MROmarketplace.com Terms & Conditions

MRO Exchange LLC is the owner and operator of MROmarketplace.com and has designed this website to provide a neutral, online marketplace that connects aircraft/powerplant owners and operators with Maintenance Repair Organizations ("MRO") and other aviation service providers to submit quotes against aircraft maintenance, repair and overhaul projects.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THIS SITE. BY ACCESSING OR REGISTERING AT MROmarketplace.com, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE CHECKBOX OR BY ACCESSING OR USING MROmarketplace.com, ITS WEB SERVICES, DATA OR THIRD PARTY DATA, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE MROmarketplace.com, ITS WEB SERVICES, DATA OR THIRD PARTY DATA.


If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event; "Customer", "You" and "Your" will refer and apply to that company or other legal entity.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

The MROmarketplace.com ("Website"), owned and operated by MRO Exchange LLC ("MRO EXCHANGE"), is provided to the customer under the terms and conditions of this website Terms of Service ("TOS") which incorporates by reference any operating rules or policies that may be published by MRO EXCHANGE. The TOS as it may hereafter be amended or modified without notice, comprises the entire agreement between Customer and MRO EXCHANGE and supersedes all prior agreements between the parties regarding the subject matter contained herein. By logging on to the Website, you are indicating Customer's agreement to be bound by all of the terms and conditions of the TOS and that you have the authority to so agree on behalf of Customer.

Customer grants MRO Exchange the right to disclose to third parties certain Registration Data about Customer in the aggregate; Customer grants MRO EXCHANGE the right to disclose to third parties certain transactional data from the projects and quotes that are submitted to MROmarketplace.com in the aggregate; however, such disclosures will exclude Customer's name, mailing address, e-mail address, account and phone number, unless: (1) Customer expressly directs MRO EXCHANGE, or any other person Customer may specifically designate to disclose such information or (2) MRO EXCHANGE is required to disclose such information by any applicable law or legal process served on MRO EXCHANGE.

2. DESCRIPTION OF MROmarketplace.com Website

The purpose of MROMarketplace.com is to serve as a neutral, web-based marketplace that connects aircraft/powerplant owners and operators with MROs and other aviation service providers to bid on aircraft maintenance, repair and overhaul projects.

MROmarketplace.com is providing Customer with the ability to send and receive electronic data ("Data") via the World Wide Web and on MRO EXCHANGE's own system. Customers of MROmarketplace.com are encouraged to submit aircraft/powerplant maintenance projects for the purpose of soliciting quotes or to place quotes on such projects. Customer must: (1) provide all equipment, including a computer and modem compatible with the Website, necessary to establish a connection to the World Wide Web; and (2) provide for its own access to the World Wide Web and pay any internet connection fees associated with such access to the Website.

3. MODIFICATIONS TO TERMS OF SERVICE

MRO EXCHANGE may change the terms and conditions of the TOS from time to time without notice to Customer. If Customer does not agree to be bound by the changes, you may terminate your use of the Website at that time. Customer's continued use of the Website constitutes an affirmative: (1) acknowledgment by Customer of the TOS and its modifications; and (2) agreement by Customer to abide and be bound by the TOS and its modifications.

4. MODIFICATIONS TO MROmarketplace.com WEBSITE

MRO EXCHANGE reserves the right to modify or discontinue the Website with or without notice to Customer.

MRO EXCHANGE shall not be liable to Customer or any third party should MRO EXCHANGE exercise its right to modify or discontinue the Website.

5. CUSTOMER ACCOUNT, REGISTRATION, PASSWORD, AND SECURITY

In order to access MROmarketplace.com and its Web Services, Data and Third Party Data, Customer must first register to create an account ("Account") and (1) provide certain current, complete, and accurate information about Customer and maintain and (2) update this information as required to keep it current.

During the registration process, Customer will be required to provide certain information that will establish a user identification and password for login purposes. All information requested on initial sign up shall be referred to as registration data ("Registration Data"). You and Customer are entirely responsible for safeguarding your user identification and password. You agree not to disclose your user identification and password to any third party and to take sole responsibility for any activities or actions under Customer's Account, whether or not you have authorized such activities or actions. Customer agrees to immediately notify MRO EXCHANGE of any unauthorized use of Customer's Account or any other breach of security known to Customer, and MRO EXCHANGE retains the right to immediately terminate any Account due to unauthorized use or access.

MRO EXCHANGE reserves the right to suspend or terminate a Customer's Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

6. AUTHORIZED USE OF MROmarketplace.com

The purpose of MROMarketplace.com is to serve as a neutral, web-based marketplace that connects aircraft/powerplant owners and operators with MROs and other aviation service providers to submit quotes against aircraft maintenance, repair and overhaul projects.

MRO service providers are expected to make legitimate inquiries and submit quotes on projects, and aircraft/powerplant owners and operators are expected to post actual projects that require the attention of MRO service providers.

MRO EXCHANGE practices a policy of "zero tolerance" towards any Customer who transmits any spam, unsolicited advertisements, promotions, solicitations, or any other unwelcome communications on or through MROmarketplace.com.

MRO EXCHANGE reserves the right to suspend the activity or terminate the Account of any Customer who does not comply with the Authorized Use provision of our Terms of Service.

7. SUBSCRIPTION FEES AND POSTING FEES

MRO EXCHANGE charges subscription fees to Customers such as MROs and other aviation service providers, enabling them to submit quotes on the aircraft maintenance projects that are posted on MROmarketplace.com; and posting fees to Customers that are aircraft/powerplant owners and operators when they post aircraft maintenance projects on MROmarketplace.com. In all instances, these fees are final and non-refundable.

Subscriptions to MROmarketplace.com are for a pre-paid 12-month subscription term. The Customer’s subscription will automatically renew at the end of each subscription term for another 12-month term.

The Customer agrees that MRO EXCHANGE may automatically renew your subscription and charge Customer’s account on the one year anniversary of your last subscription date (the “Renewal Date”), unless Customer cancels its subscription before the Renewal Date.

MRO EXCHANGE will automatically renew your subscription each year on the Renewal Date until Customer cancels its subscription or MRO EXCHANGE no longer offers the subscription service.

8. DISCLAIMER OF WARRANTIES

Customer expressly agrees that use of the Website is at Customer's sole risk. The Website is provided on an "As Is" and "As Available" basis. MRO EXCHANGE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

MRO EXCHANGE makes no warranty that the Website will meet your requirements, or that the Website will be uninterrupted, timely, secure, or error free; nor does MRO EXCHANGE make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website or that defects in the source code or software will be corrected.

MRO EXCHANGE hereby disclaims any and all liability from claims arising from any maintenance project that was listed on and identified through MROmarketplace.com. MRO EXCHANGE warrants solely that the projects submitted to MROmarketplace.com for solicitation of quotes under these terms shall have the characteristics suitable for the aviation industry and assumes no further warranties.

Customer understands and agrees that any information obtained through the use of the Website is done at Customer's own discretion and risk and that Customer will be solely responsible for any damage to Customer's computer system or loss of data that results from access to the Website.

No advice or information, whether oral or written, obtained by Customer from MRO EXCHANGE regarding the Website shall create any warranty not expressly made herein.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9. LIMITATION OF LIABILITY

MRO EXCHANGE is committed to maintaining the integrity of its online marketplace. MRO EXCHANGE does not represent or guarantee the truthfulness, accuracy, or reliability of the information contained within projects that are posted on MROmarketplace.com. Customer acknowledges that any reliance on material posted by other users will be at your own risk. Project postings are assumed to be accurate and may be periodically revised by the poster. If for any reason you believe there is a misleading or unauthorized project posting that violates our Terms of Service, please notify us immediately through our web contact form.

MRO EXCHANGE shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Website or resulting from unauthorized access to or alteration of Customer's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if MRO EXCHANGE has been advised of the possibility of such damages. It remains the sole responsibility of the negotiating parties to engage in a formal contract for the services to be rendered after their initial introduction through MROmarketplace.com.

Project postings on MROmarketplace.com may be posted anonymously and the customer retains the right to disclose their identity at their discretion to MROs or other service providers that are submitting quotes against their projects. Any Customer who misrepresents their identity or their affiliation with any person or entity is subject to having their postings removed and their Account suspended or terminated.

MRO EXCHANGE has no obligation nor does it intend to edit, monitor or screen project postings and is not responsible for the content in such postings or any content linked to or from such postings. Notwithstanding the foregoing, MRO EXCHANGE reserves the right to inspect from time to time, the content of the project postings to ensure their adherence to the TOS and to remove any materials that may be objectionable or violate the TOS.

No customer is permitted to post, upload or transmit any messages, data, information, text, graphics, links or other material on MROmarketplace.com which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law either intentionally or unintentionally. MRO EXCHANGE reserves the right to delete your project posting at any time for any reason without permission from you.

MRO EXCHANGE is not responsible and cannot be held liable for the accuracy of the information furnished by the owner/operators in their project postings or for the information contained within quotes that are submitted by MROs or other aviation service providers.

MRO EXCHANGE is not responsible and cannot be held liable for any claims made by MROs as to the capabilities or certifications and those claims must be independently verified by aircraft/powerplant owners and operators.

MRO EXCHANGE is not responsible and cannot be held liable for the quality of work or for any errors or defects performed during a maintenance project by an MRO, service provider or any subcontractor for any project identified on MROmarketplace.com.

MRO EXCHANGE is not responsible and cannot be held liable for any quotes that are withdrawn by an MRO service provider on MROmarketplace.com.

MRO EXCHANGE is not responsible and cannot be held liable for any projects that are withdrawn or "closed" by an aircraft/powerplant owners and operators on MROmarketplace.com.

MRO EXCHANGE is not responsible and cannot be held liable for any changes or modifications made by Customers to either the projects or quotes that are posted on MROmarketplace.com

MRO EXCHANGE is not responsible and cannot be held liable for any contract negotiations that result after a quote is received by aircraft/powerplant owners and operators.

MRO EXCHANGE is not responsible and cannot be held liable for system outages or any other unpredictable events associated with the Internet that may delay or disrupt the availability of MROmarketplace.com. MRO EXCHANGE provides no guarantee for the constant and uninterrupted availability of the MROmarketplace.com website.

MRO EXCHANGE is not responsible and cannot be held liable for any damages incurred by Customers due to quotes not being received, not being received promptly, or not being considered as a consequence of technical errors that may cause temporary outages of MROmarketplace.com.

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

10. NO RESALE OR COMMERCIAL USE OF THE MROmarketplace.com WEBSITE


Customer's right to use the Website is exclusive to Customer. Customer agrees not to resell or make any commercial use of MROmarketplace.com without the express consent of MRO EXCHANGE.

11. OTHER LIMITATIONS

MRO EXCHANGE may, at its sole discretion, with or without notice, terminate or suspend Customer's access to MROmarketplace.com at any time for any reason, including for Customer's conduct failing to conform to these terms and conditions of the TOS.

Customer agrees: (1) not to use the MROmarketplace.com for illegal purposes; (2) not to interfere or disrupt networks connected to the MROmarketplace.com; (3) to comply with all regulations, policies and procedures of networks connected to the MROmarketplace.com; (4) not to attempt to gain unauthorized access to other computer systems; (5) not to interfere with another Customer's use and enjoyment of the MROmarketplace.com.

12. INDEMNIFICATION

Customer is solely responsible for all consequences arising from use of the Website by Customer, or permitted use by Customer's parents, subsidiaries, affiliates, officers, employees or agents. Customer agrees to indemnify and hold MRO EXCHANGE, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any use of the Website in violation of this TOS or infringement of any intellectual property or other right of any person or entity by Customer or its parents, subsidiaries, affiliates, officers, employees, agents, or other user of the Website using Customer's computer.

13. TERMINATION OF ACCOUNT

Either Customer or MRO EXCHANGE may terminate Customer's Account with or without cause at any time and effective immediately. Termination of account shall be accompanied by a communication to the other party via email. MRO EXCHANGE shall not be liable to Customer or any third party for termination of MROmarketplace.com.

In the event that MRO EXCHANGE is required to terminate a Customer's Account, all subscription fees paid by Customer to MRO EXCHANGE are final and non-refundable.

Should Customer object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with MROmarketplace.com in any way, Customer's only recourse is to immediately: (1) discontinue use of the MROmarketplace.com; (2) terminate Website relationship; and (3) notify MRO EXCHANGE of termination.

Upon termination of Customer's access to the Website, Customer's right to use the Website immediately ceases. Customer shall have no rights and MRO EXCHANGE will have no obligations thereafter.

14. NOTICE

All notices to MRO EXCHANGE by Customer shall be in writing and shall be made either via express or conventional mail at the following address:

MRO Exchange LLC
6574 N. State Road 7 #317
Coconut Creek, FL 33073
United States

MRO EXCHANGE may publish notices or messages through the Website to inform Customer of changes to the TOS, the Website, or other matters of importance; such broadcasts shall constitute notice to Customer. At the sole discretion of MRO EXCHANGE, MRO EXCHANGE may elect to provide any notice, message or information concerning the Website to Customer in writing via express or conventional mail.

15. INTELLECTUAL PROPERTY

The MROmarketplace.com logo is a trademark of MRO Exchange, all rights reserved. Any trademarks appearing on MROmarketplace.com are the property of their respective owners. Customer acknowledges that content, including but not limited to text, web code, photographs, video, graphics or other material contained in information presented to Customer by the Website ("Content") is protected by copyrights, trademarks, service marks, or other proprietary rights and laws; therefore, Customer is only permitted to use this Content as expressly authorized by the TOS. Customer may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by MRO EXCHANGE.

16. LAWS

The TOS shall be governed by and construed in accordance with the laws of the state of Florida, excluding its conflict of law provisions.

Customer and MRO EXCHANGE agree to submit to the exclusive jurisdiction of the courts of the state of Florida.

If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

MRO EXCHANGE's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MRO EXCHANGE in writing.

Customer and MRO EXCHANGE agree that any cause of action arising out of or related to MROmarketplace.com must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

17. RESTRICTED COUNTRIES

MRO EXCHANGE LLC strictly prohibits any individual, business or organization to have or register accounts on MROmarketplace.com while based in the following countries:
  • Burma (Myanmar)
  • Cuba
  • Iran
  • North Korea
  • Sudan
  • Syria
Please visit the Office of Foreign Assets Control website and the Designated Nationals list (SDN) for the most current list of sanctions affecting countries, organizations and individuals.

18. CONTACT US

If you have any questions about our Terms of Service or other questions regarding MROmarketplace.com, please contact us through our web contact form here.

19. EFFECTIVE DATE

The effective date of this Terms of Service is January 1, 2013.