There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND AERSYS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms
- You must be at least 13 years old to use the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer,
license or assign your account, followers, username, or any account rights. With the exception of people or businesses
that are expressly authorized to create accounts on behalf of their employers or clients, Aersys prohibits the creation
of and you agree that you will not create an account for anyone other than yourself. You also represent that all information
you provide or provided to Aersys upon registration and at all other times will be true, accurate, current and complete
and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Aersys users.
- You are responsible for keeping your password secret and secure.
- You may not use the Service for any illegal or unauthorized purpose.
You agree to comply with all laws, rules and regulations (for example, federal,
state, local and provincial) applicable to your use of the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter
another website so as to falsely imply that it is associated with the Service or Aersys.
- You must not access Aersys' private API by means other than those permitted by Aersys.
Use of Aersys' API is subject to a separate set of terms available here ("API Terms").
- You must not interfere or disrupt the Service or servers or networks connected to the Service,
including by transmitting any worms, viruses, spyware, malware or any other code of a destructive
or disruptive nature.
- You may not inject content or code or otherwise alter or interfere with the way any Aersys page
is rendered or displayed in a user's browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited
to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not
encourage or facilitate violations of these Terms of Use or any other Aersys terms.
- Violation of these Terms of Use may, in Aersys' sole discretion, result in termination
of your Aersys account. If you violate the letter or spirit of these Terms of Use, or otherwise
create risk or possible legal exposure for Aersys, we can stop providing all or part of the Service
to you.
General Conditions
- We reserve the right to modify or terminate the Service or your access to the Service
for any reason, without notice, at any time, and without liability to you. You can deactivate
your Aersys account by logging into the Service and completing the form available here. If we
terminate your access to the Service or you use the form detailed above to deactivate your account,
your data will no longer be accessible through your account, but those materials and data may persist
and appear within the Service.
- Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately
cease.
- We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from
time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable
advance notice before the Updated Terms become effective. You agree that we may notify you of the
Updated Terms by posting them on the Service, and that your use of the Service after the effective
date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes
your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated
Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such
later date as may be specified in the Updated Terms, and will apply to your use of the Service from that
point forward. These Terms of Use will govern any disputes arising before the effective date of the
Updated Terms.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- There may be links from the Service, or from communications you receive from the Service,
to third-party web sites or features. There may also be links to third-party web sites or
features in images or comments within the Service. The Service also includes third-party content
that we do not control, maintain or endorse. Functionality on the Service may also permit
interactions between the Service and a third-party web site or feature, including applications
that connect the Service or your profile on the Service with a third-party web site or feature.
For example, the Service may include a feature that enables you to share Content from the Service
or your Content with a third party, which may be publicly posted on that third party's service or
application. Using this functionality typically requires you to login to your account on the
third-party service and you do so at your own risk. Aersys does not control any of these third-party
web services or any of their content. You expressly acknowledge and agree that Aersys is in no way
responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS
DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may choose, at your sole and absolute discretion and risk, to use applications that connect the
Service or your profile on the Service with a third-party service (each, an "Application") and such
Application may interact with, connect to or gather and/or pull information from and to your Service
profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an
Application to share information, you are consenting to information about your profile on the Service
being shared; (ii) your use of an Application may cause personally identifying information to be
publicly disclosed and/or associated with you, even if Aersys has not itself provided such information;
and (iii) your use of an Application is at your own option and risk, and you will hold the Aersys
Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via
automated means (except as may be the result of standard search engine protocols or technologies
used by a search engine with Aersys' express consent).
Rights
- Aersys does not claim ownership of any data that you post on or through the Service; however, it is
subject to the Service's Privacy Policy, available here http://aersys.io/privacy/.
- The Service contains content owned or licensed by Aersys ("Aersys Content"). Aersys Content is
protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Aersys,
Aersys owns and retains all rights in the Aersys Content and the Service. You will not remove, alter or
conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Aersys Content and you will not reproduce, modify, adapt, prepare derivative works
based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit
the Aersys Content.
- The Aersys name and logo are trademarks of Aersys, and may not be copied, imitated or used, in whole
or in part, without the prior written permission of Aersys, except in accordance with our brand
guidelines, available here: https://aersys.io/brand-policies. In addition, all page headers, custom
graphics, button icons and scripts are service marks, trademarks and/or trade dress of Aersys, and may
not be copied, imitated or used, in whole or in part, without prior written permission from Aersys.
- Although it is Aersys' intention for the Service to be available as much as possible, there will be
occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance
or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also,
Aersys reserves the right to remove any Content from the Service for any reason, without prior notice.
Content removed from the Service may continue to be stored by Aersys, including, without limitation,
in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
Consequently, Aersys encourages you to maintain your own backup of your Content. In other words, Aersys
is not a backup service and you agree that you will not rely on the Service for the purposes of Content
backup or storage. Aersys will not be liable to you for any modification, suspension, or discontinuation
of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to
breaches of security and that the submission of Content or other information may not be secure.
- It is Aersys' policy not to accept or consider content, information, ideas, suggestions or other
materials other than those we have specifically requested and to which certain specific terms, conditions
and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we
have developed or are developing independently. Accordingly, Aersys does not accept unsolicited materials
or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy,
you choose to send us content, information, ideas, suggestions, or other materials, you further agree
that Aersys is free to use any such content, information, ideas, suggestions or other materials, for any
purposes whatsoever, including, without limitation, developing and marketing products and services,
without any liability or payment of any kind to you.
Reporting Copyrights and Other IP Violations
- We respect other people's rights, and expect you to do the same.
- If you repeatedly infringe other people's intellectual property rights,
we will disable your account when appropriate.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, AERSYS CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER AERSYS NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "AERSYS PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE AERSYS CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO AERSYS OR VIA THE SERVICE. IN ADDITION, THE AERSYS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE AERSYS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE AERSYS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE AERSYS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE AERSYS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE AERSYS PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Aersys' request), indemnify and hold the Aersys Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Aersys in the defense of any claim. Aersys reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Aersys.
Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Aersys' request), indemnify and hold the Aersys Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Aersys in the defense of any claim. Aersys reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Aersys.
Arbitration
Except if you opt-out or for disputes relating to: (1) your or Aersys' intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Aersys (whether or not such dispute involves a third party) with regard to your relationship with Aersys, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Aersys hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Aersys will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Aersys is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Aersys or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Aersys can require the other to participate in an arbitration proceeding. To opt out, you must notify Aersys in writing within 30 days of the date that you first became subject to this arbitration provision. Please email the following email address with the subject "Terms of Use - Arbitration".
Email Address: legal@aersys.io
You must include your name and residence address, the email address you use for your Aersys account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Aersys.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Aersys must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Laws & Venue
These Terms of Use are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Aersys exclusively in a state or federal court located in Delaware, and to submit to the personal jurisdiction of the courts located in Delaware for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Aersys' failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Aersys reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Aersys.
Entire Agreement
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Aersys and governs your use of the Service, superseding any prior agreements between you and Aersys. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Aersys. Any purported assignment or delegation by you without the appropriate prior written consent of Aersys will be null and void. Aersys may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Aersys to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Aersys provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is January 01, 2018. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.