AeroChannel - Terms of Service

AeroChannel.com Terms of Service

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.

AeroChannel, LLC (the 'Company,' 'we,' 'us') provides the www.aerochannel.com Web site and the Web site-related services (collectively, the 'Site') subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement (as defined below). Your use of the Site and Materials (as defined below) contained on the Site is conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Terms of Use Agreement (the 'Agreement') and Company's Privacy Policy, both of which shall collectively be referred to herein as the 'Terms of Use' unless specifically stated otherwise. By using the Site you agree to the Terms of Use and to abide by all rules, terms, conditions, restrictions and notices therein.

Company reserves the right at any time to:

Change the Terms of Use at any time;
Change the Site, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, promotion, data on or feature of the Site or the hours that the Site is available; or
Change any fees or charges in connection with the use of the Site.

Any changes we make to the Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site and/or e-mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms of Use. Upon our request, you agree to sign a non-electronic version of this Terms of Use Agreement.

1. Materials. The information and materials provided through the Site, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, software and/or links shall collectively be referred to herein as the 'Materials.' Unless otherwise specified on the Site, you may download Materials displayed on the Site and may use the downloaded Material solely for your own personal, non-commercial use. You may print a single copy of any textual Material available for downloading on the Site, and may execute a single copy of any software available for downloading on the Site. You may not modify the Materials or the Site in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. The Materials remain the property of Company or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to any such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Company or, if so indicated in writing by Company, its licensors or suppliers. Although Company strives to provide Materials that are both useful and accurate, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials may have been contributed to the Site by various third parties and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and Company expressly disclaims any liability with respect to the foregoing. Any use of the Site or the Materials other than as set forth in this Terms of Use Agreement is strictly prohibited. AeroChannel, AeroChannel.com and the AeroChannel logo are either registered trademarks or trademarks of AeroChannel, LLC. Other company and product names included on the Site are the trademarks or registered trademarks of their respective owners.

2. Your Information/Usernames & Passwords. In order to access certain areas of or participate in certain activities contained on the Site, we may require you to provide us with certain information about you (e.g., your name and e-mail address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate this Agreement and your use of the Site (or any portion thereof) or your participation in any activity contained on the Site. In order to access certain areas of or participate in certain activities contained on the Site, we may require you to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your right to use or access to the Site or participate in any activities contained on the Site to any third person or party. If you have reason to believe that your username or password is no longer secure, you must: (i) promptly change your password by visiting the Site, and (ii) immediately notify us of the problem by clicking on the following link: usersupport@aerochannel.com
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES ON THIS SITE, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD.

3. Code of Conduct. While using the Site and/or Materials you agree not to:

Restrict or inhibit any other user from using the Site or the Materials, including without limitation, by means of ñhackingî or defacing any portion of the Site; Use the Site or Materials for any unlawful purpose or in any manner not intended by Company or as contemplated herein and on the Site; While using the Site, engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior; Institute an attack upon any server used in connection with the Site or any portion thereof or otherwise attempt to disrupt such servers; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit: (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Site or Materials; Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Site or Materials; 'Frame' or 'mirror' any part of the Site without our prior written authorization; Link the Site or any content thereon to any third party Web site or portion thereof, including, but not limited to any Web Site that contains any gambling, pornographic, obscene, vulgar, illegal or otherwise objectionable or questionable content; Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or Harvest or collect information about Site users without their express consent. While using the Site or Materials, you agree to comply with all applicable laws, rules and regulations.

4. Third Party Web Sites and Information. The Site may contain links to third party Web sites. The content on third party and linked Web sites is not under the control of Company and Company is not responsible for the contents of any linked Web site. Company is not responsible for webcasting or any other form of transmission received from any linked Web site, nor is Company responsible if the linked Web site is not functioning properly. Company is providing these links to you merely as a convenience, and the inclusion of any link does not imply endorsement by Company of any third party, third party Web site or any association with the operators of same. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party linked Web site.
Some of the information contained on the Site may be derived from or provided by third parties, such as airports, airlines and other commercial carriers. Although Company strives to provide accurate information on the Site, Company is neither responsible nor liable for the accuracy of any part of such third party information. Any reference to any airline, airport, commercial carrier, service provider, advertiser or any other third party on the Site does not constitute an endorsement or recommendation of such third party by Company or any of its employees, officers, agents or other representatives. Any reference to any third party on the Site is provided to you for informational purposes only. While Company works to ensure the information on the Site is current and accurate, Company does not warrant the accuracy of any information contained on the Site or its fitness for any particular purpose.

5. Accounts. Use of a particular product or service on the Site may require opening a membership account or other type of account. Use of such accounts is subject to additional terms of use and other rules and regulations. Please review such additional terms of use and other rules and regulations prior to establishing any membership or other accounts through the Site.

6. Submission of Materials. Please note that, because we (and our designees) may allow users of the Site to submit information and other materials to the Site such as Tipster information, audio, video, photos, comments, suggestions, ideas, graphics or other information and, therefore, redistribute materials users give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us Tipster information, photos, graphics, creative suggestions, ideas, notes, concepts, information or other materials (collectively, 'Submissions') or by posting such Submissions to any area of the Site you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on the Site may be provided by persons not affiliated with us. You acknowledge that a large volume of information is available on our Site and that people participating in the use of our Site occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Site by third persons or parties. The opinions expressed on the Site by such third persons or parties reflect solely the opinion(s) of such individuals or entities and may not reflect the opinion(s) of Company. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Site.

You hereby agree and acknowledge that no Submission or contribution you make to the Site will contain: (1) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, contains any nudity or is otherwise objectionable, contains images or information about persons other than yourself or infringes our or any third party's intellectual property or other rights; (2) any material, non-public information about companies without the authorization to do so; (3) any trade secret of any third party; or (4) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including without limitation all copyrights; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Company or its affiliates for all claims resulting from content you supply. Company has the right, but not the obligation, to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Even though Company may monitor and review transmissions and third party material submitted to the Site, Company assumes no liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

7. Compliance with Applicable Laws. Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

8. Acknowledgements. You hereby agree and acknowledge that: (a) Company has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) Company has the right to obtain without notification to you non-personal information from your connection to the Site for demographic purposes; and (c) Company has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including, but not limited to, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use 'hacks.' The information obtained in this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements.

9. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the 'DMCA') provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongfully filed by Company against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see copyright.gov for details. Notices and counter-notices pursuant to this Section 9 should be sent to our Copyright Agent for Notice of claims of copyright infringement at:

AeroChannel.com
6100 Wilshire Blvd., Ste. 1550
Los Angeles, CA 90048
Attn: DMCA Agent
By Telephone: (323) 934-2376
By Facsimile: (323) 634-0575
By E-mail: DMCAagent@aerochannel.com

Our Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section 9. ALL OTHER INQUIRIES DIRECTED TO OUR COPYRIGHT AGENT WILL NOT BE ANSWERED.

10. Ownership and Restrictions on Use. The Site is owned and operated by Company in conjunction with others pursuant to contractual arrangements and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors, suppliers, vendors or other agents and designees as applicable. The Site and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way except as specifically stated otherwise herein without our prior written permission. The Site and Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Site or the Materials or use of the Materials for any other purpose may be a violation of copyright and other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to the Site and the Materials by using the Site or the Materials. If you download software from the Site, such software is licensed on a limited basis to you by us or the owner of such software. Title to any such software is not transferred to you. You own the medium on which the software is recorded, but we retain all right, title and interest in and to the software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form, or transfer the software to any third party. The trademarks, logos, and service marks displayed on the Site (collectively the 'Trademarks') are the registered and unregistered trademarks of Company, Company's licensors, suppliers, vendors or other agents and designees and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company's licensors, suppliers, Financial Partner or other agents and designees, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. All content, software and other Materials published on the Site are protected by copyright, and owned or controlled by or licensed to Company, Company's licensors, suppliers, vendors or other agents and designees and others or the party listed as the provider of the content, software or other Materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY SUCH MATERIAL IS PROHIBITED. You may download any downloadable Materials displayed on the Site for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Site. Except as expressly provided in a separate license agreement, Company and its licensors of the Site and/or the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. All content on the aerochannel.com Site is Copyright © 2008 AeroChannel, LLC, unless specified otherwise. ALL RIGHTS RESERVED.

11. Eligibility and Use & Access By Minors. You must be eighteen (18) years of age or over to use the Site. By using the Site, you represent and warrant that you have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions of the Terms of Use.

12. Privacy/Security. You understand that any information provided by you or collected by us in connection with your use of the Site will be used in the manner described in this Agreement and in the terms and conditions of our Privacy Policy at aerochannel.com/privacy/, such Privacy Policy being incorporated into and made a part of the Terms of Use by this reference. If you do not agree to the terms of the Privacy Policy you may not use the Site. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Site and/or the information provided by you will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site.

13. Jurisdictional Issues. The Site is directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any software on the Site is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site and/or the provision of any service, program, contest, or other product or service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, contest, or other product or service that we provide.

14. Rules for Specific Services or Areas of the Site. Certain specific services provided on the Site and/or entry into certain areas of the Site may be governed by additional specific rules and/or additional terms of use. By using such services or entering such areas of the Site you will become subject to any those rules or additional terms of use. We urge you to read the applicable rules, which are linked to such services or areas of the Site, and to review our Privacy Policy at aerochannel.com/privacy/ which, in addition to this Agreement, governs the use of any information you submit in connection with such services or areas of the Site.

15. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement and/or your access to and use of the Site or any portion thereof or any activity provided thereon, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

16. Disclaimers. Though Company uses reasonable efforts to make available accurate, airport and airline information, you assume total responsibility and risk for use of this Site. THIS SITE, AND ALL INFORMATION, SERVICES AND MATERIALS CONTAINED OR PROVIDED THEREON, ARE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Company further does not warrant the accuracy, completeness, or timeliness of the Materials or this Site. Company may make changes to the Materials or this Site, or to the products or services described in them, at any time without notice. The materials or this Site may be out of date. Information published on this Site may refer to products, programs or services that are not available in your area or country. YOUR USE OF THE SITE AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. A possibility exists that the Site (including the Materials, Submissions, forums, software and all other information or materials on or accessible from the Site) could include inaccuracies or errors, or information or materials that violate this Agreement. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at usersupport@aerochannel.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the Section on 'Claims of Copyright Infringement' above.

17. Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR INJURY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE MATERIALS, ANY LINKED WEB SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED WEB SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED WEB SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATERIALS, CONTENT AND SOFTWARE ON THE SITE.

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY COMPANY OR ANY OF ITS EMPLOYEES. COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT ON THE SITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS SITE, NOR DOES COMPANY WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED ON THE SITE OR ON A THIRD PARTY WEB SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND COMPANY OR A REPRESENTATIVE OF COMPANY SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

COMPANY RESERVES THE RIGHT TO REMOVE WITHOUT NOTICE ANY MATERIAL POSTED ON THE MESSAGE BOARDS OR OTHER AREAS OF THIS SITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE.

18. Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any Submission or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your use of the Site.

19. Questions. The Site is provided by Company. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at: AeroChannel.com, 6100 Wilshire Blvd. Ste. 1550, Los Angeles, CA 90048 Attn: Webmaster or at usersupport@aerochannel.com.

20. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Statute of Limitations. Any claim or cause of action arising out of or related to use of the Site, the Materials or these Terms of Use must be filed within one (1) year after such claim or cause or action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

22. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Please read the Site's Privacy Policy.