WEBSITE TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Restrictions on Use
All pages within this Website and any material made available for download (collectively the “Site”) are the property of air up inc. and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of air up inc. Site for your own personal use or the internal use of your business only. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by air up inc.
2. Trademark Notice
“air up” and related marks are the logos, trademarks, and service marks of air up inc. and/or its affiliates. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. You may not use any meta tags or any other similar text utilizing “air up” or any other name, trademark, product, or service name of air up inc. without our prior written permission.
3. Warranty Disclaimer; Limitation of Liability
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
EXCEPT WHERE PROHIBITED BY LAW, AIR UP INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
If, notwithstanding the other provisions of these Terms and Conditions of Use, air up inc. is 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, air up inc.’s liability shall in no event exceed the greater of (1) US $100.00 or (2) the total amount you have paid us in the last six months (but not including the purchase price for any air up inc. products). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Although air up inc. attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform air up inc. so that it can be corrected. Information contained on the Site may be changed or updated without notice.
4. Confidential and Proprietary Information
air up inc. does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to air up inc. through the Site will be deemed NOT to be confidential. By sending air up inc. any information or material, you grant air up inc. an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that air up inc. is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
5. Links or Pointers to Other Sites
air up inc. makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-air up inc. Website, please understand that it is independent from air up inc., and that air up inc. has no control over the content on that Website. In addition, a hyperlink to a non-air up inc. Website does not mean that air up inc. endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
6. Product Availability
The availability of any given product posted on our website is not guaranteed, as it may be low in stock, or we may experience production and/or logistical issues. If product is not available at the time your order processes, we will notify you by email.
8. Choice of Law and Venue; Attorney’s Fees
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Sacramento in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees.
In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
10. Entire Agreement
11. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to air up inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.Date of last revision: April 13, 2022