TERMS AND CONDITIONS
Last updated
November 20, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are AIRCARE DATA, Inc.
, doing business as EarthCare.ai
(
"Company," "we," "us," "our")
, a company registered in
Delaware, United States
at 651 North Broad Street
, STE 201
, Middletown
, DE
19709
.
Our VAT number is 61-2080874.
We operate the
website
earthcare.ai
(the "Site")
, as well as any other related products and services that refer
or
link to these legal terms (the "Legal Terms") (collectively, the
"Services").
You can contact us by
phone at 1-562-646-7526, email at
[email protected]
, or by mail to
651 North Broad Street
, STE 201
, Middletown
, DE
19709
,
United States
.
These Legal Terms constitute a legally binding
agreement
made between you, whether personally or on behalf of an entity (
"you"), and
AIRCARE
DATA, Inc., concerning your access to and use of the Services. You agree that by accessing
the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO
NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND
YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may
be posted on the Services from time to time are hereby expressly incorporated herein by reference.
We
reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms
from time to time. We will alert
you
about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been
made
aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the
Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Services
from
other locations do so on their own initiative and are solely responsible for compliance with local
laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software,
website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well
as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair competition laws) and
treaties
in the United States and
around the world.
The Content and Marks are provided in or through the
Services "AS IS"
for
your internal business purpose
only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have
properly gained access,
solely for your
internal business purpose.
Except as set out in this section or elsewhere in
our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request
to: [email protected]. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must identify us as the
owners
or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you
in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have
when
you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled to
its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload: By
sending us
Submissions through any part of the Services you:
- confirm that you have read and agree with our
"PROHIBITED
ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit,
false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral
rights
to any such Submission;
- warrant that any such Submission are
original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned
rights in relation to your Submissions; and
- warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible
for
your Submissions and you expressly agree to reimburse us for any and
all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
By using the Services, you represent and warrant
that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply
with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal
or
unauthorized
purpose; and (
7) your use of the Services will not violate any
applicable law or regulation.
If you provide
any
information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend
or terminate your account and refuse any and all current or future use of the Services (or
any
portion thereof).
You may be
required to register to use the Services. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve the
right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
- Bank Transfer
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly
update account and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax will
be
added to the price of purchases as deemed required by us. We may change prices at any time. All
payments
shall be in a currency as invoiced.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment provider
for
any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed
through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers,
or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless
canceled. You
consent to
our charging your payment method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle will depend on the type of
subscription plan you choose when you subscribed to the Services.
Cancellation
All
purchases are non-refundable.
You can cancel your subscription at any time by contacting us
using
the contact information provided below. Your cancellation will take
effect
at the end of the current paid term. If you have any questions or are unsatisfied with our Services,
please email us at [email protected].
Fee Changes
We may, from time to time, make changes to
the
subscription fee and will communicate any price changes to you in accordance with applicable
law.
You may not access or
use
the Services for any purpose other than that for which we make the Services available. The
Services
may not be used in connection with any commercial endeavors
except those that are specifically endorsed or
approved by us.
As a user
of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly
or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of
the
Services, including features that prevent or restrict the use or
copying
of any Content or enforce limitations on the use of the Services
and/or
the Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass,
abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of
abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking
to
the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters
and spamming (continuous posting of repetitive text), that
interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that
acts
as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats (
"gifs"), 1×1 pixels, web
bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the
networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or
restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other
code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making
up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Services, or use or launch any
unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited
email,
or creating user accounts by automated means or under false pretenses
.
-
Use
the Services as part of any effort to compete with us or otherwise
use
the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
-
Sell or otherwise transfer your profile.
-
Re-sell the data as-is
8.
USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or
on
the Services, including but not limited to text, writings,
video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions
may be
viewable by other users of the Services and through third-party
websites. As such, any
Contributions you transmit may be treated in accordance with the
Services' Privacy Policy.
When you create or make available any Contributions, you
thereby represent and warrant that:
- The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but
not
limited to the copyright, patent, trademark, trade secret, or moral rights of
any
third party.
- You are the creator and owner of or have the
necessary
licenses
, rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your
Contributions
in any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to
use the name or likeness of each and every such identifiable individual person
to
enable inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd,
lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock,
disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten
(in the legal sense of those terms) any other person and to promote violence
against
a specific person or class of people.
- Your Contributions do not violate any applicable
law,
regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable
law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference,
or
physical handicap.
- Your Contributions do not otherwise violate, or
link
to material that violates, any provision of these Legal Terms, or any applicable
law
or regulation.
Any use of
the
Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the
Services.
You and Services agree
that
we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions
or
other feedback regarding the Services, you agree that we can use and share such feedback for any
purpose
without compensation to you.
We do not assert any
ownership
over your Contributions. You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions. We are not liable
for
any statements or representations in your Contributions provided by you in any area on the Services.
You
are solely responsible for your Contributions to the Services and you expressly agree to exonerate
us
from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
10.
THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or
you
may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures,
designs, music, sound, video, information, applications, software, and other content or items belonging
to
or originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated,
monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed
from
the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or
other policies of or contained in the Third-Party Websites or
the
Third-Party Content. Inclusion of, linking to, or permitting
the
use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof
by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should
be
aware these Legal Terms no longer govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from the Services or relating
to
any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from
other
companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the
products or
services offered on Third-Party Websites and you shall hold
us
blameless from any harm caused by your purchase of such products or services. Additionally, you shall
hold
us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way
from
any Third-Party Content or any contact with Third-Party Websites.
11.
SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action
against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of
your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability,
to remove from the Services or otherwise disable all files and content that are excessive in size or are in
any
way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our
rights
and property and to facilitate the proper functioning of the Services.
12.
PRIVACY
POLICY
We care about data privacy and
security. Please review our Privacy Policy:
http://www.earthcare.ai/privacypolicy.html
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in the Netherlands
. If you access the Services from any other region of the world with
laws
or other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in
the Netherlands
, then through your continued use of the Services, you are
transferring
your data to
the Netherlands
, and you expressly consent to have your data transferred to and
processed in
the Netherlands
.
13.
TERM
AND TERMINATION
These Legal Terms shall remain
in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the right to take appropriate
legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
14.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services
will be available at all times. We may experience hardware, software, or other problems or need to
perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right
to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services
or to supply any corrections, updates, or releases in connection therewith.
15.
GOVERNING
LAW
These Legal Terms and your use
of
the Services are governed by and construed in accordance with the laws of
the State of Delaware
applicable to agreements made and to be entirely performed within
the State of Delaware
, without regard to its conflict of law
principles.
16.
DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim
related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute
(except those Disputes expressly provided below) informally for at least thirty
(30)
days before initiating arbitration. Such informal negotiations commence upon written notice from
one
Party to the other Party.
Binding
Arbitration
If
the
Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes
expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration
Association
(AAA) website. Your arbitration fees and your share of arbitrator compensation shall
be
governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and
any
award may be challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable
AAA rules or applicable law, the
arbitration will take place in
Delaware
. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute
shall be commenced or prosecuted in the
state and
federal
courts
located
in
Delaware
, and
the
Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such state and federal
courts
. Application of the United Nations Convention on
Contracts
for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any
way
to the Services be commenced more than one (1) years after the cause of
action
arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of
this
provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties
agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf of the general
public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related
to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If
this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties
agree to submit to the personal jurisdiction of that court.
17.
CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without
prior
notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO
AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19.
LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES
BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD PRIOR TO
ANY
CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
20.
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set
forth
in these Legal Terms; (4) your violation of the rights of
a
third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at
your
expense, to assume the exclusive defense and control of any matter for which you are required
to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts
to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
21.
USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you
agree that all agreements, notices, disclosures, and other communications we provide to you
electronically,
via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
23.
CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24.
MISCELLANEOUS
These Legal Terms and any policies or operating
rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against
us
by virtue of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
25.
CONTACT
US
In order to resolve a complaint regarding the
Services
or to receive further information regarding use of the Services, please contact us at:
AIRCARE DATA, Inc.
651 North Broad Street
STE 201
Middletown
, DE
19709
United States
Phone: 1-562-646-7526