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TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE IT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR WEBSITE AND CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US

These “Terms of Use” represent and contain the terms and conditions that constitute the legal agreement between you and Webair Internet Development, Inc. (“we”, “our” or “us”) regarding your use of our Website. We will use the term “Website” to refer to http://www.webair.com, the primary United States Webair website on the World Wide Web, as well as all equivalent, mirror, replacement, substitute or backup websites and all included web pages and all the services, features and functions that are offered and made available on, through or using our Website, as well as all of the Content that relates to our Website. Our Privacy Policy, as well as any Additional Terms (as defined below) that apply to you, are all part of these Terms of Use and form a part of your legally binding agreement with us regarding the Website. When you use or take advantage of any features, functions or services provided on our Website or you participate or engage in activities or transactions in connection with our Website, including, but not limited to services, promotions, e-newsletters and email, you are also confirming your agreement to be bound by and comply with any and all of the additional terms and conditions that we indicate apply to you in doing or attempting to do those things (referred to individually and collectively, as “Additional Terms”).

You, and anyone using our Website, may be referred to in these Terms of Use as a “user”. The words "use" or "using" means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange data or communicate with our Website or in any way utilizes, benefits, takes advantage of or interacts with any feature, function or service of the Website, in any way and for any purpose whatsoever. We obtain certain information from all users of our Website and you should refer to our Privacy Policy that contains important information and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of our Website.

These Terms of Use do not cover any other websites, web pages, services, transactions, relationships, activities or other things, nor any transactions or relationship you may have with any of our suppliers, advertisers, licensors, internet service providers, operational service providers, promotional partners, sponsors or any other person, firm or enterprise, unless specifically stated. These Terms of Use also do not cover your rights or responsibilities with respect to third party content or links that may direct your browser or your connection to third party sites or pages, even if they appear on or are linked with our Website and you should refer to the terms of use and privacy policies applicable to these third parties since they, not us, are responsible for them.

By using the Website you are confirming that you have read, understand and agree to, shall abide by and comply with all of the terms and conditions of these Terms of Use, including our Privacy Policy and any Additional Terms.

MODIFICATIONS

We have the right, any time and from time to time, for any reason in our discretion, to change these Terms of Use, including the Privacy Policy and any Additional Terms that apply to our Website. We will post notices of material changes on our Website and we may also, at our discretion, send you an email regarding any changes. Once we post them, these changes become effective immediately. If you use our Website after we post a notice of a change, you will be bound by the change. Please check back to these Terms of Use frequently so you are aware of the most current terms and conditions of your agreement with us. We also reserve the right, any time and from time to time, in our discretion, to modify, suspend or discontinue all or any portions of our Website without notice and without liability to you or any other party.

PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

Content” refers to all content, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectible elements of our Website, tangible or intangible, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in Marks or other intellectual property which you may encounter, which are provided by, available from, or for your use in connection with our Website. We use the term “Marks” to refer to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. Marks that are not our property are used with permission from the applicable third party. You may not alter, delete, obscure or conceal any copyright or other notices, nor are you permitted to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate or use any Content in violation of these Terms of Use.

Content is either our property or owned by our licensors, suppliers, operational service providers, advertisers, business or promotional partners or sponsors and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties. We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using our Website and you expressly agree that your use of our Website is solely at your own risk. You agree that all of these entities are third-party beneficiaries under these Terms of Use and both we and they can protect our respective rights and enforce these Terms of Use against you. Any rights not specifically granted to you by us are fully reserved by us and any unauthorized or prohibited use of our Website may subject you to civil liability, criminal prosecution, or both.

RULES OF CONDUCT

Your use of our Website is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your email address, account or user ID. You may not use, allow or enable others to use our Website or knowingly allow use by others, in any manner that is, attempts or is likely to:

  • (a) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to impersonate anyone else;
  • (b) affect adversely or reflect negatively on us, our Website or on our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of our Website, from becoming a Webair customer or from advertising, linking or becoming a supplier or licensor to us;
  • (c) send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, "spamming" (i.e., SPAM) or “phishing”;
  • (d) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for compensation or through links with any other website or web pages;
  • (e) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware, adware, malware, “warez” or other potentially harmful programs, material, code or information;
  • (f) forge any TCP/IP packet header or part of the header information in any message, email, chat or posting for any reason;
  • (g) violate any laws, regulations, judicial or governmental orders, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
  • (h) gain unauthorized access to any other user's account, user ID, names, passwords, Personal Information, profile, or other computers, websites or web pages connected or linked to our Website or to use our Website in any manner which violates or is inconsistent with these Terms of Use;
  • (i) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Website or the rights or use and enjoyment of our Website by others; or
  • (j) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Website.

LINKS TO THIRD PARTY SITES

The display of URLs, hypertext links on our Website (including within messages) or any other form of re-direction of your connection to, with or through our Website (‘links’) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links. We do not verify or have any responsibility for any other parties or websites (or their privacy policies) or for any of their goods or services even if we have a marketing, advertising or other arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities. Our Privacy Policy describes how we treat Personal Information we obtain from you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

OUR WEBSITE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTEE OR ASSURANCE THE WEBSITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

We are also not liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of our Website. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of our Website.

YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR AFFILIATES, SUCCESSORS OR ASSIGNS NOR OUR OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF OR ARISING FROM OUR WEBSITE, REGARDLESS OF THE FORM OF ACTION, THE LEGAL THEORY OR BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US $100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend and indemnify us, our affiliates, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, wireless or mobile carriers, operational service providers and suppliers against any and all demands, claims and actions (“Claims”) and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys' fees) (“Losses”) resulting from your breach or violation of these Terms of Use, your violation of any law or regulation or your infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.

MISCELLANEOUS

These Terms of Use, including our Privacy Policy and any Additional Terms are legally binding and constitute your agreement with us regarding the Website. They cannot be changed orally, by course of dealing or conduct or otherwise, but only as set forth in these Terms of Use. If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision each of which will continue in effect. Any term or condition which must survive to allow us to enforce its meaning shall survive. No action arising out of these Terms of Use or your use of our Website, regardless of the form of action or basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, the date the first cause arose). Our delay or failure to take any action shall not be or be construed as a waiver of that or any other term, condition or right we may have.

If you breach (or we believe you may breach) these Terms of Use or we are notified, determine or have reason to believe you have or are engaging in conduct that violates any terms and conditions of these Terms of Use, we may suspend or terminate your use of our Website or services, in whole or in part, without notice to you.

LAW THAT APPLIES

Your use of our Website and these Terms of Use, shall be governed, construed and enforced by the laws of the State of New York applicable to contracts made, executed and wholly performed in New York. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

ENTIRE AGREEMENT

The Privacy Policy and any Additional Terms that may apply to you and your use of our Website, are incorporated into and form a part of these Terms of Use as if fully set forth herein and together represent the complete and exclusive statement of terms and conditions between you and us regarding the subject matter, superseding any and all prior or inconsistent agreements, understandings, discussions, communications, written, oral or otherwise.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AGREE TO BE BOUND BY AND FULLY COMPLY WITH ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN.

Questions.

If you have any questions about our Terms of Use, you can go directly to http://www.webair.com. If you cannot find the answer to a question related to our Terms of Use, you may contact our Webmaster at info@webair.com.

For reference, our Privacy Policy can be reviewed at any time at http://www.webair.com

These Terms of Use were last modified on JULY 4, 2010 and are effective immediately.

© Copyright 2012 Webair Internet Development, Inc. All Rights Reserved.


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