Effective Date: 1/10/2020
1. SERVICE USE AND REGISTRATION.
Access to and use of the Service is only for authorized users who have been invited to access and use the Service (“User”). You may only access and use the Service if you receive an invitation from Company and you register for an account with the Service using your current, complete, and accurate information. Your account user name and password may only be used by you and you may not authorize any third party to use your user name and password or account. You are responsible for keeping your username and password confidential. You agree that Company may attribute all use of your username to you and that you are responsible for all activity that occurs with your username and password. Please notify Company immediately at Privacy Email if the security of your username or password has been compromised. Company may cancel the invitation, permission, or account, or revoke the user name and password of any User who is no longer authorized to access to the Service.
2. PERMITTED USE.
The Service and all information, materials and other content included on the Service (collectively the “Content”) is provided to you for individual, personal, and non-commercial use. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Service or Content. When using the Service, you must not:
- decompile, decipher, disassemble, translate, modify, reverse engineer or otherwise attempt to access the source code of the Service or Content, except where permitted by law notwithstanding this limitation;
- remove any proprietary notices on the Service or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Service or Content;
- upload to the Service others’ medical information or the personal information of others that you are not authorized to provide;
- provide any content, data or information to Company that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
- use the Service or Content in a way that suggests you are a representative of Company;
- use the Service or Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Service or Content;
- infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
- interfere with or disrupt the proper functioning of the Service or Content, Company or any third party systems used to host the Service, or other equipment or networks used to provide the Service or Content;
- communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Service, or any part thereof;
- circumvent the user authentication or security of the Service or any host, network, or account related thereto;
- use any application programming interface to access the Service or Content;
- make any use of the Service or Content that violates any applicable local, state, national, international or foreign law including U.S. and foreign export regulations and restrictions;
- fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution or other disclosure of the Service or Content;
- allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Company for someone other than the individual identified in the account information; or
- cause damage to Company’s business, reputation, employees, members, facilities, or to any other person or legal entity.
Any scraping, automated access, or other unauthorized access to and storage of Service or Content will result in immediate termination of your access to the Service, Content, and your account. Use of the Service or Content for any purpose other than what is described in this Section is prohibited.
3. THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.
You may need to use or obtain additional products or services in order to access and use the Service, such as a device, internet access, or a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).
4. THIRD PARTY WEBSITES AND LINKS.
The Service may contain hyperlinks to websites outside of the Service. Company does not control, is not responsible for, and does not endorse the content or accept any responsibility for User’s access to or use of those websites. User should refer to the policies posted by other websites before accessing and using them.
5. SERVICE AVAILABILITY AND SUPPORT.
You may access the Service if and when it is available. Access to some Content may be time-limited. Company does not guarantee availability of the Service or Content. The Service may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, Company reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Service and Content at any time and without notice. Company has no obligation to provide any support in relation to the Service or Content.
6. USER CONTENT.
Company does not control and is not responsible or liable for any Content submitted to the Service by Users (“User Content”). You acknowledge, represent, and agree that all User Content submitted through your account(s) is submitted voluntarily and that if you submit User Content to any area of the Service that is available to others, that Company does not control and is not responsible for the use of your User Content by others. If you elect to submit, provide or make available your User Content to Company or the Service, you: (a) grant to Company and all others who have access to your User Content through the Service or otherwise, a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of your User Content (and derivative works thereof) in any form or medium (whether now known or later developed), without credit or compensation to you, and in Company’s sole discretion, to publish your name and other information about you in connection with your User Content; and (b) acknowledge that you receive no licenses to the Service or Content except as expressly provided in these Terms. Company is under no obligation to post your User Content or any other User Content on the Service and may, in its discretion, edit, block, refuse to post, or remove any User Content (including your User Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that your User Content does not infringe the rights of Company or any third party or violate these Terms or any applicable law. If Company suspects violations of the foregoing, Company may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for your User Content and any other User Content you provide to Company or make available through the Service. You are responsible for backing up your User Content and information that you upload to the Service.
7. CERTAIN RESERVED RIGHTS.
Company reserves the right in its respective sole discretion to change, suspend or discontinue any aspect of the Service at any time, including the availability of any feature or content; to impose limits on certain features and services or restrict access to parts or all of the Service without notice or liability; and to require the return or destruction of the Content (together with any copies thereof) at any time.
8. WARRANTY DISCLAIMER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. IN PARTICULAR, COMPANY MAKES NO WARRANTY THAT THE SERVICE, CONTENT, OR USER CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) TO THE EXTENT SUCH SERVICE, CONTENT, OR USER CONTENT CONTAINS DEFECTS OR ERRORS, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THE SERVICE AND CONTENT MAY CONTAIN HISTORICAL INFORMATION THAT IS NOT CURRENT. THE SERVICE AND CONTENT ARE PROVIDED FOR YOUR GENERAL INFORMATION AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE, OR MORE TIMELY SOURCES OF INFORMATION. THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR USING THE SERVICE, CONTENT, AND USER CONTENT, INCLUDING ANY RESULTING DAMAGE OR LOSS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE SERVICE, CONTENT, OR USER CONTENT WILL BE TO REQUEST THAT COMPANY CORRECT THE MATTER OR, IF COMPANY FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE SERVICE.
COMPANY USES AVAILABLE THIRD PARTY DATA TO CREATE GRAPHICAL FILES (INCLUDING TFRS - TEMPORARY FLIGHT RESTRICTIONS), BUT COMPANY DOES NOT GUARANTEE THAT THE ORIGINAL SOURCES (INCLUDING THE FAA) HAVE PROVIDED DATA THAT IS ACCURATE, COMPLETE, TIMELY, OR PROPERLY FORMATTED FOR DISPLAY. USERS SHOULD ALWAYS CONTACT OFFICIAL SOURCES FOR THE MOST ACCURATE AND TIMELY UPDATES.
THE SERVICE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
9. DISCLAIMER OF CERTAIN DAMAGES.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE APP, CONTENT OR THESE TERMS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 8 OR 9, COMPANY'S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SERVICE, CONTENT OR THESE TERMS WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICE AND CONTENT UP TO $100.00. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE APP, CONTENT OR THESE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
11. NOTICE ON POTENTIAL LIMITS OF SECTIONS 8 TO 10.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 11 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
12. INDEPENDENT REMEDIES.
The exclusion of damages under Section 9 is independent of your exclusive remedy in Section 10 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 9 and 10 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
13. GOVERNING LAW AND DISPUTE RESOLUTION.
The Terms will be governed by and construed in accordance with the laws of the state of Washington, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and Company agree to exclusive jurisdiction and venue in the state and federal courts located in King County, Washington, USA. For any dispute or claim you may have arising out of or relating to the Service, Content or these Terms, you and Company will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution before pursuing a claim in accordance with Section 14. Notice to Company will be sent to the contact in Section 19. Company will attempt to notify you in writing if we have your email or mailing address. If Company does not have your address we will post a notice in the legal notices section on our web site at www.aircareinternational.com/legal-notices. You and Company each agree to negotiate disputes and claims in good faith. If the parties are unable to resolve the dispute or claim within 60 days after Company receives your notice or we mail or post the notice to you, you and Company agree that each may pursue the dispute or claim in accordance with the processes outlined in Section 14. Notwithstanding Section 14, if, for any reason, a dispute between the parties proceeds in federal or state court, the parties hereby waive their respective rights to a trial by jury of any claim or cause of action based upon or arising out of or related to the Terms, in any action, proceeding or other litigation of any type brought by a party against the other party, whether with respect to contract claims, tort claims, or otherwise. This waiver applies to any subsequent amendments, renewals, supplements, or modifications to these Terms.
14. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER.
YOU AND COMPANY EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THE SERVICE, CONTENT, OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND COMPANY ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN SECTION 13). YOU AND COMPANY EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT. YOU AND COMPANY AGREE THAT THE LOCATION OF THE ARBITRATION OR COURT WHERE THE DISPUTE WILL BE RESOLVED WILL BE THE LARGEST CITY IN YOUR STATE WITHIN 100 MILES OF WHERE YOU LIVE. YOU AND COMPANY EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and Company each are responsible for its own respective costs relating to the arbitration, except that Company will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees. If you are unable to resolve the dispute after following the process in Section 13 and you want to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to the contact listed for us in Section 19.
You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, partners, suppliers, and licensors from and against all costs, losses, expenses, including attorneys’ fees, claims including claims by third parties, and liabilities relating to, arising from, or allegedly arising from (a) the Service and Content; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law.
16. INTELLECTUAL PROPERTY.
Any and all rights, titles, interests, copyrights, trademarks, tradenames, or other intellectual property rights in the Service and Content belong to Company or its licensors. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring you or any User with any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
17. COPYRIGHT INFRINGEMENT; NOTICE AND TAKEDOWN PROCEDURES.
Company relies on our Users to bring copyright violations to our attention. If you are aware of infringing material on the Service, please notify Company at:
CEO, Aircare International, 401 E 25th Street, Suite H, Tacoma WA 98421
To be effective, the notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the material;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing including information reasonably sufficient to permit Company to locate it on the App;
- Your name and the mailing address, telephone number, and email address where we can contact you;
- A statement that you have a good faith belief that use of the material on the Service is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, Company does not guarantee any action based upon the receipt of your notice. ALL NOTICES THAT DO NOT COMPLY WITH THE ABOVE REQUIREMENTS WILL RECEIVE NO RESPONSE.
18. TERM AND TERMINATION.
These Terms are effective until terminated. You may terminate your account or your use of the Service at any time. Company reserves the right to terminate your account, these Terms, and/or suspend or terminate the Service at any time with or without prior notice. Sections 6 to 22 of these Terms will survive termination.
Company may give you all required notices (including legal process) that Company is required to give by any lawful method, including by posting notices on the Service or by sending it to any email or mailing address that you provide to Company. You agree to provide current and accurate contact information to Company and to check for notices posted on the Service. You agree to send Company any notice by mailing it to the following address:
Aircare International, 401 E 25th Street, Suite H, Tacoma WA 98421
20. CHANGES TO THESE TERMS.
Company reserves the right to change these Terms at any time upon notice to you which may be provided by updating these Terms on the Service or emailing the updated Terms to you. You can review the most current Terms at any time at www.aircareinternational.com/terms-of-use. If, at any time, you do not agree to the Terms, you should stop using the Service. If you continue to use the Service but you do not agree to the Terms, you may no longer have access to the Services.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Company intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Company if it is in a written document signed by Company. Both you and Company warrant to each other that, in entering these Terms, neither Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Company, or Company’s successors and permitted assigns, will have any right to enforce any of these Terms.
22. NOTICE REGARDING APPLE.
If you are using Aircare International App on an iOS device, the terms of this Section 22 apply. You acknowledge that these Terms are between you and Company only, not with Apple, and Apple is not responsible for the Service or Content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: product liability claims; any claim that the Service fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.