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 Terms Of Use

Airpax, its subsidiaries and affiliated companies, (collectively "Airpax") maintain this site (the "Site") to provide information about Airpax products and services. Please feel free to browse the Site. Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions which may be modified from time to time. Any new features that augment or enhance the current Site shall be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.





Terms and Conditions


1. The Site
As a visitor to the Site, you are free to browse the various web-enabled services that make up the Site. In the future, we may expand the Site to include various web-enabled features that may require registration as a user with password and account security obligations. Please check back with us regularly to review these Terms and Conditions as they will change to accommodate our enhancements. Material available on the Site may be referred to as "Licensed Content." You may view but not reproduce, sell or otherwise transfer the Licensed Content.


2. Privacy
Airpax values its relationship with visitors and customers and therefore makes every effort to safeguard personal information while also making product and service information available to our customers. Airpax collects information in several ways from different parts of the Site. However personal information would be collected if you were to ask a question or report a problem with the Site. If you contact Airpax, we may keep a record of that session or correspondence. Airpax may also occasionally ask users to complete surveys for research purposes. At present, Airpax does not require registration, however in the event registration is instituted, personal information such as name, address, telephone and facsimile number, billing and credit card or other account information, would be gathered just as if you telephoned or contacted Airpax via facsimile or regular mail.


Airpax may use "cookies" to secure your transaction activities and enhance the performance of the Site. A cookie is a small amount of identifier data that is sent to your browser from an Airpax web server and stored on your computer’s hard drive. Generally, Airpax may use cookies to: (a) remind it of who you are in order to deliver to you a better and more personalized service and (b) estimate its audience size. By determining the nature and extent of repeat usage, Airpax will be able to (c) target information to you based upon your interests and behaviors; and (d) measure certain traffic patterns to understand how users’ habits are similar or different from one another, all so that Airpax may improve the Site. Airpax also collects IP addresses for system administration to include them in outgoing mail message headers. Airpax may also research its users’ demographics, interests and behavior based on the information provided upon registration, during a promotion, from its server log files or from servers, to better understand its users. While Airpax has no intention of doing so at the present, Airpax may share this information from time to time with a subsidiary, affiliate, third parties providing services on its behalf, sponsors of certain promotions or a subsidiary or affiliated company.


To help us improve its services to you, Airpax may, from time to time, make collective customer information available to selected third parties, but only in the aggregate. As a rule, Airpax will not disclose any of your personally identifiable information. However, by accessing and using the Site, you agree that such information may be disclosed as described above, in addition to when Airpax has reason to believe that disclosing this information is necessary to identify, contact or bring legal action to enforce any of Airpax’s rights, including against you or a third party for nonpayment, or violation of the Terms of Use causing injury to or interference with its rights or property, to other Airpax users or anyone else that could be harmed by such activities. Airpax may disclose or access account information when Airpax believes in good faith that the law requires it and for administrative and other purposes that Airpax deems necessary to maintain, service and improve our products and services and to protect our rights or property.


3. Subscriber Conduct

You understand that all information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Airpax are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will Airpax be liable in any way for your use of any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content emailed or otherwise transmitted via the Site.
You agree to not use the Site to:
(a) email or otherwise transmit anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site;
(d) email or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any party;
(f) email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials;
(g) email or otherwise transmit any material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(h) interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, rules or regulations;

4. Indemnity
By accessing and using the Site, you agree to indemnify and hold Airpax, its subsidiaries, affiliates, officers, suppliers, co-branders or other partners, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of anything you submit or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any Rights.


5. Modifications to the Site
Airpax reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Licensed Content with or without notice. You agree that Airpax shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Airpax has no obligation and assumes no duty to revise or update the Site (or any part thereof) or any Licensed Content placed on the Site, even if new information regarding Airpax products or services or other Licensed Content becomes available for disclosure.


6. Termination
You agree that Airpax, in its sole discretion, may terminate your use of the Site, and remove and discard any materials created or transmitted by you through the Site, for any reason, including, without limitation, for lack of use, or if Airpax believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site under any provision of the Terms of Use may be effected without prior notice. Further, you agree that Airpax shall not be liable to you or any third party for any termination of your access to the Site.


7. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of sponsors, partners, advertisers or other third parties found on or through the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Airpax specifically disclaims any obligation to review, test or otherwise confirm the accuracy of any information placed on the Site or otherwise obtained from such sponsors, partners, advertisers or other third parties. Airpax also specifically disclaims any duty or obligation to revise the Site (or any part thereof) or any Licensed Content in connection with any changes in federal, state or local laws or regulations. You agree that Airpax shall not be 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 such third parties on the Site. However we may be privy to and use personal information provided by you to such parties.


8. Links
The Site contains links to third party WorldWide Websites or resources. Because Airpax has no control over such sites and resources, you acknowledge and agree that Airpax is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising products or other materials on or available from such sites or resources. You further acknowledge and agree that Airpax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods, services or materials available on or through any such site or resource.


9. Airpax’s Proprietary Rights
You should assume that everything you see or read on the Site is protected by all copyright, patent, trademark and other laws relating to the protection of proprietary rights unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the express written permission of Airpax. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software"), all images, photography, regardless of source, graphics, artwork, text, Marks as defined elsewhere in these Terms and Conditions, and other information and material found on the Site and all intellectual property relating thereto (all of which are included in and as the "Licensed Content"), is owned by Airpax or its subsidiaries or affiliates or its suppliers and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to compliance with the terms and conditions of this Agreement, Airpax grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site and Software solely as follows:

to access the Licensed Content and Software from the Site solely for your use. You may not relicense, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.

You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or use the Licensed Content to compete with Airpax or create your own website for use by others based on or containing the Licensed Content that is accessible to third parties. You are authorized to view, but not download (other than as necessary to view), reproduce or use, any Licensed Content found on any portion of the Site. This Agreement shall automatically terminate if you breach any provision of this license and such breach is not cured within ten (10) days of notice of the breach. You agree not to cause or permit the reverse engineering, disassembly or decompilation of the Software. Airpax grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the, Site and Software, including all updates and modifications thereto. You do not acquire any rights, express or implied, in the Software or Site other than those limited rights of access specified in this Agreement.


You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Airpax, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or on the Software, in whole or in part.


10. Airpax Products and Services
Airpax makes no representations or warranties that any products or services that you may purchase from Airpax will meet your business needs and expectations. The decision to acquire products or services from Airpax is yours alone, even if Airpax employees or agents assist in the identification, evaluation, selection or acquisition of such products or services.


11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AIRPAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, LICENSED CONTENT OR PRODUCTS OR SERVICES PURCHASED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE.
(b) AIRPAX MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE 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 THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRPAX OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED "AS-IS" AND THAT AIRPAX ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY PRODUCT INFORMATION OR PRICING, AVAILABILITY OF PRODUCTS SHOWN ON THE SITE, TIMELINESS, DELETION, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AIRPAX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIRPAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


12. Notice
Notices to you may be made via either email or regular mail. Notice or other correspondence to Airpax should be mailed to:

Airpax Corporation
550 Highland Avenue
Frederick, MD 21701
Attention: Vice President, Marketing and Business Development


13. Trademark Information
Airpax‚ and other Airpax logos, trade names, trade dress, product and service names are proprietary to Airpax, its subsidiaries and affiliates (collectively the "Marks"). In addition, Airpax may license from third parties the rights to use their marks on its products ("Third Party Marks"). You agree not to display or use either the Marks or the Third Party Marks in any manner.


14. General Information
The Terms of Use constitute the entire agreement between you and Airpax and govern your use of the Site, superseding any prior agreements between you and Airpax. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and contracts that may apply when you use affiliate services, third party content or third party software. The Terms of Use and the relationship between you and Airpax shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Airpax agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Frederick, State of Maryland. The failure of Airpax to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.


15. Violations
Please report any violations of the Terms of Use to our customer service.
The parties acknowledge that they have required that these Terms of Use be prepared and provided in English. Les parties reconnaissent qu’elles ont exige que la presente convention soit redigee in anglais.


  

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