Acknowledgment and Agreement
Please read these Terms carefully before accessing and/or using the Sites and/or Services. By accessing and/or using the Sites and/or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access and/or use the Sites and/or Services and/or Services. Any objection to these Terms, or any part therefore, will be interpreted as a refusal to agree to these Terms.
Airbrij reserves the right to make changes to these Terms at any time and at our discretion. Any new feature or tools which are added to the Sites and/or Services shall be subject to these Terms, as amended. New versions of these Terms will not apply retroactively, but shall immediately replace and supersede the previous terms upon posting. Your continued access and use of the Sites and/or Services, or any part thereof, following the posting of the revised Terms means that you accept and agree to the changes.
By accessing and/or using the Sites and/or Services, you represent that you are at least 18 years of age, or the age of consent in the jurisdiction in which you access and/or use the Sites and/or Services, to create an account and use the Sites and/or Services. By creating an account and using the Sites and/or Services, you represent and warrant that:
- You can form a binding contract with Airbrij;
- You are not a person who is barred from using Airbrij under the laws of the United States or any other applicable jurisdiction (i.e., you do not appear on the U.S. Treasury Department list of Specially Designated Nationals or face any other similar prohibition); and
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
We reserve the right to terminate any account, at any time, with or without notice, for any conduct that we, in our sole discretion, determine is in violation of this Agreement, laws or regulations, or is otherwise harmful to another user of our Sites and/or Services or other third-party interests.
Conduct When Using the Sites and/or Services
By accessing and/or using the Sites and/or Services, you agree not to:
- Use the Sites and/or Services in any manner contrary to local, state, federal, or international laws, including but not limited to using the Sites and/or Services and the information contained therein to make determinations concerning financial loan applications, employment, housing, access to public services, or other related services.
- Use the Sites and/or Services for any commercial purpose without our prior written consent.
- Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Sites and/or Services without our prior written consent.
- Express or imply that any statements you make are endorsed by Airbrij.
- Use any robot, bot, spider, crawler, scraper, site search / retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites and/or Services or their content.
- Use the Sites and/or Services in any way that could interfere with, disrupt or negatively affect the Sites and/or Services or the servers or networks connected to the Sites and/or Services.
- Upload viruses or other malicious code or otherwise compromise the security of the Sites and/or Services.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Sites and/or Services.
- “Frame” or “mirror” any part of the Sites and/or Services without our prior written consent. Use meta tags or code or other devices containing any reference to Airbrij (or any trademark, trade name, service mark, logo or slogan of Airbrij) to direct any person to any other website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Sites and/or Services, or cause others to do so.
- Use or develop any third-party application that interacts with the Sites and/or Services without our prior written consent.
- Probe, scan, or test the vulnerability of our Sites and/or Services or any system or network.
- Encourage or promote any activity that violates these Terms.
We reserve the right to investigate and take any available action in response to any unauthorized use of the Sites and/or Services, including but not limited to termination of your account.
Links to other WebSites and Third Party Services
Our Sites and/or Services may contain links to third-party websites or services that are not owned or controlled by Airbrij, such as links to news stories, court websites, etc. Airbrij has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party websites or services so linked. Airbrij strongly urges you to read the terms and conditions and privacy policies of any third-party website or services you visit.
Modifying the Sites and/or Services
Airbrij is always striving to improve its Sites and/or Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time, as well as remove some features. If these actions do not materially impact your rights or obligations, we may not provide you with notice of these changes before making them. We may also suspend the Sites and/or Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account with Airbrij at any time and for any reason, by following the instructions in “Settings” in the Sites. Airbrij may terminate your account at any time without notice if it believes that you have violated this Agreement.
By creating an account, you grant to Airbrij a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access in order to properly deliver the Sites and/or Services (collectively, “Content”). Airbrij’s license to your Content shall be non-exclusive, except that Airbrij’s license shall be exclusive with respect to derivative works created through use of the Sites and/or Services. For example, Airbrij would have an exclusive license to screenshots of the Sites and/or Services that include your Content. In addition, so that Airbrij can prevent the use of your Content outside of the Sites and/or Services, you authorize Airbrij to act on your behalf with respect to infringing uses of your Content taken from the Sites and/or Services by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Sites and/or Services. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Sites and/or Services and researching and developing new ones.
You agree that Airbrij may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Airbrij or any other person.
Copyright, Trademark, and other Intellectual Property
You acknowledge that the Sites and/or Services and all materials on the Sites and/or Services, including without limitation to the Sites and/or Services’ design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Sites and/or Services, including without limitation to trademarks registered in the United States for “Airbrij” (collectively, “Marks”) are the sole property of Airbrij. In addition, all page headers, custom graphics, and custom icons are Marks of Airbrij.
Airbrij grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Sites and/or Services. This license is for the sole purpose of letting you use and enjoy the Sites and/or Services as intended by Airbrij, and as permitted by this Agreement. All rights not expressly granted herein are reserved by Airbrij. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of Airbrij by the respective trademark owner(s), or by Airbrij of the respective trademark owner(s).
Disclaimer of Warranties; Limitation of Liability; Indemnification
Disclaimer of Warranties.
Subject to applicable law, Airbrij makes the following disclaimers of warranties. Airbrij disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in results provided on the Sites and/or Services. Airbrij disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material made available through the Sites and/or Services. Airbrij disclaims any responsibility or liability for any harm resulting from downloading or accessing information or material on the Internet through the Sites and/or Services. Airbrij provides the Sites and/or Services on an “as is” and “as available” basis with no warranties whatsoever. Airbrij expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranty of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Airbrij further disclaims any warranties regarding the security, reliability, timeliness, and performance of the Sites and/or Services. Airbrij further disclaims any warranties relating to any information obtained through the Sites and/or Services, any links provided by the Sites and/or Services, as well as any information received through any of the links provided in the Sites and/or Services.
Limitation of Liability
Subject to applicable law, under no circumstances shall Airbrij be liable to any user of the Sites and/or Services for any direct, indirect, incidental, consequential, special, exemplary, and/or punitive damages, whether such damages or a claim for such damages is based on warranty, contract, tort (including negligence), or other claim available under applicable law, even if Airbrij has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Sites and/or Services, from inability to use the Sites and/or Services, or from the interruption, suspension, or termination of the Sites and/or Services (including such damages incurred by any third parties). This limitation shall also apply with regard to damages incurred by reason of other services or goods received through the Sites and/or Services or received through links provided on the Sites and/or Services, as well as by reason of any information or advice received through the Sites and/or Services or through links provided on the Sites and/or Services. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, lost data, loss of business goodwill, or other such damages. Such limitation shall further apply with regard to the performance or non-performance of the Sites and/or Services or any information that appears on, or is linked or related in any way to the Sites and/or Services. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) USD.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Airbrij and its respective officers, directors, agents, and employees from any and all complaints, demands, claims, damages, losses, costs (including attorneys’ fees), PENALTIES AND/OR OTHER expenses, due to, arising out of, or relating in any way to your access or use of the Sites and/or Services, or your violation of these Terms.
Under no circumstances shall Airbrij be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver
EXCEPT WHERE PROHIBITED BY LAW, YOU AND AIRBRIJ AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND AIRBRIJ (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, relating to our Sites and/or Services, or Content or Marks published by Airbrij on the Sites and/or Services, any transaction or relationship between us resulting from your use of our Sites and/or Services, communications between us, the information provided in connection with our Sites and/or Services, and INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY INTERNATIONAL, FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW.
THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A DELAWARE STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").
The following procedures shall apply:
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein. The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org. Unless otherwise agreed, the arbitration shall take place in the capital city of the state in which the consumer resides, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST AIRBRIJ, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITES AND/OR SERVICES OR MEMBERSHIP PLANS.
Governing Law; Jurisdiction and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its conflict of laws provisions or the laws of your state or country. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remaining portion of the Terms will continue in full force and effect.
These Terms are effective until terminated either by Airbrij or you. We, in our sole discretion, may suspend or terminate these Terms at any time with or without notice, and may deny you access to the Sites and/or Services or any portion thereof as a result. You may also terminate these Terms at any time by discontinuing your use of the Sites and/or Services and terminating your account. Upon termination of these Terms by us or you, you must destroy all materials obtained from the Sites and/or Services, including any and all copies of such materials whether made under these Terms or otherwise.
You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against Airbrij arising from or relating to the use of the Sites and/or Services must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred.
Entire Agreement; Severability; Relationship
These Terms constitute the entire agreement between you and Airbrij. If any part of these Terms are determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation or risks, and the remainder of these Terms will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. You agree that your Airbrij account is non-transferable and all of your rights to your account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Airbrij.
If you have any questions about these Terms, contact us at email@example.com.
Collection of your Personal Information
In order to better provide you with products and services offered, Airbrij may collect personally identifiable information, such as your:
Airbrij may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include:
We will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Airbrij collects and uses your personal information to operate and deliver the services you have requested. With your permission, in the form of expressly opting in during registration or account maintenance, Airbrij will also use your personally identifiable information to inform you of other products or services available from Airbrij and its affiliates.
Sharing Information with Third Parties
Airbrij does not sell, rent or lease its customer lists to third parties.
Airbrij may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Airbrij, and they are required to maintain the confidentiality of your information.
Airbrij may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Airbrij or the site; (b) protect and defend the rights or property of Airbrij; and/or (c) act under exigent circumstances to protect the personal safety of users of Airbrij, or the public.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
Children Under Thirteen
Airbrij does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use Airbrij Mobile.
From time to time, Airbrij may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Airbrij, you may opt out of such communications by clicking on the unsubscribe link at the bottom of the email message. If you are receiving marketing or promotional communications via text message/SMS, you may opt out by replying STOP from any text message you receive from us with this purpose. You may not opt out of receiving text messages intended solely for security verification/multi-factor authentication.
Changes to this Statement
Airbrij welcomes your questions or comments regarding this Statement of Privacy. If you believe that Airbrij has not adhered to this Statement, please contact Airbrij at:
Airbrij Technology Inc.
5470 Kietzke Lane, Suite 300
Reno, Nevada 89511
Email Address: firstname.lastname@example.org
Telephone number: +1-775-525-6496
Updated July 8, 2021