Terms of Use

Last Updated October 05, 2020 by Airside Mobile Inc.

Airside Mobile, Inc. (“Airside”) operates its website, located at www.airsidemobile.com (the “Site”). Please read the following Terms of Use carefully before using the Site.

1. Applicability and Acceptance of these Terms of Use.

 
 

By viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms of Use as a binding legal agreement between you and Airside, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who views, uses, accesses, places an order, makes a transaction, browses or submits any content or material to the Site. If you do not agree to these Terms of Use, then you may not use the Site. Airside reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

2. User License Scope.

 

Airside grants you permission (which may be revoked at any time for any reason or no reason) to view the Site and to download, email, share via social networking or print individual pages from the Site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except as specifically authorized by Airside, you may not access the Site with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Airside reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Airside. You may like or follow Airside or share links to the Site via social networking technology reference on the Site. Any rights not expressly granted herein are reserved.

3. User Conduct.

 

You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations.

You also agree:

not to use the Site or its services or submit content to the Site if you are under the age of 13;
not to use the Site for illegal purposes;
not to commit any acts of infringement on the Site or with respect to content on the Site;
not to use the Site to engage in commercial activities apart from sanctioned use of Airside services;
not to copy any content, including, but not limited to republication in print or on-line;
not to attempt to gain unauthorized access to other computer systems from or through the Site;
not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;
not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
not to disrupt, interfere with, or otherwise harm or violate the security of the Site.

4. Harm from Commercial Use. 

 

You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Airside will be entitled to temporary and permanent injunctive relief to prohibit such use.

5. Proprietary Rights.

 

Proprietary Rights. You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Airside. You also acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Airside. All Airside Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, and other content and software used in the Site are ©2018 Airside, all rights reserved.

6. Termination and Modification of the Site.

 

Airside reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site, including but not limited to the Site’s features, look and feel, and functional elements and related services.

7. Indemnification.


You agree to indemnify and hold Airside, its vendors, and their subsidiaries and affiliates, agents, officers, directors, or other employees and also their partners harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Site, your violation of these Terms of Use, and any other acts or omissions relating to the Site.

8. Disclaimer of Warranties. 

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY AIRSIDE OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRSIDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

9. Limitation of Liability. 

IN NO EVENT SHALL AIRSIDE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF AIRSIDE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITE. AIRSIDE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE. AIRSIDE DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL AIRSIDE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO AIRSIDE OR A BUSINESS AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVENBY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE EXPLICITLY PROVIDED FOR IN THIS PARAGRAPH.

10. Links.

 

As a courtesy to you, the Site may offer links to other websites. Some of these websites may be affiliated with Airside while others are not. Airside is not responsible for the contents of any website pages created and maintained by organizations other than Airside. Visiting any such third-party website pages is at your own risk. Airside neither has any control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after your independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Airside. By using the Site, you acknowledge that Airside is responsible neither for the availability of, nor the content located on or through any third-party website pages.

11. Trademarks.

 

“Airside Mobile™” (word and design) and “Powered By Airside™” (word and design) are Airside trademarks. Such trademarks and other marks, logos, and names of Airside or the Site, used on or in connection with the Site may not be used in connection with any product or service that is not under Airside’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Airside. All other trademarks not owned by Airside (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Airside or its affiliates.

12. Consideration.

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt or use of data, content, products and/or services through the Site.

13. Jurisdiction.

 

This Site is created and controlled by Airside in the State of Virginia. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Virginia, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Site must be filed in a federal or state court located in Richmond, Virginia, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

14. Enforceability.

 

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

15. Entire Agreement.

 

Except as expressly provided in a particular “Legal & Privacy” posting or other notice on particular pages of the Site, these Terms of Use, which hereby incorporate by reference the terms of Airside’s Privacy Policy, constitute the entire agreement between you on the one hand and Airside on the other, superseding all prior agreements regarding the Site.

16. No Waiver.

 

The failure of Airside to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. No party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

17. Headings and Construction.

 
 

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

18. Contact Airside.

 

For purposes of providing notice or questions about these terms of use, contact us at flightcrew@airsidemobile.com.

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