Terms of Service
A&H Recreational Ventures, (“Aerial Armor”) provides: (i) certain software which is installed locally by customers at their location (“Software”), and (ii) automatic software updates in accordance with Section 5.2 and transmission of Usage Data in accordance with Section 6.2, provided remotely in communication with Aerial Armor hosted services (“Backend Services”), both for use in conjunction with Aerial Armor hardware products (“Products”) and in other ways that Aerial Armor provides. Some Products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Software and the Backend Services. These Terms of Service apply to all users of the Services (collectively or individually, “Users”).
BEFORE USING THE SERVICES, PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY VIEWING, BROWSING, CHECKING A BOX OR CLICKING A BUTTON CONFIRMING YOUR AGREEMENT TO THESE TERMS OF SERVICE OR OTHERWISE USING THE SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT; AND (B) WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH USE OF THE SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN PLEASE DISCONNECT YOUR PRODUCT FROM THE SERVICES AND DO NOT VIEW, BROWSE OR OTHERWISE USE THE SERVICES.
AS DESCRIBED BELOW, SECTION 7 DESCRIBES IMPORTANT LIMITATIONS OF THE SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM. ADDITIONALLY, AS FURTHER DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.
PERSONS under 18 years of age: The Services are not for persons under the age of 18. If you are under 18 years of age, then please do not use the Services.
Section 1: Applicability
1. The following general Terms and Conditions for the Sale of Products (“Terms and Conditions”) of Aerial Armor Holdings, Inc. (hereinafter “Aerial Armor”) shall apply exclusively to all agreements regarding the sale of products manufactured or resold by Aerial Armor (“Products”) to end customers (collectively “Customer” or “Customers”). The use of Software (as defined in Section 9.1) and subscription services provided by Aerial Armor for use with the Products is governed by Aerial Armor’s Terms of Service available at www.AerialArmor.com/termsofservice (the “Terms of Service”).
2. No changes, amendments or additional terms to the Terms and Conditions shall apply unless they have been expressly agreed in writing by Aerial Armor. In the event that an Order (as defined in Section 2.2) is placed with reference to the Customer’s terms and conditions, Customer hereby agrees that none of such Customer terms shall apply, even if Aerial Armor is otherwise aware of the Customer’s conflicting or deviating terms and conditions but nevertheless delivers Products without reservation.
3. The Terms and Conditions shall also apply to all future business dealings with the Customer, including, without limitation, purchase agreements and Orders. If Aerial Armor has previously explicitly agreed to the Customer’s deviating terms and conditions, such agreement shall not apply to Aerial Armor’s future business dealings with the Customer unless Aerial Armor expressly agrees otherwise in writing with respect to such future business dealings on a case-by-case basis.
4. THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR Aerial Armor PRODUCTS, CUSTOMER ACCEPTS AND AGREES TO THESE TERMS AND CONDITIONS. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. CUSTOMER REPRESENTS THAT CUSTOMER IS OF SUFFICIENT LEGAL AGE IN CUSTOMER’S JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THESE TERMS AND CONDITIONS. IF CUSTOMER DOES NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, CUSTOMER SHOULD NOT PURCHASE OR USE Aerial Armor PRODUCTS.
5. Aerial Armor reserves the right to change these Terms and Conditions at any timeEvery time Customer purchases Products from Aerial Armor, the Terms and Conditions in force at that time will apply between Customer and Aerial Armor.
6. The disclaimers, exclusions, and limitations of liability under these Terms and Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights.
2. Terms of Sale
Any Product purchases made directly from Aerial Armor will be governed by our Terms and Conditions for the Sale of Products and Services (“Terms of Sale”), found at www.AerialArmor.com/en/termsofsale, which are hereby incorporated into these Terms of Service. Please readthe Terms of Sale carefully for further terms and conditions regarding the Products and the Services.
3. Individual Features and Services
When using the Services, you will be subject to anyadditional posted guidelines or rules applicable to specific services and features which may be providedfrom time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into theseTerms of Service.
We reserve the right, at our discretion, to change, modify, add, or remove portionsof these Terms of Service at any time as we deem reasonably necessary, including, without limitation, tocomply with applicable law or to address added or modified features or functionality in the Services,provided however that if such changes materially impact your rights under these Terms of Service, such changes shall not be binding upon you unless you expressly consent to them. Such changes will be effective as of the date posted to the Services, and, with the exception of changes requiring your consent under the previous sentence, your continued use of the Services will constitute acceptance of such changes.
5. Access to Services
5.1 Subject to these Terms of Service, we grant you a non-transferable, non-exclusive, right (without the right to sublicense) to (i) install, access and use the Software and (ii) access and use the Backend Services, both by in connection with, and solely for the purpose of, controlling and monitoring the Products at your location or otherwise accessing a service explicitly provided by Aerial Armor for your use.
5.2 We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the software embedded in the Products (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic updates. If you do not want such Updates, your remedy is to terminate your account and stop using the Services and the Products. If you do not terminate your account and stop using the Services and the Products, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service and the Products and you agree to promptly install any Updates Company provides.
6. Ownership; Proprietary Rights
6.1 The Services are owned and operated by Aerial Armor. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Services and any other software or materials provided by Aerial Armor (“Aerial Armor Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Aerial Armor Materials are the copyrighted property of Aerial Armor or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Aerial Armor or its affiliates and/or third-party licensors. Except as expressly authorized by Aerial Armor in writing, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Aerial Armor Materials. You are not required to provide any ideas, feedback or suggestions regarding the Services or any of the Aerial Armor’s products or services (collectively, “Feedback”) to Aerial Armor. To the extent you do provide any Feedback to Aerial Armor, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Aerial Armor and acknowledge that Aerial Armor may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you.
7. Agreed Usage and Limitations of the Services
7.1 YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- WE WILL NOT BE AUTOMATICALLY NOTIFIED OF ANY EMERGENCY SITUATION OR DISPATCH EMERGENCY AUTHORITIES TO THE LOCATION IN THE EVENT OF AN EMERGENCY. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. In addition, our support contacts cannot be considered a lifesaving solution for people at risk, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services. We cannot and do not guarantee that you will receive notifications in any given time or at all. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
7.3 The Services provide you information (“Product Information”) regarding the Products in the Location and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
7.4 Aerial Armor is not responsible for third parties or their products and services. Aerial Armor hereby disclaims and you hereby discharge, waive and release Aerial Armor and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to third party products and services, even if you are unaware of a claim that might exist at the time of agreeing to this release. THIS IS AN EXPLICIT WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542, and YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
8. Prohibited Uses
8.1 As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. Access or use of the Aerial Armor Materials and the Services from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.
8.2 You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Services. You may not intentionally interfere with or damage the operation of the Services or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services. You may not attempt to gain unauthorized access to the Services, or any part thereof, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services or Aerial Armor Materials in any manner or form, nor to use modified versions of the Services or Aerial Armor Materials, including (without limitation) for the purpose of obtaining unauthorized access to the Services or Products. You may not alter, modify, disassemble, reverse engineer or create any derivative works of the Aerial Armor Materials or Services or combine the Services or Aerial Armor Materials with any third party products or services other than those authorized by Aerial Armor or as set forth in the applicable Aerial Armor documentation. Customer may not sell, rent, lease, sublicense or redistribute the Services or Aerial Armor Materials, or use or permit others to install or directly or indirectly access or use the Services or their functionality. You may not modify, disable, circumvent, deactivate or otherwise interfere with features of the Services that enforce license restrictions or limits or report Usage Data (as defined in Section 6.2) to Aerial Armor.
8.3 You agree that you will not use any automated means to access the Services for any purpose without our express written permission or bypass measures we may use to prevent or restrict access to the Services.
9. Account Information
You agree that the information you provide to Aerial Armor upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Aerial Armor. You may be liable for the losses incurred by Aerial Armor or others due to any unauthorized use of your account.
11. User Communications
Under these Terms of Service, you consent to receive communications from Aerial Armor electronically. We will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Availability of Service
Aerial Armor may make changes to or discontinue any of the features and functionality available within the Services at any time, and without notice.
Notices to Aerial Armor must be sent to Aerial Armor Holdings, Inc. at 4960 S Gilbert Road, Suite 1-500, Chandler, AZ 85249. Such notices must be sent via internationally recognized overnight courier and are deemed given when received. Notices to you may be sent to the email address associated with your account, and are deemed given when sent.
14. Violations; Termination
You agree that Aerial Armor may terminate your Services account or your use of the Services, and remove and discard all or any part of your account at any time for (a) your breach of any provision of these Terms of Service (including, without limitation, any breach of payment obligations under these Terms or Service or the Terms of Sale); (b) as ordered by a court or regulatory body with appropriate jurisdiction; or (c) to comply with applicable laws, rules or regulations. You agree that any permitted termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Aerial Armor shall not be liable to you or any third party for any such termination..
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Aerial Armor may have at law or in equity.
15. Disclaimers; No Warranties
WE ARE NOT RESPONSIBLE FOR THIRD PARTIES OR THEIR PRODUCTS AND SERVICES. WE HEREBY DISCLAIM AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE US AND OUR LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES.
THE SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Aerial Armor, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Aerial Armor, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, WILL BE COMPATIBLE WITH THE LOCATION’S NETWORK OR COMPUTERS, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT DATA TRANSMITTED VIA THE BACKEND SERVICES, YOU AGREE THAT TRANSMISSIONS OF DATA OVER THE INTERNET ARE INHERENTLY SUSCEPTIBLE TO INTERCEPTION AND ERRORS AND AGREE THAT ANY SUCH INTERCEPTION OR ERRORS IN THE TRANSMISSION OF DATA FROM YOU OR YOUR PRODUCT TO US, INCLUDING, WITHOUT LIMITATION, THE USAGE DATA, AND ANY LIABILITY ARISING THEREFROM, ARE NOT THE RESPONSIBILITY OF Aerial Armor.
WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY Aerial Armor YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
Aerial Armor, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Indemnification; Hold Harmless
You agree to indemnify and hold Aerial Armor and its affiliated companies, and each of their directors, officers, employees, contractors, suppliers and partners, harmless from any claims, losses, damages, liabilities, costs and expenses, including attorney’s fees, arising out of or relating to your use or misuse of the Services or Aerial Armor Materials, transmission of data, including without limitation the Usage Data, from you or your Product to Aerial Armor’s systems, breach of these Terms of Service or violation of the rights of any other person or entity, except solely to the extent any of the foregoing arise out of the willful misconduct or gross negligence of Aerial Armor. Aerial Armor reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Aerial Armor and you agree to cooperate with Aerial Armor’s defense of these claims.
17. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Aerial Armor OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF, RELATE TO OR RESULT FROM YOUR USE OR THE INABILITY TO USE THE Aerial Armor MATERIALS, THE SERVICES, THE USAGE DATA, OR ANY OTHER INTERACTIONS WITH Aerial Armor, EVEN IF Aerial Armor OR A Aerial Armor AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Aerial Armor’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL Aerial Armor’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD- PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES OR Aerial Armor MATERIALS (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE COST OF THE APPLICABLE PRODUCT(S) AND/OR AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENTS THAT GIVE RISE TO THE APPLICABLE CLAIM.
YOU AND Aerial Armor AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19.1 Governing Law; Jurisdiction
(a) These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Service or the Services shall be filed only in the state or federal courts in and for San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(b) Notwithstanding anything to the contrary, Aerial Armor may apply to any court of competent jurisdiction for injunctive or other equitable relief.
19.2 Waiver. A provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms of Service shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Service.
19.3 Severability. If any provision of these Terms of Service shall be 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.
19.4 Assignment. These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aerial Armor without restriction.
19.5 Survival. Sections 2, 6 and 13 through and including 19 will survive any termination of these Terms of Service.
19.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
19.7 Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to these Terms of Service or Guidelines made by Aerial Armor as set forth in Section 3 above.
19.8 Disclosures. The services hereunder are offered by Aerial Armor Holdings, Inc. located 4960 S Gilbert Road, Suite 1-500, Chandler, AZ 85249, email: legal@AerialArmor.com
This website ("website") is operated by A&H Recreational Ventures LLC., which includes Aerial Armor stores, and Aerial Armor Private Sales.