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Terms and Conditions

These Terms and Conditions ("Terms") govern your use of and access to the FAA Scheduling system, including the websites and associated domains of www.FAAScheduling.com (collectively, the "Services"), which is owned and operated by Mullins Aviation, LLC ("Mullins Aviation," "we," "us," or "our"). The Services facilitate the scheduling of exams for commercial and private pilots ("Applicants") and Designated Pilot Examiners ("DPEs").

Please read these Terms carefully as they contain important information regarding your legal rights, including provisions regarding warranty disclaimers, limitations of liability, and the resolution of disputes by arbitration. By accessing or using the Services, you agree to be bound by these Terms, and any other policies or agreements referenced herein, if any, (collectively, this "Agreement"). If you are using the Services on behalf of an organization, you are agreeing to this Agreement on behalf of that organization, and you represent and warrant that you have the authority to do so. References to "you," "your," and similar terms in this Agreement refer to both you and any such organization.

If you do not agree to all the terms and conditions of this Agreement, you may not access or use the Services.

THESE TERMS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH US. PLEASE READ THIS CLAUSE CAREFULLY.

01Accounts

  • (A) Creating Accounts: To use many of the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete, and up-to-date information for your Account.
  • (B). Account Security: You are solely responsible for maintaining the confidentiality and security of your Account, including your passwords or any other authentication credentials. You must ensure that no unauthorized person has access to your Account. We are not liable for any loss or damage arising from your failure to protect your Account. You must immediately notify us if you know or have any reason to suspect that your Account or passwords have been stolen, misappropriated, or otherwise compromised, or in the case of any actual or suspected unauthorized use of your Account.
  • (C) Accurate Information: All personal information you provide to us through your Account must be accurate, complete, and truthful. You agree to update your personal information promptly if it changes
  • (D) Account Suspension or Termination: We reserve the right to suspend or terminate your Account if you use our Site illegally or if you violate these Terms and Conditions

02ACCEPTABLE USE

As a user of our Site, you agree to use the Site in a legal and responsible manner. You agree not to use the Site for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Site in any way that could damage the Site, the Services, or the general business of Mullins Aviation, LLC. Specifically, you agree not to:

  • 1. Harass, abuse, or mistreat other users of our Site.
  • 2. Violate the rights of other users of our Site, including their intellectual property rights.
  • 3. Violate the intellectual property rights of the Site owners or any third party to the Site
  • 4. Hack into the account of another user of the Site.
  • 5. Engage in any activity that could be considered fraudulent, misleading, or deceptive.
  • 6. Post any material that may be deemed inappropriate, offensive, or otherwise objectionable.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

03USER CONTRIBUTIONS

Users may post the following information on our Site:

  • (A) Professional Biographical Description: Information related to your professional background and experience.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions. You warrant that you own or have the necessary rights and permissions to use and post such content and that the content you post does not infringe on the rights of any third party. We reserve the right to remove any content that violates these Terms and Conditions or that we deem inappropriate at our sole discretion

04DATA PROTECTION & PRIVACY

  • (A) Compliance with Laws: Mullins Aviation, LLC agrees to comply with all applicable data protection and privacy laws and regulations in connection with the use of the Services.
  • (B) Data Security: Mullins Aviation, LLC shall implement and maintain reasonable security measures to protect any personal data or sensitive information received from users against unauthorized access, disclosure, alteration, or destruction.
  • (C) User Responsibilities: Users are responsible for ensuring that any personal data or sensitive information they provide to Mullins Aviation, LLC is collected and transferred in accordance with applicable data protection and privacy laws. If necessary, users shall obtain all necessary consents and authorizations required for Mullins Aviation, LLC to process such data in accordance with these Terms and Conditions.
  • (D) Data Breach Notification: In the event of a data breach involving personal data or sensitive information provided by users, Mullins Aviation, LLC shall promptly notify the affected users and take appropriate steps to mitigate the impact of the breach and comply with applicable data breach notification laws.
  • (E) Use of Data: By using the Services, users consent to the collection, use, and processing of their personal data as described in these Terms and Conditions. Mullins Aviation, LLC will use the data solely for the purpose of providing and improving the Services.

05SALE OF SERVICES

These Terms and Conditions govern the sale of services available on our Site. The following services are available on our Site:

  • * Service Providers: We provide tools to list services, manage schedules, collect consumer information, and handle online payments. These services are offered on a subscription basis.
  • * Consumers: Our platform facilitates the booking of services from listed Service Providers, showing clear availability and cost information

These Terms and Conditions apply to all the services displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

1. Fees and Payments: By purchasing our services, you agree to pay the specified fees. All fees are non-refundable unless otherwise stated. We reserve the right to modify the fees at any time, with notice to you before the new fees take effect.

a. Payment Methods: We accept the following payment methods on our Site:

  • i. Credit Card; and
  • ii. Debit Card

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

2. Subscriptions:

a. Service Providers:

  • i. Subscription Fee: Service Providers are charged a recurring subscription fee to list their services on our Site.
  • ii. Payment Collection: All payments collected from Consumers for booked services are processed through our platform and distributed to the Service Providers.

b. Consumers:

  • i. No Subscription Fee: Consumers are not charged a subscription fee by FAA Scheduling
  • ii. Payment Transactions: All payments made by Consumers for services booked are directed to the Service Providers.
  • Refunds: Refunds are determined and approved solely between the Consumer and the Service Provider

c. Automatic Renewal: Subscriptions will automatically renew at the end of each subscription period. You will be automatically billed for the renewal period unless we receive notification that you wish to cancel the subscription.

d. Cancellation: To cancel your subscription, you can manage and cancel it through your account settings on the Site. Alternatively, you may conta

e. Billing and Payments: You agree to pay all subscription fees and other charges associated with your account on a timely basis. All fees and charges are non-refundable unless otherwise specified in these Terms or required by law.

f. Subscription Changes: We reserve the right to modify subscription fees and features, with notice provided to you before the changes take effect. If you do not agree to the changes, you have the right to cancel your subscription before the next billing cycle.

g. Failed Payments: If a payment fails, we reserve the right to suspend or terminate your subscription until the payment is successfully processed.

3. Modification and Cancellation: We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your

4. Taxes: All fees are exclusive of applicable national, state, local, or other taxes (“Taxes”), unless explicitly stated otherwise. You are responsible for all applicable Taxes. If we are legally obligated to collect Taxes, we will include such Taxes in the fees

5. Chargebacks: If you initiate a chargeback or otherwise reverse a payment made with your payment method, we may terminate your account immediately. If you have any questions about a payment, we encourage you to contact our customer support team before initiating a chargeback.

6. Third-Party Payment Processors: Payments for our services are processed through third-party payment processors. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processors in addition to these Terms. Our current payment processor is Stripe. You agree to pay all charges at the prices then in effect for your purchases through the payment processor in accordance with the applicable payment terms.

06THIRD PARTY GOODS & SERVICES

Our Site may offer goods and services from third parties. While we strive to collaborate with reputable providers, we cannot guarantee the quality, accuracy, or reliability of any goods or services made available by third parties on our Site. Any transactions, interactions, or disputes between you and such third-party providers are solely between you and the respective provider. Mullins Aviation, LLC is not responsible for any loss or damage incurred as a result of your dealings with third-party providers

By using our Site, you acknowledge and agree that:

  • (A) No Endorsement: The inclusion of third-party goods or services on our Site does not constitute an endorsement or recommendation by Mullins Aviation, LLC.
  • (B) Independent Providers: Third-party providers are independent entities, and Mullins Aviation, LLC is not liable for any actions, omissions, or negligence of these providers.
  • (C) Transactions and Disputes: Any transactions, interactions, or disputes between you and third-party providers are solely between you and the respective provider. Mullins Aviation, LLC shall not be responsible for resolving any such disputes.

We recommend that you review the terms and conditions, privacy policies, and any other relevant documentation provided by third-party providers before engaging in any transactions with them.

07USER GOODS & SERVICES

Our Site allows users to sell goods and services directly to other users. While we provide the platform for such transactions, Mullins Aviation, LLC does not assume any responsibility for the quality, accuracy, or legality of the goods and services sold by users on our Site. Any transactions, interactions, or disputes between buyers and sellers are solely between the respective parties.

By using our Site to sell or purchase goods and services, you acknowledge and agree to the following:

  • (A) Independent Sellers: Users who sell goods and services on our Site are independent sellers, and Mullins Aviation, LLC does not endorse or verify any user-provided listings.
  • (B) Transaction Responsibility: Buyers and sellers are solely responsible for the terms, conditions, and fulfillment of their transactions, including payment, delivery, and dispute resolution.
  • (C) Compliance with Laws: Sellers are responsible for ensuring that their goods and services comply with all applicable laws and regulations and that their listings are accurate, truthful, and not misleading.
  • (D) No Liability: Mullins Aviation, LLC is not liable for any loss or damage arising from transactions conducted between users. This includes, but is not limited to, issues related to product quality, delivery, or misrepresentation.
  • (E) Monitoring and Enforcement: We reserve the right to monitor user activity and listings to ensure compliance with these Terms and Conditions. If we become aware of any violations, we may take appropriate actions, including suspension or termination of the user's ability to sell on our Site.

By engaging in transactions on our Site, you agree to act in good faith and adhere to all applicable guidelines and policies.

08CONSUMER PROTECTION

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

09INTELLECTUAL PROPERTY

  • (A) Ownership: All content published and made available on our Site is the property of Mullins Aviation, LLC and the Site's creators. This includes, but is not limited to, images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site. The Services and all 6 materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (as defined below), and all Intellectual Property Rights related thereto, are the exclusive property of Mullins Aviation, LLC and its licensors.
  • (B) No Rights Granted: These Terms do not grant you any right, title, or interest in the Services, our trademarks, logos, or other brand features, or intellectual property. You agree not to change, modify, translate, or otherwise create derivative works of the Services or any content on the Site
  • (C) Feedback: We welcome your feedback, ideas, or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you. This section does not limit or affect any rights you may have under applicable data protection laws.
  • (D) Use of Content: You are granted a limited, non-exclusive, non-transferable, and revocable license to use the content on the Site for personal, non-commercial use only, provided that you do not remove any proprietary notices. Any other use, including for any commercial purposes, is strictly prohibited without our prior written consent.
  • (E) Prohibited Use: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without express written permission by us. This includes but is not limited to the use of our intellectual property for creating competing products or services
  • (F) Third-Party Intellectual Property: The Site may contain intellectual property owned by third parties, including but not limited to software, services, or applications. You acknowledge and agree that you will not acquire any ownership rights in such third-party intellectual property by using the Services.
  • (G) User Content: If you choose to provide any content, materials, or information (collectively, “User Content”), you hereby grant Mullins Aviation, LLC a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and Mullins Aviation, LLC's business, including without limitation for promoting and redistributing part or all of the Site in any media formats and through any media channels

11LIMITATIONS OF LIABILIT

To the fullest extent permitted by applicable law, Mullins Aviation, LLC and its directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses, including legal fees, arising out of or related to your use of the Site or the Services. This includes, but is not limited to:

  • (A) Indirect, Special, Incidental, Exemplary, Punitive, or Consequential Damages: Any indirect, special, incidental, exemplary, punitive, or consequential damages.
  • (B) Loss of Profits, Revenue, Data, Goodwill, or Other Intangible Losses: Any loss of profits, revenue, data, goodwill, or other intangible losses.
  • (C) Service Access and Use: Any losses related to your access to, use of, or inability to access or use parts, some, or all of your Account, the Site, or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services.
  • (D) Content and Data Issues: Any losses related to unavailability, degradation, loss, corruption, theft, unauthorized access, or unauthorized alteration of any content, information, or data, including without limitation user content and eCommerce data.
  • (E) User and Third-Party Conduct: Any user content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive, or unlawful conduct or content.
  • (F) Third-Party Services and Sites: Any third-party services or third-party sites accessed via the Services.

For purposes of these Terms and Conditions, incidental or consequential damages shall include, but not be limited to, loss of anticipated revenues, income, profits or savings; loss of or damage to business reputation or goodwill; loss of customers; loss of business or financial opportunity; or any other indirect or special damages of any kind categorized as consequential or incidental damages under the law of the State of Georgia.

The aggregate liability of Mullins Aviation, LLC for all claims arising out of or related to the Services and these Terms and Conditions shall in no event exceed the amount of fees paid by you to Mullins Aviation, LLC in the twelve (12) months immediately preceding the event that gave rise to such claim.

These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, whether or not Mullins Aviation, LLC has been informed of the possibility of such damages, and even if a remedy set forth in these Terms and Conditions is found to have failed its essential purpose. If any applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the limitations or exclusions set forth above may not apply to you, but shall apply to the maximum extent permitted by applicable law.

12INDEMNITY

(A) User's Indemnity: By using this Site, you agree to indemnify, defend, and hold harmless Mullins Aviation, LLC, its directors, officers, agents, employees, subsidiaries, and affiliates (the "Indemnified 8 Party") from and against any and all claims, losses, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to:

  • (a) Your use of the Site;
  • (b) Your violation of these Terms and Conditions;
  • (c) Any User Contributions you provide;
  • (d) Your violation of any rights of a third party, including intellectual property rights;
  • (e) Your violation of any applicable laws, regulations, or third-party rights.

(B) Mullins Aviation's Indemnity: Mullins Aviation, LLC agrees to indemnify, defend, and hold harmless the user (the "Indemnified Party") from and against any and all claims, losses, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to any third-party claims to the extent caused by fraud, gross negligence, or willful misconduct of Mullins Aviation, LLC in performing the Services. Notwithstanding the foregoing, Mullins Aviation, LLC is not required to indemnify the user in the case of:

  • (a) Any matter arising out of or relating to any materials provided or specified by the user;
  • (b) Compliance by Mullins Aviation, LLC with detailed specifications prescribed by and originating with the user;
  • (c) Where the use of the Services or deliverables (in a manner consistent with and inside the scope of these Terms and Conditions) by the user, its customers, or consumer end-users violates any law, regulation, or applicable standard.

(C) Indemnification Procedures: The party seeking indemnification (the "Indemnified Party") shall promptly notify the other party (the "Indemnifying Party") in writing of any claim, suit, or proceeding for which indemnity is claimed. Failure to provide prompt notice shall not relieve the Indemnifying Party of its indemnity obligations except to the extent the Indemnifying Party is prejudiced by such failure. The Indemnifying Party shall have the right to control the defense and settlement of any such claim, provided that the Indemnifying Party shall not settle any claim without the Indemnified Party’s prior written consent, which shall not be unreasonably withheld or delayed. The Indemnified Party shall reasonably cooperate with the Indemnifying Party in the defense of such claim at the Indemnifying Party's expense.

(D) Exceptions to Indemnity: The indemnity obligations set forth in this section shall not apply to the extent that the claims, losses, demands, liabilities, costs, or expenses arise out of or result from the Indemnified Party’s own negligence or willful misconduct.

13DISPUTE RESOLUTION

Subject to any exceptions specified in these Terms and Conditions, you and Mullins Aviation, LLC agree to resolve any disputes arising out of or relating to these Terms and Conditions or your use of the Site through the following process:

(A) Informal Negotiations: The parties will first attempt to resolve any dispute through friendly negotiations. If the matter is not resolved by negotiation within 30 days, either party may initiate mediation.

(B) Mediation: If informal negotiations fail to resolve the dispute, the parties agree to submit the issue to a non-binding mediator. The mediator must be a neutral party acceptable to both you and Mullins Aviation, LLC. The mediation shall take place in the State of Georgia.

(C) Arbitration: If mediation fails to resolve the dispute, the parties agree to resolve the dispute by binding arbitration. The arbitration will be conducted in the State of Georgia under the rules of the American Arbitration Association. The arbitrator's award will be final and binding, and judgment may be entered upon it by any court having proper jurisdiction. The arbitrator must be a neutral party acceptable to both you and Mullins Aviation, LLC.

(D) Exceptions to Dispute Resolution Process: Notwithstanding the dispute resolution process outlined above, you and Mullins Aviation, LLC agree that both parties retain the right to:

  • 1. Bring an action in small claims court;
  • 2. Seek injunctive relief in a court of competent jurisdiction; and
  • 3. Bring an action for intellectual property infringement.

This Dispute Resolution section shall survive the termination of these Terms and Conditions and your use of the Site.

14APPLICABLE LAW

These terms and conditions are governed by the laws of the State of Georgia.

15SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid or unenforceable under applicable laws, such provision will be deemed void and will be removed from these Terms and Conditions. However, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

16AMENDMENT

These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users of any changes to these Terms and Conditions by email or by posting a notice on our Site. It is your responsibility to review these Terms and Conditions periodically to ensure that you are aware of any updates.

17ADDITIONAL TERMS

This resource is provided to Designees independently and is not affiliated with the Federal Aviation Administration (FAA) in any context. The designee's responsibilities to the FAA remain entirely separate from the services offered by FAA Scheduling.

18CONTACT

Please contact us if you have any questions or concerns. Our contact details are as follows:

  • (770) 715-4378
  • devenmullins1@gmail.com
  • 415 South Unity Grove Rd. Locust Grove, GA 30248

You can also contact us through the feedback form available on our Site.