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Website Terms of Service

Last updated: December 1, 2018

Induction

Thanks for choosing Airo Av (hereinafter referred to as “Airo,” “we,” “us,” “our”) as your only true line of Mac defense.

These Terms of Use (hereinafter referred to as “TOS”) apply to your use of  our Site https://www.airoav.com/ (hereafter referred to as the “Site”), and constitute a special agreement between Airo Av and you, a natural person or legal entity (hereinafter referred to as “you” or “user”) who accesses our Site.

Your agreement with us includes these TOS, our  Privacy Policy and Cookie Policy, (hereinafter the “Agreement”). By visiting, accessing or otherwise using the Site, you give unconditional consent to the terms and conditions of this of Agreement. You acknowledge that you have read and understood the term, accept them, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then please refrain from accessing or using the Site, the service or any related content.

When we use the terms “Site” or “Service/s” in this Agreement, we mean to include the design, user interface, buttons, images, text, content, hosted files, codes, scripts, processes, graphics, animation, or basically, anything you can find in the site, whether visible to you or not.

Adult

The Site is directed for use by adults. By using the Site, you are confirming that you are of legal age to form a binding contract, that you are authorized to use the Site, and that you agree to comply with all applicable laws, rules and regulations in your country of residence (or the country from which you access the Site). We make no representations that the Site is appropriate for use at your location. Users who access or use the Site are responsible for compliance with local laws. 

Restrictions on Use

You are prohibited from acting in any of the following ways, either directly or indirectly:

  • accessing the Site and/or the services by using any means, other than the interface provided by us;
  • participating in activity which may negatively affect the normal operation of the Site or services (including any content available, whether visible or not), including activities aimed at compromising the integrity, access and credibility of the Site;
  • copy, publish, alter, make derivatives, sell, resell, transmit any portion of the Site or Services, or otherwise use it in any manner that constitutes violation of ANY applicable law.
  • selling, sublicensing and/or otherwise commercializing any portion of the Site’s material;
  • publishing any Site’s material in any other media; or publicly performing and/or showing any Site material;
  • using this Site in any way that is or may be damaging to this Site, or any product hosted by the site, or the people behind it;
  • using this Site in any way that impacts user access to this Site;
  • using this Site contrary to applicable laws and regulations, or in any way may cause harm to the Site, or to any person or business entity.

User Account and Additional terms

We don’t mean to burden you with too many legal terms and conditions. So, we made it as simple and modular as possible:

  • If you are just a visitor of the Site, you cut this agreement with us (which includes our Privacy Policy and Cookie Policy);
  • If you also decided to sign up, or purchase our amazing software, you add to our existing Agreement the terms of our End User License Agreement (EULA);
  • If you are a business partner, we will explain this to you in separate and will probably add some commercial terms.

Intellectual Property Rights

The Site includes features and content that are protected under multiple intellectual property laws. Any copy or user of the Site or its content in any manner that violates any such laws is strictly prohibited.

We invest quite some time and thinking to bring you the coolest, funniest and finest design, text and other materials that you consume in the Site. Do not misuse or abuse it in any way.

You agree that trademarks, the Site and other copyright items as well as systems, ideas, operating procedures and other information contained on the Site or listed among the services, are intellectual property items owned by us or our partners. This agreement does not grant you any rights for the use of intellectual property items except the rights provided by the current agreement.

Disclaimer

We must go a little bit legal here, but the general idea is this: what you see is what you get. No promises, no guarantees. We do, of course make our best efforts that the Site and any service includes will be to the fullest satisfaction of our users, but we cannot please all our tens millions of users worldwide, so bear with us.  And the legal version goes like this: WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE YOU AND US.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

We reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event we will be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these TOS, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, our aggregate liability shall in no event exceed the lower of : the total of any subscription or similar fees with respect to any service or feature of or on the Site paid by you,  or fifty dollars ($50 USD).

Indemnifications

What we’re trying to say here is that if we suffer damage (or damages) because of something you did, or didn’t do (and had to do), you will basically be going to indemnify us. You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request and may also disclose such data if required to do so by law or if we  determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these TOS, (3) respond to claims that any such data violates the rights of others, or (4) protect our rights, property or personal safety of our employees, users of or visitors to the Site, and the public, or (5) for fraud protection purposes.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these TOS or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these TOS will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and you agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law and Jurisdiction

Except as otherwise provided under specific sections under the Agreement, this Agreement shall be governed by and construed in accordance the laws of the state of San Diego, California without reference to or application of conflicts of laws principles and all actions under this Agreement shall be brought in the courts of San Diego, California and you consent to venue and exclusive jurisdiction in those courts.

General Terms

  • This Agreement set forth all of your rights to use the Site and make up the entire agreement between the parties, subject of course to the explanation above about “User Account and Additional Terms
  • No provision hereof shall be deemed waived unless there is a written waiver signed by an authorized our representative.
  • If any provision of the Agreement is held invalid, the remainder of it shall continue in full force and eect. To the extent that an otherwise invalid provision can be construed so as to be valid, that provision shall be so construed.
  • All rights not expressly set forth hereunder are reserved by us.
  • The descriptive headings in this TOS have been inserted for convenience and shall not limit or otherwise aect the construction or interpretation of this TOS.
  • You may not assign your rights under this TOS without our express written permission.

Feedback and Contact

If you wish to contact us regarding this Agreement or the Software, you may contact us by email, at: support@airoav.com, or via the contact us form that is available on the Site.

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