AirWorks Solutions LLC, Terms of Service
Effective date: 2/8/2018
Welcome to AirWorks. Please read on to learn the rules and restrictions that govern your use of our website (all features of our website, collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with AirWorks with respect to its Services (each, a “Related Agreement”). To the extent these Terms conflict with a Related Agreement, the terms of the Related Agreement shall control.
AirWorks reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
The Services are intended solely for persons who are at least 18 years old. By using the Services you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, logos, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.
You acknowledge that the Content, including all associated intellectual property rights, are the exclusive property of AirWorks and its licensors.
Conditioned upon your compliance with these Terms, AirWorks grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the license rights granted in this Section 4. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AirWorksor its licensors, except for the licenses and rights expressly granted in these Terms.
5. Third Party Content
By using the Services, AirWorks may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that AirWorks does not control such third party websites and services, and cannot be held responsible for their content, operation, or use. AirWorks does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third party websites and services. AirWorks disclaims any and all responsibility or liability for any harm resulting from your use of such third party websites and services, and you hereby irrevocably waive any claim against AirWorks with respect to the content or operation of any such third party websites and services.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You agree that AirWorks has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services. AirWorks will own, and you hereby assign to AirWorks, all right, title, and interest, including all intellectual property rights, in and to such Feedback.
You agree that AirWorks may contact you by email or telephone at any of the phone numbers provided by you or on your behalf, including for marketing purposes. If you sign up to receive communications from us via our email list, or telephone communications, we will provide you with the ability to decline – or “opt-out of” – receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to “opt–out” of formal notices concerning operation of the Services, and legal and other related notices concerning your relationship to the Services.
8. Acceptable Use
AirWorks hereby grants you permission to use the Services provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
(a) You may only use the Services for personal use, or for internal business use within your company or other entity. You may not transfer your access to others, or allow others to access the Services through your own access;
(b) You may only use the Services for lawful activity. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(c) You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology;
(d) Except as authorized through the Services, you may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or “scraping” any portion of the website content using a bot or other tool;
(e) You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers;
(f) You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including AirWorks);
(g) You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND AIRWORKS SOLUTIONS, LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. AIRWORKS SOLUTIONS, LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
10. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL AIRWORKS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $20, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by AirWorks (a) via email (in each case to the address that you provide) or (b) by posting to the website.
12. Notice for California Users
Under California Civil Code Section 1789.3, California Users of our Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834-1924, or by telephone at (800) 952-5210.
AirWorks may immediately and without notice terminate these Terms and disable your access to the Services if AirWorks determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) AirWorks believes, in good faith, that such action is needed to protect the safety or property of other Users, AirWorks, or third parties.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
14. No Waiver
The failure of AirWorks to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without AirWorks’ prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. AirWorks may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
17. Governing Law
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts. Any action based on, relating to, or alleging breach of these Terms must be brought in a state or federal court in Suffolk County, Massachusetts. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
18. Entire Agreement
These Terms constitute the entire agreement between you and AirWorks regarding your use of the Services, and supersede all prior written or oral agreements, except that the terms of any Related Agreement shall control to the extent there is a conflict between these Terms and the terms of the Related Agreement.
19. Contact Us
If you have any questions about the Services, please do not hesitate to contact us at email@example.com.