Welcome to ClearSkies Geomatics Inc.’s online marketplace platform https://www.aerialsurvey.com (the “Site”). The Site is an online marketplace for users to buy and sell unmanned aerial systems, unmanned aerial vehicles, and equipment (“UAS”) and is comprised of various web pages operated by ClearSkies Geomatics and/or its Affiliates (businesses that are legally part of the same group of companies that ClearSkies Geomatics is part of, or that become part of that group including, but not limited to, Bluebird Geo, Ltd., all of whom taken together shall be referred to as “ClearSkies Geomatics”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). By accessing or using the Site, you agree to be bound by the Terms.
Please read these Terms carefully and keep a copy of them for your reference. These Terms affect your legal rights and obligations. If you do not agree to be bound by all these Terms, do not access or use the Site.
Your use of the Site is subject to Clear Skies Geomatics’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. We have in place what we believe to be reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of this Site, we can not and do not warrant or guarantee the absolute safety and security of your data.
Visiting the Site or sending emails to ClearSkies Geomatics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site to sell products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Only approved subscribers have the ability to modify their personal information and delete their ads as needed. You may not assignor otherwise transfer your account to any other person or entity. You acknowledge that ClearSkies Geomatics is not responsible for third party access to your account that results from theft or misappropriation of your account. ClearSkies Geomatics reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security, of which you become aware. However, you may be held liable for any direct or indirect losses incurred by ClearSkies Geomatics or any other user of, or visitor to, this Site as a result of someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.
Children under the age of 13 are not allowed to create an account or otherwise use the Site. In order to purchase products from the Site or to use the Site to sell a product or service, you must be at least eighteen (18) years of age and be authorized to use a credit card. Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or other wise use the Site, or we need to have received verifiable consent from your parent or legal guardian. If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these Terms. If you don’t have the legal authority to bind the applicable entity, please do not access or use the Site. ClearSkies Geomatics reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in the exercise of its sole discretion.
Sellers listed on our Site hereby represent and warrant to ClearSkies Geomatics that all information provided is true and correct and agree that they will provide their products to Buyers in accordance with all applicable laws and regulations. Each such Seller hereby agrees to indemnify and hold harmless ClearSkies Geomatics from any claims, losses, damages, liabilities and costs including reasonable legal fees and expenses, arising out of Seller’s supply of products to any Buyers referred to it through the use of the Site.
Buyers making purchases on our Site hereby represent and warrant to ClearSkies Geomatics Geomatics Inc. that all information provided to us is true and correct and agree that all products purchasers or otherwise secured through use of this Site will be used for the purpose for which is agreed between purchaser and supplier. Each such purchaser hereby agrees to indemnify and hold harmless ClearSkies Geomatics Geomatics Inc. from any claims, losses, damages, liabilities, and costs including reasonable legal fees and expenses, arising out of its purchaser of or other access to products to any purchaser referred to it through the use of the Site.
You may cancel your subscription at any time. Once you have been granted a subscription, no refunds are offered. Please contact us at aerialsurvey@aerialsurvey.com with any questions.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under ClearSkies Geomatics’ control and ClearSkies Geomatics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ClearSkies Geomatics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ClearSkies Geomatics of that site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.aerialsurvey.com domain, you hereby acknowledge and consent that ClearSkies Geomatics may share such information and data with any third party with whom ClearSkies Geomatics has a contractual relationship in order to provide the requested product, service or functionality on behalf of the Site’s users and customers. ClearSkies Geomatics does not control any of these third-party sites or any of their content. You expressly acknowledge and agree that ClearSkies Geomatics is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the Site are solely between you and the third party.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to ClearSkies Geomatics that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All Content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ClearSkies Geomatics or its suppliers and is protected by trademark, service mark, copyright, and other proprietary rights notices, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all such proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto.
Further, you agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ClearSkies Geomatics’ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of ClearSkies Geomatics and the copyright owner [such as posting photographs of product(s)that belong to a third-party]. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ClearSkies Geomatics or its licensors except as expressly authorized by these Terms.
The following activities are strictly prohibited:
The Service is controlled, operated, and administered by ClearSkies Geomatics from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ClearSkies Geomatics’ Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree that you shall not post, upload or transit content, materials, information, or material involving aerial survey equipment or systems located in any country or region that is the subject or target of U.S. or EU comprehensive economic sanctions (including, without limitation, Cuba, Iran, North Korea, Sudan, Syria, and the Crimea region of Ukraine, or any other then-current country or region) or that involve any individual or entity designated on any restricted party list administered under any U.S., EU, or other applicable laws related to economic or trade sanctions (“Sanctions Laws”) or under any export control laws of the United States, EU, or any relevant EU Member State (“Export Control Laws”), including without limitation, the U.S. Department of the Treasury, Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List and the EU Consolidated List, or with any individual or entity that is in the aggregate, fifty percent (50%) or greater, owned or controlled by any such person, in each case, to the extent such dealings or transactions are in violation of Sanctions Laws or Export Control Laws. Any violative listing will be removed by ClearSkies Geomatics.
You (and any third party for whom you operate an account or activity on the Site) agree to defend (at ClearSkies Geomatics’ request), indemnify and hold ClearSkies Geomatics harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following(including as a result of your direct activities on the Site or those conducted on your behalf): (i) your access to or use of the Site, including inability to use; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v)any misrepresentation made by you. You will cooperate as fully required by ClearSkies Geomatics in the defense of any claim. ClearSkies Geomatics reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ClearSkies Geomatics.
Except if you opt-out or for disputes relating to: (1) your or ClearSkies Geomatics’ intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions 8, 9 and 11above [under Prohibited Activities] above ("Excluded Disputes"), you agree that all disputes between you and ClearSkies Geomatics (whether or not such dispute involves a third party) with regard to your relationship with ClearSkies Geomatics, including without limitation disputes related to these Terms, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and ClearSkies Geomatics hereby expressly waive trial by jury.
As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf.
Neither you nor ClearSkies Geomatics will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if ClearSkies Geomatics is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and twenty (120) days of filing the case, the neither ClearSkies Geomatics or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services(“JAMS”).
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. The prevailing party shall be entitled to recover is costs and reasonable attorney’s fees.
You may opt out of this agreement to arbitrate. If you do so, neither you nor ClearSkies Geomatics can require the other to participate in an arbitration proceeding. To opt out, you must notify ClearSkies Geomatics in writing within thirty (30)days of the date that you first became subject to this arbitration provision. You must use this address to opt out: aerialsurvey@aerialsurvey.com.
You must include your name and residence address, the email address you use for your FRANKI account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Dispute Resolution section will be null and void.
This arbitration agreement will survive the termination of your relationship with ClearSkies Geomatics.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLEARSKIES GEOMATICS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
CLEARSKIES GEOMATICS INC., ITS AFFILIATES, AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLEARSKIES GEOMATICS INC., ITS AFFILIATES, AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS [EXCEPT AS OTHERWISE SPECIFICALLY STATED ON THE SITE], SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEARSKIES GEOMATICS INC., ITS AFFILIATES, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLEARSKIES GEOMATICS INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, AND IN NO EVENT WILL CLEARSKIES GEOMATICS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED $99.00 USD.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
CLEARSKIES GEOMATICS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
ClearSkies Geomatics Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and, for any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with ClearSkies Geomatics exclusively in a state or federal court located in Colorado, and to submit to the personal jurisdiction of the courts located in Colorado for the purpose of litigating all such disputes. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ClearSkies Geomatics as a result of this agreement or use of the Site.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ClearSkies Geomatics with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ClearSkies Geomatics with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
ClearSkies Geomatics Inc. reserves the right, in its sole discretion, to change the Terms under which the Site is offered(“Updated Terms”). The most current version of the Terms will supersede all previous versions. You agree that we may notify you of the Updated Terms by posting them on the Site, and that your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, ClearSkies Geomatics encourages you to periodically review the Terms before using the Site to stay informed of any updates. These Terms will govern any disputes arising before the effective date of any Updated Terms.
ClearSkies Geomatics Inc. welcomes your questions or comments regarding these Terms:
ClearSkies Geomatics, Inc. / Boulder, Colorado 80301
Email Address: aerialsurvey@aerialsurvey.com
