AirLogix.com Web Site
Terms and Conditions of Use

PLEASE READ THESE WEB SITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“WEB SITE”). AirLogix, Inc. and its subsidiaries (“we”, “us” or “AirLogix”) maintain this Web site as a service to its customers, potential customers and other interested parties. The use of this Web Site is governed by the following Agreement. By using this Web Site, you acknowledge that you accept and agree to be bound by each and every term hereof.

1. Scope of Terms and Conditions of Use

These Terms and Conditions of Use govern your use of this Web Site and all applicable applications, software and services (“Services”) available via the Web Site, except to the extent such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you via the Web Site.

2. Modifications

The information on this Web Site is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies. AirLogix may revise and update these Terms and Conditions of Use at any time. Your continued usage of the Web Site after any changes to these Terms and Conditions of Use will mean you accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of AirLogix. AirLogix may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. We may alter, suspend or discontinue this Web Site in whole or in part, at any time and for any reason, without notice or consent. The Web Site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3. Intellectual Property and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with this Web Site and its contents (the “Contents”) are the sole property of AirLogix, its affiliates or third parties. The Contents are protected by copyright and other laws in both the United States and other countries, including but not limited to laws regarding trademarks, service marks, trade dress, trade secrets and unfair competition. All custom graphics, icons and other items that appear on this Web Site are trademarks, service marks or trade dress (“Marks”) of AirLogix, its affiliates or other entities that have granted AirLogix the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of AirLogix. Except as otherwise expressly authorized by these Terms and Conditions of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of this Web Site in any way without AirLogix’s or the appropriate third party’s prior written permission. Except as expressly provided herein, AirLogix does not grant to you any express or implied rights to AirLogix’s or any third party’s Intellectual Property.

4. Indemnity

By using this Web Site, you hereby release and agree to indemnify and hold harmless AirLogix, Inc. and its subsidiary corporations and its and their respective officers, directors, employees and agents from any and all claims, demands, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of AirLogix.com and its Contents.

5. Prohibited Conduct

In addition to the other restrictions set forth in these Terms and Conditions of Use, you agree that: (1) you shall not disguise the origin of information transmitted through the Web Site; (2) you will not place false or misleading information on the Web Site; (3) you will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by AirLogix; (4) you will not input or upload to the Web Site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or any information contained therein or that infringes the intellectual property rights of another; (5) certain areas of the Web Site are restricted to customers of AirLogix; (6) you may not use or access the Web Site in any way that, in AirLogix’s judgment, adversely affects the performance or function of the AirLogix Web Site or services or interferes with the ability of authorized parties to access the Web Site or services; and, (7) nothing contained on this Web Site shall be construed as granting, in any manner, any license or right to use this Web Site or any documents displayed on this Web Site, through the use of framing or otherwise, except as expressly permitted by these Terms and Conditions of Use or with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Web Site.

6. Third-party Links

There may be links on AirLogix.com that allow you to visit the Web sites of third parties. These links are provided solely as a convenience to you and not as an endorsement by AirLogix of the contents of these third party web sites. AirLogix does not control either these web sites or the companies to which they belong. AirLogix makes no representations or warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such web sites. These website may contain the opinions and viewpoints of third parties that are not necessarily the opinions or viewpoints of AirLogix. If you decide to leave the AirLogix Web Site and access these third party web sites, you do so at your own risk.

7. Disclaimer of Warranty

ALL IMAGES, TEXT AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USE OF THIS WEB SITE IS AT YOUR OWN RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, AIRLOGIX DOES NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THIS WEB SITE IS FREE OF ERRORS; (B) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (C) DEFECTS WILL BE CORRECTED; OR (D) THIS WEB SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY, PREPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRLOGIX BE LIABLE TO ANY USER OF THE AIRLOGIX WEB SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE AIRLOGIX WEB SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF AIRLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

9. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by AirLogix (or any of its affiliates or subsidiaries) of that third party or of any product or service provided by a third party.

10. Enforcement of Terms and Conditions of Use

These Terms and Conditions of Use and your use of AirLogix.com is governed by and construed in accordance with the laws of the United States and the State of Texas, excluding its conflict of laws provisions. Notwithstanding any statute, rule or regulation to the contrary, any cause of action with respect to AirLogix.com or these Terms and Conditions of Use must be instituted within one year after the claim or cause of action has arisen or be barred and must be brought in a court of competent jurisdiction within Dallas County, Texas. You expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding.

11. General Information

These Terms and Conditions of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these Terms and Conditions of Use at any time by updating this posting. If any part of these Terms and Conditions of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of AirLogix to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. The provisions of these Terms and Conditions of Use shall be construed as to its fair meaning and not strictly for or against any party. To the extent anything in or associated with this Web Site is in conflict with these Terms and Conditions of Use, these Terms and Conditions of Use shall prevail.

12. Contact Information

If you have any questions about these Terms and Conditions of Use, please contact webmaster@airlogix.com

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