terms & Conditions
AERIAL DECISIONS (“Aerial Decisions”) WEBSITE TERMS & CONDITIONS
1. WELCOME. Aerial Decisions, LLC ("Aerial Decisions", “we”, “us” or “our”) welcomes you. “You”, “your”, and “yourself” means you, the individual, or organization on or using this website.
2. Aerial Decisions SERVICES. Aerial Decisions provides or partakes in various services, including, without limitation, drone photography and drone related services (“Aerial Decisions Services”). You may enroll in, and enter into agreements relating to the Aerial Decisions Services (“Aerial Decisions Agreements”) through this website. Merely being on and navigating this website does not entitle you to Aerial Decisions Services. You can only receive or partake in Aerial Decisions services by enrolling in and entering into a written agreement agreed to by GSSD, for Aerial Decisions Services. Aerial Decisions may immediately, without notice, limit or terminate your access to Aerial Decisions Services through this website.
3. MODIFICATIONS TO OR DISCONTINUANCE OF THIS WEBSITE
Aerial Decisions reserves the right at any time and from time to time to modify, alter, redesign, or discontinue temporarily or permanently, this Website or the Aerial Decisions on this website, or any part thereof, with or without notice. This may include, without limitation, modifying or redesigning the organization, specifications, structure, and/or appearance of this website, or changing with the location of this website. Aerial Decisions SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS WEBSITE, OR ANY PART THEREOF.
4. ACCEPTANCE OF THESE TERMS AND CONDIITONS. Merely by being on this site, including without limitation, navigating herein, you accept and agree to be bound by these Terms and Conditions (“Terms"). You can review the most current version of these Terms at any time at , or such other location as we may designate.
5. REPRESENTATIONS AND WARRANTIES BY YOU. You represent and warrant you are bond by these Terms, and shall carry out the obligations set forth in these Terms. You also represent and warrant that, (i) if you are an individual, you are 18 years old or older or; if you are an entity, that you are a corporation, partnership, limited liability company, or other legal entity duly formed in good standing where required to do business with all legal authority, (ii) you have the power and authority to enter into and perform under these Terms, (iii) you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of or from this website, (iv) you will not alter or remove any identification, trademark, copyright, or other notice from this website, and (vi) the information you provide to Aerial Decisions through this website, and/or any act or omission by you relating to this website: (a) do not violate any applicable law, statute, directive, ordinance, treaty, contract, rule, and/or regulation, or Aerial Decisions policy or guidelines (collectively, “Laws”), (b) do not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity, (c) do not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy, and (d) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening, and (e) do not (as determined by Aerial Decisions) reflect poorly on or tarnish the business, reputation or goodwill of Aerial Decisions .
6. YOUR INFORMATION AND DATA, AND ACTS AND OMISSIONS BY YOU. You agree to: (a) provide true, accurate, current and complete information, including but not limited to your name and email address, phone and other information, about yourself and any person or entity, as prompted by the Aerial Decisions through this website ("Your Data") or as required by Law.
In addition, you represent, warrant, and covenant that: (i) ) all information you provide to Aerial Decisions in whatever media or medium is free of viruses, Trojan horses, trap doors, backdoors, Easter eggs, logic bombs, worms, time bombs, cancelbots, and/or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any Aerial Decisions data, information, systems and/or equipment, and (iii) submission of information by you to Aerial Decisions will not: cause damage to a user’s computer, download a software application(s), change a user’s settings, or create a series of multiple, sequential, stand-alone advertisements (including by pop-up window or pop-under window).
7. LICENSES / USE OF INFORMATION.
Subject to applicable Law, you grant to Aerial Decisions a fully paid-up, royalty free, perpetual, worldwide, irrevocable, transferable, sublicensable, license to utilize for any purpose your information, data and Content (defined below), that you provide to us though this website.
8. IMPROPER USE OF THIS WEBSITE. You shall not use this website, whether directly or indirectly, for any purpose except for the purpose(s) explicitly set forth on this website.
9. Aerial Decisions PRIVACY POLICY
Your Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Aerial Decisions Privacy Policy at /privacy-policy or such other location as we may designate.
10. NO CHILDREN / MINORS. This website and Aerial Decisions Services do not involve children, and anyone under the age of 18 is prohibited from using this website or Aerial Decisions Services.
11. CONTENT / LINKS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Content may include
links in this website to other Internet sites (including, without limitation, web or mobile) of third-parties. THEREFORE, YOU, AND NOT Aerial Decisions, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THIS WEBSITE, EVEN IF ON A FORM OR MEDIA PROVIDED BY Aerial Decisions OR OTHERS. Aerial Decisions DOES NOT CONTROL THE CONTENT PROVIDED BY AND/OR POSTED BY YOU OR ANYONE ELSE. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT Aerial Decisions IS NOT RESPONSIBLE FOR THE AVAILABILITY OF EXTERNAL SITES, RESOURCES OR LINKS, AND Aerial Decisions DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Aerial Decisions SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE(S) OR RESOURCE(S).
Aerial Decisions does not claim ownership of Content you or parties other than Aerial Decisions submit or make available for inclusion on this website.
With respect to Content you submit or make available on this website, you grant Aerial Decisions the perpetual, irrevocable, sublicenseable, and free right to use, distribute, reproduce, and adapt your Content (in whole or in part), including without limitation, incorporating your Content into other works in any format or medium now known or later developed.
Any reproduction, publication, distribution or public exhibition of the materials provided on this website, in whole or in part, by you, not authorized by Aerial Decisions in writing, is strictly prohibited.
You acknowledge that Aerial Decisions may or may not pre-screen Content, but that Aerial Decisions and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via this website. Without limiting the foregoing, Aerial Decisions and its designees shall have the right to remove any Content that violates these Terms or, in Aerial Decisions’ sole opinion, is otherwise objectionable.
You understand that this website and software embodied within it may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Aerial Decisions and/or content providers who provide content to the Aerial Decisions. You shall not attempt to override or circumvent any of the usage rules embedded into, or otherwise within this website.
UNDER NO CIRCUMSTANCES WILL Aerial Decisions BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, WHETHER OR NOT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. CONTENT IS PROVIDED BY Aerial Decisions IS “AS IS” AND “AS AVAILABLE”.
YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH CONTENT.
12. Aerial Decisions DISCLOSURE OF CONTENT. You acknowledge, consent and agree that Aerial Decisions may access, preserve and disclose Your Data, and/or Content if required to do so by law or if Aerial Decisions has a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; (v) to provide the Aerial Decisions Services, (vi) to respond to complaints or inquiries to/from governmental entities and/or other third parties, and/or (vii) protect the rights, property or personal safety of Aerial Decisions, its users and/or the public.
13. YOUR CONTRIBUTIONS TO Aerial Decisions
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Aerial Decisions through its suggestion, feedback, and/or other webpages, and/or through other means, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Aerial Decisions is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Aerial Decisions shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Aerial Decisions may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Aerial Decisions without any obligation of Aerial Decisions to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Aerial Decisions for the Contributions, or otherwise, under any circumstances.
14. YOUR COMPLIANCE WITH LAW. You shall not intentionally or unintentionally violate any applicable local, state, national or international law, ordinance, order, and/or regulation;
15. YOUR CONDUCT. You agree to not use this website to:
a. upload, post, email, transmit or otherwise make available any Content that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm any person, including but not limited to minors, and any entity, in any way;
c. impersonate any person or entity, including, but not limited to, Aerial Decisions, another person or entity utilizing (or allegedly utilizing) Aerial Decisions Services, and/or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this website;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, contract, fiduciary relationships, and/or otherwise (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy or other proprietary rights of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;
j. interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of Aerial Decisions and/or the networks connected to this website;
k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or any other law or regulation;
l. "stalk" or otherwise harass another; and/or
m. collect or store personal data about other users of the website.
You will not create profile of users of this website, or market to users of this website.
You shall not: (i) use any automated means, including agents, robots, scripts, or spiders to access, monitor, scrape, or manage your account(s) or use with us, or to access, monitor, scrape or copy this website, or Aerial Decisions systems, or any data therein, (ii) bypass any robot exclusion headers on the this website (including using any device, software, or routine to accomplish that goal), (iii) interfere or attempt to interfere with the proper working of this website, and/or Aerial Decisions systems, and (iv) use or combine this website and/or Aerial Decisions systems with software which creates any obligation with respect to Aerial Decisions contrary to these Terms, or grant to any third party any rights to, or immunities in relation to Aerial Decisions ’s intellectual property or proprietary rights.
16. NO REUSE, COMMERCIAL OR OTHERWISE.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, including, without limitation, for marketing, data processing, or data evaluation purposes,
any portion or use of, or access to, this website, (including but not limited to Content, advertisements, software, web design, data and/or information received therefrom, and/or your Aerial Decisions ID). In addition, you shall not circumvent your or another person’s or entity’s use of this website by any means, including, but not limited to submitting (or having submitted) (i) your Content under an account or user ID other than your own, and/or (ii) another person’s Content under your account or your user ID. In addition, you shall not use this website to compete, directly or indirectly, against Aerial Decisions.
17. EXPORT AND IMPORT COMPLIANCE AND NOT FOR USE OUTSIDE OF THE UNITED STATES.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of this website, and the transfer and posting of data may be subject to the export and import laws of the United States and/or other countries. You agree to comply with all applicable export and import laws and regulations. Without limiting the foregoing, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, the United Kingdom’s HM Treasury’s Consolidated List of Sanctions Targets, or the European Union’s Consolidated List of Persons, Groups, and Entities Subject to the European Union’s Financial Sanctions. nor will you transfer software, technology, and other technical data via this website to parties identified on such lists; (b) agree not to use this website for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via this website any software, technology or other technical data in violation of U.S. or other applicable export or import laws. In addition, THE DATA OR INFORMATION YOU PROVIDE IN RELATION TO THIS WEBSITE SHALL ONLY BE FROM DATA CENTERS AND INTERNET PROTOCOL ADDRESSES LOCATED WITHIN THE UNITED STATES AND ITS TERRITORIES, AND SHALL ONLY BE FOR RESIDENTS LOCATED IN THE UNITED STATES.
18. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Aerial Decisions may establish general practices and limits concerning use of this website, including without limitation the maximum number of days that your information, email messages, message board postings or other uploaded Content will be retained by Aerial Decisions or this website, the maximum number of email messages or posts that may be sent from or received by an account or otherwise on this website, the maximum size of any email message or post that may be sent from or received by an account or otherwise on this website, the maximum disk / drive space, if any, that will be allotted on servers on your or anyone else’s behalf, and the maximum number of times (and the maximum duration for which) you or anyone may access this website in a given period of time. YOU AGREE THAT Aerial Decisions HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION, MESSAGES AND OTHER COMMUNICATIONS OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR TO Aerial Decisions AND/OR THIS WEBSITE. You acknowledge that Aerial Decisions reserves the right to log off accounts, or the equivalent of accounts, that are inactive. You further acknowledge that Aerial Decisions reserves the right to modify these general practices and limits at any time without notice.
19. TERMINATION
You agree that Aerial Decisions may, without prior notice, immediately terminate, limit your access to, or suspend your access to this website for any and/or no reason. Cause for such termination, limitation of access or suspension, shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement, other government agencies, or third parties, (c) discontinuance or material modification of this website, (or any part thereof), (d) unexpected technical or security issues or problems, (e) a period(s) of inactivity, and (f) engagement by you in fraudulent or illegal activities in the sole opinion of Aerial Decisions. Further, you agree that all terminations, limitations of access and suspensions shall be made in Aerial Decisions' sole discretion and that Aerial Decisions SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION, SUSPENSION, AND/OR LIMITATION OF ACCESS TO THIS WEBSITE.
20. Aerial Decisions PROPRIETARY RIGHTS.
You acknowledge and agree that this website and any software used in connection with this website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through or by this website or by advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized in a signed writing by Aerial Decisions or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, transfer, broadcast, publicly perform or create derivative works based on this website, Content that is not yours, and the Software, in whole or in part. Without limiting the foregoing, these Terms do not transfer from Aerial Decisions to you any Aerial Decisions developed, licensed, or owned property, including but not limited to technology, Software, and/or Content, and all rights, title, and interest, including, but not limited to copyrights, trademarks, service marks, patents or other proprietary rights, in the foregoing, and together with all derivative works, modifications, enhancements, and upgrades of the foregoing (but excluding your information and/or Content) are and will remain solely with Aerial Decisions or Aerial Decisions’ third-party providers, and are the sole property of Aerial Decisions or Aerial Decisions’ third party providers. You shall immediately notify Aerial Decisions in writing of any threatened or actual infringement of the foregoing. Any rights not expressly granted in these Terms are reserved by Aerial Decisions, and all implied licenses are disclaimed. You will not attempt to prohibit or enjoin Aerial Decisions at any time from utilizing any property of Aerial Decisions, and/or any skills or knowledge (including, but not limited to that of a general nature) that Aerial Decisions acquires during the course of providing this website. Aerial Decisions may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act or otherwise, and you expressly authorize Aerial Decisions to comply with any and all lawful notices, subpoenas, court orders, or warrants relating to the Digital Millennium Copyright Act or otherwise, without prior notice to you. You agree not to access this website by any means other than through the interface that is provided by Aerial Decisions. In addition, you shall use materials, information and/or data received through this website in a manner consistent with Aerial Decisions' and the applicable Aerial Decisions third party provider’s interests, and these Terms, and such third party data provider may use such data for any purpose consistent with applicable laws and these Terms.
21. TRADEMARKS.
You agree that all of Aerial Decisions’s trademarks, trade names, service marks, logos and other Aerial Decisions brand features, and product and service names of Aerial Decisions are trademarks and the property of Aerial Decisions (the "Aerial Decisions Marks"). Without Aerial Decisions' signed written prior permission in each instance, you agree not to display or use in any manner the Aerial Decisions Marks.
22. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSTTE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Aerial Decisions AND ITS SUBSIDIARIES, AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS, AND LICENSORS (i) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND (ii) ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, DELETION, ERRORS, MIS-DELIVERY, FAILURE, USE AND/OR MISUSE BY YOU OR ANYONE ELSE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO THE USE, MISUSE AND/OR STORAGE OF ANY (A) USER OR THIRD PARTY COMMUNICATIONS AND/OR INFORMATION, AND (b) SERVICES.
- Aerial Decisions AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS, AND LICENSORS MAKE NO WARRANTY THAT THIS WEBDITE, OR SOFTWARE, (I) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE INTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND YOU AGREE THAT THIS WEBSITE IS NOT THE SOURCE OF DATA, NOR IS THIS WEBSITE A COMPREHENSIVE COMPILATION OF DATA, AND THAT BEFORE RELYING ON ANY DATA, IT SHOULD BE INDEPENDENTLY VERIFIED BY YOU, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE AND/OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THIS WEBSITE AND/OR SOFTWARE WILL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Aerial Decisions AND/OR ITS SUBSIDIARIES AND AFFILIATES, AND/OR EACH OF IT AND/OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS, AND LICENSORS, AND/OR THROUGH OR FROM THIS WEBSITE), AND/OR SOFTWARE, SHALL CREATE ANY WARRANTY FROM SUCH PERSON OR ENTITY OR OTHERWISE.
23. INDEMNITY.
Unless prohibited by applicable law, you agree to indemnify and hold Aerial Decisions, its subsidiaries and affiliates, and each of it and their owners, directors, officers, agents, employees, partners, representatives. contractors, third-party providers, and licensors (collectively, the “Aerial Decisions Indemnitees”) harmless from any and all liabilities, claims, demands, costs, liabilities, expenses and taxes including, but not limited to reasonable attorneys' fees, relating to and/or arising out of (i) Content you submit, post, transmit, modify or otherwise make available through this website, (ii) your use of this website, (iii) information and/or data you provide to or receive through this website, (iv) your connection to this website, (v) any breach by you of these Terms, (vi) your obligations set forth in these Terms, (vii) your violation of applicable law in relation to these Terms, (viii) your violation of any rights and/or harm to any person and/or entity in relation to these Terms, and/or (ix) any act or omission by you (collectively, “Claim”). Aerial Decisions shall control the defense and settlement of any Claim. Without limiting the foregoing, you shall not approve any settlement or disposition of any Claim without the prior written consent of Aerial Decisions, which consent may be withheld for any or no reason.
24. LIMITATION OF LIABILITY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE OR SOFTWARE IS ACCESSED OR PROVIDED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND YOU HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOURSELF, OTHERS, YOUR COMPUTER SYSTEM, DEVICE (MOBILE OR OTHERWISE), INTERNET ACCESS, DOWNLOAD AND/OR DISPLAY DEVICE, AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR PROVISIONING OF ANY SUCH MATERIAL.
EXCEPT WHERE LIMITED BY APPLICABLE LAW, WITHOUT LIMITING ANY OTHER PROVSION OF THESE TERMS WHICH LIMITS Aerial Decisions’ LIABILITY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Aerial Decisions, ITS SUSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD PARTY PROVIDERS AND LICENSORS (i) SHALL NOT BE LIABLE TO YOU, OR ANYONE ELSE, FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Aerial Decisions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, MISUSE, DATA, OR OTHER INTANGIBLE LOSSES, (II) EXCEPT TO THE EXTENT PROBIBITED BY LAW, SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY NEGLIGENT ACT OR OMISSION, (III) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AND/OR RELATING TO THIS WEBSITE, AND (IV) WITHOUT LIMITING THE FOREGOING, SHALL ONLY BE LIABLE TO YOU FOR DIRECT DAMAGES ONLY FOR ITEMS NOT SET FORTH IN THIS SECTION, IN THE AMOUNT OF $100. YOU COVENANT AND PROMISE THAT IT WILL NOT SUE Aerial Decisions FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF YOU AND/OR THIRD PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH GREATER DAMAGES.
25. GENERAL
Entire Agreement/No Assignment. These Terms constitute the entire agreement between you and Aerial Decisions relating to the subject matter thereof, and supersedes any prior version of these Terms. These Terms may only be amended or terminated in a writing from Aerial Decisions. Any new, other, or different terms supplied by you, are specifically and expressly rejected by Aerial Decisions, and are null and void. You may not assign, sublicense, delegate and/or transfer any right or obligation pursuant to these Terms, and such assignment, sublicense, delegation and/or transfer is null and void. Without limiting the foregoing, you agree that your Aerial Decisions account is non-transferable by you, including but not limited to any rights to your Aerial Decisions ID or contents within your account. Aerial Decisions may assign, sublicense, delegate and/or transfer any right or obligation pursuant to these Terms any time to any person or entity, without notice to you.
Choice of Law / Forum / Non-consolidation / Statute of Limitations / Recovery of Costs. You and Aerial Decisions agree that these Terms and the rights and obligations therefrom shall be governed by the laws of the State of California, without regard to conflict of law principles and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms shall be brought exclusively in the courts of competent jurisdiction located within Los Angeles County, State of California. For purposes of these Terms, you and Aerial Decisions (i) agree to waive any and all objections to the exercise of jurisdiction over you and/or Aerial Decisions by the foregoing courts and to venue in such courts. EXCEPT IF PROHIBITED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION AGAINST Aerial Decisions WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED. In addition, you agree to pay all costs including attorney’s fees, collection costs and court costs we incur in enforcing these Terms, and/or any provision thereof, including, without limitation, through any appeal.
Waiver and Severability of Terms. The failure of Aerial Decisions to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Aerial Decisions nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Force majeure. Aerial Decisions shall not be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorism, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, pandemic and/or failure of the Internet, and/or telecommunications carrier.
No Third-Party Beneficiaries/Our Relationship.
You agree that there are and shall be no third-party beneficiaries to this agreement except as expressly provided in these Terms. These Terms shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between Aerial Decisions and you. Neither Aerial Decisions nor you shall have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided in these Terms.
Notice.
Aerial Decisions may provide you with notices, including those regarding changes to these Terms, including by, but not limited to, email, regular mail, SMS, MMS, text message, postings on this or other website, or other means now known or hereafter developed. You must ensure that your contact and account information with us is current and correct, and promptly notify us in writing of any changes to such information. Notices from Aerial Decisions may not be received if you violate these Terms. Your agreement to these Terms constitutes your agreement that you are deemed to have received any and all notices that have been delivered.
Survival. The definitions in these Terms, and the provisions of Sections 5 through 8, 10 through 13, and 16 through 25 of these Terms survive any termination or expiration, if any, of these Terms.
Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Copyright Or Intellectual Property Complaints
Aerial Decisions respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
• a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
• a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
• a description of where the material that you claim is infringing is located on this website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:
Copyright Agent:
Aerial Decisions, LLC
These Terms were last updated March 10, 2021.
