AERO GLASS, INC.
Last Updated: April 4, 2017
We, Aero Glass, Inc., a Delaware corporation (collectively, with our parents, affiliates, subsidiaries and related companies, including Aero Glass Kft, “Aero Glass,” “Seller,” “We,” “Us” or “Our”) offer state-of-the-art Products, including downloadable and integrated software (collectively “Software”) and hardware (“Hardware,” and with Software, collectively “Products”) that provide augmented reality solutions for aircraft pilots using smart glasses. Details about our Products, including purchasing them are provided on our website (“Site”). Our Products may be integrated with customer’s (collectively “Customers” and sometimes “You” or Yours”) devices such as mobile phones and/or tablet computer via our Site or mobile application (“App”) (collectively, Site and App referred to as our “Platform”). Aero Glass and the Customers are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.”
IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN PLEASE DO NOT VISIT OUR SITE OR PLATFORM, OR PURCHASE OUR PRODUCTS.
THESE TERMS CONTAIN A MANDATORY AND BINDING CUSTOMER ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON A CUSTOMER BASIS, TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Our Products, Site, and Platform are available for use worldwide.
2. WHO CAN VISIT AND USE OUR SITE AND PLATFORM?
Customer Restrictions. You may only visit our Site or Platform, and/or establish an Account, if are 18 years of age or older, are capable of forming a legally binding agreement, and are not otherwise barred from buying such Products, or visiting our Site or Platform.
Access outside the United States. If you visit our Site or Platform and/ or use the Platform from a location outside of the United States of America, you are responsible for compliance with any relevant and applicable laws of your jurisdiction, or the jurisdiction where our Products will be used or based.
3. SITE DISCLAIMER
We reserve the right to make improvements or changes to this Site, our Platform and/ or Products, or prices posted on this Site without prior notice, as we deem necessary.
AERO GLASS IS NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR USE OF THIS SITE OR THE PLATFORM. AERO GLASS PROVIDES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO AERO GLASS FOR THE ABILITY TO ACCESS THIS SITE AND/OR PLATFORM.
4. ACCESSING THE PLATFORM AND ACCOUNT SECURITY
4.1 To access the Platform, or to make a Purchase (please also review the Terms of Sale) you will be asked to establish an account (the “Account”) on our Site or App, whichever applicable. To establish an Account you will be asked to provide certain registration details and other information including a user name and password (collectively “Account Information”). You represent and warrant that the Account Information will at all times be correct, current and complete. You must treat such Account Information as confidential. You agree not to disclose such Account Information to any other person or entity (collectively “Other Person”). You agree not to provide any Other Person with access to your Account or your Account Information. You are responsible for any purchase of Products by any Other Person placed with your Account Information. You agree to indemnify and hold us harmless for any purchases, other activity or third party claims that result from the use of your Account or your Account Information by any Other Person, whether or not authorized by you.
4.2 You agree to notify us immediately of any unauthorized access to or use of your Account or your Account Information or other breach of the Platform’s security. You agree that we have the right to disable your Account and delete your Account Information, at any time if, in our opinion, you have violated any provision of these Terms including, without limitation, the terms of this section. You agree to cooperate with us if the security of our Platform is compromised by you or another Person through the use of your Account or Account Information. You acknowledge that we reserve the right to withdraw or amend your access to our Platform in our sole discretion without notice. You further acknowledge that we will not be liable if for any reason your access to the Platform by you is not available
5. CHANGES TO THE TERMS
5.1 We may revise and update these Terms from time to time in our sole discretion. When we make a revision, we will let you know by posting the revised Terms on the Site, in our App or through other communications. If the changes to the Terms are material, we will inform you via email or comparable means 15 days before the change takes effect. All other (non material) changes are effective immediately when we post them, and apply to all our Products, Site, and Platform.
5.2 If You do not agree to be bound by the modified Terms, then You may not use our Products anymore. We reserve the right to discontinue all or any part of the Products and/or to change the prices thereof at any time and without notice in our sole discretion.
6. ORDERS AND DELIVERY
You may place order for our Products in accordance with our Terms of Sale.
7. THIRD-PARTY INTERACTIONS
7.1 Third-Party Websites, Applications and Advertisements.Our Platform and /or Site may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, the Company will not warn you that you have left our Platform and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. The Company provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7.2 App Stores.You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between you and us and not with the App Store. We, not the App Store, is solely responsible for the Software, Platform, including the App, the content thereof, maintenance, support services and warranty thereof, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them.
8. PRODUCTS ADVERTISED
All Products offered herein are subject to prior sale or withdrawal without notice. Any and all descriptions of Products are for discussion purposed only, are subject to change without notice and are not representations of the part. Unless otherwise specified in writing, all sales are “as is” and there is no warranty which will extend beyond the description on the face thereof.
9. INTELLECTUAL PROPERTY RIGHTS
The Platform, the Software, the Products and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Aero Glass, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You have no ownership whatsoever with respect to the items set forth herein.
10. TRADEMARKS/NO ENDORSEMENT
All trademarks, service marks and trade names of Aero Glass or its licensors herein (including but not limited to: Aero Glass name, the terms Aero Glass, the design and any logos, logo designs and slogans) (collectively “Marks”) are trademarks of Aero Glass or its affiliates, partners, vendors or licensors. You must not use such Marks without the prior written permission of Aero Glass. All other names, logos, product and service names, designs and slogans used on the Platform, not ascribed to Aero Glass, are the trademarks of their respective owners. The use of Aero Glass Marks on any other web site or network computer environment is not allowed. You shall not use Aero Glass’s name or any language, pictures or symbols which could, in Aero Glass’s judgment, imply Aero Glass’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without our prior written consent.
11. ACCESS AND PROHIBITED USES
You may use the Products, the Site, and the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Products, the Site, and the Platform:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the terms set out in these Terms.
- To impersonate or attempt to impersonate Aero Glass, an Aero Glass employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use of the Platform, or which, as determined by us, may harm Aero Glass or our Customers or expose them to liability.
- Use our Products in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform.
- Introduce to the Platform any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any Products of the Platform.
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent Your identity or affiliation with in our registration process.
YOU AGREE TO INDEMNIFY AND HOLD AERO GLASS, ITS RELATED COMPANIES AND THEIR EMPLOYEES, AGENTS, OR CONTRACTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS OF VIOLATIONS OF THIS SECTION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF OR RESULTING FROM SUCH INVESTIGATIONS BY ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.
12. INFORMATION ABOUT YOU AND YOUR INTERACTIONS WITH OUR PRODUCTS
13. EMAILS, TEXT MESSAGING AND MOBILE PHONE CONSENT
You understand and agree that You may receive information and push notifications from Aero Glass via text messaging or through the Aero Glass App. You hereby consent to receive communications via the Aero Glass App, text message, or for calls to your mobile number. You acknowledge that you may include additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not us.
13.1 Email Subscription. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your Account, use of our Products, and your Purchases.
13.2 Text Notification. You may opt-out of receiving promotional or marketing messages, and calls from Aero Glass at any time by texting the word STOP to 619-363-1225.
You may opt-out of receiving all messages or calls from Aero Glass (including informational or transactional messages) by texting the word STOPALL to 619-363-1225 from mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of Aero Glass Products.
If you ever want to opt back in, just reply STARTALL (if You have opted out of all texts and calls) or START (if You have opted out of promotional marketing texts and calls only). These text should be sent to 619-363-1225.
13.3 Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Products.
14. YOUR REPRESENTATIONS AND WARRANTIES
In connection with your purchase of Products, use of our Products, Platform, etc. you affirm, represent and warrant the following:
- You control all the necessary rights (or have obtained the required permissions) in order to grant the releases and rights contained herein and that you have the authority on behalf of yourself and that there is no third-party obligation that interferes or prevents the granting of the rights specified herein,
- You are over the age of 18, have the right and authority to enter into these Terms, are fully able and competent to satisfy the terms, conditions, and obligations herein,
- You have read, understood, agree with, and will abide by the terms of this Terms;
- Your use of our Product is and will be in compliance with all applicable laws;
- You will not violate any applicable import or export laws or regulations;
- You shall be solely responsible for Account and our Account Information and the consequences of posting or publishing them;
- Your Account Information does not contain material falsehoods or misrepresentations that could harm Aero Glass or any third party or impersonations of third parties.
- You have all appropriate licenses, approvals and authority to be able to buy Products on the Platform;
- You will obey all laws related to the matters set forth herein, and will be solely responsible for any violations of such laws.
- Failure to comply with any of the above representations and warranties can result in removal of access to the Product, Platform, or termination of your Account and you may not be able to purchase our Products, in our sole discretion.
15. CLAIMS FOR COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that your work has been copied in a way that constitutes infringement on our Platform, and/ or Products, please provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) must be provided to Our Designated Copyright Agent.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Site, Platform, or Products that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Aero Glass’s Copyright Agent to receive DMCA takedown notices is Akos Maroy, email@example.com, Aero Glass, Inc., 6790 Embarcadero Lane #100, Carlsbad, CA – 92011. You acknowledge that for us to be authorized to take down any content, Your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
16. GENERAL DISCLAIMERS APPLICABLE THROUGHOUT THESE TERMS
THE SITE AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER AERO GLASS NOR ANY PERSON ASSOCIATED WITH AERO GLASS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE AND PLATFORM.
WITHOUT LIMITING THE FOREGOING, NEITHER AERO GLASS NOR ANYONE ASSOCIATED WITH AERO GLASS REPRESENTS OR WARRANTS THAT THE SITE AND PLATFORM WILL BE ACCURATE, RELIABLE, UPDATED, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE AND PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEB SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS. AERO GLASS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE FOREGOING DOES NOT AFFECT ANY IMPLIED WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR YOUR JURISDICTION SO THE THESE DISCLAIMERS AND EXCLUSIONS MAY THEREFORE NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17. LIMITATION AND LIABILITY
IN NO EVENT WILL AERO GLASS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OFFICERS OR DIRECTORS OR SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY ONE ELSE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SITES AND/OR PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOU SPECIFICALLY ACKNOWLEDGE THAT AERO GLASS SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS, PLEASE REFER TO SECTION 9, LIABILITY LIMITATION, OF TERMS OF SALE.
You or we may suspend or terminate your Account at any time, for any reason or for no reason. We may also block your access to our Product in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. We may mutually agree to terminate your account at any time. We may cancel your Account if we have reason to suspect that you (i) are having financial difficulties, (ii) are unable to pay your bills, (iii) have filed for bankruptcy or receivership, or (iv) assigned assets for the benefit of creditors. You are personally liable for the purchase of any Products placed or charges incurred through your account prior to termination.
If one or more the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein.
20. GOVERNING LAW AND JURISDICTION
All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule, whether of the State of California or any other jurisdiction. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. DISPUTE RESOLUTION PROCESS AND ARBITRATION
Nothing in this Section shall be deemed as preventing Aero Glass from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Our data security, intellectual property rights or other proprietary rights.
22. CLASS ACTION/JURY TRIAL WAIVER
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE AND/OR THE PLATFORM FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ CUSTOMER CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU, AND YOUR REPRESENTATIVES, AGREE THAT, BY ENTERING INTO THESE TERMS, YOU, AND YOUR REPRESENTATIVES AND AERO GLASS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
23. CHANGES TO DISPUTE RESOLUTION PROVISIONS
24. FORCE MAJEURE
Neither Aero Glass nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, food preparation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
25. ENTIRE AGREEMENT
26. GENERAL AND WAIVER SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by Aero Glass in Our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.
27. YOUR COMMENTS AND CONCERNS
The Site, Platform, Products are operated by Aero Glass, Inc. If You do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our customer support department by email at firstname.lastname@example.org.
All notices of copyright infringement claims should be sent to the copyright agent designated in Our Copyright Policy in the manner and by the means set forth herein. All other feedback, comments, requests for technical support and other communications relating to the Site, Platform, or Product should be directed to: email@example.com.