DMI Companies, Inc. d/b/a Airoverse and its affiliates and subsidiaries (collectively, “Airoverse”) provide a cloud-based building automation system. The system is comprised of: (1) a user portal accessible through facilities.airoverse.com (“Web Portal”); (2) services accessible through the mobile apps Airoverse for Facilities and/or Airoverse for Occupants (collectively, the “Apps”); and (3) subscription services that can be accessed through the Apps (the “Subscription Services”), all of which are used with Airoverse-supplied hardware, including, without limitation, the central control unit, wireless zone controllers, and smart dampers (the “Hardware”). The system available through the Web Portal, Apps, Subscription Services, and use of the Hardware are collectively herein called the “Services.”
The Services and your use thereof are governed by, and subject to, this Terms of Service Agreement (this “Agreement”). This Agreement is intended to make you aware of the terms and conditions that govern your use of the Services, Hardware, any content, or other products or services that are offered or provided by Airoverse. In the event you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you” and “your” include such entity or person in addition to you, and your acceptance of this Agreement constitutes acceptance on behalf of such entity or person.
Please read this Agreement carefully before accessing or using the Services. You must read, agree with, and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you access or use the Services. By using the Services, you agree to be bound by the terms and conditions of this Agreement. The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application disclosed by Airoverse. In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.
Your purchase and use of the Hardware will be governed by these Terms of Service and any applicable warranties provided by the manufacturer of the Hardware. The software and firmware that is installed on the Hardware is governed by End User License Agreement, located at airoverse.com/end-user-license-agreement/.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICES.
A copy of this Agreement can be received by emailing your request to [email protected] or by visiting airoverse.com/contact.
(a) Grant of License. Airoverse hereby grants to you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Services, subject to your agreement to, compliance with, and satisfaction of, this Agreement. Airoverse reserves all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, Airoverse reserves the right to revoke any license granted in this Agreement, limit your access to the Services, and restrict your ability to provide Feedback (as defined in Section 2(l) below) or access Content (as defined in Section 2(i) below).
(b) Modification. Airoverse may discontinue or alter any aspect of the Services, remove Content from the Services, restrict the time the Services are available, and restrict the amount of use permitted at Airoverse’s sole discretion and without prior notice or liability to you. Airoverse may also install bug fixes, updates, patches, and other upgrades to the Services without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification Airoverse makes to the Services.
(c) Removal of Access. You agree Airoverse may, under certain circumstances, immediately suspend or terminate your access to the Services or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) discontinuance or material modification to the Services; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in Airoverse’s sole discretion and without liability to you or any third party.
(d) Fees. The Services may be provided to you for a fee. You agree to pay all applicable fees for the Services that you select in accordance with the order form.
(e) Customer Responsibilities. You have the sole responsibility for (1) determining the suitability of the Services for your operations and whether the Services will achieve the results you desire; (2) selecting and training adequate personnel with the requisite experience necessary to operate your systems and who are familiar with your records associated with the Services; (3) limiting use of and access to the Services solely to those users whose duties require such use and access and will undertake best efforts to ensure that the intellectual property rights of Airoverse and the manufacturers of the Hardware and Software are kept secure; and (4) ensuring the accuracy of any User Content (as defined in Section 2(i) below) input into the Services, ensuring and confirming the accuracy of such User Content, associated Content, or any other data or results generated, created, or output by the Services prior to use, and undertaking procedures to test, identify, and correct any errors or omissions relating to the foregoing.
(a) System Requirements. In order to access and use the Services, you must have: (1) an account with Airoverse; (2) applicable Hardware; (3) a stable and accessible wireless network; (4) high speed or broadband Internet to your company’s place of business; and (5) such other system, hardware, or software requirements as specified by Airoverse. Airoverse does not guarantee that the Services will be compatible or operate with your Internet provider’s service plan, with any particular computer or web browser, with your wireless network or access point, or any other piece of hardware, software, equipment, or device you install or use with the Services. You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other system requirements necessary for your access to and use of the Hardware and the Services (or any part thereof).
(b) Availability. You understand that the Services are provided over the Internet, so the quality and availability of the Services may be affected by factors outside of Airoverse’s control. There may be times when the Services are unavailable due to technical errors or for maintenance and support activities. The Services are not intended to be available 100% of the time and Airoverse does not make any representations, warranties, or guarantees regarding the reliability or availability of the Services. Airoverse does not represent, warrant, or guarantee that the Services will always be available or are completely free of human or technological errors. Airoverse will not be liable to you or any third party for damages or losses related to the Services being unavailable.
(c) Dependency on Your Equipment. You understand and agree that the Services’s availability is dependent on equipment and third-party services that you provide, including, but not limited to, your computer, wireless access point and Wi-Fi, mobile device, building wiring, cabling, Internet service provider, and your mobile device carrier. You acknowledge that you are responsible for all third-party charges in connection with your access and use of the Services and that you are responsible for complying with any and all contracts, terms of service agreements, and restrictions associated with such third-party services.
(d) Storing Credentials. The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any Airoverse damages resulting from unauthorized access to the Services from your account and Airoverse will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
(e) No Emergency Services. You understand and acknowledge that the Hardware and Services, either alone or when combined with a third-party product or service, cannot notify emergency services in the event of an emergency. Neither the Hardware nor the Services, either alone or when combined with a third-party product or service, are designed to contact fire protection, emergency medical service, or any other public safety or health service. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU SHOULD NOT RELY ON THE HARDWARE OR THE SERVICES FOR EMERGENCY RESPONSE MANAGEMENT OR TO OTHERWISE INCREASE OR IMPROVE SAFETY AT YOUR PLACE OF BUSINESS. CALL 911 IN THE EVENT OF AN EMERGENCY.
(f) Notifications. You may configure the Services to provide you notifications, however, you understand and acknowledge that the notifications are not intended to be 100% reliable or available. Airoverse does not represent, warrant, or guarantee that you will receive notifications in a timely manner, if at all. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU SHOULD NOT RELY ON THE SERVICES FOR NOTIFICATIONS TO INFORM YOU OF AN EMERGENCY OR ANY OTHER CRITICAL SITUATION.
(g) Energy Efficiency and Cost Savings. Airoverse does not guarantee you will see a certain level of energy efficiency or cost savings by installing and using the Services or Hardware. The actual amount of energy efficiency and cost savings are subject to factors outside of Airoverse’s control. Airoverse may provide to you information regarding your energy usage and how you may increase your cost savings, however, you acknowledge that this information may not result in increased energy efficiency or cost savings and that Airoverse will have no liability to you for damages or loss or any other remedy in the event you do not experience increased energy efficiency or cost savings.
(h) Compatibility With Third Party Products and Services. The Services may include or be compatible with products and services developed, provided or maintained by third-party providers. Access to or use of those third-party services by you or an Authorized User (as defined in Section 4(b) below) will be governed by a separate agreement in relation to those certain third-party services. You agree that each third-party provider retains all right, title, and interest in and to their respective products and services. Airoverse makes no representations or warranties with regard to your use of compatible or accessible third-party products. Airoverse will not be responsible or liable for any injures or damages you suffer caused or alleged to be caused by, in connection with, resulting from your use of or reliance on of such third-party product. You understand and agree that Airoverse may need to disclose your information to such third-party provider and that any disclosure will be in accordance with Airoverse’s privacy notice, available at URL.
(i) Content. The Services may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by Airoverse or third parties (collectively, the “Content”). The Content is the intellectual property of Airoverse or the respective third party providing the Content for use in the Services, and are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in any Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Content. Content also includes information that you and your Authorized Users provide to Airoverse (collectively “User Content”). User Content is your intellectual property. Airoverse does not claim ownership rights in such User Content. However, by posting User Content via the Services, you hereby grant to Airoverse a limited, transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such User Content. Airoverse reserves the right to remove Content from the Services at any time and for any reason without notification to you.
(j) User Content Restrictions. You may not upload, post, or transmit any User Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of Airoverse or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, harmful, embarrassing, or objectionable to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; or (4) puts in jeopardy the security of your account, Airoverse, or the Services.
(k) No Responsibility. Airoverse cannot and does not assume any responsibility for your use or misuse of Content or any other information transmitted, monitored, stored, or received while using the Services. Airoverse reserves the right to amend or delete any Content (along with the right to terminate or restrict use of or access to the Services) that in its sole discretion violates any of the above. By providing User Content via the Services, you further understand and agree that you do so at your own risk and that Airoverse is not responsible for the damage or loss of any such User Content. You agree that Airoverse is not liable for any legal violation caused by your use or misuse of Content or other information transmitted, monitored, stored, or received while using the Services.
(l) Feedback. Airoverse welcomes your comments, feedback, information, or materials regarding the Services or any of Airoverse’s other products or services (collectively, “Feedback”). Your Feedback will become Airoverse’s property upon submission to Airoverse. By submitting your Feedback to Airoverse, you agree to assign, and hereby irrevocably assign to Airoverse, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. Airoverse will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
(m) Links. The Services may include, or third parties may provide, links to other websites or resources on the Internet. Because Airoverse has no control over such websites or resources, you acknowledge and agree that Airoverse is not responsible for the availability of such external websites or resources, and Airoverse does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that Airoverse will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such content, goods or services available on or through any such website or resource. Airoverse strongly encourages you to review any separate terms of use and privacy policies governing use of these third-party websites and resources.
You may not:
Airoverse reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Airoverse may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.
(a) Registration. Access to the Services requires your organization to be registered with Airoverse via an Airoverse-generated registration form. This form will require that your organization provide certain requested information (including personal information and financial information). At such time, your organization will be provided with account and login information including a username and password to successfully complete the registration process. You may not permit anyone outside your organization to access the account.
(b) Additional Accounts. You may create additional associated accounts for users within your organization (“Authorized Users”). Each Authorized User is responsible for complying with the terms of this Agreement; however, the individual or entity that owns the top level “admin” account agrees to be fully responsible and liable for an Authorized User’s activity.
(c) Unauthorized Use and Information Changes. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process, including the anticipated number of Authorized Users under your organization’s account. Airoverse may refuse to grant you a particular username for any reason, including, without limitation, if Airoverse has reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
Unless otherwise specifically noted in this Agreement, images, trademarks, service marks, logos and icons displayed on the Services and Hardware, are the property of or licensed to Airoverse and may not be used without prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Services are owned by or licensed to Airoverse and may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party in violation of this Agreement. Any unauthorized use of any Content, whether owned by Airoverse or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
(a) Representations. You hereby represent and warrant that: (1) you (i) are over the age of 18; or (ii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to Airoverse is truthful, accurate and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Services, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with Airoverse, including, without limitation, your legal name, email address, and any other information Airoverse may reasonably require; (5) your access to and use of the Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify Airoverse in the event that you learn or suspect that the contact information you provided to Airoverse has been disclosed or otherwise made known to any other person; and (7) you will not use the Services in order to gain competitive intelligence about Airoverse, the Services, or any product or service offered via the Services or to otherwise compete with Airoverse.
(b) Feedback. In the event you provide any Feedback via the Services, you hereby make the following additional representations and warranties: (1) you are owner of such Feedback or otherwise have the right to grant Airoverse the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
(a) Defects and Availability. Airoverse uses reasonable efforts to maintain the Services, but Airoverse is not responsible for any defects or failures associated with the Services or Hardware, any part thereof, any Feedback you provide, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which Airoverse may undertake from time to time; or (3) causes beyond the control of Airoverse or which are not foreseeable by Airoverse.
(b) Disclaimers of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Airoverse EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, Airoverse MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IN ADDITION TO THE WARRANTY DISCLAIMERS ABOVE, IN NO EVENT WILL (A) Airoverse, ITS AFFILIATE OR SUBSIDIARIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF TIME, GOODWILL, INCONVENIENCES, DATA, COMMERCIAL LOSS OR ANY OTHER INTANGIBLE LOSS, ARISING FROM, RELATING TO, IN CONNECTION WITH, OR AS A RESULT OF, THE SERVICES OF THE USE THEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE AND (B) Airoverse’s ENTIRE AGGREGATE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE) WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU (IF ANY) TO Airoverse OR Airoverse’s AUTHORIZED RESELLER OR DISTRIBUTOR FOR THE SERVICES AT ISSUE, INCLUDING, WITHOUT LIMITATION, THE HARDWARE, DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Airoverse, its affiliates and subsidiaries and their officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your use and each Authorized User’s use of the Hardware or the Services, (b) your or your Authorized Users’ violation of this Agreement, (c) your or your Authorized Users’ violation of any law or the rights of any third party, and (d) your or your Authorized Users’ negligence or willful misconduct.
This Agreement is effective upon your acceptance and will continue in full force until terminated. You agree that Airoverse, in its sole discretion, may terminate your use of the Services or any part thereof upon prior notice and discard any Feedback you provide. You agree that Airoverse may immediately suspend your access to the Services or any part thereof in order to conduct an investigation in the event it believes you have violated this Agreement or if it determines that you are a repeat infringer of a third party’s intellectual property or other rights. Airoverse may also, in its sole discretion and at any time, discontinue providing the Services, any part thereof, with or without notice. In addition to any other method of termination or suspension provided for in this Agreement, Airoverse reserves the right to terminate this Agreement at any time and for any reason upon 1 days’ notice to you. Further, you agree that Airoverse will not be liable to you or any third-party for any termination or suspension of your access to the Services or any part thereof. You may terminate this Agreement at any time by immediately discontinuing all access to the Services and by providing notice to Airoverse of such discontinuance. Termination or cancellation of this Agreement will not affect any right or relief to which Airoverse may be entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of the Services and any information or materials provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
Airoverse collects, stores, and uses data collected from you in accordance with Airoverse’s Privacy Notice, located at airoverse.com/privacy-policy/. The terms and conditions of the Privacy Notice are hereby expressly incorporated into this Agreement.
(a) Changes to this Agreement. Airoverse reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time by posting such changes to this page. Airoverse will endeavor to notify you of such changes via the email address you provided during your account registration. You understand that you have the affirmative obligation to check this Agreement periodically for changes and you hereby agree to periodically review this Agreement for such changes. Your continued use of the Services following the posting of changes to this Agreement will constitute your acceptance of those changes.
(b) Governing Law and Venue. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all lawsuits, claims, proceedings, disputes or disagreements arising out of or related in any way to this Agreement will be in any state or federal court located in or having jurisdiction over Allegheny County, Pittsburgh, Pennsylvania. You irrevocably submit and consent to the personal jurisdiction and venue of such courts.
(c) Consent To Do Business Electronically. Airoverse uses and relies upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing its obligations and exercising its rights under this Agreement. Neither you nor Airoverse will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware and other equipment upgrades and purchases, in order to be able to conduct business electronically.
(d) Injunctive Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Airoverse which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that Airoverse has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies Airoverse may have for your breach of this Agreement. All remedies available to Airoverse will be cumulative and the pursuit of one remedy will not be deemed to exclude any other remedy.
(e) Entire Agreement. This Agreement, together with any relevant purchase order, the End User License Agreement and Privacy Notice noted above, which are expressly incorporated by reference herein, collectively constitutes the entire agreement between you and Airoverse with respect to the subject matter hereof and supersedes all prior agreements, both oral and written, with respect to the subject matter hereof.
(f) Waiver. Airoverse’s failure to enforce the provisions of this Agreement will not be deemed to be a waiver of its right to enforce them.
(g) Severability. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.
(h) Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
(i) Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without Airoverse’s prior written consent. Any purported assignment without Airoverse’s consent will be void and will constitute a breach of this Agreement. Airoverse may assign this Agreement or delegate or subcontract its obligations under this Agreement at any time.
(j) Notifications. You can contact us through the Services or by e-mail. Unless you tell Airoverse otherwise, or the law requires otherwise, you agree to receive all communications from Airoverse by email or through posting notices to your account. You may print the communications for your records. You agree that all communications that Airoverse sends to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell Airoverse you do not want legal notices sent electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell Airoverse that you do not want legal notices sent electronically send the notice in writing and by certified and registered mail to 210 5th Street, Charleroi, PA 15022.
(k) Compliance with Non-US Law. Airoverse makes no representation that the Services, Content, or other material or information provided through the Services is appropriate to or available in locations outside of the United States. You may not use the Services or export Content in violation of United States export laws, regulations, or restrictions. If you access the Services from outside of the United States, you are responsible for compliance with all applicable laws.
If you have any questions, please contact us at:
E-mail: [email protected]
Phone: (724) 310-1254
Toll-free: 1 (800) 245-3188