These Terms of Service govern your use of the website located at https://www.rhodiumcode.com and any other websites, games, software and services that display or include these terms provided by Rhodiumcode LLC ("Rhodiumcode", "we", "us" or "our"). These websites, games, software and services are collectively referred to as the "Services."

Please read these terms carefully before start using the Services. By using the Services you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you must not use the Services.

THESE TERMS CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND RHODIUMCODE LLC AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION (SEE BELOW).

We reserve the right to review and amend any of these Terms of Service at our sole discretion. Any changes to these Terms of Service will take effect immediately from the date of publication.

You agree to periodically check the website https://www.rhodiumcode.com/terms for any changes to these Terms of Service.

These Terms of Service were last updated on 27 March 2024.

1. Conditions of Use

By using the Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained in the Services;
2. remove any copyright or other proprietary notations from any materials and software in the Services;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use the Services or any of its associated services in a way that abuses or disrupts our networks or any other service Rhodiumcode LLC provides;
5. use the Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use the Services in violation of any applicable laws or regulations;
7. use the Services in conjunction with sending unauthorized advertising or spam; or
8. use the Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

You agree not to use the Services in any way related to real world aviation, including but not limited to, flight training or certification, flight planning or operations, aircraft maintenance or repairs.

2. Intellectual Property & License Grant

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or their legal owners, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

3. Limitations of Liability

The Services and the materials in the Services are provided on an 'as is' basis. To the extent permitted by law, Rhodiumcode LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Rhodiumcode LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Services or the materials in the Services, even if Rhodiumcode LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

4. Accuracy of Materials

The materials appearing in the Services are not comprehensive and are for general information purposes only. Rhodiumcode LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in the Services, or otherwise relating to such materials or on any resources linked to the Services.

5. Links

Rhodiumcode LLC has not reviewed all of the sites linked to the Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Rhodiumcode LLC of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

6. Right to Terminate

We may suspend or terminate your right to use the Services and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

7. Privacy Policy

We care about data privacy and security. Please read our privacy policy carefully, it contains information about data we collect from you and how we will use them.

8. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

9. Dispute Resolution

Please read this section carefully. It affects your rights, including your right to file a lawsuit in court

Most issues can be resolved quickly and amicably by by contacting us at hello@rhodiumcode.com or+1-888-331-2489.

9.1 Informal Negotiations

If you have an issue that our support cannot resolve, to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

9.2 Binding Individual Arbitration

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You and Rhodiumcode agree that Disputes will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms. This means that You and Rhodiumcode agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute. JAMS uses experienced professionals to arbitrate disputes, which helps You and Rhodiumcode resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim. The arbitrator's decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can enforced like any other court order or judgment.

9.3 Arbitration Procedures

To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy to Rhodiumcode LLC, ATTN: ARBITRATION OF DISPUTE, 1049 El Monte Ave. Ste C. #883, Mountain View, CA, 94040, USA. Rhodiumcode will send our copy to your registered email address and any address You have provided us. The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience in resolving intellectual-property and commercial-contract disputes. You and Rhodiumcode both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms. If an in-person hearing is required, the hearing will take place in Sonoma County, California. The arbitrator (not a judge or jury) will resolve the Dispute. Unless You and Rhodiumcode agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator's essential factual and legal findings and conclusions. The arbitrator may only award legal or equitable remedies that are requested by You or Rhodiumcode to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator may not award relief against Rhodiumcode respecting any person other than You. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

9.4 Arbitration Fees and Location

If You start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations. In some situations, Rhodiumcode will help with your fees to (hopefully) get us to a resolution quickly and fairly: If You demonstrate that arbitration costs will be prohibitive compared to litigation costs, Rhodiumcode will pay as much of your JAMS costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). Even if Rhodiumcode wins the arbitration and the applicable law or the JAMS Rules allow Rhodiumcode to seek our portion of the JAMS fees from you, we won't. The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”. If the arbitrator finds You brought an arbitration claim against Rhodiumcode for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the JAMS rules. JAMS costs do not include your Attorneys' fees and costs and Attorneys' fees and JAMS costs are not counted when determining how much a dispute involves.

9.5 Notice and Filing

If a Dispute must be arbitrated, You or Rhodiumcode must start arbitration of the Dispute within one (1) year from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than one years after the Dispute first arose, you must start arbitration in that earlier time period. Rhodiumcode encourages You to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.

9.6 Class Action Wavier

To the maximum extent permitted by applicable law, You and Rhodiumcode agree to only bring Disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations. If this Class Action Waiver is found invalid, unenforceable, or illegal, You and Rhodiumcode agree that it will not be severable; this entire Dispute Resolution section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms. Under no circumstances shall arbitration be conducted on a class basis without Rhodiumcode's express consent.

9.7 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) pursuit of enforcement actions through a government agency if the law allows; (2) a complaint or remedy under the EU General Data Protection Regulation; (3) an action to compel or uphold any prior arbitration decision; (4) Rhodiumcode's right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration proceeds; and (5) claims of piracy and intellectual-property infringement.

9.8 Continuation in Effect

This Dispute Resolution section survives any termination of these Terms or Rhodiumcode's provision of services to You.

9.9 Future Changes to Dispute Resolution Section

Although Rhodiumcode may revise these Terms in its discretion, Rhodiumcode does not have the right to alter these Terms to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times though we will make reasonable efforts to do so. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

11. Severability

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable unless otherwise specified. The validity of the remainder of these Terms of Service is not affected.

12. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Sonoma County, California, USA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

13. Miscellaneous

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

14. Entire Agreement

These Terms of Use and any policies or operating rules, such as but not limited to, Privacy Policy, posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.