Effective Date: February 7, 2022
1. Electronic Signature and Disclosure Consent Notice
3. No Use Where Prohibited
II. YOUR USE OF THE A2E WEBSITE
1. Your Account and Information
To use the A2E Website and Services, you must register for an account on the A2E Website and provide information about yourself as prompted by the site registration form. As part of the registration for the A2E Website, you will use your true legal name and true electronic mail address, and only provide true, accurate and complete information on the A2E Website and notify A2E immediately of any change in such information.
A2E reserves the right to refuse or reject any request to create an account for any or no reason at A2E’s sole discretion. You are solely responsible for your account, your contact information and other information made available through your account or otherwise via the A2E Website. You will use reasonable care to protect the confidentiality of your log-in information for your account and will not share it with any other person. You will be entirely responsible for the conduct of any person using the A2E Website or accessing your account through use of your log-in information.
2. License to Use A2E Website
3. Your Use of the A2E Website
By accessing or using the A2E Website, you agree that you will not use the A2E Website in any way that:
· is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that A2E deems in its sole discretion to be inappropriate;
· may harm A2E, its service providers, or any other person or entity;
· violates or infringes the rights of anyone else;
· gains or tries to gain unauthorized access to the A2E Website or any portion thereof, A2E’s computers and networks, or A2E’s user data, or that otherwise modifies or interferes with the use or operation of the A2E Website;
· imposes an unreasonable or disproportionately large load on A2E’s or its business partners’ infrastructure, including, without limitation, transmitting spam or using other unsolicited mass emailing techniques;
· alters, damages, or deletes any content provided by A2E or others, or removes or modifies any copyright or other intellectual property notices that appear on the A2E Website;
· contains computer viruses or other disruptive, damaging or harmful files or programs; or
In addition, you represent and warrant that:
· you have the right to provide to A2E the information and any other content that you may provide using the A2E Website;
· you will use your true legal name and true electronic mail address, and only provide true, accurate and complete information on the A2E Website;
· you will not impersonate another person or entity or misrepresent your affiliation with another person or entity, such as by using another person’s or entity’s username, password or other account information or another person’s or entity’s name, likeness, image or photograph;
· you are at least 18 years of age, or the legal age of majority where you reside;
III. THIRD PARTY CONTENT; DISCLAIMERS
1. Third Party Content
The A2E Website includes, among other things, content provided by third parties and may also contain links to third party sites (collectively, “Third Party Content”). A2E does not take responsibility for any Third Party Content. You understand that A2E has no obligation to, and generally does not, approve or monitor materials provided by third parties, including, without limitation, through the A2E Website.
UNDER NO CIRCUMSTANCES WILL A2E BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT OR ANY THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE TRANSMITTED VIA THE A2E WEBSITE.
2. Accuracy of Data
A2E makes no warranties or representations as to the accuracy, completeness or timeliness of the content provided as part of the A2E Website or any of the Services. A2E assumes no liability or responsibility for any errors or omissions in the A2E Website. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any materials or content.
3. Security of Communications
A2E is committed to maintaining the security of the data you provide us and will take reasonable precautions to protect your personal information. However, there is always some risk in transmitting information over the Internet. Because the A2E Website is provided through the Internet, you agree that when you use the A2E Website, your communications may be intercepted by others. For this reason, A2E cannot guarantee the security and privacy of transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of the A2E Website by you. You agree that you will not hold A2E liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
THE A2E WEBSITE AND SERVICES ARE PROVIDED “AS IS,” AND A2E: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, INFRINGEMENT AND TITLE; AND (iii) DOES NOT REPRESENT OR WARRANT THAT THE A2E WEBSITE OR SERVICES WILL BE ACCURATE OR ERROR-FREE, WILL BE AVAILABLE OR THAT ACCESS WILL BE UNINTERRUPTED, WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF, OR INABILITY TO USE, THE A2E WEBSITE OR SERVICES. USE OF THE A2E WEBSITE AND SERVICES IS AT YOUR SOLE RISK. A2E MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE A2E WEBSITE OR SERVICES. A2E EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTIES AS TO THE SERVICES (EXCEPT AS EXPRESSLY DESCRIBED ABOVE) OR ANY BENEFIT THAT MAY BE ACCRUED FROM THE THIRD PARTY PAYMENTS.
Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Neither A2E, any of its employees or contractors, nor any other party involved in producing or delivering the A2E Website or Services, shall be held liable for any improper or incorrect use of the A2E Website, consent or services.
V. SUBMISSION OF FEEDBACK
If you submit a comment, suggestion or any other material (“Feedback”) to A2E related to the A2E Website or the Services (excluding any illegal content), you hereby assign all ownership in and to such Feedback to A2E and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant to A2E a non-exclusive right to use, display, reproduce, modify and distribute the Feedback in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. Without limiting any of the foregoing, A2E will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner that A2E may determine, without any obligation of confidentiality, attribution or compensation to you. By submitting Feedback, you represent and warrant to A2E that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
VI. OWNERSHIP OF INTELLECTUAL PROPERTY
VII. LIMITATION OF LIABILITY AND INDEMNITY
1. Limitation of Liability
YOU SHALL AND HEREBY DO RELEASE A2E, ITS AFFILIATES, SUPPLIERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND CONTRACTORS FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE A2E WEBSITE OR SERVICES. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
NEITHER A2E, NOR ITS AFFILIATES, SUPPLIERS AND LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE A2E WEBSITE OR SERVICES, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.
VIII. APPLICABLE LAW
Any dispute arising out of your use of the A2E Website shall be resolved according to the laws of the State of Delaware, United States of America, without giving effect to its principles of conflicts of laws. The federal and state courts of the State of Delaware shall have exclusive jurisdiction over all claims.
IX. SUSPENSION AND TERMINATION
1. Suspension or Termination by A2E
A2E reserves the right to modify, terminate and suspend the operation of the A2E Website and Services (or any portion thereof) without notice or liability, at any time and for any or no reason in its sole and absolute discretion.
2. Cancellation of Account by You
You may choose to cancel your account at any time by contacting A2E via the contact information below. If you cancel your account, your information that was collected via the A2E Website may be deleted, however you will no longer be permitted to access or use the Services.
Notices should be sent to:
Air to Earth LLC
60 East 42nd Street – Suite 4600
New York, NY 10165
XI. CONTACT US