Terms of Use

Please read these Terms of Use (“TOU”) carefully before using this website.

This website is provided by Evolutionary Flight Training (“EFT”) and may be used for informational and educational purposes only and does not alone provide all necessary training for obtaining a pilot’s license or to complete all aspects of flight training. By accessing, viewing, downloading or using any information or materials available at this website, you acknowledge that EFT is not responsible for the success of your training and you agree to be legally bound by the following TOU. EFT reserves the right to update the TOU at any time without notice. By using this website, you acknowledge and agree to these limitations as set forth herein. If you do not agree to abide by these TOU, please do not use or view this website or download any materials from this website.

DESCRIPTION OF SERVICES

This website provides access to a variety of resources (“Services”) in the field of aviation and may include a Members Only section that can be accessed only by EFT staff and members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these TOU.

USE OF CONTENT

Use of the Services is for personal, informational and educational use only. Subject to the terms set forth herein, EFT grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the materials thereon. EFT may revoke this right at any time, with or without notice, for any or no reason.

You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by EFT. Elements of EFT websites are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to EFT is licensed or otherwise published by EFT with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

REGISTRATION WITH EFT

Some of the Services on this website may require you to register with EFT. If you do register with EFT, you are required to keep close control over your website ID and any passwords, as stated in more detail below.

If you want to use any of the Services on this website that requires you to register with EFT, you agree to be bound by these TOU, to complete the registration process and to provide EFT with current, complete and accurate personal and demographic information as prompted by the applicable registration form and to promptly update such information as necessary to ensure it is kept complete and accurate. Registration information becomes the non-exclusive property of EFT and may be used by EFT for market research, marketing, improvements to EFT’s Services, and for such other purposes as determined by EFT.

Upon registering, it is your sole responsibility for maintaining the confidentiality of your password and website ID. You are responsible for activities that occur under your password or website ID. You agree to notify EFT immediately of any unauthorized use of your password or website ID or any other breach of security. You agree to log out of this website after every session so as to protect your password and website ID from breaches of security and to enhance the access to EFT for those still accessing this website. EFT will not be responsible or liable, directly or indirectly, in any way for any loss or damage that you may incur as a result of or in connection with someone else using your password or website ID, either with or without your knowledge. However, you could be held liable for losses incurred by EFT or another party due to someone else using your website ID or password if you have been negligent or have willfully aided, abetted, assisted, or acquiesced in that misuse. You may not use anyone else’s password or website ID at any time, without the permission of the bona fide holder.

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:

Use the Services in connection with surveys, contests, promotions, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Upload, post, email, otherwise transmit, or post links to EFT with respect to any raffle, contest or game requiring a fee by participants.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, post, email, otherwise transmit, or post links that exploit the images of children under the age of 18, or that disclose personally identifying information belonging to children under 18 or harm minors in any other way or make any sexual request on behalf of a minor or make any sexual request of a minor.
“Stalk” or otherwise harass another.
Use, download or otherwise copy, or make available (whether or not for a fee) to a person or entity: any directory of users of the Services or other user or usage information or any portion thereof;
Upload, download, use, or otherwise copy, or make available (whether or not for a fee) any file(s) that contain text, images, photographs, software or other material protected by trade secret, or any intellectual property laws, including, by way of example, and not as limitation, copyright or trademark or service mark or patent laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Modify, publish, transmit, settle, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit EFT database other than for the limited purposes for which material is licensed for your use.
Use or exploit any part of this website or as the content of, a service offered or supplied to other persons or entities without the express written consent of EFT. For example, and not by way of limitation, you will not create a site or maintain a site that links to this website for the purpose of using, indexing, reformatting, or searching and retrieving, material from this website for the benefit of users of your website, without our knowledge and express consent; EFT wants those users to come directly to this website to obtain material as EFT has spent considerable time, effort, and financial resources to build and maintain the website and to attract submissions of materials, and to attract a wide base of users.
Upload, post, email, otherwise transmit, or post links to, any content that facilitates hacking or that promotes any illegal activity, including instructions for illegal activity.
Upload files that contain viruses, worms, trojan horses, time bombs, trap doors, cancelbots, corrupted files, or any other similar software or programs or malicious code that may damage the operation of another’s computer or property of another or are intended to interrupt, destroy or limit the functionality of EFT.
Use automated means, including spiders, robots, crawlers, agents, or the like to download data from any database of EFT, or from the website itself (for example, site or page scraping is prohibited). RSS feeds nmay be set up upon request.
Exploit known or unknown weaknesses of the scripts or servers to disrupt or alter the website’s operation.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communications Service specifically allows such messages.
Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Service.
Harvest or otherwise collect or store information about others, including e-mail addresses.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Impersonate any person, including an employee, contractor, forum leader, guide or host of EFT or falsely state or otherwise misrepresent your affiliation with a person or entity.
Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through EFT.
Create multiple accounts with the purpose of altering polls or affecting voting.
Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to EFT community or the spirit of these Terms of Use.
Breach any posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

EFT does not control or endorse the content, messages or information found in any Services, and is not and cannot be responsible for content, messages or information, or the accuracy, integrity, or quality thereof. EFT will not be responsible for any reliance or decisions made based on such content, messages or information. EFT specifically disclaims any liability with regard to the Services, and any actions resulting from your participation in any Services and use of any Material. Managers, administrators and hosts may not be authorized spokespersons of EFT, and their views do not necessarily reflect those of EFT.

Nothing submitted to EFT or to any Communications Services on this website shall be deemed confidential. Do not reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. You must not reveal the health or other private information of third parties without their knowledge and consent.

All materials are the sole responsibility of the contributor(s) providing or posting such material. EFT does not guarantee a person’s identity. Do not assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Content may include material that some persons will find offensive, indecent or objectionable. Always use caution when giving out any personally identifiable information in any of the Services and/or Communication Services.

Be respectful of each other, and please recognize that EFT is not responsible for the acts of of others within the Communication Services.

COPYRIGHTS

All content in this website (“Content”) is subject to copyright protection and it is either owned or used with permission by EFT. EFT disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with EFT.

Except as set forth in these TOU or in the text of this website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, and non-networked viewable use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in these TOU may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right, law or statute.

EFT respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this website, please send EFT a written notice that includes all of the following:

(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;

(ii) a description of the copyrighted work that you claim has been infringed or if multiple copyright works, a representative list of such works;

(iii) identification of the material that is claimed to be infringing or to be the subject of the infringing activity that is to be removed or access to which is to be disabled, and the URL of the site and a description of where the material that you claim is infringing is located on that site;

(iv) your address, telephone number, and e-mail address;

(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

(vii) your electronic or physical signature.

EFT will only receive Digital Millennium Copyright Act (“DMCA”) notices by mail, or e-mail at the addresses below:

By Mail:

Brian Konsko

133 Milltown Rd

Bridgewater NJ, 08807

By E-Mail: admin@evolutionaryflighttraining.com

EFT may elect to not respond to DMCA Copyright Infringement Notices that do not comply with all of the foregoing requirements, and EFT may elect not to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. The administrator or owner of an affected website that is the subject of a DMCA Copyright Infringement Notice or the provider of any affected content may make a counter notification pursuant to Section 512 of the DMCA, and after receipt of such has counter notification, EFT may reinstate the material or link in question. If you have additional questions you may telephone EFT at (908) 963-9059.

INFORMATION OR MATERIALS PROVIDED BY YOU OR POSTED BY YOU

If you contribute information, documents or materials (in any form or media), you give EFT the rights necessary to edit and post and maintain your information, documents or materials (and the edited version), and to prevent unauthorized uses by End Users of material that EFT edits. End Users are given rights to read your material, but no rights to republish or otherwise distribute your material. EFT will retain your copyright notices, and can publish your name and webite ID with your posting. If EFT edits your information, documents or materials, EFT will own the edited version, and you will own your original version. If your material has been previously published, that publisher may have rights, and if so, you must obtain all consents before posting any information, documents or materials on this website. If your material contains images, audio, or video, EFT requires that you have obtained consents from all persons depicted, seen, or heard, the owners of any places depicted, and any other rights holders.

EFT does not want you to, and you should not, send any confidential or proprietary information through this website, nor should you post any confidential or proprietary information on this website, unless specifically requested by EFT. Please note that any unsolicited information or material sent to EFT or posted on this website will be deemed not to be confidential or proprietary. By submitting information and material to this website or posting information and material on this website, you grant to EFT (or warrant that the owner of such information and material has expressly granted to EFT) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that EFT is free to use any ideas, concepts, know-how or techniques that you send to EFT or post on this website for any purpose.

EFT does not want to receive, and you are deemed to agree through the use of this website not to provide, any information or materials to EFT that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. If you provide any such information, it is agreed that you are solely responsible and liable for any damages or other harm resulting from such submission.

You shall not upload, post or otherwise make available on this website any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

LIMITS OF LIABILITY

EFT makes no warranties or representations of any kind that the Services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any representations or warranties, express or implied, of any kind, including, but not limited to warranties of merchantability, reliability, accuracy, validity, timeliness, usefulness, completeness, title, noninfringement or fitness for any particular purpose. In no event shall EFT, its agents, or anyone else who has been involved in the creation, production, or delivery of these website pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

With respect to goods or services purchased directly from EFT through the website, EFT’s liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods, if EFT so chooses.

EFT assumes no responsibility and shall not be liable for any damages to, or any viruses that may infect, your computer equipment resulting from your access to or use of this website, or the downloading of any information or materials from this website.

DISCLAIMER

WHILE EFT HAS MADE REASONABLE EFFORTS TO INCLUDE INFORMATION AND MATERIALS AT THIS WEBSITE WHICH ARE ACCURATE AND TIMELY, THIS WEBSITE AND THE INFORMATION AND/OR MATERIALS AVAILABLE THEREON MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. EFT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. EFT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. EFT MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.

THIRD PARTY WEBSITES

As part of the Services provided on this website, EFT may provide links to websites operated by other entities. If you access and use these links, you will leave this website. If you decide to visit any linked website, you do so at your own risk. Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this website. Links to other websites are provided by EFT as a convenience to its users. EFT is not responsible for the materials contained at any website linked to this site and EFT makes no warranty or representation regarding any linked website or the information appearing thereon or any of the products or services described thereon.

EXTERNAL LINKS TO THE WEBSITE

All links to the website must be approved in writing by EFT, except that EFT consents to links in which:

a. the link is a text-only link containing only the name “Evolutionary Flight Training”;

b. the link “points” only to www.evolutionaryflighttraining.com and not to deeper pages;

c. the link, when activated by a user, displays the websites homepage in a full-screen and in a fully operable and navigable browser window and not within a “frame” containing any advertising material on the linked website; and

d. the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products or services are associated with or sponsored by EFT nor damage or dilute the goodwill associated with EFT

EFT reserves the right to immediately, without prior notice, revoke this consent to link to this website at any time and in its sole discretion.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any EFT website, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any EFT server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF COMMUNICATION SERVICES

The Communication Services may contain forums, calendars, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:

1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

2. Advertise or offer to sell or buy any goods or services.

3. Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

4. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

5. Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

7. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

8. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service.

9. Harvest or otherwise collect information about others, including e-mail addresses.

10. Violate any applicable laws or regulations.

11. Create a false identity for the purpose of misleading others.

12. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

EFT reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. EFT reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information in any Services. EFT does not control or endorse the content, messages or information found in any Communication Services and, therefore, EFT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

INDEMNITY AND LIMITATIONS OF DAMAGES

You shall indemnify and hold harmless EFT, its officers, directors, shareholders, subsidiaries, and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding or settling, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.

IN NO EVENT SHALL EFT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF EFT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.