Terms Of Service

 

These Terms of Service are a legally binding agreement that governs your access to and use of: (a) the AirSenze Solutions web site currently located at airsenze.com and any successor web sites, AirSenze mobile apps currently called BoatSenze present on Apple App Store, or other access points made available by AirSenze Solutions, Inc. directly via the internet, mobile devices or via other devices, interfaces, or access points (collectively, the “Site”). References in these Terms of Service to “AirSenze Solutions,” “we,” “us,” and “our” refer to AirSenze Solutions, Inc. and its subsidiaries and other affiliates. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY USING OR ACCESSING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL RULES, POLICIES, AND GUIDELINES INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “TERMS OF SERVICE”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SITE.

• MODIFICATION OF THESE TERMS OF SERVICE We reserve the right to change or modify any of the terms and conditions contained in these Terms of Service or any rule, policy, or guideline governing your access to or use of the Site, at any time and in our sole discretion. Notice of any modification of these Terms of Service will be provided by posting the updated Terms of Service on the Site with the date of the last revision at the top, and any such modifications will be effective upon the posting of such notice. You hereby waive any right you may have to receive other notice of such changes, and your continued access or use of the Site, following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable rules, policies, and guidelines in order to understand the terms and conditions that apply to your access to and use of the Site. If you do not agree to any changes in these Terms of Service as they may occur, you must terminate your registration with us, if applicable, and, in any event, immediately discontinue your access to or use of the Site.

• General Eligibility Requirements. In order to be eligible to access or use the Site, or become a registered user of the Site, if applicable, you must: (i) be at least 18 years of age (or the age of majority in your jurisdiction, if it is older); (ii) maintain accurate and complete information in your user account, if applicable; and (iv) comply with these Terms of Service. We reserve the right to determine the third-party web sites, Mobile Devices or other third-party-operated or controlled access points in each location and jurisdiction through which the Site may be accessed or used (each, a “Third-Party Site”).

• USER CONTENT AND INTERACTIVE AREAS • Access to Interactive Areas and User Content. The Site may include user-generated content, or other interactive areas or services (“Interactive Areas”), in which you or other users, subscribers, or account holders may create, post, or store content on the Site (“User Content”). User Content may be accessible by visitors to and registered users of the Site. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF SUCH INTERACTIVE AREAS AND USE THEM AT YOUR OWN RISK. All User Content, whether publicly posted on or privately transmitted via the Site, is the sole and exclusive responsibility of the person from whom the User Content originated and not of us or our directors, officers, employees, or agents.

• Restrictions on User Content. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to, or on the Site any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, racist, bigoted, inflammatory, fraudulent, or otherwise objectionable;

• User Content that would constitute, encourage, or provide instructions for a criminal offense (such as instructions on how to make or buy illegal weapons or drugs), violate the rights of any party, incite violence against a third party;

• User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to use, distribute, display, perform, and reproduce such User Content;

• User Content in which you have deleted author attributions, legal notices, or proprietary designations or labels;

• User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

• User Content that harms minors or children in any way, or risks harm to minors or children in any way, including any User Content accessible by the public that in any way exploits a person, or persons, under the age of 18 in any sexual or violent manner or solicits personal information from a person, or persons, under 18 years of age;

• Unsolicited promotions, political campaigning, evangelism, advertising, or solicitations, including but not limited to “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing schemes” or any other forms of unauthorized or unlawful solicitations or promotions;

• User Content accessible to the public that contains private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers or other tax ID numbers, or credit card numbers;

• Any material that contains software viruses, corrupted data, or other harmful, disruptive, or destructive files, including but not limited to any software, code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment;

• Any material that interferes with or disrupts the Site or servers or networks connected to the Site ; and

• User Content that we have a reasonable, good-faith belief is objectionable, unlawful, or that restricts or inhibits any other person from using or enjoying the Interactive Areas of the Site , or that may expose us, our employees, our users, or members of the public to any harm, risk of harm, or liability of any type.

• Monitoring of Interactive Areas and User Content. We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. YOUR USE OF INTERACTIVE AREAS IS AT YOUR OWN RISK. As a provider of interactive services, we are not liable for any statements, representations, or User Content provided by our users in any public forum, personal home page, or other Interactive Area. It is your responsibility to evaluate the User Content available through the Site. Although we have no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, suspension, cancellation, or termination of your rights to use the Interactive Areas or the Site, at our sole discretion.

• Your Grant of a License to Us. If you post User Content to the Site, unless we indicate otherwise, you grant us and our licensees a non-exclusive, royalty-free, fully paid, perpetual, irrevocable, fully sublicensable, and fully assignable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media, including for marketing and promotional purposes. Further, you grant us and our licensees the right to use the user name or screen name that you submit in connection with such User Content, if we choose. (i) Registration Requirements. You may be offered the opportunity to become a registered user of the Site. In general, you may become a registered user at no cost, however you must pay for additional services as outlined in Service Agreement. As a registered user, you will have the ability to participate in some, but perhaps not all, of the features and functionality available at the Site. In registering with us for any reason, which may Include accessing certain features and functionality, you agree to (i) provide accurate, current, and complete information about you as may be prompted by the registration process (“Registration Data”); (ii) maintain the security of your account name, user ID, and password; (iii) maintain and promptly update the Registration Data, and any other information you provide to us or a Third-Party Site, to keep it accurate, current, and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us or a Third-Party Site to the extent such unauthorized access is caused by your failure to maintain the security of your account name, user ID, or password. (ii) Maintenance of Your User ID and Password. You are responsible for your account name, user ID, and password, including any such account name, user ID, or password created or assigned in connection with a Third-Party Site. You acknowledge that it is solely your responsibility to maintain the confidentiality of your account names, user IDs, and passwords and keep track of who is using your accounts. You are solely responsible for any activity related to your accounts. KEEP YOUR ACCOUNT NAMES, USER IDS, AND PASSWORDS PRIVATE AND NEVER SHARE THEM WITH ANYONE. No employee of AirSenze Solutions will ever ask you for your password in written correspondence or any other form of communication. Any distribution by you of your account names, user IDs, or passwords may result in cancellation of the Services and termination of your access to and use of the Site without refund and the imposition of additional charges based on such unauthorized use. If you suspect any unauthorized use of your accounts related to the Site, including your accounts with a Third-Party Site, or if you believe such account names, user IDs, or passwords have been compromised, immediately notify us or, if applicable, the Third-Party Site.

• PAYMENT OPTIONS AND AUTHORIZATION; PAYMENT TERMS; CANCELLATIONS AND REFUNDS; TAXES

• Payment Options. To the extent that purchases for services may be made through the Site, such purchases require a valid credit card (MasterCard or Visa) or other payment method that we, in our sole discretion, elect to accept as payment.

• Payment Terms. For purchases made through the Site you authorize us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.

• Cancellations and Refunds. THERE ARE NO REFUNDS AND NO CANCELLATIONS OF ANY PAYMENTS MADE TO US, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE OR AS REQUIRED BY LAW.

• Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in Canadian Dollars. Purchases made in currency other than Canadian Dollars shall be made at the exchange rate designated in your agreement with your credit card company or other acceptable payment method provider.

• Taxes. Your purchases through the Site may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, or a Partner, if applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your purchases, except for Sales Taxes as described in this section or as required by applicable law.

• PRIVACY POLICY. Review Our Privacy Policy. Please refer to our Privacy Policy, available at airsenze.com/privacy, for additional information on how we collect, use, and disclose personally identifiable information collected from or submitted by users of the Site.

• BLOCKING OF INTERNET PROTOCOL ADDRESSES OR ACCESS FROM THIRD-PARTY SITES In order to protect the integrity of the Site, we reserve the right at any time in our sole discretion to block users from certain internet protocol (IP) addresses or block certain users from certain Third-Party Sites from accessing the Site .

• LIMITED LICENSE TO COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

• The Site and Site Materials. Unless otherwise indicated on the Site, all information, content, and other materials posted on the Site including, without limitation, our logo, trade names, trademarks, and service marks, and all designs, text, graphics, pictures, information, data, software, code, audio files, audio video files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are owned by us or our licensors (which may Include Partners or other users) and are protected by various state, federal, and international trademark and copyright laws.

• Limited License to the Site and Site Materials You are granted a limited, personal, non-exclusive, non-transferable, non-sublicenseable, non-assignable license to access and use the Site Materials and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your own informational, non-commercial, and personal use only. Such license is subject to these Terms of Service and does not Include: (a) any resale or commercial use of the Site, or the Site Materials, except as otherwise expressly authorized in writing by us and then only for the limited purpose expressly authorized thereby; (b) the reproduction, distribution, public performance, or public display of any Site Materials, except as otherwise expressly authorized in writing by us and then only for the limited purpose expressly authorized thereby; (c) the modification, creation of derivative works, or other making of any derivative uses of the Site, or Site Materials, or any portion thereof; (d) the use of any data mining, robots, spiders, scripts, or similar data gathering or extraction methods (including, without limitation, scraping or other activities with the purpose of obtaining lists of users or extracting other information from the Site ); (e) the download (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as otherwise expressly authorized in writing by us and then only for the limited purpose expressly authorized thereby; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site, or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may result in termination of the license granted herein. 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. THIS LIMITED LICENSE MAY BE REVOKED AT ANY TIME IN OUR SOLE DISCRETION AND WITHOUT ANY FURTHER OBLIGATION.

• TRADEMARKS AirSenze Solutions™, BoatSenze™, ArtSenze™, BikeSenze™, AutoSenze™ and the AirSenze Solutions logo, and any other product name or service name or slogan contained in the Site are registered or unregistered trademarks of us, our Partners, or our licensors, and may not be copied, imitated, or used, in whole or in part, without our express prior written permission or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “AirSenze Solutions” or any other name, trademark, or product name or service name of us without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is our service mark, trademark, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, service names, and company names, or logos mentioned in the Site that are not our property are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Reference to any products, services, processes, or other information by trade name, trademark, service mark, product name, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

• CLAIMS OF COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT We respect intellectual property rights, require our users to do the same, and have a mechanism in place to respond to the concerns of copyright holders. If you believe that your works have been copied and are accessible on the Site in a way that constitutes copyright infringement, you may file a notification of such infringement with our Designated Agent (see below). If we receive a claim of copyright infringement, we reserve the right to refuse or delete any User Content posted, or to be posted, on the Site and to terminate a user’s AirSenze or subsidiary’s account, if applicable. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, through electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Our Designated Agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is our Head of Legal Affairs. The address of our Designated Agent is 1839 Feltham Road Victoria BC V8N-2A4, AirSenze Solutions, Inc. 1839 Feltham Road Victoria BC Canada. The e-mail address of our Designated Agent is support@airsenze.com.

• REPEAT INFRINGER POLICY In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, subscribers, or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site, and/or terminate the accounts of any users, subscribers, or account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

• HYPERLINKS TO THE SITE You are granted a limited, personal, non-exclusive, non-transferable, non-sublicenseable, non-assignable license to create a text hyperlink to the Site for non-commercial purposes; provided that such link does not portray us or any of our products and services in a false, misleading, derogatory, or otherwise defamatory manner; provided, further, that the linking site does not contain any adult or illegal material, any material related to illegal gambling, or any material that is offensive, obscene, harassing, or otherwise objectionable. This limited license may be revoked at any time in our sole discretion and without any further obligation. You may not use our logos or other proprietary graphics to link to this Site without our express prior written permission. Further, you may not use, frame, or utilize framing techniques to enclose any of our trademarks, service marks, trade names, logos, or other proprietary information, including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page on the Site without our express prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of us or any third party.

• THIRD-PARTY LINKS AND CONTENT We may provide third-party content on the Site and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third-Party Content or third-party web sites, including, without limitation, Third-Party Sites. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, accuracy, completeness or reliability of Third-Party Content or third-party web sites accessible by hyperlink from the Site , or web sites linking to the Site , including any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the Inclusion of any link does not imply our affiliation, endorsement, or adoption of any third-party site or any Third-Party Content. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Users use these links and Third-Party Content contained therein at their own risk.

• ADVERTISEMENTS AND PROMOTIONS We may run advertisements and promotions from third parties on the Site, including, for example, discount coupons, or may otherwise provide information about or links to third-party products and services on the Site. Your business dealings or correspondence with, or participation in promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any products, services, advertising, or promotions on the Site that are not offered by us.

• SUBMISSIONS You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of posts, e-mail, or other submissions to us, including but not limited to any feedback or suggestions regarding the Site, or any of our other products or services, or any postings on the Site, are non-confidential and shall become our sole and exclusive property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial, or otherwise, without acknowledgment or compensation to you.

• INDEMNIFICATION You agree to indemnify, defend, and hold harmless us; our independent contractors, service providers, and consultants; Third-Party Sites; other Partners; and each of their respective directors, officers, employees, and agents (collectively, “AirSenze Solutions Parties”), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) any User Content you post, store, or otherwise transmit on or through the Site; (b) your conduct, acts, and omissions; (c) your violation of these Terms of Service, including any applicable rules, policies, or guidelines; (d) your violation of any applicable laws, regulations, ordinances, or treaties, whether foreign or domestic; (e) your violation of the rights of any third party, including Third-Party Sites or other Partners; or (f) your use of or inability to use the Site, including in each case, without limitation, any actual or threatened suit, demand, or claim made against the AirSenze Solutions Parties.

• RELEASE AND WAIVER OF LIABILITY • Release and Waiver. YOU AGREE THAT YOU WILL NOT ASSERT OR BRING ANY CLAIM OR SUIT AGAINST ANY AIRSENZE SOLUTIONS PARTY THAT IS RELATED, DIRECTLY OR INDIRECTLY, BASED ON (i) AN ACTION, OR ACTIONS, TAKEN BY US OR A THIRD-PARTY SITE THAT WE OR SUCH THIRD-PARTY SITE ARE ENTITLED TO TAKE PURSUANT TO THESE TERMS OF SERVICES OR THE APPLICABLE AGREEMENT BETWEEN YOU OR THE THIRD-PARTY SITE; (ii) A TEMPORARY OR PERMANENT DISRUPTION, SUSPENSION, CANCELLATION, OR TERMINATION OF YOUR USE OF OR ACCESS TO THE SITE, OR A THIRD-PARTY SITE, INCLUDING AS A RESULT OF ANY MALFUNCTIONS, SOFTWARE ERRORS, AND/OR BUGS AND INCLUDING A RESET OF THE SITE TO AN EARLIER STATE, OR (iii) MANAGEMENT, CONTROL, OR REGULATION BY US OR A PARTNER OF THE SITE’S VIRTUAL ECONOMY OR THE VIRTUAL ECONOMY OF ANY THIRD-PARTY SITE , ANY MODIFICATION BY A PARTNER OF ITS AGREEMENT BETWEEN YOU AND SUCH PARTNER, OR ANY MODIFICATION BY US OR A PARTNER OF THE FEATURES, FUNCTIONALITY, ABILITIES, AND OTHER ELEMENTS OF THE SITE. • Disputes with Other Users. In the event that you have a dispute, altercation, or other interaction with one or more users of the Site you release the AirSenze Solutions Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, altercations, or other interactions. • For California Residents. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

• DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SITE AND ALL CONTENT HEREIN OF EVER KIND OR NATURE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PARTNER ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN PROVIDING THE SITE OR CONTENT; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT; OR ANY CONDUCT BY USERS OF THE SITE. WE, ON BEHALF OF OURSELVES AND EACH OF THE PARTNERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, SITE MATERIALS, USER CONTENT, AND ANY OTHER INFORMATION, CONTENT, OR MATERIALS ON OR ACCESSIBLE VIA THE SITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SITE IS NOT ERROR FREE. WE DO NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT YOUR DATA WILL NOT BE LOST. NEITHER WE NOR ANY AIRSENZE SOLUTIONS PARTY ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, SITE MATERIALS, VIRTUAL GOODS, VIRTUAL CURRENCY, USER CONTENT, OR THE INFORMATION, CONTENT, OR OTHER MATERIALS ON OR ACCESSIBLE VIA THE SITE (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (c) ANY DISRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (e) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, RECOMMEND, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, OR ANY HYPERLINKED SITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES, INCLUDING PARTNERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER WE NOR ANY AirSenze Solutions PARTY IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR GRAPHICS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, NEITHER WE NOR ANY AIRSENZE SOLUTIONS PARTY CAN OR DOES REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO EMPLOYEE, AGENT, OR REPRESENTATIVE OF US OR OF ANY PARTNER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITE AT ANY TIME WITHOUT NOTICE.

• SPECIAL NOTICE FOR PERSONS OUTSIDE CANADA- You acknowledge that we operate in Canada and that the Site is controlled and offered by us from our facilities in Canada. We make no representations that the Site is appropriate or available for use in other locations or jurisdictions. Those who access or use the Site from other locations or jurisdictions do so at their own risk and are responsible for compliance with all applicable laws in such locations and jurisdictions.

• LIMITATION OF LIABILITY IN NO EVENT SHALL ANY OF THE AIRSENZE SOLUTIONS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, 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, WHETHER ACTIVE, PASSIVE, OR IMPUTED) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, CONTENT, OR MATERIALS CONTAINED ON OR ACCESSIBLE VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY AND THE AIRSENZE SOLUTIONS PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE. IN THE EVENT OF A MATERIAL BREACH OF OUR OBLIGATIONS HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF ANY FEES PAID BY YOU TO US FOR SUCH ACCESS AND USE DURING THE PERIOD OF WRONGFUL DENIAL OF ACCESS AND USE, SUBJECT TO THE LIMITATIONS ON LIABILITY SET FORTH IN THE PRECEDING PARAGRAPH ABOVE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE AIRSENZE SOLUTIONS PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN THE AIRSENZE SOLUTIONS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

• GOVERNING LAW These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of British Columbia, Canada, applicable to agreements made and to be entirely performed within the State of British Columbia, Canada, without resort to its conflict of law provisions.

• DISPUTE RESOLUTION AND BINDING ARBITRATION In order to expedite and control the cost of disputes, you and we agree that any controversy or claim between you and us arising out of or related to these Terms of Service or the breach thereof or your authorized or unauthorized use of the Site (each, a “Claim”) will be resolved, first, by informal negotiation. Accordingly, you and we agree that neither of us may start a formal proceeding (except for a Claim involving a request for injunctive relief) for at least 45 days after one of us notifies the other of a Claim in writing. We will send our notice to your last-know mailing address provided by you to us, with a copy via e-mail to your last-known e-mail address provided by you to us. You will send your notice to 1839 Feltham Road Victoria BC V8N2A4. AirSenze Solutions, Inc., 1839 Feltham Road Victoria BC V8N2A4, Canada, Attention: Legal Department. IF YOU AND WE ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATION, AS PROVIDED ABOVE, YOU AND WE AGREE THAT ANY CONTROVERSY OR CLAIM BETWEEN YOU AND US ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE BREACH THEREOF OR YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE SITE WILL BE SETTLED BY MANDATORY BINDING ARBITRATION ADMINISTERED BY THE CANADIAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES (OR, IF YOU ARE NOT A RESIDENT OF CANADA, IN ACCORDANCE WITH ITS INTERNATIONAL ARBITRATION RULES) AND ITS SUPPLEMENTARY PROCEDURES FOR ONLINE ARBITRATION. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE, AND THE SEAT, OR LEGAL PLACE, OF THE ARBITRATION WILL BE IN VICTORIA, BRITISH COLUMBIA, CANADA IN ACCORDANCE WITH THE CANADIAN ARBITRATION ACT. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE ONE ARBITRATOR, NAMED IN ACCORDANCE WITH SUCH RULES. THE AWARD OF THE ARBITRATOR WILL BE FINAL AND BINDING UPON THE PARTIES WITHOUT APPEAL OR REVIEW EXCEPT AS PERMITTED BY LAWS OF BRITISH COLUMBIA. THE AWARD OF THE ARBITRATOR SHALL BE ACCOMPANIED BY A STATEMENT OF THE REASONS UPON WHICH THE AWARD IS BASED. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AS NECESSARY TO PROTECT THE PARTY’S RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION. BY AGREEING TO ARBITRATE, AS SET FORTH HEREIN, YOU UNDERSTAND THAT YOU AND WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. FOR THE AVOIDANCE OF DOUBT, YOU AND WE AGREE THAT THE TYPE OF ARBITRATION WE INTEND TO PARTICIPATE IN IS BETWEEN YOU, AS AN INDIVIDUAL, AND US. YOU AND WE ARE AGREEING THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION. FOR MORE INFORMATION REGARDING THE CANADIAN ARBITRATION ASSOCIATION AND ITS ARBITRATION RULES AND PROCEDURES, GO TO HTTP://WWW.CANADIANARBITRATIONASSOCIATION.CA. FURTHER, BY USING THE SITE YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN THE CITY OF VICTORIA, BRITISH COLUMBIA, CANADA.

• TERM AND TERMINATION These Terms of Service will remain in full force and effect while you use the Site unless otherwise terminated as set forth in this section. You agree that we, in our sole discretion, may suspend, cancel, or terminate your AirSenze Solutions account, or any part thereof, and your use of or access to the Site, or any part thereof, and temporarily or permanently remove and discard any User Content within the Site at any time and for any reason, including, without limitation, for lack of use or if we have a reasonable, good-faith belief that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. ALSO, WE, IN OUR SOLE DISCRETION AND AT ANY TIME, MAY MODIFY OR DISCONTINUE PROVIDING THE SITE OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. You agree that any modification or termination of your use of or access to the Site may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your AirSenze Solutions account and all related information and User Content in your account and bar any further access to such information or to the Site. We will not return any User Content or other information to you, and you agree that neither we nor the AirSenze Solutions Parties shall be liable to you or any third party for any modification or termination of your use of or access to the Site for your inability to recover any User Content or other information, or for your inability to use the Site.

• SEVERABILITY If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

• GENERAL Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. By using the Site you consent to receiving electronic communications from us. These communications will include notices about your AirSenze Solutions account, if any, and information concerning or related to the Site. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. We and the AirSenze Solutions Parties are excused for any failure to perform to the extent that their performance is prevented by any reason outside of their control.

• QUESTIONS Please contact our customer support personnel with any questions regarding the Site, or these Terms of Service by or by e-mailing support@airsenze.com.