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User Agreement
AGREEMENT:
This web site (this "Site") is provided by Airo Wireless, Inc.,
("AIRO"), and your usage of this Site is governed by the provisions set
forth herein (this "Agreement"). Any person or entity accessing this Site
is permitted to use it only for the following purposes: obtaining information
about AIRO, obtaining information about AIRO's Products and Services,
accessing your AIRO account online, and obtaining online customer service
assistance regarding your AIRO Products and Services or your AIRO account.
By accessing this Site or downloading materials from this Site, you agree
to abide by the terms and conditions set forth in this Agreement, as well
as all other policies and procedures described in this Site. If you do not
agree to abide by the terms and conditions of this Agreement, as from time
to time amended and modified by AIRO, please disconnect from this Site, do
not use this Site in the future, and do not download any materials from this
Site.
The provisions of this Agreement apply exclusively to your access to, and
use of, this Site. None of the provisions of this Agreement alter, amend,
modify, or supplement the terms or conditions of any other agreements you
have with AIRO.
LIMITED LICENSE:
Subject to the terms and conditions set forth in this Agreement, AIRO
grants you a non-exclusive, non-transferable, limited right to access,
use, and display this Site and the materials displayed hereon. You covenant
to AIRO that you shall not interrupt, or attempt to interrupt, the operation
of this Site in any way or manner whatsoever.
AIRO authorizes you to view and download any and all of the information
("Materials") appearing on this Site for your personal, non-commercial use
solely in connection with your obtaining information about the purchase of
AIRO Products or Services, obtaining information about existing or previously
purchased Airo Products and Services, accessing your AIRO account online,
and obtaining online customer services in connection with the foregoing.
This authorization is not a transfer of title in or to any of the Materials;
and all copies of the Materials are subject to the following restrictions:
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You shall retain, on all copies of the Materials downloaded, all
copyright and other proprietary notices contained in the Materials;
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You shall not modify the Materials in any way or reproduce, copy,
sell, publicly display, perform, distribute or otherwise use them
for any public or commercial purpose; and
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You shall not transfer any of the Materials to any other person or entity.
INTELLECTUAL PROPERTY RIGHTS:
The Products and Services of Airo are protected by copyrights, international
treaties, and various patents either current or pending in the United States
and other countries. Use of this Site does not grant any intellectual
property rights (including, but not limited to, rights under patents,
designs, trademarks, copyrights, and trade secrets) to you, except as AIRO
has otherwise expressly stipulated in a separate written agreement. Without
limiting the generality of the foregoing, you acknowledge, stipulate, and
covenant to AIRO as follows:
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Copyrights. You shall abide by all additional restrictions displayed on
this Site as it may be updated from time to time. This Site and all
Materials displayed on this Site are copyrighted and protected by worldwide
copyright laws and treaty provisions. You shall comply with all copyright
laws worldwide in your use of this Site and that you shall prevent any
unauthorized copying of any of the Materials. Except as expressly provided
herein, AIRO does not grant you any other rights under any patents,
trademarks, copyrights, or trade secret information, and no other such
rights are to be implied in law or in fact.
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Trademarks. All trademarks used on this Site are either proprietary
trademarks or registered trademarks of AIRO, its affiliates, or its
licensors; and you covenant to AIRO that you shall may not copy, imitate,
or use (in whole or in part) any of such trademarks without AIRO's prior
written permission. Page headers, custom graphics, button icons, and
scripts are service marks, trademarks and/or trade dress of this Site;
and you covenant to AIRO that you shall not copy, imitate, or use (in whole
or in part) any of them without AIRO's prior written permission.
PROHIBITIONS AND RESTRICTIONS OF USE:
You covenant to AIRO that you shall not:
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Alter, disrupt, or interfere with the security of this Site, or any
services, system resources, accounts, servers or networks connected
to or accessible through the Site or affiliated or linked web sites;
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Alter, disrupt or interfere with any other user's use of the Site or
affiliated or linked Sites;
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Attempt to transmit through or on this Site any viruses or other harmful,
disruptive or destructive files;
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Attempt to access another person's or entity's account or personal
information, or create or use a false identity on this Site; and/or
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Attempt to obtain unauthorized access to this Site or portions of this
Site that are restricted from general access.
In addition, you acknowledge, stipulate, and covenant to AIRO that you are
solely responsible for actions and communications undertaken or transmitted
under your account, and that you will comply with all applicable local,
state and federal laws and regulations that relate to your use of or activities on this Site.
DISCLAIMER:
SOME OR ALL OF THE MATERIALS MIGHT CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. AIRO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY OF THE
MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR
INFORMATION WILL BE AT YOUR SOLE RISK. AIRO RESERVES THE RIGHT, IN ITS SOLE
DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE.
AIRO MAY MAKE ANY OTHER CHANGES TO THE SITES, THE MATERIALS, AND THE PRODUCTS,
PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED ON THIS SITE AT ANY TIME
WITHOUT NOTICE.
AIRO DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE, OR OF ANY OF
THE MATERIALS DISPLAYED HEREON, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AIRO ASSUMES NO
RESPONSIBILITY FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU (INCLUDING, BUT
NOT LIMITED TO, LOSSES FROM DELAYS, NON-DELIVERIES OF CONTENT OR ANY
COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OR MISCOMMUNICATIONS,
NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED
BY THE NEGLIGENCE OF AIRO, ITS AFFILIATES, ITS LICENSORS, OR YOUR OWN
ERRORS AND/OR OMISSIONS). THIS SITE, THE INFORMATION AND MATERIALS ON
THIS SITE, AND ANY SOFTWARE MADE AVAILABLE ON THIS SITE, ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE). SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MIGHT NOT APPLY TO YOU.
THIRD-PERSON SITES:
If this Site contains links to websites of any third persons, your access
to any other such linked internet sites is at your own risk. Airo does not
control, and is not responsible for the accuracy or reliability of any
information, materials, data, opinions, advice or statements made on any of
such other websites, or about any products or services found on any of those
sites, or about any search results that you may obtain from using them.
AIRO provides these links merely as a convenience and the inclusion of such
links does not imply an endorsement. Prior to providing any links to this
Site from other websites located on the Internet, you shall obtain the
prior written approval of AIRO.
INFORMATION PROVIDED BY YOU:
AIRO does not wish to receive confidential or proprietary information
from you through this Site, except as is necessary to enable AIRO to
provide Products or Services requested by you. Please note that other than
personal identifying information, use of which is governed by AIRO's
online Privacy Policy
and is kept confidential, any information or
communication you transmit outside of your on-line registration process or
post to this Site, and any data, images, sounds, text, and other material
embodied therein ("User Communication(s)") will be considered non-confidential
and non-proprietary. By submitting User Communications to this Site you:
(i) agree that AIRO, and its designated third-person service providers,
may disclose, reproduce, display, perform, adapt, modify, distribute,
have distributed, and otherwise use such User Communications in any form,
anywhere and for any purpose, unless AIRO has by another writing agreed to
limit its use thereof; (ii) agree that AIRO is free to use any ideas,
concepts, know-how or techniques that you send us for any purpose; and
(iii) warrant and represent that the public posting and use of your User
Communications by AIRO will not infringe or violate the rights of any
third person.
LIMITATION OF DAMAGES:
IN NO EVENT SHALL AIRO OR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES
BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS
OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE
USE OF, OR THE INABILITY TO USE,THE CONTENT, MATERIALS, AND FUNCTIONS OF
THE SITE OR ANY LINKED WEBSITE, EVEN IF AIRO IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
CHANGES:
AIRO reserves the right, in its sole discretion, to change, modify, add,
or remove any portion of this Agreement in whole or in part, at any time.
Changes in this Agreement will be effective when notice of such changes
is posted on this Site. Your continued use of this Site after any changes
to this Agreement are posted will be considered acceptance of those changes.
AIRO may terminate, change, suspend or discontinue any aspect of this Site,
including the availability of any features of this Site, at any time. AIRO
may remove, modify or otherwise change any content, including that of third
parties, on or from this Site. AIRO also may impose limits on certain
features and services or restrict your access to part or all of this Site
without notice or liability. AIRO may terminate the authorization, rights
and license given above and, upon such termination; you shall immediately
destroy all Materials. AIRO may terminate your use of this Site at any time
in its sole discretion.
ACCESS TO PRODUCT AND SERVICE INFORMATION:
Information regarding products or services available through this Site is
for your convenience only and is not intended as a substitute for any
periodic account or billing statement with respect to such products and
services, and should not be relied upon as such. You agree that the
features and information available within this Site do not supersede,
replace or otherwise modify the rights or obligations of you, AIRO or its
parent, subsidiaries or affiliates pursuant to the agreement(s) applicable to
such Products or Services.
INTERNATIONAL USE AND CHOICE OF LAW:
This Site is controlled, operated and administered by AIRO from its offices
within the United States of America. Access to this Site from territories
where its contents are illegal is prohibited. All provisions of this
Agreement are in all respects (including, but not limited to, performance,
breach, and the consequences of breach) governed by the internal,
substantive laws of the State of Georgia and the federal laws of the United
States of America, without giving effect to any of their provisions or
principles concerning any conflict of laws. For all disputes arising from
or related to this Site, you agree to submit to the personal and exclusive
jurisdiction of the state and federal courts located in Georgia. This
Agreement constitutes the entire agreement between AIRO and you with
respect to the terms of usage for this Site. Any cause of action you may
have with respect to your use of this Site must be commenced within
one (1) year after the claim or cause of action arises. If for any reason
a court of competent jurisdiction finds any provision of this Agreement or
portion thereof to be invalid or unenforceable, such provision shall be
enforced to the maximum extent permissible so as to affect the intent of
this Agreement, and the remainder of this Agreement shall continue in
full force and effect.; and such invalid or unenforceable will be
deemed severable from the other provisions hereofand will not affect the
validity or enforceability of such remaining provisions.
AIRO'S PRIVACY POLICY:
The Airo Privacy Policy
describes the types of information that AIRO
collects when you visit the Site and how AIRO uses such information.
COPYRIGHT NOTICES:
Except as otherwise noted on this website, the contents of this website
are copyrighted © 2007-2009 by Airo Wireless, Inc. All rights are reserved.
No part of the materials on this website, including website text,
graphics and html code, may be reproduced or transmitted in any form by
any means without the express written consent of Airo Wireless, Inc.
MISCELLANEOUS:
Subject to the terms of any other agreement(s) applicable to any Products
or Services accessed or purchased by you through this Site, these terms
constitute the entire agreement between you and AIRO governing your use
of this Site. Should any provision in these terms conflict with the terms
of any other agreement applicable to any Products or Services accessed,
requested or purchased by you through this Site, the terms of such other
agreement(s) will control with respect to the Products and Services to
which such terms apply.
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