fbpx

Terms of Service

Terms of Service

 

Posted April 24, 2017

Please read the following terms of service (“Agreement”) before you install the Airflare application or use any of the products or services we provide through our application, software or website (all of which are referred to collectively herein as the “Airflare Technologies”). The Airflare Technologies are owned, licensed and operated by Vector Flight LLC (referred to herein as “we,” “us,” “our,” or “Vector Flight”), which has developed applications and services for use in connection with a variety of devices and platforms. The terms of service constitute a binding legal agreement, which govern your use of the Airflare Technologies via any platform or device. By installing the Airflare software application, supporting files and accompanying documentation (referred to collectively herein as the “Airflare application”), visiting our website or installing or using any of the Airflare Technologies, you are accepting these terms of service. If you do not agree to these terms, please do not install our application, access our website or use any of our products or services.

If you have questions or concerns regarding this Agreement or the Airflare Technologies, you should contact us at support@https://airflare.com/.

THE AIRFLARE SERVICE

Our users that are subject to this Agreement include both individual natural persons that have downloaded the Airflare application in order to assist search and rescue organizations in locating such user in the event such user is in need of rescue, as well as search and rescue organizations that use the Airflare Technologies (including the Airflare detector) to assist such organizations in locating users in need of rescue.

With respect to a user that has downloaded the Airflare application in order to assist search and rescue organizations in locating such user, the Airflare application is provided solely for your personal, noncommercial use. With respect to a user that is affiliated with a search and rescue organization, the Airflare Technologies (including the Airflare detector) are provided solely for your noncommercial use in connection with locating users in need of rescue and may only be used in the discharge of your duties as part of a search and rescue organization. Users may not use the Airflare Technologies or any content contained in the Airflare Technologies (including, but not limited to, designs, text, graphics, images, logos, software, and computer code) in connection with any commercial transactions, such as advertising or soliciting any user to buy or sell any products or services or charging a third party to use the Airflare Technologies; provided that, users are permitted to recommend the Airflare Technologies to third parties in connection with a commercial venture so long as, in connection with such venture, such user does not charge others for use of the Airflare Technologies or otherwise violate this Agreement. For example, a leader of a commercial outdoor camping trip that is charging participants for such camping trip may recommend and encourage the participants on the trip to download and use the Airflare Technologies on the trip but such leader may not use the Airflare Technologies trademark or other intellectual property rights to market such leader’s trip and such leader may not charge the participants a fee to use the Airflare Technologies. Users of the Airflare Technologies may not use any information obtained from the Airflare Technologies to advertise to, solicit, or sell to any other user without his or her prior explicit consent. We reserve the right, at any time, in our sole discretion, with or without notice and without limiting any other legal remedies available to us, to terminate the registration of, and block access to the Airflare Technologies to, any users who infringe any copyrights or other intellectual property rights.

LICENSE GRANT

Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial right and license to: (1) download and use a copy of the Airflare application; and (2) view and use the Airflare Technologies, including, without limitation, the products and services made available on or through the Airflare application or our website. No other right or license of any kind is granted to you hereunder with respect to the Airflare Technologies. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you want to make commercial use of any of the Airflare Technologies, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination, you will destroy or permanently erase all copies of the Airflare Technologies.

OWNERSHIP

The Airflare Technologies, including, but not limited to, the Airflare application and all other programs, text, graphics, files and other content are owned and copyrighted by Vector Flight LLC and its licensors, and are protected worldwide. We retain all right, title and interest in and to the Airflare Technologies and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks, service marks, trade secrets and other intellectual property rights, any derivative work of the Airflare Technologies, and any Update, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. For purposes of this Agreement, “Update” shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the Airflare application. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Airflare Technologies, or any derivative work or Update. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.

LICENSE RESTRICTIONS

Your access to and use of the Airflare Technologies is subject to this Agreement and all applicable laws and regulations. You may not: (1) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Airflare Technologies, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Airflare application or any portion thereof; (2) distribute, license, transfer, or sell, in whole or in part, any of the Airflare Technologies or any derivative works thereof; (3) market, rent or lease the

Airflare Technologies for a fee or charge, or use the Airflare Technologies to advertise or perform any commercial solicitation; (4) use the Airflare Technologies to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (5) interfere with or attempt to interfere with the proper working of the Airflare Technologies; (6) exploit the Airflare Technologies in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; (7) use any robot, spider, scraper, or other automated means to access our website or proprietary work for any purpose without our prior written permission; (8) use the Airflare Technologies to collect or harvest personal information about other users of the Airflare Technologies; (9) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (10) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (11) use the Airflare Technologies, or any other services, products, or downloads available in connection with the Airflare Technologies for illegal purposes; (12) represent that you are the owner of any of the Airflare Technologies, including any of its individual files, drawings or documentation; (13) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Airflare Technologies; (14) incorporate the Airflare Technologies or any portion thereof into any other program or product; (15) use the Airflare Technologies for any purpose other than in accordance with the terms and conditions of this Agreement; or (16) copy or reproduce, in any form or by any means, any part of the Airflare Technologies (except that you may make one copy of the Airflare application for archival or backup purposes only, provided that any such copy contains the copyright and proprietary notices in unaltered form). We reserve the right to refuse service, terminate registration or limit access to the Airflare Technologies in our sole discretion.

INFORMATION YOU PROVIDE

You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Although our Privacy Policy is not a legal agreement, and creates no contractual obligations, it contains information that you should review prior to using the Airflare Technologies. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it. You are not required to register or provide any personal information in order to visit our website. You are required to register, however, to use our application. If you choose to register, you must provide certain current, complete, and accurate information about you, as requested during the registration process (“Registration Data”), and you must maintain and update such Registration Data to keep such information current, complete and accurate. You warrant that your Registration Data and all of the other information that you provide to us will be truthful, accurate, and complete, and that you are authorized to provide such information. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your registration and your access to the Airflare Technologies.

To the extent that you are using an Airflare detector (and software application in connection with such detector) in connection with your use of the Airflare Technologies to locate other users in need of rescue, you further represent and warrant that you are authorized as a search and rescue

organization under applicable law and that you will only disclose information and data regarding users in need of rescue to those persons that need to know such information and that are legally authorized to receive any such data. To the extent that, in connection with your affiliation with a search and rescue organization, you are an individual using the Airflare Technologies on your personal device to assist the search and rescue organization, you represent and warrant that you are legally authorized, as a representative of a search and rescue organization, to collect and use the information and data regarding users in need of rescue. You further represent and warrant that you will only disclose information and data regarding users in need of rescue to those persons that need to know such information and are legally authorized to receive any such data.

If you choose to register, you are responsible for maintaining the confidentiality of your registration information and for restricting access to such registration information. You agree to accept responsibility for all activities that occur under your registration details, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Registration Data. We reserve the right to refuse service and/or terminate your registration in our sole discretion.

If you choose to send us any message or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any service, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how or techniques.

COPYRIGHT INFRINGEMENT

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof and you believe that any material on the Airflare Technologies infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.

Counternotification. If we remove or disable access to such material on the Airflare Technologies in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counternotification by written communication to our Designated Copyright Agent (as listed below) that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.

Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counternotifications of claimed infringement can be reached at support@https://airflare.com/.

For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.

THIRD PARTY WEBSITES, SOFTWARE AND SERVICES

The content, products and services available via the Airflare Technologies may include materials from non-affiliated third parties. Any third party links are provided for your convenience only. We do not control, and are not responsible for, the content of, or products or services available through, any third-party websites. We are not responsible for examining or evaluating any third-party content. You understand and agree that we do not warrant and shall not be liable for any third-party materials or websites. You also agree that you will not use any third-party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.

DISCLAIMER OF WARRANTIES

Reasonable efforts are taken to improve the accuracy and integrity of the Airflare Technologies, but we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. Notwithstanding any other provision of this Agreement, we reserve the right to change, suspend, remove, or disable access to any of the Airflare Technologies, content, or other materials comprising a part of the Airflare Technologies at any time without notice. In no event will we be liable for making these changes. We do not warrant, and will not have any liability or responsibility for, your use of Airflare or the services we provide. We may also impose limits on the use of or access to certain features or portions of the Airflare Technologies, for any reason and without notice or liability. Our website and services may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

We are not liable for any damage, loss, cost, claim or expense arising out of or relating directly or indirectly to your use of the Airflare Technologies. We do not and cannot guarantee accuracy or availability of our services or that there will be no interruptions or delays in relation to our services from network problems, human or technical error, atmospheric, geographic, or

topographic conditions. We assume no responsibility for the corruption of any data or information held by us.

Vector Flight is not responsible for the conduct of any user. In no event shall Vector Flight, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Airflare Technologies including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from interactions with other users or search and rescue agencies in connection with your use of the Airflare Technologies.

THE AIRFLARE TECHNOLOGIES ARE PROVIDED TO YOU AS A HELPFUL TOOL IN SEARCH AND RESCUE OPERATIONS BUT SHOULD NOT BE RELIED UPON TO GUARANTEE YOUR SAFETY

THE AIRFLARE TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION, OUR APPLICATION, SOFTWARE, PRODUCTS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. THE AIRFLARE TECHNOLOGIES ARE PROVIDED TO YOU AS A HELPFUL TOOL IN SEARCH AND RESCUE OPERATIONS BUT IT SHOULD NOT BE RELIED UPON TO GUARANTEE YOUR SAFETY. VECTOR FLIGHT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE ABILITY OF THE AIRFLARE TECHNOLOGIES TO LOCATE YOU OR ENSURE YOUR RESCUE IN CONNECTION WITH A SEARCH AND RESCUE OPERATION. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE AIRFLARE TECHNOLOGIES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE AIRFLARE TECHNOLOGIES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE AIRFLARE TECHNOLOGIES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE AIRFLARE TECHNOLOGIES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE AIRFLARE TECHNOLOGIES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE AIRFLARE TECHNOLOGIES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE AIRFLARE TECHNOLOGIES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AIRFLARE TECHNOLOGIES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE AIRFLARE TECHNOLOGIES.

INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold harmless Vector Flight LLC, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of the Airflare Technologies, or any of your other acts or omissions.

DISPUTES

Any dispute or claim relating in any way to your use of any of the Airflare Technologies will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including, without limitation, injunctive and declaratory relief or statutory damages), and must follow these Terms of Service as a court would. Arbitration is more informal than a lawsuit in court, and allows for more limited discovery than in court.

To initiate an arbitration proceeding, you must send an email requesting arbitration and describing your claim to support@https://airflare.com/. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will promptly reimburse you for your payment of the filing fees, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees. Unless you and we agree otherwise, any arbitration will take place in the county (or parish) where you live. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. We will not seek attorneys’ fees and costs in arbitration, unless the arbitrator determines that your claims are frivolous. In the event the AAA is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Vector Flight or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Neither you nor Vector Flight will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another user’s registration, if Vector Flight is a party to the proceeding. The arbitrator will decide all issues, including, without limitation, issues relating to the scope and enforceability of this arbitration agreement. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. This arbitration agreement will survive the termination of your relationship with Vector Flight.

GOVERNING LAW

By using any of the Airflare Technologies, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any kind that might arise between you and us.

AUTOMATIC RENEWAL AND REFUNDS

Our application is made available through the Apple App Store or Google Play. Your subscription for our services will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, for no more than the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature.

If you want to can cancel the renewal of your subscription, you must contact the app store or distribution platform (i.e., Apple App Store or Google Play) where you purchased our application. You will not receive a refund for the fees you already paid for your current subscription period but you will continue to receive the services ordered until the end of your current subscription period.

Any free trial or other promotion that provides access to our services must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.

TERMINATION

This Agreement is effective unless and until terminated as expressly provided herein. We may terminate this Agreement at any time and may do so immediately without notice, without any

liability to you, and accordingly deny you access to the Airflare Technologies, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.

ASSIGNMENT

This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.

SEVERABILITY

If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitrator or tribunal, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.

FORCE MAJEURE

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of Vector Flight LLC and you.

You may not use, export, re-export, import or transfer the Airflare Technologies except as authorized by United States law, the laws of the jurisdiction in which you obtained the Airflare Technologies, and any other applicable laws. In particular, but without limitation, the Airflare Technologies may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Airflare Technologies, you represent and warrant that you are not located in any such country or on any such list. You also may not use the Airflare Technologies for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

We reserve the right to limit, in our sole discretion, the availability of the Airflare Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.

INTERNATIONAL ACCESS

Although the Airflare Technologies may be accessed from countries other than the United States, the Airflare Technologies are intended for, and directed at, users in the United States. Furthermore, we control and operate the Airflare Technologies from offices located in the United States and all servers that make it available reside in the United States. The Airflare Technologies are not intended to subject us to the laws or jurisdictions of any state, country, or territory other than the United States. We make no representations or warranties that the Airflare Technologies are appropriate for use or access in other locations. If you access and use the Airflare Technologies outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.

ACCESS BY CHILDREN

Our service is not directed at persons under the age of 13. If you are under 13 years old, then please do not use the Airflare Technologies. If you are over 13, but under the age of consent where you live, then you must get the consent of your parents or guardian prior to using the Airflare Technologies after you and your parent or guardian review, understand and agree to these Terms; and, if you do use the Airflare Technologies, you represent to us that you have done so.

ELECTRONIC COMMUNICATIONS

If you register or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Airflare Technologies. 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. You agree that we may send email to you for the purpose of advising you of changes or additions to the Airflare Technologies, about any of our products or services, or for such other purposes as we deem appropriate.

REVISIONS TO AGREEMENT

We may, at any time, revise this Agreement. If we modify the Terms of Service, we will post the modification on our website, through the Airflare Technologies, or otherwise provide you with notice of the modification. In order to determine the current Agreement to which you are bound, you are encouraged, prior to each usage of the Airflare Technologies, to review the Terms of Service. For your convenience, we include the effective date of the Agreement at the beginning of the document, so that you can easily ascertain whether it has been updated since the last time you viewed the Terms of Service. Your continued use of the Airflare Technologies constitutes acceptance of this Agreement at the time of each use. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Airflare Technologies. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and Vector Flight that arose prior to the date of such revision. These Terms of Service may only be modified in writing as set forth in this paragraph, and may not be modified orally.