By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Site(s) with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site. AnywAIR suggests that you take advantage of any access controls offered through the Site or third-party Site(s), which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
2. CHANGES TO THE TERMS OR SITE
AnywAIR may change or modify the Terms from time to time without notice other than posting the amended Terms on the Site. The amended Terms will be automatically effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. AnywAIR reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that anywAIR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
3. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, anywAIR may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account, you may also be asked to choose a password and a username. Please select a password that would not be obvious to someone who is trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify anywAIR of any unauthorized use of your password or account or any other breach of security. Without limiting any rights, which anywAIR may otherwise have, anywAIR reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site(s) and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, anywAIR may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall anywAIR be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of anywAIR under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that anywAIR makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
5. TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited to anywAIR and its Logo) that are used or displayed on the Site(s) are owned by anywAIR or by third parties other than anywAIR that offer and provide products and services on or through the Site(s). The trademarks of anywAIR may not be copied or used, in whole, partial or modified form, without the prior written permission of anywAIR or, if applicable, its licensor. In addition, anywAIR custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of anywAIR. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Site(s) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by anywAIR. You may not use any meta tags or any other “hidden text” utilizing an anywAIR name, trademark, or product name without anywAIR’s express written consent. Other trademarks and trade names are those of their respective owners.
6. THIRD-PARTY PRODUCTS AND SERVICES
Parties other than anywAIR may offer and provide products and services on or through the Site(s). Except for anywAIR-branded information, products or services that are identified as being supplied by anywAIR, anywAIR does not operate, control, or endorse any information, products, or services on the Site(s) or accessible through the Site(s) in any way. AnywAIR is not responsible for examining or evaluating, and anywAIR does not warrant the offerings of, any of these businesses or individuals or the content of their webSite(s). AnywAIR does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The Site(s) may contain links to other webSite(s) not operated by anywAIR. The links are provided for your convenience. The inclusion of any links to other webSite(s) does not imply affiliation, endorsement or adoption by anywAIR of those webSite(s) or the contents therein. We are not responsible for the contents, links, or privacy of any linked website. Access to any other webSite(s) linked to the Site(s) is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including the privacy and data gathering practices, of that third-party website.
7. PRODUCT AND SERVICE INFORMATION
AnywAIR does not warrant that information, graphic depictions, product and service descriptions or other content of the Site(s) is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that the price for a product or service offered on the Site may be inaccurate or the product or service description may contain inaccuracies. In the event that anywAIR determines that a product or service contains an inaccurate price or description, anywAIR reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. AnywAIR may make improvements or changes to any of its content, information products, services, or programs described on the Site(s) at any time without notice. You agree to notify anywAIR immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site(s) and comply with any corrective action taken by anywAIR.
8. ONLINE ORDERS
In order to protect anywAIR and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including, but not limited to validating information provided or limiting the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single individual or entity. AnywAIR reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
9. SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. AnywAIR may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
10. GEOGRAPHICAL RESTRICTIONS
11. GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that anywAIR may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on anywAIR’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow anywAIR to store electronic communications on its servers. You agree that anywAIR has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that anywAIR reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that anywAIR reserves the right to modify these general practices and limits from time to time.
12. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- 1. YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE Site(s), ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE Site(s) AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANYWAIR AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- 2. ANYWAIR AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
- 3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.
- 4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANYWAIR OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
AnywAIR reserves the right, but does not assume the obligation, to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Site(s) and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
AnywAIR may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on anywAIR’s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of anywAIR’s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD-PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL ANYWAIR, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE Site(s) OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE Site(s), OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE Site(s) OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE Site(s), (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF ANYWAIR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ANYWAIR UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless anywAIR and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with anywAIR or your use of our Site. AnywAIR reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with anywAIR in asserting any available defenses.
You agree that anywAIR may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Site(s) or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site(s) (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if anywAIR elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Site(s), (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Site(s). You agree that all terminations and suspensions for cause shall be made in anywAIR’s sole discretion and that anywAIR shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Site(s). Further, anywAIR reserves the right to immediately terminate or suspend your account, any associated email address, and access to the Site(s) at any time for any reason and without notice to you in its sole discretion.
AnywAIR’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be performed in Wyoming. You agree that any legal action or proceeding between anywAIR and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Wyoming. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. AnywAIR may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of anywAIR. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises.