📃Terms of Service

Website

Last updated: July 28, 2016

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.zephyr-sim.com website (the "Service") operated by Little Arms Studios Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Little Arms Studios Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Little Arms Studios Inc..

Links to Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Little Arms Studios Inc..

Little Arms Studios Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Little Arms Studios Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Little Arms Studios Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Little Arms Studios Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Little Arms Studios Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Zephyr Simulator

Please read the following End User License Agreement (EULA) before using this software. The licensed computer software program identified above ("Program"), including any printed materials, any online or electronic documentation, and any derivative works thereof are copyrighted works and use of the Program is governed by this License ("License"). By using the Program you agree to be legally bound by the terms of this EULA. Any use, reproduction or redistribution of the Program not in accordance with the terms of this EULA is expressly prohibited. If you do not agree to the terms of this EULA, do not install or use the Program, but you may instead return the Program for a full refund.

Ownership

All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof, including but not limited to any titles, computer code, artwork, animations, graphics, layout, trade dress, sounds, audio and visual presentations are owned by Little Arms Studios LLC (Licensor) or its assigns and/or licensees. The Program is protected by the United States copyright laws, international copyright treaties and conventions and any other applicable laws. All rights are reserved worldwide.

License

This EULA grants to End User and End User accepts a personal, non-exclusive, and non-transferable license, without the right to sub-license, to use the Licensed Software, identified above, subject to the terms and conditions of this EULA ("Permitted Use"). This EULA shall apply to the software in object code, for which the End User has paid a license fee, and all updates and revisions thereto supplied by Licensor during the term hereof, and all permitted copies of any of the foregoing." Permitted Use shall be limited to the reading into and out of memory of the licensed software and the execution of the licensed software. Unless terminated, as provided below, the license granted herein shall commence on the date the End User is provided access to the Licensed Software, normally by issuance of a customer ID and password, and shall continue until End User discontinues the licensed use of the Licensed Software.

License Fees

The license fees, applicable taxes, and any other charges for the license herein granted to the End User shall be the then current license fees, taxes, and charges of the Licensor for software above. Payment is due prior to the release of the Licensed Software. If End User does not pay all amounts due or otherwise does not comply with this EULA, Licensor may terminate the Agreement and cease performance of any further services.

Limited Use of License

The Licensor hereby grants, and by installing the Program you thereby accept, a restricted, non-exclusive license and right to install and use one (1) copy of the Program for your personal use. You may not network the Program or otherwise install it or use it on more than one computer at a time, except if expressly authorized otherwise in the applicable documentation. The Program is licensed, not sold. Your license confers no title or ownership in the Program.

End User's Obligations

A. Pursuant to the License, you may not, in whole or in part, copy, duplicate, reproduce, translate, reverse-engineer, modify, disassemble, decompile, derive source code, create derivative works based on the Program, remove any proprietary notices or labels from the Program or otherwise modify the Program without the prior written consent of the Licensor.

B. You are entitled to use the Program for your own use, but you are not entitled to:

• i. Sell or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others

• ii. Publish and/or distribute the computer Program or any of its parts

• iii. Exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a computer aided training center or any other location-based site where multiple users may simultaneously access the Program.

Termination

This License is effective until terminated. You may terminate the License at any time by destroying the Program and any supporting material related to the Program. The Licensor may, at its discretion, terminate this License in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any supporting material.

Limited Warranty

The Licensor expressly disclaims any warranty for the Program. The Program is provided "as is" without warranties of any kind, either expressed or implied, including, without limitation to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. The entire risk arising out of use or performance of the Program remains with you. However the Program is warranted that the media containing the Program shall be free from defects in material and workmanship under normal use and services and the Program will perform substantially in accordance with the accompanying written materials, for a period of 90 (ninety) days from the date of your purchase of the Program. The remedy for a Program NOT CONFORMING TO THIS LIMITED WARRANTY is the replacement of the Program with the same or A similar Program.

Limitation of Liability

Neither the Licensor, nor its related companies shall be liable in any way for loss or damage of any kind resulting from the use of the Program, including but not limited to loss of goodwill, work stoppage, computer failure or malfunction, computer data loss, monetary loss, property damage, improper training scores, injury and/or death, or any and all other commercial damage or losses, including but not limited to consequential damages, actual damages and/or other economic loss.

Use for Training

While it is acknowledged that the Program is a training tool, it is agreed by the End User that the Program is NOT a substitute for sanctioned and approved training standards and materials. In event of a conflict in content between the Program and other sanctioned and approved materials, End User agrees to use and follow the sanctioned and approved training standards and materials and to promptly inform Licensor of the conflict.

Export Administration

End User agrees to comply fully with all United States governmental laws and regulations to assure that neither the Licensed Product, nor any direct product thereof, is exported, directly or indirectly, in violation of United States law. The Licensed Product may not be transferred outside the country where delivery is taken or transferred, sold, assigned, or otherwise conveyed to another party without Licensor's prior written consent.

Miscellaneous

This License shall be deemed to have been made and subject to the laws and jurisdiction of the Commonwealth of Virginia. Any dispute arising hereunder shall be resolved in accordance with Virginia law, not including its choice of law provisions. End User agrees that all disputes hereunder shall be resolved in the applicable state or federal courts of Virginia, consents to the jurisdiction and venue of such courts, and agrees to accept service of process by mail.

Acceptance of Terms and Conditions

End User hereby acknowledges that he/she has read and understands the foregoing License and agrees that the action of installing the Program is an acknowledgment of End User's agreement to be bound by the terms and conditions of this License. End User also acknowledges and agrees that this License is the complete and exclusive statement of the agreement between the Licensor and End User.

Contact Us

If you have any questions about these Terms, please contact us.