Terms of Service

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Modified August 3, 2020.

Welcome to the websites of AIR Commercial Real Estate (AIR CRE) ("we," "our," "us"), www.aircre.com , www.aircrecontracts.com , and http://aireaairmail.com (the "Sites") . By visiting the Sites, you signify that you have read, understand and agree to be bound by these Terms of Service (" Terms of Service "). If you do not agree to these Terms of Service, then do not use the Sites.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. We may modify or update these Terms of Service at any time by posting the amended terms on the Sites or through information given by email and such terms shall be effective for all use of the Sites once they are posted. Your continued access of the Sites and/or use of the services provided through the Sites ("Services") following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Sites at any time.

These Terms of Service govern your access to and use of the Sites and the Services. Please read these Terms of Service carefully before using the Sites and Services. If you violate any of these Terms of Service (which include by reference our Privacy Policy) or otherwise violate an agreement between you and us, we may terminate your registration, and/or prohibit you from using or accessing the Sites or Services (or any portion, aspect or feature of them), at any time in our sole discretion, with or without notice.

As used herein, "User" or " Users " means anyone who accesses and/or uses the Sites and Services, including registered members.

1. Description of the Services

Subject to the terms and conditions specified herein and as described in our Privacy Policy, we provide information in our Sites regarding our Services, including AIR CRE contracts, becoming members of AIR CRE, purchasing and downloading AIR CRE contracts, and using our Services, including the AIRMail application and our mediation and arbitration services.

2. Collection of Personal Information

If you wish to register to become a member on the Sites, use certain Services, or purchase our contracts, you must provide Personal Information about yourself, as further described in the Privacy Policy

By providing such information upon registration on the Sites, you agree: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete information; (iii) to maintain and promptly update the information to keep it true, accurate, current and complete; and (iv) to take full responsibility for all activities that occur when you use the Sites. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements.

3. Termination

Your registration and data associated with your registration on the Sites are not transferable to any other individual. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse all current or future use of the Sites or Services (or any portion thereof). If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, do not follow instructions regarding the proper implementation of the Sites or Services, or for any other reason, we may terminate your registration for an account on the Sites and/or prohibit you from using or accessing the Sites or Services (or any portion, aspect or feature of the Sites or Services), at any time in our sole discretion.

You agree that we will not be liable to you or to any third party for any termination of your right to use the Sites or Services. You further agree that we, in our sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Sites or Services in our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your access to the Sites or Services, we may delete and/or store, in our discretion, data associated with your use of the Sites. In the event of termination, we have no further obligations to you, including any obligation to preserve any data generated by your use of the Sites or Services and any liability under this Agreement in regard to such data.

4. Proprietary Rights

We retain all right, title and interest in and to the Sites, as well as all data, information, content and materials provided on the Sites or Services and purchased or downloaded through the Sites. We further retain all right, title and interest in and to the business processes, procedures, methods and techniques used within the Sites or Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world ("Intellectual Property") to the Sites. All content on the Sites, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Proprietary Content"), is our proprietary property with all rights reserved. No Proprietary Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

5. Content of Sites

We are not responsible if information on the Sites is not accurate, complete or current. Any reliance on the material in the Sites is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Sites, including any unavailability of the Sites.

We undertake no obligation to update, amend or clarify information on the Sites. No specified update to the Sites should be taken to indicate that all the information in the Sites has been modified or updated.

6. Prohibited Conduct

You agree to use the Sites and the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not:

• use the Sites and Services in any manner that could damage, disable, overburden, or impair the Sites or Services, or interfere with any other party's use and enjoyment of the Sites or Services;
• attempt to gain unauthorized access to the Sites or Service, or the computer systems or networks connected to the Sites through hacking, password mining or any other means;
• create user accounts by automated means or under false or fraudulent pretenses or use a false identity for the purpose of misleading others;
• harvest or otherwise collect information about others, including e-mail addresses;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• use the Sites or Services in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit, or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content, including sexually explicit images and text;
• upload, post, email or transmit, or otherwise make available through the Sites or Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party or that removes or falsifies author attributions, legal or other proper notices or other proprietary designations, unless you are the owner of such rights or have the permission of the owner to post such content;
• upload, post email or transmit, or otherwise make available any content as to which you do not have the rights;
• interfere or attempt to interfere with the proper working of the Sites or Services;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Sites;
• use the Sites or Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions); or
• use the Sites or Services for any unauthorized commercial purpose whatsoever.

7. Disclaimers

You understand that the processing and transmission of communications relating to the use of the Sites, including your personal information, or your use of the Services may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. No data transmission over the Internet or any information stored on your device, by us, or any third party can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or through the Sites. You engage in such transmissions at your risk. Moreover, you agree that we will not be liable for the security, timeliness, deletion, misdelivery or failure to store any data, including on your device, or information or content transmitted by you through the Sites.

WE PROVIDE THE SITES AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We make no representation or warranty that (i) the Sites and Services will meet your expectations or requirements, (ii) the Sites and Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Sites and Services will be accurate, timely, complete or reliable; and (iv) any errors in the Sites will be corrected. Operation of the Sites and your use of the Services may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Sites.

While we have endeavored to create secure and reliable Sites and Services, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Sites, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We shall not be liable for damages because of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of our representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Sites may be temporarily unavailable from time to time for maintenance or other reasons.

8. Limitation on Liability

IN NO EVENT SHALL WE TOGETHER WITH OUR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (1) ANY LOST, DELETED, CORRUPTED, FALSE, OR INACCURATE DATA STORED OR DISPLAYED ON YOUR DEVICE OR IN ANY LOCATION, INCLUDING DATA STORED ON ANY SERVER OR DATA TRANSMITTED TO ANY LOCATION; (2) ANY DAMAGE OR LOSS OF USE OR DAMAGE TO THE DEVICE ON WHICH THE SITES IS INSTALLED; (3) LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (4) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100.

9. Indemnity

You agree to defend, indemnify and hold us, together with our respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Sites or Services; (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites or Services.

10. Miscellaneous

These Terms of Service constitute the entire agreement between you and us with respect to your access and use of the Sites and Services and supersede all prior and contemporaneous agreements between you and us. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision. The provisions of Sections 3 - 5 and 7 - 12, shall survive any termination of these Terms of Service.

We make no representations or warranties that the Sites and Services are appropriate or available for use in countries outside of the United States. Visitors who choose to access the Sites and Services from outside of the United States do so at their own initiative and we are not responsible for compliance with all local laws and regulations that may apply to such access.

The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Sites or Services, that we will attempt in good faith to negotiate a written resolution of the matter directly between us. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

11. Assignment

We may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to our business as part of a merger or sale of substantially all of our assets. You may not assign or transfer these Terms of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of these Terms of Service, including receipt of spam from any manufacturer, contact us at: termsofservice@aircre.com with "Terms of Service" in the subject line of your email.

12. E-Mail Acceptable Use Policy for AIRMail

In addition to the above terms, the following additional terms are applicable to the AIRMail e-mail application at http://aireaairmail.com/ ("AIRMail").

To register for our Services, including AIRMail, you must first provide current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. We will not be liable for any loss that you may incur as a result of someone else's using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else's using your account or password. You may not use anyone else's account at any time.

Your use of AIRMail is explicitly subject to the restrictions set forth herein, including the restrictions against Prohibited Conduct in Paragraph 6.

AIRMail is designed to enable you to communicate with others. You agree to use AIRMail only to post, send and receive messages and materials that are proper. We have no obligation to monitor your use of the service. However, we reserve the right to review your use of AIRMail and to remove any materials in our sole and absolute discretion. In addition to pursuing all other remedies available to us at law or in equity, we reserve the right to terminate your access to any or all of AIRMail at any time, with or without notice, for any reason whatsoever.  We further reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.  We shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

We will immediately terminate any account that we believe, in our sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then in addition to seeking any other remedy available to us at law or in equity, you agree to pay us liquidated damages of $50 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account.  

In accordance with Section 512 of the Digital Millennium Copyright Act (the "Act"), we have designated the following individual as an agent to receive notifications of any claimed infringements covered by the Act, including posting of unauthorized content: Timothy Hayes, Executive Director, AIRCRE.com, 800 West 6th Street, Suite 1000, Los Angeles, CA 90017 or thayes@aircre.com with "DMCA" in the subject line.