Except as otherwise provided in a written agreement signed by Wartime History Museum Inc. (“WHM”), which owns Flying Heritage Combat and Armor Museum (“FHCAM”), these Terms of Use represent the entire understanding between you and WHM regarding your use of www.flyinghertitage.org (the "Site") and your submission of any materials to us. WHM is providing you access to the Site subject to these Terms of Use and the flyingheritage.org Privacy Policy. By accessing the Site or clicking to accept these Terms of Use, you signify your acceptance of these Terms of Use and that you have received notice of our privacy practices as set forth in our Privacy Policy.

WHM reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. We will post any changes to these Terms of Use on this page so you can readily review the current version. We will alert you that changes have been made by indicating at the top of the Terms of Use the date it was last updated. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

This Site is offered and available to users who are 18 years of age or older. By agreeing to these Terms of Use and using this Site, you represent and warrant that you are of legal age to form a binding contract with WHM. If you do not meet these requirements, you must not access or use the Site.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by WHM, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this Site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by WHM. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate WHM or FHCAM, a WHM or FHCAM employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the WHM or users of the Site, or expose them to liability.
• Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.
  

Disclaimer

ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. WHM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, WHM DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.
 

Limitation of Liability

IN NO EVENT SHALL WHM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF WHM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHM'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Reliance on Information Posted; Third Party Links

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than WHM. WHM provides these links solely as a convenience. The appearance of a link does not imply WHM's endorsement, nor is WHM responsible for the content on any linked site. These Terms of Use and the Privacy Policy are applicable only when you are on the Site. Once you choose to link to another website, you will be bound by the terms of use and privacy statement applicable to such website.

You may purchase tickets for FHCAM tours through our Site, with payment processing provided by Shopify, Inc., (“Shopify”). Shopify collects, uses, and processes your information, including payment information, in accordance with its privacy notice. For additional information on the privacy practices of Shopify, please see the Shopify privacy notice available at https://www.shopify.com/legal/privacy. Use of Shopify is subject to Shopify’s terms of service, available at https://www.shopify.com/legal/terms.

YOU ACCESS LINKED WEBSITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL WHM BE LIABLE IN ANY WAY FOR ANY ASPECT OF ANY LINKED WEBSITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. WHM controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

Submissions

WHM accepts personal information for use in compiling FHCAM mailing lists through the Site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.

Except as otherwise agreed by WHM in writing, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to WHM, using the Site or otherwise, (collectively, "Submissions") will not be treated as confidential or proprietary and WHM will have no nondisclosure obligations or use prohibitions related to the Submissions. WHM does not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting WHM, its affiliates and necessary sublicensees permission to use your Submission in connection with the operation of WHM's businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

WHM reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in WHM's sole discretion.

Indemnity

You will indemnify, defend and hold harmless WHM, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.

Trademarks

"Flying Heritage and Combat Armor Museum", "FHCAM", and all logos, designs and symbols associated with such terms are trademarks of WHM or its affiliates. They may not be used in connection with any product or service other than those offered by WHM or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits WHM (or FHCAM) or its affiliates. All other trademarks are the property of their respective owners.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Flying Heritage Copyright Agent

Wartime History Museum, Inc.

Company Address: 3407 109th St. NW, Everett, WA 98204

Phone Number: (877) 342-3404

Email: info@flyingheritage.org

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. 
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Applicable Law

WHM operates the Site from Everett, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described herein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination

These Terms of Use shall remain in force until terminated by WHM. WHM may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that WHM, in its sole discretion, determines to be disruptive or in violation of any applicable law or these Terms of Use. The provisions included herein regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue shall survive the termination of these Terms of Use.

Miscellaneous

No waiver by WHM of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WHM to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

All rights not expressly granted herein are reserved.

Your Comments and Concerns

This website is operated by Wartime History Museum, Inc. located at Paine Field Airport, 3407 109th St. NW, Everett, WA, 98204.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@flyingheritage.org

Last updated: 1/25/2024 

This document is an agreement with legal consequences. Read it carefully before agreeing.

THIS RELEASE AND INDEMNIFICATION AGREEMENT (“RELEASE”) is entered into by the undersigned (“Releasor”), in favor of Wartime History Museum, Inc. (“WHM”), which owns and operates the Flying Heritage & Combat Armor Museum (the “Museum”); all of WHM’s affiliates; and all of WHM’s and its affiliates’ owners, managers, officers, directors, members, employees, agents, and representatives (collectively, the "Releasees").

Releasor desires to enter, tour, and participate in the activities offered by and at the Museum. The Museum features, among other things, aircraft, automobiles, motor vehicles, and other military equipment (the “Vehicles”), and in some instances, may allow guests the opportunity sit or ride in the Vehicles or observe technicians working on Vehicle engines or other parts. In consideration for Releasor being permitted by WHM to tour the Museum and participate in the activities offered by the Museum, Releasor hereby freely and voluntarily agrees to the following representations, waivers, and agreements:

1. ASSUMPTION OF RISK. I am aware that touring the Museum and participating in the activities offered by the Museum, including those described above (collectively, “Touring”) involve many risks, dangers, and hazards which could result in injury, death, illness or disease to myself or others or damage to property belonging to me or others, including, but not limited to: falling objects; explosions; exposure to hazardous substances; contact with heavy or otherwise dangerous objects; Vehicle collisions, crashes, or other accidents; negligence on the part of other Museum guests; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF TOURING.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH TOURING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

2. RELEASE. Being fully aware of the risks, dangers, and hazards associated with Touring, on behalf of myself, and my heirs, next of kin, distributees, conservators, executors, administrators, legal representatives, assignees and successors-in-interest, I WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASEES, AND EACH OF THEM, FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION, AND LIABILITIES, EITHER IN LAW OR IN EQUITY, AND INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY ON THE PART OF THE RELEASEES, based on any bodily injury, disability, illness, disease, death, financial loss, property loss, damage, or destruction, or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by me or by any other person as a direct or indirect consequence of my Touring, whether caused by the negligence of any of the Releasees or otherwise.

3. INDEMNIFICATION. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OF THE RELEASEES from and against any and all claims, suits, demands, liabilities, damages, losses, costs, and expenses (including, but not limited to, attorneys’ fees) arising from or in connection with either my injury, illness, or death or that of any other person, or the damage, destruction, or loss of any of my or any other person’s property, as a result of my Touring.

4. MISCELLANEOUS. This Release shall be effective and binding upon my heirs, next of kin, distributees, conservators, executors, administrators, legal representatives, assignees and successors-in-interest, in the event of my death or incapacity. This Release will be interpreted and enforced in accordance with the laws of the State of Delaware without any reference to its choice of law rules. If one or more provisions of this Release are held to be unenforceable, each such unenforceable provision shall be excluded from this Release, and the remainder of the provisions herein will remain in full force and effect. If WHM is or I am required to utilize legal action to enforce its rights under this Release, the non-prevailing party shall be responsible for the payment of all reasonable costs and expenses incurred by the prevailing party in the enforcement of its rights under this Release, including reasonable attorneys’ fees. The Parties consent to the exclusive jurisdiction of the state courts located in New Castle County, Delaware, in the event of any litigation arising out of this Release.

I HAVE READ AND UNDERSTAND THIS RELEASE AND (i) SIGN IT FREELY, VOLUNTARILY, AND WITH KNOWLEDGE OF ITS CONTENTS AND (ii) AGREE TO TOUR THE MUSEUM AND PARTICIPATE IN ACTIVITIES OFFERED BY THE MUSEUM. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, DISTRIBUTEES, CONSERVATORS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, ASSIGNEES OR SUCCESSORS-IN-INTEREST MAY HAVE AGAINST THE RELEASEES.