Web Site in any manner BE Aerospace chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c) To access certain areas of the Web Site, you may be asked to register with the Web Site. It is a condition of your use of the Web Site that all information you provide on the Web Site is correct, current and complete.

(d) BE Aerospace has the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which BE Aerospace, in its sole discretion, deems inconsistent with the foregoing commitments, including any material BE Aerospace has been notified, or has reason to believe, constitutes a copyright or trademark infringement; and (2) terminate any user’s access to all or part of the Web Site. However, BE Aerospace can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, BE Aerospace assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. BE Aerospace reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, BE Aerospace has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Your failure to comply with the provisions of (a), (b), or (c) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.

2. COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to BE Aerospace or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of BE Aerospace. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site without the prior written consent of BE Aerospace, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Modification or use of the content except as expressly provided in these Terms of Use violates BE Aerospace’s intellectual property rights. All contents of the Web Sites are: Copyright © BE Aerospace, Inc., 1400 Corporate Center Way, Wellington, FL 33414. All rights reserved. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with BE Aerospace or the applicable owner of such content. Except as expressly authorized by BE Aerospace in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Web Site, (ii) access to this Web Site or (iii) use of this Web Site or of any services or materials available through this Web Site.

3. TRADEMARKS

The BE Aerospace name, the BE Aerospace logo and all related names, logos, product and service names, designs and slogans are trademarks of BE Aerospace and/or its affiliates. You may not use such marks without the prior written permission of BE Aerospace. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. BE Aerospace and any party that provided trademarks, service marks, and logos to BE Aerospace retain all rights with respect to any of their respective trademarks, service marks, and logos.

4. ONLINE PURCHASES

All purchases made through the Web Site are governed by the applicable BE Aerospace purchase agreement with the entity making the purchase.

5. LIABILITY OF B/E AEROSPACE AND ITS LICENSORS

BE Aerospace does not assume any liability for the materials, information and opinions provided on, or available through, this Web Site (the “Site Content”) or any of the services provided on, or available through, this Web Site, including, without limitation, the Customer Support services (including Service Incident Reporting, Technical Requests, Publication Requests, Requests for Quotes and Warranty) (collectively, the “Site Services”). Reliance on the Site Content and Site Services is solely at your own risk. BE Aerospace disclaims any liability for injury or damages resulting from the use of any Site Content or Site Services.

THE WEB SITE, THE SITE CONTENT, THE SITE SERVICES AND THE PRODUCTS PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BE AEROSPACE NOR ANY PERSON ASSOCIATED WITH BE AEROSPACE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER BE AEROSPACE NOR ANYONE ASSOCIATED WITH BE AEROSPACE WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SITE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BE AEROSPACE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE SITE CONTENT AND SITE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BE AEROSPACE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BE AEROSPACE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE WEB SITE, THE SITE CONTENT OR THE SITE SERVICES. BE AEROSPACE MAKES NO WARRANTIES THAT YOUR USE OF THE SITE CONTENT OR SITE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

IN NO EVENT WILL BE AEROSPACE, ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SITE CONTENT OR THE SITE SERVICES OR ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE SITE CONTENT OR SITE SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY BE AEROSPACE AND WHETHER OR NOT BE AEROSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

6. INDEMNIFICATION

You agree to indemnify and hold harmless BE Aerospace and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Site or the delivery of products, services or information over the Web Site (the “Indemnified Parties”), from any breach of these Terms of Use by you, including any use of Site Content or Site Services other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Web Site.

7. PRIVACY; PROTECTION OF PERSONAL INFORMATION

BE Aerospace’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the BE Aerospace Privacy Policy.

You are prohibited from using any services or facilities provided in connection with the Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, BE Aerospace reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. BE Aerospace reserves the right to investigate suspected violations of these Terms of Use.

BE Aerospace reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BE Aerospace to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS BE AEROSPACE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BE AEROSPACE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BE AEROSPACE OR LAW ENFORCEMENT AUTHORITIES.

8. COMMENTS AND SUBMISSIONS

BE Aerospace welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by BE Aerospace or its advertisers or business partners in response to solicitations on this Web Site will become BE Aerospace’s property and you agree that all intellectual property rights therein are transferred to BE Aerospace. You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site are non-confidential for all purposes.

You hereby grant to BE Aerospace the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics or other information communicated to BE Aerospace through the Web Site (together, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. BE Aerospace will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and BE Aerospace will not incur any liability as a result of its use of any Submission in connection with future BE Aerospace operations. BE Aerospace will treat any personal information that you submit through the Web Site in accordance with its Privacy Policy.

9. LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES

The Web Site may be hyperlinked to other sites which are not maintained by, or related to, BE Aerospace. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Web Site or BE Aerospace. BE Aerospace has not reviewed any or all of such sites and is not responsible for the content of those sites. BE Aerospace is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

10. DEALINGS WITH OTHER MERCHANTS

If you choose to correspond or engage in transactions with any merchant found on or through the Web Site, you acknowledge and agree that BE Aerospace is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that BE Aerospace will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Web Site.

11. COMPLIANCE

The owner of this Web Site is based in the State of Florida, USA. BE Aerospace makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

12.0CONTACT

If you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use please contact: Ryan M. Patch, Esq., Vice President Law & General Counsel, BE Aerospace, Inc., 1400 Corporate Center Way, Wellington, FL 33414, Telephone: 561-791-5000; or email us at copyright@beaerospace.com.

13. MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near West Palm Beach, Florida. You agree to submit to the jurisdiction of such courts.

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and BE Aerospace with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

You agree that no joint venture, partnership, or agency relationship exists between you and BE Aerospace as a result of these Terms of Use or your use of the Web Site.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

BE Aerospace’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and BE Aerospace nor any trade practices shall be deemed to modify these Terms of Use.

These Terms of Use were last updated on April 30, 2012.

 
 
© 2008 BE AEROSPACE, INC. PRIVACY POLICY TERMS OF USE