Website Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

These Terms of Use (“Terms”) apply to the 4AIR website located at www.4air.aero and all associated sites linked to www.4air.aero by 4AIR or any of its affiliates (collectively, the “Site”). The Site is the property of Tuvoli, LLC dba 4AIR (“4AIR” or “we”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE.

Except as otherwise explicitly stated in these Terms, we may change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, 4AIR grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site at any time and for any reason. 

Sales, Subscriptions, and Credit Card Authorization

All orders placed on the Site are subject to these Terms, which override and exclude any other terms stipulated, incorporated or referred to by you during any negotiations or in any course of dealing between you and 4AIR.

If you wish to enter into a transaction, you may be asked to supply certain relevant information, such as your credit card number, its expiration date, and your billing address. By submitting such information to us using the Site, you represent and warrant to us that you have the right to use the associated credit card, and you grant to us the right to provide such information to third parties to facilitate your requested transaction. Verification of information may be required prior to the acknowledgment or completion of any transaction.

If you purchase a subscription, we will bill you each month in the amount stated at the time of your purchase using the payment method you have specified. This means that if you purchase a subscription with a credit card, you authorize us to bill your subscription price to that credit card on a monthly basis until your subscription ends. Your subscription begins as soon as you have completed enrollment and confirmed payment, and your subscription will automatically renew each month until cancelled. We may change our subscription pricing from time to time at our discretion, but we will give you at least 30 days’ notice prior to the change. You may cancel subscriptions at any time by contacting us at info@4air.aero. We reserve the right to cancel subscription services, effective as of the end of the then-current month, at any time at our sole discretion.

For all carbon offset purchases, we will provide reasonable proof to demonstrate that the purchased quantity of carbon emissions has been reduced/sequestered.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork or other images, sounds, music, and computer code (collectively, “Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to 4AIR, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without 4AIR’s express prior written consent. 

Your Use of the Site

You may not use any automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any 4AIR server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other surreptitious or illegitimate means.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of 4AIR, including any 4AIR account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or 4AIR’s systems or networks, or any systems or networks connected to the Site or to 4AIR.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to 4AIR on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 

Accounts, Passwords and Security

Certain features or services offered on or through the Site are only available to users with an owner account. You are entirely responsible for maintaining the confidentiality of the information you hold for your owner account, including your password, and for any and all activity that occurs under your owner account as a result of your failure to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your owner account or password, or any other breach of your owner account’s security. You may be held liable for losses incurred by 4AIR or any other user of or visitor to the Site due to someone else using your owner account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s owner account at any time without the express permission and consent of the holder of that owner account. 4AIR cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 Privacy

4AIR’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms by this reference. To view 4AIR’s Privacy Policy, visit https://www.4air.aero/privacy. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimer of Warranties

4AIR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. 4AIR CANNOT AND DOES NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. 4AIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4AIR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY 4AIR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST 4AIR FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE, AND THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND 4AIR.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Except as otherwise explicitly stated in these Terms, 4AIR reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of liability

EXCEPT AS REQUIRED BY LAW, NONE OF 4AIR, ITS MEMBERS, MANAGERS, OFFICERS AND EMPLOYEES, AND THEIR RESPECTIVE AFFILIATES, WILL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO YOUR ACCESSING, USE OF OR INABILITY TO USE THIS WEBSSITE, ANY SERVICES OFFERED OR PURCHASED THROUGH THE SITE, AND THIRD PARTY MATERIALS FURNISHED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, ANY SERVICES OFFERED OR PURCHASED THROUGH THE SITE, AND THIRD PARTY MATERIALS FURNISHED THROUGH THE SITE IS TO CEASE USE OF THE SITE, ANY SERVICES OFFERED OR PURCHASED THROUGH THE SITE, AND THIRD PARTY MATERIALS FURNISHED THROUGH THE SITE.

Indemnity

You agree to indemnify and hold 4AIR, its officers, members, managers, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against or incurred by any of them due to or arising out of or in connection with your use of the Site, except to the extent such losses are primarily attributable to such person’s gross negligence or willful misconduct.

Violation of These Terms

We may disclose any information we possess about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) 4AIR’s rights or property, or the rights or property of visitors to or users of the Site, including 4AIR’s customers. 4AIR reserves the right at all times to disclose any information that 4AIR deems necessary to comply with any applicable law, regulation, legal process or governmental request. 4AIR also may disclose your information when 4AIR determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that 4AIR may preserve any transmittal or communication by you with 4AIR through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or 4AIR determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of 4AIR, its employees, users of or visitors to the Site, and the public.

You agree that 4AIR may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if 4AIR determines that you have violated these Terms or other agreements or guidelines that may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to 4AIR, for which monetary damages would be inadequate, and you consent to 4AIR obtaining any injunctive or equitable relief that 4AIR deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies 4AIR may have at law or in equity.

If 4AIR does take any legal action against you as a result of your violation of these Terms, 4AIR will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to 4AIR. You agree that 4AIR will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

Governing law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cuyahoga County, Ohio, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between 4AIR and you arising out of or in connection with your use of the Site, the parties must attempt, promptly and in good faith, to resolve any such dispute for a period of at least 30 days.

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms will remain in full force and effect. These Terms constitute the entire agreement between you and 4AIR with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and 4AIR with respect to such use are hereby superseded and cancelled. 4AIR will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. 4AIR’s failure to insist on or enforce strict performance of these Terms will not be construed as a waiver by 4AIR of any provision or any right it has to enforce these Terms, nor will any course of conduct between 4AIR and you or any other party be deemed to modify any provision of these Terms. These Terms will not be interpreted or construed to confer any rights or remedies on any third parties.