Terms of Service
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PLEASE READ THESE TERMS OF SERVICE CAREFULLY IN THEIR ENTIRETY.
Effective Date: Last updated on February 24, 2015
These Terms of Service (the “Terms”) sets forth the legal terms and conditions governing the use of the www.AirVantage website (the “Website”) by all users (the “User,” “You,” “Your”). The Website is owned and operated by Airvantage, LLC., a corporation under Texas, United States law (“AirVantage,” “We,” and “Our”). Use of the Website constitutes acceptance of these Terms. If you do not agree to the these Terms, you should immediately cease using the Website.
THE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AIRVANTAGE. USEAGE OF THE WEBSITES CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD NOT USE THE WEBSITE.
CHANGES: AirVantage reserves the right to change the Terms at any time and for any business reason. Review these terms regularly. Your continued use of the Websites following the posting of any revisions will mean you accept the revisions and will be legally bound by them.
1. Eligibility to Use
Only adults may register to use the Website with full administrative privileges. Use of the Website by anyone under age 18 must be done so under adult supervision.
2. Intellectual Property Rights; License
The Website is the property of AirVantage and its licensors, including all of its text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material. The Website is protected by copyrights, trademarks, trade secrets, patents, and other proprietary rights. AirVantage hereby grants the Users and all other a limited, non-exclusive, non-transferable, license to use the Website for their own personal or business purposes. You may not use, copy, distribute, modify or create derivative works from, or disclose, display, transmit, or post any portion of the Website for any purpose. AirVantage reserves all intellectual property rights not expressly licensed under these Terms to itself and its licensors.
3. Disclaimer of Warranties.
The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, AirVantage makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. AirVantage shall have no liability for any interruptions in the use of this Website. AirVantage disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not
allow the exclusion of implied warranties, therefore the above-referenced exclusion may not apply to You.
3. Limitation of Liability
AirVantage shall not be liable for any monetary damages resulting from use of the Website by any Users. Further, AirVantage shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any use of this Website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if AirVantage has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to You.
The USER and all Users shall indemnify and hold AirVantage, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and attorneys harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of any use of the Website, the violation of this Agreement, or infringement by any User of any intellectual property or other rights of any person or entity.
5. The USER’s Account
All USERS (of any USERship group if formed in the future) of the Service shall receive a password and an account. USERs are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. The USER agrees to notify AirVantage of any unauthorized use of the USER’s account or any other breach of security known to the USER. The USER’s right to use the Website is personal to the USER. The USER agrees not to resell or make any commercial use of the Website without the express written consent of AirVantage.
7. Modifications and Interruption to Service
AirVantage reserves the right to modify or discontinue the Website with or without notice to the USER or any other User. AirVantage shall not be liable to any person should it exercise this right. Users acknowledge and accept that AirVantage does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third-Party Sites
Our website may include links to other websites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the availability of, or the content located on or through, any third-party website. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such sites. We have no control over any third party websites and encourage our USERs and Users to be careful when visiting other websites.
9. Governing Law and Jurisdiction
Our website is operated and provided from our offices in the State of Texas. As such, hese Terms are governed by the laws of the State of Texas. No conflict of laws provisions of any jurisdiction will apply to these terms. We make no representation that our website or other services are appropriate, legal or available for use in other legal jurisdictions. Any disputes regarding the interpretation, application, or enforcement of these Terms must be brought in the state or federal courts located in Houston, TX United States.
11. Copyright Information
AirVantage respects the intellectual property rights of others, and requires that the people who use the Website do the same. It is our policy to respond promptly to any claims that intellectual property rights are being violated via the Website. If you believe that a work that you own or have rights to has been copied and made accessible on the Website in violation of your rights, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) the identification of the copyrighted work at issue; (c) the identification of the material that is claimed to infringe the copyrighted work and information reasonably sufficient to permit AirVantage to locate the material, including the full URL; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
Request Information through email using contact form
“AirVantage” are trademarks of AirVantageco.com, LLC. All other marks, names, and logos used on the Website are the property of AirVantage or their respective owners. Your use of the AirVantage trademarks and other marks, names and logos set forth on the Website without our prior written consent is strictly prohibited.
12. Account Termination/Suspension
AirVantage retains the right, at our sole discretion, to refuse service to anyone, for any reason, at any time. Such termination may be effected without prior notice in AirVantage’s sole business discretion. AirVantage shall not be liable to any User or other party for any such termination. AirVantage reserves the right to delete or save a User’s content upon a termination in its sole discretion.
13. Other Terms
These terms shall not create an agency, partnership, franchise, or joint venture relationship between AirVantage and any USER or User. All notices made pursuant to these Terms must be delivered in person or by means evidenced by a delivery receipt to the principal business or permanent residence address of the party receiving the notice. AirVantage may assign these Terms to any third party in its sole business discretion without prior notice to a USER or any other person. These Terms shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns. Any express waiver or failure by AirVantage to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision. AirVantage is not liable under these Terms for any breaches caused by events or conditions beyond that its control. These Terms state the entire agreement of AirVantage and all Users relating to its subject matter. These Terms may not be modified unless a duly authorized representative of AirVantage consents.