Terms of Use of Website


We use the following terms when addressing the terms of use of our Site. “Site” means (i) this website; (ii) the website of Butler subsidiaries or their subsidiaries; (iii) the website of any operating unit of Butler, its subsidiaries or their subsidiaries, or (iv) the website of any Butler operated facility. “Butler Subsidiaries” means Avcon Industries, Inc., Butler Avionics, Inc., Butler National, Inc. or Butler National Corporation (located in Tempe, AZ) and other subsidiaries that may be added from time to time.

Butler owns and operates the Site. The Site graphics, design, text, Materials (as discussed in 2. below), and the selection and composition concerning this, are the property of the Butler.

When you access, view, use, or download Materials from the Site, the Terms of Use (“Agreement”) and all other terms, conditions and notices contained or referenced in the Site are legally binding to you, and you agree this Agreement by accessing the Site. Performing certain transactions or using some Materials may be subject to additional terms and conditions (“Additional Terms and Conditions”) that will be presented to you prior to completing these transactions or using these Materials. Any inconsistency between this Agreement and the Additional Terms and Conditions is governed by those most specific to a particular use of transaction.

Your permitted use of the Materials and the Site is agreed to be solely at your risk and discretion. You understand and agree to be responsible for any loss of data or damage to your network, software or computer system that could result from the use of the Site or the Materials.

1. Use of the Site

The Site is only intended to be used by users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions mentioned elsewhere on this Site.

2. License and Site Access

Butler grants you a non-exclusive, non-transferable, personal, limited license to download, access, view, use and display the text, graphics, content, information, photographs, audio, video and other items (“Materials”) which the Butler makes available to you from time to time on this Site. This license is subject to the terms and conditions set forth in this agreement and all applicable laws and regulations. No transfer of title to the Site or the Materials contained herein, or any part, is authorized. Any downloading, modification, reproduction, copying or redistribution of any information or Materials or design elements of the Site for commercial purposes is strictly prohibited without the prior written consent of the Butler. Express written consent of the Butler is necessary for any modification to this Site, or any portion of it. Written permission to reproduce any information contained on this Site may be requested by addressing Butler at Attn: Contracts, care of 19920 W. 161st Street, Olathe, KS 66062. Butler, notwithstanding the above, authorizes you to make one (1) paper or electronic copy of the information posted on any page of the Site, provided that the copy is used only for non-commercial, personal purposes and remains marked with all Site marks, copyright, trademarks and other proprietary notices and legends contained on the Site. The following are prohibited:

As it may be updated from time to time, you agree to all additional restrictions disclosed on the Site. This Site is for lawful purposes only, and you shall not post or transmit any information or material which is unlawful, false or misleading, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable. Information or material which in any way violates or infringes on the rights of others, including, but not limited to, information and material protected by copyright, trademark, database right, patent, other proprietary right or trade secret without the express written permission of the owner of such right(s) is prohibited. Furthermore, posting or transmitting of any information which includes advertising, promotional material or other forms of solicitation without the Company’s approval is not allowed. You agree that if you provide any prohibited information, then you are solely responsible and liable for any damages or other harm resulting from your actions.

It is the sole right and discretion of the Company to pursue all legal remedies, including, but not limited to, prosecution of users in violation of these terms and conditions.

3. Terms of Sale

As a required condition to completion of transactions with Butler or any of its subsidiaries, including, but not limited to, Avcon Industries, Inc., Butler Avionics, Inc., Butler National Corporation (location in Tempe, AZ) or Butler National, Inc., transactions offering products or services for purchase may be subject to Terms and Conditions. The Terms of Sale may be located on the respective company website or provided on a page as part of your agreement or order with the business. You should review the Terms of Sale (also sometimes called “Standard Terms and Conditions”) carefully as your transactions will be governed by such Terms of Sale.

4. Ownership

The Company has sole ownership rights of the Site and the Materials. As long as this Agreement remains in full force and effect, you have a license to access, view, use, download, and display this Site and the Materials as set out herein. Ownership of the its Corporate Office in Olathe, Kansas, and the Materials and all intellectual property rights therein shall remain at all times with Butler or respective owners unless otherwise noted.

5. Security

Butler may maintain certain security procedures and standards to help prevent unauthorized access to any confidential information about you which may be collected by us or submitted by you, including passwords for registered users. More about the Butler security procedures and the Butler privacy policies may be learned by viewing our Privacy Policy.

6. Disclaimer

BUTLER DOES NOT WARRANT THAT THE BUTLER SITES WILL OPERATE ERROR-FREE OR THAT THE BUTLER SITES OR THEIR SERVERS ARE FREE OR COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE BUTLER SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, BUTLER WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE BUTLER SITES AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BUTLER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULARLY PURPOSE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR PARTICULAR PURPOSE. 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, BUTLER LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE RELIABILITY OR OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIAL, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

BUTLER DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF MATERIALS. BUTLER DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FOR THE SITE.

THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. BUTLER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

7. Links to Affiliate or Third-Party Sites

Links to web sites operated by our affiliates or other entities may be provided on this Site by Butler, solely as a convenience to its users. These links do not necessarily denote any Butler affiliations or associations with the companies accessible through the links. The links may not be authorized to use any trademark, trade name, logo or copyright symbol of Butler. When you use the linked sites, you will leave this Site. Using any linked Site is at your own risk and it is your responsibility to take all protective efforts to guard against viruses or other destructive elements. No endorsement, warranty, representation regarding, or other sponsorship is made by Butler regarding any linked websites or information, products or services appearing on linked websites.

8. Third-Party Content

All statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not Butler. From time to time, this content and information may be updated directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.

9. Deep Linking and Framing

Reproducing or “framing” pages or content provided by Butler or its affiliates is prohibited. You may link to internal pages within this Site, subject to the provisions of this paragraph 7, and provided that you do not copy or frame the content found therein. Butler does not approve links which, by their content, appearance, position or otherwise, create the false impression that Butler endorses, sponsors, or is associated with the entity operating any third-party site; i.e., External Site, or the products or services offered by the External Site operator. Butler does not authorize any links which Butler regards as damaging or impairing the goodwill associated with the name, logos, trademarks, service marks, copyrights or trade names of Butler or its affiliates. The right to revoke the Butler approval to link or change the terms or conditions of its approval to frame or link at any time is reserved as its sole discretion.

Butler’s express written consent is required for you to use any meta tags or any other “hidden text” utilizing any Butler name trademark or any product name. Furthermore, without Butler’s express written consent, you may not use, frame or utilize framing techniques to enclose any Butler trademark, logo or other proprietary information (including the content of any text, the layout/design of any page or form contained on a page, or images found at this Site). Butler has used internal and external sources to compile the information contained in this website wholly for the purpose of providing information about the company, its subsidiaries, and its products and services to interested parties. No depictions, representations, warranties, or assurances will be made as to the certainty, currency or entirety of the information and materials provided. Butler, as well as its officers, employees, affiliates, representatives or agents, shall not be held responsible for any damages or injury resulting from your access to, or inability to access, our website, or from your dependence on any information presented at our website. Information and material provided in this website do not comprise an offer to sell or the solicitation of an offer to buy any securities and must not be relied upon in conjunction with any investment decision. Butler retains the right to make changes to the information in this website, or to the services described therein without notice.

Butler controls the content on our website. This content is protected by worldwide copyright laws. Content may be downloaded for your personal use, for non-commercial purposes, only. No modification or further reproduction of the content is permitted. Products, technology or processes described in this site may be the subject of other intellectual property rights reserved by Butler, one of its subsidiaries or other third parties. No license is given with respect to those intellectual property rights.

Links or references to other websites may be made available on this site; however we are not responsible for the content of these other websites and will not be liable for any damages or injury resulting from that content. All links provided to other sites are purely given as a convenience to the users of our website.

Any content of communications you send to Butler using this website, electronic mail or otherwise, are considered non-confidential, and may be reproduced, published or otherwise used in any way or for any purpose. The content of all communications, including any concepts, ideas, inventions, know-how or techniques disclosed therein, is permitted to be used for any purpose including developing, manufacturing and/or marketing goods and services.

10. Children

This Site is not intended for use by minors due to the nature of the our business, and its products and services. Butler does not knowingly attempt to solicit, obtain or receive any information from children. Terms and Conditions of use mandate that any registrations required to access this Site or portions of this Site, or to purchase or license products or services which may be available, may only be made by those age 21 or older and that any products or services purchased or licensed may only be done by those 21 or older. You are representing and warranting, with your use of this Site, that you are an adult (age 21 or older).

11. Information Provided by You

Unless specifically requested by Butler in a written paper communication, Butler does not want you to, and you should not, send any personal, confidential, or proprietary information to Butler or any of its subsidiaries of affiliates through this Site or an email.

Any unsolicited information or material sent to Butler will be deemed as not confidential or proprietary.

You consent (or warrant that the owner of such information, materials or comments has agreed) to the Butler use of any information, materials or comments you submit through or to this Site. As such, a perpetual, irrevocable, unrestricted, royalty-free right and license to use, display, adapt, modify, reproduce, publish, translate, transmit and distribute or otherwise make available such information, materials and comments (in whole or in part and for any purpose) worldwide is granted to Butler. The information, materials and comments may be incorporated in other forms, media or technology known presently or later developed with no approval by you needed. The same may be copyrighted without restriction. You consent that Butler is allowed to grant the same license to others associated with Butler and that Butler may use any ideas, concepts, know-how or techniques that you send to Butler for any purpose.

Your Personal Information will be saved for the period necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Privacy Statement unless a longer retention period is required by law.

COOKIES AND SIMILAR TECHNOLOGY

Butler, with assistance from third-party analytics service providers, may collect certain information when you visit our site to help analyze how you and other visitors navigate Butler National Corporation websites. Aggregate statistics about site usage and response rates may be compiled with this information. Collected information may include geographic location of the device, IP address, browser type, browser language, date and time of your request, time(s) of your visit(s), demographics, page views and page elements (e.g., links) that you click. Cookies, pixel tags, web beacons, clear GIF’s or other similar tools may be used on our site or in our email messages to assist us in collecting and analyzing such information. This information is used by us to provide better, more relevant content on our site, measure the effectiveness of advertisements, identify and fix problems, and improve your overall experience on our site. Also one or more third party service providers may be engaged to provide online advertisements on our behalf. A pixel tag or other similar technology may be used to collect information about your visits to sites, and the third party service provider may use that information to send you to targeted advertisements. Please see the google analytics website for more information regarding this practice and to opt-out of such collection and use of this information by our third party service providers.

You can control some of the information collected through the use of these technologies. Most browsers will allow you to automatically decline many of these technologies, or be given the choice of declining or accepting them, using a simple action. If you reside in a jurisdiction that requires us to obtain your consent to use cookies on our sites, then you will have an opportunity to manage your cookie preferences on the sites; except that certain cookies are required to enable core site functionality and you cannot choose to disable those cookies.

12. Notice of Copyright Infringement

Butler respects the intellectual property of others. We ask our users to do likewise. If you have provided any work that you believe has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the following information to ATTN: LEGAL care of 19920 W. 161st Street, Olathe, KS 66062 with:

13. Changes

Content on this Site is subject to change without notice and Butler reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Changes, modifications, additions, or deletions to the terms and conditions of use are effective immediately upon notice by any means including, but not limited to, posting of the new terms and conditions on the Site. Your use of the site after such change or modification constitutes acceptance by you of such changes, modifications, additions, or deletions. You should revisit the Terms of Use from time to time since you are agreeing to them by using the Site. Any aspect of the Site, including the availability of any features of the Site, may be changed, suspended, terminated or discontinued at any time. Limits on certain features and services, restrictions to your access to parts of the site without notice or liability may be imposed by Butler. Butler has no responsibility to update any information on this Site.

14. Termination

Butler automatically and without notice terminates this Agreement and the licenses granted herein if you fail to comply with any term or condition of this Agreement. All provisions relating to disclaimer, limitation of liability, copyright, trademarks, and other proprietary and intellectual rights of Butler shall survive the termination of this Agreement.

15. Transfer Restrictions

The Agreement and any of the rights or licenses granted under this Agreement may not be transferred, assigned or sublicensed by users. Any violation of this restriction, renders the attempted transfer void.

16. Legal Entity Disclaimer

The independent legal entity status of Butler National Corporation (“Butler”) and its subsidiary corporations, as well as the ownership and reporting of unincorporated operating divisions, are not intended to be altered or otherwise affected by the terms and descriptions contained in this Site.

Several subsidiary corporations and unincorporated operating divisions comprise Butler, i.e. Butler Avionics, Inc. is a wholly owned subsidiary of Butler. Each Butler subsidiary is a separate legal entity having legal rights and liabilities independent of Butler. The respective business of each subsidiary has independent officers and directors, maintains books and records and the like, and has management teams responsible for daily operations. Oversight, direction and assistance are exercised and provided, when necessary, by Butler, as the parent corporation, to its subsidiaries consistent with accepted practices for parent corporations and corporate governance legal requirements. The name which customers associate with the product or products produced by Butler and its member companies is referred to as “Brand.”

The legal entity status of any Butler entity is not necessarily noted by Brand names used on this Site.

17. Financial Material Disclosure

Forward-looking Statements. Forward-looking statements may be contained on this Site and in any documents issued by Butler and accessible through this Site. Statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 are based on our current expectations. The particular statements can be identified by the use of words such as “expect,” “believe,” “will,” “may,” “should,” “plan,” “anticipate” or like statements or the negative of these words. Statements referring to future operations, capital expenditures, cash flow, costs, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends, and expansion plans and projections are included as forward-looking statements. The actual results may be materially different from those implied or expressed in the forward-looking statements due to known and unknown internal and external risks and uncertainties. Relevant factors that could cause actual results to be different from those considered by forward-looking statements are contained in the information presented in the most recent Butler Annual Report (Form 10Q and Form 10K filings) to stockholders, including information under the sections captioned “Management’s Discussion and Analysis” and “Risk Factors,” and/or in other Butler Filings with the Securities and Exchange Commission. Butler has no obligation to revise forward-looking statements to reflect circumstances or events that occur after the date the statements are made.

18. Press Releases

Information included within press releases published by Butler should be held to be accurate and current only on the date the release is posted. The information in the press releases is not intended to be updated by Butler and Butler specifically disclaims any obligation to update the information. With respect to any information therein being forward-looking, it is subject to material risk and is meant to fit within the safe harbor for forward-looking statements. We govern our website in compliance with the laws of the United States. You are responsible for conformity with any and all applicable local laws, if using this website from other locations.

19. Entire Agreement

The Terms of Use and Additional Terms and Conditions establish the complete agreement between Butler and you and take the place of any previous oral, written or electronic communications or documents with respect to the subject matter herein. Should a court of competent jurisdiction find any part of this Agreement to be invalid or unenforceable, that provision shall be enforced to the maximus extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

Revised 2018-02-12.