Your use of the Phenom Pilots web site is contingent upon and constitutes your agreement to abide by the following Terms of Use. If you do not agree to the Terms of Use, then please do not access and/or use this site.

Nothing contained on this web site, whether posted by Phenom Pilots or its members, shall be construed as Phenom Pilots advocating operating or maintaining an aircraft other than as dictated and required by the FAA and the approved Aircraft Flight Manual and Aircraft Maintenance Manual. Before taking any action based upon anything contained on this web site, it is essential that you seek approval from the manufacturer, the appropriate certifying body, your A&P and/or your CFI. The Pilot in Command is always ultimately responsible for the safe operation of any aircraft. As a user of this web site, you expressly acknowledge the above.

Phenom Pilots accepts no liability for member-posted content and we reserve the right to remove at our sole discretion any content for any reason at any time. You shall remain solely liable for the content you upload or transmit to any area on the web site. You agree to indemnify and hold harmless Phenom Pilots from any claim, action, demand, loss, expense or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release Phenom Pilots (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes.

Members agree to allow Phenom Pilots to store any information or posts that they enter into the website. Members agree to allow Phenom Pilots to display any information or posts Members enter into any forum on the web site for an unlimited period of time.

By participating on our web site and Forums, you agree to abide by our Online Media Usage Policy.

Phenom Pilots may, at any time, modify any of the terms and conditions contained in this Terms of Use agreement by posting such changes on the web site. When such changes are posted, a general announcement will be made on the web site. If you do not agree to the changes, your only remedy is to cancel your Phenom Pilots membership, or not use the Website.

Online Media Usage Policy

Permitted and Prohibited Uses

You may use the Phenom Pilots web site forums for the sole purpose of sharing and exchanging ideas with other members. You may not use the web site to violate any applicable local, state, national, or international law.

You may not upload or transmit any material that infringes or misappropriates any person's or entity’s copyright, patent, trademark, or trade secret, or disclose via the web site any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the web site's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the web site.

You are strictly prohibited from communicating on or through the web site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You are expressly prohibited from compiling and using other members' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the web site, for the purpose of creating or compiling marketing and/or mailing lists and from sending other members unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing members' personal information to third-party parties for marketing purposes. Phenom Pilots reserves the right to terminate or suspend your access to and use of the web site and to suspend or revoke your membership in Phenom Pilots without refund of any membership dues paid at its sole discretion for what Phenom Pilots believes in its sole discretion is a breach of these Terms of Use.

Posting Guidelines and Civility Policy

The Phenom Pilots web site is designed for the free discussion and exchange of ideas. Respect for the rights, privileges, and sensibilities of each other is essential in preserving the spirit of our online community. Common sense is, as always, the best guide when posting content, but we offer the following suggestions to be considered when posting on our site.

Personal attacks are not tolerated. Personal attacks are defined as any attempt to short-circuit the debate by diverting attention to the shortcomings of the other parties in the debate rather than their arguments. We encourage you to challenge other points of view, but please do so in a respectful and thoughtful manner. Think before clicking on the "send" button: is this something you'd say in person to a colleague?

• It is fine to express an opinion, but not in the form of an insult. Insults of direct or indirect nature towards an individual, company, or group are prohibited. This includes but is not limited to:
• Government officials, politicians, political parties, and government agencies
• Other members
• Other pilots or pilot groups
• Airports, FBO owners and operators, and maintenance providers
• Aviation and aircraft manufacturers and their personnel

Try not to get too intense. Other people can misread your passion as aggression. Take great care to avoid the appearance of being heavy-handed or bossy. Nobody likes to be bossed about by someone who appears to believe that they are "superior"; nobody likes a bully.

Take a Real-Life check; disengage by two steps to assess what you're about to say (or have just said). Asking yourself "How would I feel if someone said that to me?" is often not enough, because some people can just brush things off. To get a better perspective, ask yourself: "How would I feel if someone said that to someone I love who can't just "brush it off?" If you'd find that unacceptable, then don't say it. And if you've already said it, strike it and apologize.

Someone may very well be an idiot, but telling them so is neither going to increase their intelligence nor improve your ability to communicate with them.

Advertising & Commercial Posts

Posts that constitute advertising, of either personal or business nature, must be made on the Marketplace forum. When a thread becomes predominantly marketing-oriented, perhaps due to participation of a vendor, it may be relocated to the Marketplace forum. Individuals affiliated with aviation-related organizations are requested to list their affiliation in the footer of their personal profile and their signature.

Identities

Phenom Pilots requires that members accurately identify themselves by using their true first and last name, which will appear in all posts and in their profile. The use of pseudonyms or "handles" is not permitted.

Intellectual Property

Member contributions are intended to be shared within Phenom Pilots. You are expressly prohibited from copying, reproducing, or posting them outside the Phenom Pilots community without the express permission of Phenom Pilots or the author of the posted content.

Do not publish copyrighted materials on the Phenom Pilots web site unless you are the copyright holder. Examples include photographs, news articles, etc. If you don't own it, post or embed a link to the content but do not copy or upload it.

By contributing material to Phenom Pilots online media, you (1) represent that the content of your post is your own material and you have the right to post it, and (2) you grant a nonexclusive license to Phenom Pilots to reproduce your material in any manner it sees fit, in any media or form, including the right to edit or alter your material without limitation. For example, the material you submit may be used alone or be combined with other material and reproduced on a web site, in a magazine article or in any other media. Phenom Pilots has no obligation to attribute the content to you in any such reproduction.

Moderation Policy

The Phenom Pilots forums are unmoderated, but supervised. Posted content that is not in conformance with the Online Media Usage Policy will be removed.

If a member posts content that is not in accordance with the Online Media Usage Policy, Phenom Pilots will issue the member a single warning. If the member again posts content that is not in accordance with the Online Media Usage Policy, Phenom Pilots will terminate or suspend the member’s access to and use of the web site and/or suspend or revoke membership in Phenom Pilots without refund of any membership dues paid at its sole discretion upon such second Policy breach.

PHENOM PILOTS RESERVES THE RIGHT TO REMOVE, EDIT, MOVE OR CLOSE ANY POST, TOPIC OR FORUM AT ANY TIME, AT ITS SOLE AND ABSOLUTE DISCRETION.

Privacy Policy

Phenom Pilots collects certain information about Phenom Pilots members. By entering personal data, all Phenom Pilots members and web site users consent to allow such data to be stored on the site and to be accessed by other Phenom Pilots members for their personal use. The policy of Phenom Pilots is that Phenom Pilots data is the property of Phenom Pilots and it will not be knowingly distributed by Phenom Pilots to any third party outside of Phenom Pilots members and Phenom Pilots affiliates, except as provided in this Privacy Policy. Use of Phenom Pilots data for commercial purposes by any third party is strictly prohibited. The distribution of Phenom Pilots data in whole or in part by any Phenom Pilots member or web site participant is strictly prohibited and may be grounds for immediate expulsion from the web site and/or Phenom Pilots.

Information you provide in your online member profile will be accessible by other members on the Phenom Pilots web site to encourage and facilitate collaboration and the free exchange of information, but we expressly prohibit members from using member contact information to send unsolicited commercial correspondence. Phenom Pilots members may be automatically added to Phenom Pilots mailing lists. From time to time, member information may be shared with event organizers and/or other organizations that provide additional services to Phenom Pilots members in conjunction with Phenom Pilots events. By providing us with your personal information on the membership application and the online member profile, you expressly consent to Phenom Pilots storing, processing, and distributing your information for these purposes.

Phenom Pilots will not be held liable for direct or indirect damages caused by the use of Phenom Pilots Data. In addition, Phenom Pilots will not be held responsible for damages, whether direct or indirect, caused by the release and/or distribution of Phenom Pilots Data by any person or corporation whether by intentional, unintentional, negligent, accidental or other means.

Indemnification and Warranty Disclaimer

You, as a member, agree to defend, indemnify and hold harmless Phenom Pilots, it agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the web site, including, without limitation, your violation of these Terms of Use, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

THE WEB SITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHENOM PILOTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE PHENOM PILOTS MAKES NO REPRESENTATIONS OR WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PHENOM PILOTS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE. PHENOM PILOTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEB SITE.

IN NO EVENT SHALL PHENOM PILOTS OR ANY OF ITS AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEB SITE, EVEN IF PHENOM PILOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. PHENOM PILOTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEB SITE. YOUR PARTICIPATION IN THE WEB SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHENOM PILOTS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.

LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL PHENOM PILOTS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE The WEB SITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

PHENOM PILOTS TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEB SITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT PHENOM PILOTS WOULD NOT PROVIDE THE WEB SITE ABSENT SUCH LIMITATION.