KODIAK® is a registered trademark of Daher and licensed to Kodiak Aircraft Company Incorporated.

All data in this document is approximate, for discussion purposes only, and may be subject to certain conditions. This document does not constitute an offer, commitment, representation or warranty of any kind. All data is subject to change without prior notification. The Kodiak should always be operated according to the approved aircraft operating handbook.

TERMS OF USE

Please read these Terms of Use carefully before using this Internet Site.

Welcome to our Internet Site with our home page at https://kodiak.aero/ (the “Internet Site”). This Internet Site is owned and operated by Daher. All Internet Site design, text, graphics, Materials (as defined in Section 2 below) and the selection and arrangement thereof, are the property of Daher.

1. Use of the Internet Site 

These Terms of Use create a binding agreement that conditions your use of this Internet Site (the “Agreement”). Please read this Agreement carefully. By accessing, viewing, using, or downloading Materials from this Internet Site, you agree to be legally bound by these Terms of Use, and your permission to access and use this Internet Site is based on your agreement. If you do not agree with the terms of this Agreement, you do not have permission to access or use this Internet Site or to download any Materials or images from this Internet Site. If you do not wish to be bound by this Agreement, please leave this Internet Site.

2. License and Site Access 

Subject to the terms of this Agreement and all applicable laws and regulations, Daher grants you a personal, non-exclusive, non-transferable, revocable limited license to download, access, view, use and display this Internet Site and the text, graphics, content, information, photographs, audio, video and other products and services (“Materials”) which Daher makes available to you from time to time on the terms and conditions set forth in this Agreement. This authorization is not a transfer of title to the Internet Site or the Materials contained herein, or any part, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Internet Site is strictly prohibited without the prior written consent of Daher.

This license does not include the right to modify this Internet Site, or any portion of it, except with the express written consent of Daher. Any resale or commercial use of this Internet Site or its contents; any derivative use of this Internet Site or its contents; any downloading or copying of account information for the benefit of another merchant; any use of data mining, robots, or similar data gathering and extraction rules or any other form of hacking, interference, spamming, sabotage or manipulation is prohibited.

You shall use this Internet Site for lawful purposes only. You shall not post or transmit through this Internet Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Daher’s express prior approval, you shall not post or transmit through this Internet Site any material which contains advertising or any solicitation with respect to products or services. You shall not use this Internet Site to advertise or perform any commercial solicitation. You may not upload, post or otherwise make available on this Internet Site computer viruses or other elements destructive to the Internet Site or our hardware or software accessible through the Internet Site.

3. Changes

Daher reserves the right to make changes to the information in this Internet Site, or to the services described therein. All content contained on the Internet Site is subject to change without notice, but Daher has no responsibility to update any information on this Internet Site. Any use of the Internet Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Daher may terminate, change, suspend or discontinue any aspect of the Internet Site, including the availability of any features of the Internet Site, at any time. Daher may also impose limits on certain features and services or restrict your access to parts of the Internet Site without notice or liability.

4. External Links

This Internet Site may provide links or references to other internet sites, but Daher has no responsibility for the content of such other internet sites and shall not be liable for any damages or injury arising from that content. Any links to other internet sites are provided merely as a convenience to the users of this Internet Site.

5. Third Party Content

Any information, statements, opinions, services or other information provided by third parties and made available on this Internet Site are those of the respective author(s) and not Daher. Such information and the like may be updated from time to time directly by the respective authors.

6. Disclaimer 

THIS INTERNET SITE AND ALL OF THE INFORMATION IT CONTAINS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES OR OTHER TERMS MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES AND IN SUCH CIRCUMSTANCES, DAHER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. DAHER DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, THE RELIABILITY OR OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE INTERNET SITE. YOU ACKNOWLEDGE BY THE USE OF THIS INTERNET SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

The information contained in this Internet Site has been compiled by Daher from internal and external sources prepared solely for the purpose of providing information to interested parties about Daher, its affiliates and its products and services. Information on this Internet Site could include technical inaccuracies or typographical errors. Daher does not warrant that this website will be available and accessible at all times. This Internet Site does not constitute an offer, commitment, representation or warranty of any kind, and the information and Material provided in this Internet Site must not be relied upon in connection with any investment decision.

7. Limitation of Liability

YOUR USE AND BROWSING OF THE INTERNET SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE INTERNET SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE. 

UNDER NO CIRCUMSTANCES WILL DAHER OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS INTERNET SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS INTERNET SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS INTERNET SITE 

DAHER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

8. Information Provided by You

Any communications you send to this Internet Site or otherwise to Daher via this Internet Site are on a non-confidential basis. Daher does not accept or consider any unsolicited ideas or materials for products or services, or for improvements to products or services, including concepts, inventions, techniques, know-how or designs (collectively “Unsolicited Ideas”). Any Unsolicited Ideas you send to Daher notwithstanding these terms and conditions are deemed assigned and/or licensed to Daher, and Daher shall be free to use the content of any such communications, including any Unsolicited Ideas disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services.

Daher may collect personal information as a result of your use of this Internet Site, including personal information that is automatically collected, and personal information that you submit to Daher voluntarily through your use of and/or interaction with this Internet Site. Daher’s policies with respect to the collection and use of personal information are set forth in Daher’s Privacy Policy, which is incorporated herein by reference. This policy explains how Daher treats your personal information when you access and use this Internet Site. The policy may be updated from time to time at Daher’s discretion.

9. Trademark and Copyright 

KODIAK® is a registered trademark of Daher and licensed to Kodiak Aircraft Company Incorporated. You agree to comply with all copyright, database right, trademark and other laws worldwide in your use of this Internet Site or any portion of it and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of this Agreement. Except as expressly provided in this Agreement, Daher does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of Daher or of any third party.

10. International Users and Export Restrictions

You may not use this Internet Site or transfer, download, or use any information or Materials in violation of U.S. laws and regulations, including those relating to export controls. If you access the Internet Site from a location outside of the United States, you are responsible for compliance with all local laws. By your use of this Internet Site, you represent and warrant to Daher that you are in compliance with all laws applicable to your use of this Internet Site.

Any software and underlying information and technology associated with this Internet Site (collectively “Software”) may be subject to U.S. export controls including the International Traffic in Arms Regulations and the Export Administration Regulations, and import or export regulations of other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant that you will not export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including, without limitation, persons or entities listed on the U.S Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges.

11. Indemnification.

You agree to defend, indemnify and hold harmless Daher and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (i) your use of this Internet Site, (ii) the content of any materials and/or information you submit, (iii) any violation of any law or regulation by you, and (iv) this Agreement. THIS INDEMNITY SHALL APPLY DESPITE ANY ALLEGED OR PROVEN NEGLIGENCE OR FAULT BY DAHER RELATED TO THE CLAIM. These indemnification obligations will survive the termination or expiration of this Agreement.

12. Choice of Law and Forum

This Internet Site, all use and access thereof, and this Agreement, are governed by the laws of the State of Idaho, United States of America, exclusive of Idaho’s choice or conflict of law rules or principles. You submit and consent to, and agree not to contest, the personal jurisdiction over you by any such court, nor will you contest the venue of any such court.

13. Entire Agreement

This Agreement constitutes the entire agreement between Daher and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

PRIVACY POLICY

 Welcome to our Internet Site with our home page at https://kodiak.aero/ (the “Internet Site”). Daher is committed to protecting any personal information that you may provide to us.

This Privacy Policy sets out our privacy practices with respect to the collection, use and disclosure of personal information on this Internet Site.

1. Personal Information

Generally, visitors to this Internet Site are not required to register or reveal any personal information in order to access our Internet Site. However, on a voluntary basis, you may provide and disclose personal information to us in using certain features of our site. Personal information is information that is personally identifiable to you and may include your name, e-mail address and mailing address, or other information. By providing personal information to us, you explicitly agree to our collection and usage of such information as described in this Privacy Policy. We may use your information to personalize your experience on our Internet Site or to provide you with requested services. We may also store the information you share with use for marketing research and other marketing purposes. If you do not want to receive information about our products and services, we will provide you with the opportunity to easily opt-out of participation.

2. Security Procedures to Protect your Information

Daher will endeavor to take all steps deemed reasonable by Daher to keep secure any information we hold about you. Your information is stored on secure servers that are protected in controlled facilities, and we require our employees and data processors to respect the confidentiality of any personal information held by us. Daher takes reasonable precautions, including administrative and technical measures, to protect your personal information against theft, mishandling and loss. Additionally, Daher takes reasonable measures to protect against misuse of your information, such as unauthorized access, disclosure, alteration, and destruction of your personal information. No one, including Daher, can give absolute assurance that your information will be secure 100% of the time due to the nature of the internet and otherwise. Therefore, Daher hereby expressly disclaims responsibility for events arising from unauthorized access to your personal information, and by accepting the terms hereof, you hereby hold Daher harmless against and waive any such claims related to your personal information.

3. Cookies 

Daher may use “cookie” technology on our Internet Site. “Cookies” are small text files we can use to track the portions of the Internet Site you visit, help us identify the portions of the Site that may be the most relevant for your needs, and to help us identify other products or services that may be of interest to you or others. Our Internet Site may automatically collect Cookies and other information, including, but not limited to, your domain name, and we may compile aggregate data for statistical purposes to improve the content of our website or to better administer the web pages available on our Internet Site. Except as set out herein, Daher does not use cookies to examine your surfing behavior before or after you leave our Internet Site. There are products commercially available that are designed to help you disable cookies. Although we want you to be aware that such products exist, please note that if you choose to use them we will not be able to provide you with a personalized service, and it may result in certain features and services not being available to you.

4. Email Communications 

When and if Daher requests an email address from you, you will be given the opportunity to indicate whether or not you wish to receive future email solicitations from us. We may use your email address to contact you to respond to your inquiries or to provide information on products or services to you. To help us determine whether you have received an email from us, and to help us make emails more useful and interesting, we may receive a confirmation that you have opened an email from us.

5. Child Privacy 

We do not knowingly solicit or receive information from children under the age of 18.

6. Third-Party Links

This Internet Site may contain links to third-party sites such as Daher suppliers and affiliates, and we are not responsible for the content, security, or privacy practices employed by such third-party sites.

7. Changes to Our Privacy Policy 

We may revise, update or change this Privacy Policy from time to time in our sole discretion, and we encourage you to periodically review this Privacy Policy. If you object to any such changes, your sole recourse is to cease using this Internet Site.

8. Contacting Us

If you have any questions regarding this Privacy Policy you may contact us at 208-263-1111.