CheckTSA.com - Automated Passenger Security Screening
HOME | CONTACT | SIGNUP FORM | AVIATION TECHNOLOGIES, INC.

Terms of Use Agreement

PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. User Eligibility
The Web Site is provided by Check TSA, Inc. and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site. By using the Web Site and Services You agree to conform and be bound to all rules, regulations, laws, and restrictions provided by the Transportation Security Administration of the United States Department of Homeland Security ("TSA") and the United States Customs and Border Protection ("CBP") regarding use and access to any and all data and/or information provided to You by the Web Site. You may not use the Web Site or Services on behalf of, or for, any other party other than the party expressly registered by You with Check TSA, Inc.

2. Scope of Terms of Use
These Terms of Use govern Your use of the Web Site and all applications, software, and services (collectively, "Services") available on the Web Site.

3. Modifications
Check TSA, Inc. may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Check TSA, Inc. Check TSA, Inc. may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Check TSA, Inc. may establish or change, at any time, general practices and limits concerning other Check TSA, Inc. products and services in its sole discretion.

4. Authorization
By subscribing to the Web Site Services, you authorize Check TSA, Inc. to represent you as your provider for TSA security services and CBP services and assign Check TSA, Inc. the permission to act on your behalf in retreiving, processing, and providing secure TSA and CBP data for your use in your approved security screening procedures and data communications.

5. Subscription Payment Terms
You must select a payment method to pay for your fees for Services. You must provide accurate billing and payment information. You agree to pay Check TSA, Inc. for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize Check TSA, Inc. to charge your designated payment method for these charges. You are responsible for maintaining current records of account information for use for payment of your account and are responsible for notifying and providing any new or changed payment information to Check TSA, Inc. immediately upon change. If Check TSA, Inc. does not receive payment from your designated payment method, you agree to pay all amounts due within 30 days upon demand by Check TSA, Inc., or its operators. Any trial promotion (such as free trial time or trial access to Services) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged the subscription fee. For account plans that have one or more year terms, you agree to continue and pay for the service for the time specified. Early termination fees will be calculated based on 25% of the remaining time of the term at the minimum rate of the plan selected. Fees charged for Services are nonrefundable and are due in advance. Late payment of fees or rejected payments may be subject to additional charges. Use of the Services indicates acceptance of terms contained herein.

6. Privacy and Systems Security Policy
The Web Site Privacy Policy governs the use of information collected from or provided by You at the Web Site. With respect to any individual whose personal information is provided by You to Check TSA, Inc., You represent to Check TSA, Inc. that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Web Site Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual. You agree to allow the Web Site and CheckTSA System to record and have access to any and all information supplied to the CheckTSA System whether knowingly or otherwise. You agree to provide Your e-mail address and the e-mail addresses of any additional users you provide access to under Your account to the CheckTSA system and agree to allow Check TSA, Inc. to use these e-mail addresses to contact you and additionally agree not to report any communication from Check TSA, Inc. as "spam" or to perform any other process used to restrict or report misuse of e-mail. The information You provide for use on the Web Site is kept confidential; however, Check TSA, Inc., any of its affiliates or other entities reserves the right to cooperate and disclose any and all information recorded by the CheckTSA system if requested to do so by any appropriate legal authorities. All communications and data are provided using secure encryption where applicable and access to SSI, as defined by The Department of Homeland Security, is made available only to authorized personel, to the best of our abilities to ensure security of sensitive data. No SSI data is available in an unencrypted form on any publically accessable system and no pathway is available to secure systems.

7. License and Ownership
Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of Check TSA, Inc., its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress ("Marks") of Aviation Technology, Inc., its affiliates or other entities that have granted Check TSA, Inc. the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Check TSA, Inc. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without Check TSA, Inc.'s or the appropriate third party's prior written permission. Except as expressly provided herein, Check TSA, Inc. does not grant to You any express or implied rights to Check TSA, Inc.'s or any third party's Intellectual Property.

Check TSA, Inc. grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by Check TSA, Inc., and (b) access and use the Check TSA, Inc. computer and network services offered within the Web Site (the "CheckTSA Systems") only in the manner expressly permitted by Check TSA, Inc. Except for this limited license, Check TSA, Inc. does not convey any interest in or to the CheckTSA Systems, information or data available via the CheckTSA Systems (the "Information"), Content, Services, Web Site or any other Check TSA, Inc. property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Check TSA, Inc. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Check TSA, Inc.

8. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, You agree that:

(a)  You shall not disguise the origin of information transmitted through the Web Site.
(b)You will not place false or misleading information on the Web Site.
(c)You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Check TSA, Inc.
(d)You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
(e)Certain areas of the Web Site are restricted to customers of Check TSA, Inc.
(f)You may not use or access the Web Site or the CheckTSA Systems or Services in any way that, in Check TSA, Inc.'s judgment, adversely affects the performance or function of the CheckTSA Systems, Services or the Web Site or interferes with the ability of authorized parties to access the CheckTSA Systems, Services or the Web Site.
(g)You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Check TSA, Inc.

9. Links
(a) Outbound Links. The Web Site may contain links to third-party Web Sites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Check TSA, Inc. of the content on such Linked Sites. Check TSA, Inc. makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Check TSA, Inc. is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

(b) Inbound Links. Linking to any page of the Web Site other than to http://www.CheckTSA.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Check TSA, Inc. Any web site or other device that links to the CheckTSA.com domain name or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Check TSA, Inc. or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Check TSA, Inc. or any of its affiliates, (e) presenting false information about Check TSA, Inc. products or services, and (f) using any logo or mark of Check TSA, Inc., the Web Site, or any of its affiliates without express written permission from Check TSA, Inc.

10. Submissions
Check TSA, Inc. does not accept ideas, concepts, or techniques for new services or products through the Web Site ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Check TSA, Inc. and its affiliates are under no obligation to keep such information confidential, and (c) Check TSA, Inc. will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

11. Termination
You agree that Aviation Technologies, in its sole discretion, may terminate or suspend Your use of the Web Site, the CheckTSA Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content (with the exception of transaction reports required to be archived by the TSA). Accessing the Web Site, the CheckTSA Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Check TSA, Inc. shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the CheckTSA Systems, Information and/or the Services.

12. Disclaimer of Warranties
CHECK TSA, INC. MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE CHECKTSA SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU COMPLY WITH ALL REGULATIONS AND LAWS CONCERNING USE OF ANY CONTENT OBTAINED WHILE USING THE WEB SITE, AND YOU ARE RESPONSIBLE FOR BEING AWARE OF ANY CHANGES OF REGULATIONS OR LAWS THAT MAY EFFECT THE VALIDITY, OR USEABILITY OF THE CONTENT OF THE WEB SITE AND THE CHECKTSA SYSTEM.

THE WEB SITE, THE CHECKTSA SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. CHECK TSA, INC., ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CHECK TSA, INC. AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE CHECKTSA SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY CHECK TSA, INC. IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

13. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT CHECK TSA, INC. IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, CHECK TSA, INC. IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY AND IS LIMITED TO THE AMOUNT OF THE COST OF SERVICES PROVIDED TO YOU. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHECK TSA, INC., ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED OR NOT MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, FINES, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE CHECKTSA SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHECK TSA, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

14. Compliance with Law Including Export Control
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Check TSA, Inc., negatively reflect on the goodwill or reputation of Check TSA, Inc. and shall take no actions which would cause Check TSA, Inc. to be in violation of any laws, rulings or regulations applicable to Aviation Technologies Inc.

Check TSA, Inc. and the Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

15. Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE CHECKTSA SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF LUZERNE, STATE OF PENNSYLVANIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE CHECKTSA SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

16. Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Pennsylvania, U.S.A. excluding (i) Pennsylvania’s conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation that may have been provided to you is for Your convenience only and does not constitute an actual document of agreement of terms.

17. General
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

18. Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

19. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND CHECK TSA, INC. THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND AVIATION TECHNOLOGIES WITH RESPECT TO THE USE OF THE WEB SITE, THE CHECKTSA SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

Aviation Technologies, Inc.     Wilkes Barre/Scranton International Airport     Avoca, PA 18641     570-457-4147








The CheckTSA.com web site system is designed to allow aircraft operators to be complient with Aviation Security Directive SD 1544-01-20D and SD 1544-01-21E. These directives apply to all aircraft operators regulated under Title 49, Code of Federal Regulations (CFR), Part 1544.

Part 154 Aircraft Operator Security: Air Carriers and Commercial Operators:

Applies to certain aircraft operators holding operating certificates for scheduled passenger operations, public charter passenger operations, private charter passenger operations, and other aircraft operators. This part requires such operators to adopt and carry out a security program approved by TSA. It contains requirements for screening of passengers and property. This part also describes requirements applicable to law enforcement officers flying armed aboard an aircraft, as well as requirements for fingerprint based criminal history record checks of specified individuals. This part describes the requirements related to Security Directives issued to aircraft operators.

Subpart B - Security Program

§ 1544.101 Adoption and implementation.

(a) Full program. Each aircraft operator must carry out subparts C, D, and E of this part and must adopt and carry out a security program that meets the requirements of §1544.103 for each of the following operations:

(1) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configuration of 61 or more seats.

(2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configuration of 60 or fewer seats when passengers are enplaned from or deplaned into a sterile area.

(b) Partial program—adoption. Each aircraft operator must carry out the requirements specified in paragraph (c) of this section for each of the following operations:

(1) A scheduled passenger or public charter passenger operation with an aircraft having a passenger-seating configuration of 31 or more but 60 or fewer seats that does not enplane from or deplane into a sterile area.

(2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger-seating configuration of 60 or fewer seats engaged in operations to, from, or outside the United States that does not enplane from or deplane into a sterile area.

(c) Partial program-content: For operations described in paragraph (b) of this section, the aircraft operator must carry out the following, and must adopt and carry out a security program that meets the applicable requirements in §1544.103 (c):

(1) The requirements of §§1544.215, 1544.217, 1544.219, 1544.223, 1544.230, 1544.235, 1544.237, 1544.301, 1544.303, and 1544.305.

(2) Other provisions of subparts C, D, and E of this part that TSA has approved upon request.

(3) The remaining requirements of subparts C, D, and E when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.

(d) Twelve-five program-adoption: Each aircraft operator must carry out the requirements of paragraph (e) of this section for each operation that meets all of the following—

(1) Is in an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more;

(2) Is in scheduled or charter service;

(3) Is carrying passengers or cargo or both; and

(4) Is not under a full program or partial program under paragraph (a) or (b) of this section.

(e) Twelve-five program-contents: For each operation described in paragraph (d) of this section, the aircraft operator must carry out the following, and must adopt and carry out a security program that meets the applicable requirements of §1544.103 (c):

(1) The requirements of §§1544.215, 1544.217, 1544.219, 1544.223, 1544.230, 1544.235, 1544.237, 1544.301(a) and (b), 1544.303, and 1544.305.

(2) Other provisions of subparts C, D, and E that TSA has approved upon request.

(3) The remaining requirements of subparts C, D, and E when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.

(f) Private charter program. In addition to paragraph (d) of this section, if applicable, each aircraft operator must carry out §§1544.201, 1544.207, 1544.209, 1544.211, 1544.215, 1544.217, 1544.219, 1544.225, 1544.229, 1544.230, 1544.233, 1544.235, 1544.303, and 1544.305, and subpart E of this part and—

(1) Must adopt and carry out a security program that meets the applicable requirements of §1544.103 for each private charter passenger operation in which—

(i) The passengers are enplaned from or deplaned into a sterile area; or

(ii) The aircraft has a maximum certificated takeoff weight greater than 45,500 kg (100,309.3 pounds), or a passenger-seating configuration of 61 or more, and is not a government charter under paragraph (2) of the definition of private charter in §1540.5 of this chapter.

(2) The Administrator may authorize alternate procedures under paragraph (f)(1) of this section as appropriate.

(g) Limited program: In addition to paragraph (d) of this section, if applicable, TSA may approve a security program after receiving a request by an aircraft operator holding a certificate under 14 CFR part 119, other than one identified in paragraph (a), (b), (d), or (f) of this section. The aircraft operator must—

(1) Carry out selected provisions of subparts C, D, and E;

(2) Carry out the provisions of §1544.305, as specified in its security program; and

(3) Adopt and carry out a security program that meets the applicable requirements of §1544.103 (c).

[67 FR 8364, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, 2002; 67 FR 41639, June 19, 2002; 67 FR 79887, Dec. 31, 2002]