Legal

Terms of Use

Thank you for visiting the Airbiquity Inc. website (the “website”).  The terms and conditions regarding use of the website are provided below (the “Terms of Use”). By using the website, you agree to follow the Terms of Use.  If you do not agree with these Terms of Use, you should not use the website. The terms "we," "our," and "us" in this Terms of Use refer to Airbiquity.
 
Your visit to the website is also governed by our Privacy Policy.  Please refer to the Privacy Policy for more details. You may also view our List of Patents and List of Trademarks.

Any software or other licensed materials which you download from the website may also be governed by the license terms accompanying those licensed materials. By downloading any such licensed materials, you agree to abide by the terms of the applicable license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited.

Intellectual Property Notices

All content included on the website is and shall continue to be the property of Airbiquity or its content suppliers and is protected under applicable US and international laws, including copyright, trademark and other proprietary rights laws. No content, image, logo, graphic, or sound from the website may be copied or retransmitted unless expressly permitted by Airbiquity. Any copying, redistribution, use or publication by you of any content or any part of the website is prohibited, except as expressly permitted in these Terms of Use. Except as expressly granted in these Terms of Use (or to you specifically in writing), Airbiquity and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or other intellectual property rights.
 
Airbiquity, Choreo and other products referenced herein are the common law and/or registered trademarks of Airbiquity Inc. in the US and in other countries. The absence on the website of a product, service name, slogan or logo does not constitute a waiver of Airbiquity’s trademark or other intellectual property rights relating to such name or logo. All other product or company names, marks, logos, and symbols may be the common law or registered marks of their respective owners.

Documents and Other Materials

All documents and other materials provided on the website, including but not limited to information, documents, logos, graphics, and images ("Materials"), are provided either by Airbiquity or by their respective third party authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Airbiquity and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Airbiquity or the Third Party Provider. Except where expressly provided in a separate license, nothing on the website shall be construed to confer any license under any of Airbiquity or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. Also, you may not "mirror" any Materials contained on the website on any other server without Airbiquity’s prior express written permission.
 
Airbiquity may, but is not obligated to, monitor or review statements or materials on the website provided by third parties. Airbiquity makes no representation as to the accuracy, legality, ownership or other aspects of such materials. Airbiquity expressly disclaims any liability for such third-party statements or materials under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.
 
Airbiquity hereby grants you a limited, nonexclusive license to use the website for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Airbiquity hereby grants you permission to display, copy, distribute and download Materials provided that: (1) a copyright notice  appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied, posted or distributed on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms.  Any unauthorized use of any Materials contained on the website may violate copyright laws, trademark laws, the laws of privacy and publicity, and other regulations and statutes.

Transmissions to Airbiquity and Links to Other Websites

You agree not to send to Airbiquity any information that you consider confidential or proprietary. Any material (including information, ideas, and feedback) you transmit to or post on the Airbiquity website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Airbiquity for any purpose whatsoever without compensation to you and without obtaining your prior permission. Notwithstanding the foregoing, all personal data provided to Airbiquity will be handled in accordance with our Privacy Policy. You are prohibited from posting or transmitting to or from the website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
 
At times the website may contain links to other websites maintained by third parties, which are provided as a convenience to the website visitors. These linked sites are not under our control and Airbiquity is not responsible for any material on such sites. We do not monitor or review the content of such third-party sites and your access by link to third party sites is at your own risk.

Disclaimer of Warranties

THE WEBSITE AND MATERIALS ACCESSIBLE FROM OR ON THE WEBSITE ARE PROVIDED "AS IS," AND AIRBIQUITY AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Although Airbiquity has attempted to provide accurate information on the website as a service to its users, Airbiquity assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. ANY Mention of non-Airbiquity products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Limitation of Liability

AIRBIQUITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING THE WEBSITE OR USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL AIRBIQUITY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR MATERIALS ACCESSED THRU THE WEBSITE, EVEN IF AIRBIQUITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD AIRBIQUITY HARMLESS FROM, AND YOU COVENANT NOT TO SUE AIRBIQUITY FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE.  IN THOSE JURISDICTIONS WHERE LIABILITY MAY NOT BE DISCLAIMED, YOU EXPRESSLY AGREE THAT THE MAXIMUM LIABILITY OF AIRBIQUITY SHALL BE ONE DOLLAR.

Export

If you use the website and/or Materials from locations outside the US, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that Materials are subject to the US Export Administration Laws and Regulations. Any use or diversion of such Materials contrary to US law is prohibited. You agree that none of the Materials, or any direct product therefrom, are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals.

General

We reserve the right to modify and/or update these Terms of Use at any time without prior notice. Your sole remedy should you not agree with the altered terms shall be to cease all use of the website.  Any action related to these Terms of Use will be governed by Washington law and controlling US federal law. No choice of law rules of any jurisdiction will apply. The sole and exclusive jurisdiction and venue for actions arising under these Terms of Use shall be the State and Federal courts in King County, Washington. 


Copyright © 2013 Airbiquity Inc. All rights reserved. Airbiquity® and the Airbiquity logo are registered trademarks of Airbiquity Inc.