Welcome to the AirScout.com website (“Site”). AirScout offers you access to this site, the services and other features offered subject to the following terms and conditions (“Terms”). If you have any questions about these Terms, please contact us.
Please read these Terms carefully before browsing or using this Site or the services and other features offered. By browsing or using this Site or the services and other features offered, you are agreeing to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use this Site or the services or the other features offered.
Permitted Use and General Use Restrictions AirScout or third parties granting rights to AirScout hold all right, title, and interest in and to the pages and screens on this Site and to all products, services, content, material, information, data, scripts, software, code, mobile device applications and various other functionalities and applications available on, through or with reference to this Site (collectively, the “Services”), which are the copyrighted work of AirScout or such third parties. AirScout grants you a limited, personal, revocable, non-exclusive, non-assignable, non-transferable and non-sublicensable license to use and display the Services only for the intended purposes of the Services and subject to these Terms. Some of the information included as part of the Services is considered by AirScout to be proprietary, confidential, of a sensitive nature and/or the trade secrets of AirScout. Accordingly, you will keep confidential and not disclose to any third party person or entity any of the information retrieved by you during your use of this Site or the Services. Except as stated herein, and to the extent permitted by applicable law, you shall have no right to copy, download, display, use for competitive comparison or other unauthorized purposes, perform, reproduce, distribute, modify, edit, alter, translate, adopt or enhance any of the Services in any manner or create any derivative works from the Services, reverse engineer or decompile any code, script, or software forming the Services. This limited license terminates automatically without notice to you if you breach any of these Terms. Upon termination, you must immediately delete and destroy any downloaded application and content and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to this Site, the Services or any content, information, materials, applications or other functionalities related thereto and you agree not to “frame” or “mirror” this Site, any Services contained on, framed within, or accessible from or through this Site on any other server, Internet-based device or mobile device without the prior written authorization of AirScout.
Availability This Site includes areas that offer Services to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. AirScout does not and shall not make any warranty or representation that a user in one region may obtain the same Services in another region. AirScout may cancel a user’s access to and use of this Site and Services at any time and for any reason. AirScout may redirect a user to the area of the Site for that user’s region. Information that AirScout publishes on this Site may contain references to AirScout products, programs and services that are not announced or available in your region or country. Such references do not imply that AirScout intends to announce such products, programs or services in your country or region. Consult your local AirScout business contact for information regarding the products, programs and services that may be available to you. Any part of the Services on this Site may change without notice to you at any time in AirScout’s sole discretion. AirScout is under no obligation to maintain this Site or provide the Services contained herein and makes no warranty that it will do so.
When you sign up to use a special feature, mobile device application or password-protected area of this Site, you may be asked to agree to these Terms or to special terms governing your use of the special feature, mobile device application or password-protected area. In such cases, you will be asked to expressly consent to these Terms or the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms, the terms of the click-through agreement will supplement or amend these Terms but only with respect to the matters governed by the “click-through agreement.”
AirScout does not routinely monitor your Submissions but reserves the right so to do. However, in our efforts to promote good citizenship within the Internet community, if AirScout becomes aware of inappropriate use of this Site or the Services, AirScout will respond in any way that, in its sole discretion, AirScout deems appropriate. You acknowledge that AirScout will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, AirScout will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Third Party Interaction and Links to Third Party Sites In your use of this Site or the Services, you may, through applications available through or with respect to this Site, links to other websites or to advertisements, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party advertisers, providers, or other Registered Users. Unless otherwise stated specifically by AirScout, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion is solely between you and the applicable third party. You agree that AirScout has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any third party.
This Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by AirScout. Such links do not constitute an endorsement by AirScout of any such websites or the products or services offered through such websites. You acknowledge that AirScout is providing these links to you only as a convenience. You agree that AirScout is not responsible for the business practices, content, privacy policies or links displayed on such websites or products and services offered through such sites to which you may be linked. You agree that your access to those websites is at your own risk.
From Third Party Websites to AirScout
All links to AirScout websites by third parties (“linking party”) must be approved in writing by AirScout. Please contact us for approval.
As a condition to being permitted to link to this Site, the linking party must agree that AirScout may at any time, in its sole discretion, terminate permission to link to this Site. In such event, the linking party agrees to immediately remove all links to this Site.
By linking to this Site, the linking party agrees to indemnify and hold AirScout safe and harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. AirScout shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. AirScout makes no warranties, express or implied, with respect to such links.
Disclaimer of Warranties and Limitation of Liability
YOUR USE OF, AND ANY RELIANCE UPON, THIS SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION, MATERIALS AND DOWNLOADED APPLICATIONS, IS AT YOUR OWN RISK.
THIS SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND. AIRSCOUT, FOR ITSELF AND ANY THIRD PARTY PROVIDING SERVICES TO THIS SITE, PROVIDES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND IN CONNECTION WITH OR REGARDING THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIAL, INFORMATION, PRODUCT, REPRESENTATION, OR SERVICES.
NEITHER AIRSCOUT NOR ANY THIRD PARTY PROVIDING SERVICES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE OR FAILURE TO REALIZE EXPECTED BENEFITS OR SAVINGS ARISING FROM OR CONNECTED WITH THIS SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR SERVICES OR YOUR INABILITY TO USE THE SITE OR SERVICES, EVEN IF AIRSCOUT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY THIRD PARTY OWNERS OF SERVICES, INCLUDING, BUT NOT LIMITED TO WEATHER FORECAST, MARKET OR COMMODITY INFORMATION, PROVIDED OR CONTAINED ON THIS SITE ARE THIRD PARTY BENEFICIARIES TO THE WARRANTY AND LIABILITY LIMITATION PROVISIONS CONTAINED IN THIS PARAGRAPH AS THOSE PROVISIONS RELATE TO THEIR MATERIALS, SERVICES OR CONTENT. TO THE EXTENT ANY LIABILITY ARISES ON BEHALF OF AIRSCOUT RELATED TO THIS SITE OR SERVICES, USER AGREES THAT THE MAXIMUM LIABILITY OF AIRSCOUT WILL BE $25.00 U.S. DOLLARS.
IF YOU ARE RESIDENT IN THE EUROPEAN UNION, AIRSCOUT DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Product Information, Inaccuracies or Errors
All products, programs and services shown on this Site are subject to the terms, conditions, licenses and restrictions applicable to those products, programs and services. The descriptions, pictures and other depictions of products, programs and services shown on this Site may contain inaccuracies and errors. AirScout does not make any warranty or representation with respect to the accuracy or completeness of any such information.
The prices, descriptions, programs and services shown on this Site may change without notice to you at any time in AirScout’s sole discretion. AirScout shall have the right to refuse or cancel any orders for products or services or participation in any programs shown on this Site.
Local Laws; Export Control AirScout controls and operates this Site and provides the Services from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States and Canada. If you use this Site from outside the United States of America or Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to export and import regulations.
Trademarks AIRSCOUT, the logomark design, and all other products, programs and services denoted with ™, SM, or ® are trademarks, service marks or registered trademarks or service marks of AirScout Inc. AirScout trademarks and service marks may not be used in connection with any product, program or service that is not a AirScout product, program or service.
User Indemnifies AirScout You alone are responsible for your actions related to the use of this Site and the Services or the actions of any person using your user name and password or mobile device. As such, you will defend, indemnify and hold AirScout and its affiliates and their respective officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all claims, demands, lawsuits, costs, damages, liabilities, and expenses (including legal fees) incurred, claimed or alleged, relating in any way to: (i) your breach of these Terms; (ii) your use of the Site or the Services; (iii) the use of the Site or the Services by any person using your user name and password or mobile device; and (iv) any claim that one or more of your Submissions, or the Submission of any person using your user name or password, violate the intellectual property rights of any third party or are otherwise defamatory or libelous.
Applicable Law Any action related to these Terms will be governed by the law of the State of Iowa, United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Iowa, United States of America, for the resolution of all disputes arising from or related to these Terms or your use of this Site.
Termination If AirScout becomes aware of inappropriate or unauthorized use of this Site or the Services, AirScout will respond in any way that, in its sole discretion, AirScout deems appropriate. Additionally, AirScout may terminate your access to the Site and the Services without notice at any time for any reason or no reason at all.
Revisions AirScout reserves the right to revise these Terms at any time by updating this posting. Notice that the Terms have been revised shall be provided by posting such fact on the Site for a reasonable amount of time. Your continued use of the Site after such notice will constitute your acceptance of such revised Terms.
Miscellaneous Waiver: No omission or delay on the part of AirScout in requiring the due and punctual fulfillment of any of its obligations hereunder shall constitute a waiver of any of its rights to require such due and punctual fulfillment of any obligation hereunder, nor shall any single or partial exercise of a right preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Entire Agreement: These Terms constitute the entire agreement among the parties hereto and supersede all other prior agreements or understandings, both written and oral, between the parties or any of them with respect to the subject matter hereof.
Force Majeure: AirScout (or any of its affiliates or representatives) shall not be responsible or liable to any other party for any failure to perform any of its covenants or obligations under these Terms if such failure results from events or circumstances reasonably beyond the control of such party.
Headings: The headings in these Terms are solely for the convenience and reference of the parties hereto and are not intended to be descriptive of the entire contents of, or to affect, any of the terms or provisions hereof.
Survival: The termination of these Terms as specified herein shall not serve to eliminate any liability arising out of conduct prior to the actual date of termination and any party hereto may, following such termination, pursue such remedies as may be available with respect to such liabilities.
Severability: If any term or provision of these Terms or the application thereof shall be invalid or unenforceable, such term or provision shall be severed from these Terms and the remainder of these Terms shall be unaffected thereby be valid and be enforced to the fullest extent permitted by law.