These Terms and Conditions of Use (Terms) apply to the AIR CARE LIMITED Web site located at www.aircare.bm, and all associated AIR CARE LIMITED Web sites linked to www.aircare.bm by AIR CARE LIMITED, its subsidiaries and affiliates (collectively, the Site).
Ownership of Site:
The Site is the property of AIR CARE LIMITED (AIR CARE LIMITED) and its licensors.
AIR CARE LIMITED reserves the right, at its sole discretion, to 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, AIR CARE LIMITED grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The Site contains user, audio and visual interfaces, text, graphics, photographs, trade marks, images, logos, sounds, music, artwork and computer code (collectively, Content). It includes but is not limited to the design, structure, selection, coordination, creative expression, look and feel and arrangement of all or any part of the Content. The Site is controlled by AIR CARE LIMITED. The Content is either owned by or licensed to AIR CARE LIMITED and is protected by intellectual property, unfair competition and other laws including but not limited to trade dress, copyright, patent and trade mark laws.
Reservation of Rights:
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 (including mirroring) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without AIR CARE LIMITED‘s express prior written consent.
Limited Use License:
You may use information on AIR CARE LIMITED products and services purposely made available by AIR CARE LIMITED for downloading from the Site, provided that you do not remove or change any proprietary notice language in any and all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any Web site, networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.
Picture Database License:
AIR CARE LIMITED purposely makes available certain pictures and photographs for your use (Pictures). AIR CARE LIMITED grants you a limited license to use the Pictures as you wish for any lawful purpose including downloading from the Site, provided that you do not remove or change any proprietary notice language in any and all copies of the Pictures whether downloaded directly from the Site or copied to others by you or by others to you; make no modifications to any such information; do not make any additional representations or warranties relating to the Pictures; include these terms and conditions of use to anyone to whom you give a copy of the Pictures; do not sell or otherwise barter the Pictures; use only the Pictures found; do not use the Pictures in any unlawful way or for any unlawful purpose or otherwise use the Pictures in such manner as to be disrespectful of AIR CARE LIMITED, cause embarrassment to AIR CARE LIMITED, to cause distress to anyone or otherwise be in poor taste.
You may not use any deep-link, page-scrape, robot, spider or other 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.
AIR CARE LIMITED reserves the right to bar any such activity. 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 AIR CARE LIMITEDserver, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. 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 AIR CARE LIMITED, including any AIR CARE LIMITED 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 AIR CARE LIMITED‘s systems or networks, or any systems or networks connected to the Site or to AIR CARE LIMITED. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to AIR CARE LIMITED 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.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of AIR CARE LIMITED or others.
Other Terms and Conditions:
Additional terms and conditions (Additional Terms) may apply to products or services and to specific areas or features of the Site, including without limitation contests and promotions, all of which Additional Terms are made a part of these Terms by this reference.
You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the Additional Terms posted for or applicable to any specific area of the Site or for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that area of the Site or the specific product or service.
AIR CARE LIMITED‘s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
AIR CARE LIMITED may make changes to any products or services offered on the Site, or to the applicable prices (if any) for any such products or services, at any time, without notice. Any of the Additional Terms may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up anAIR CARE LIMITED ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notifyAIR CARE LIMITED immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by AIR CARE LIMITED or any other user of or visitor to the Site due to someone else using your AIR CARE LIMITED ID, password or account. You may not use anyone else’sAIR CARE LIMITED ID, password or account at any time without the express permission and consent of the holder of that AIR CARE LIMITED ID, password or account. AIR CARE LIMITED cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the AIR CARE LIMITED Site
This Site may contain links to other independent third-party Web sites (Linked Sites). These Linked Sites are provided to users of the Site for convenience purposes only. Linked Sites are not under AIR CARE LIMITED‘s control. AIR CARE LIMITED is not responsible for and does not endorse the content of such Linked Sites.
AIR CARE LIMITED 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. AIR CARE LIMITED CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AIR CARE LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AIR CARE LIMITED 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 AIR CARE LIMITED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AIR CARE LIMITED FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
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.
AIR CARE LIMITED reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to 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 where prohibited by law, in no event will AIR CARE LIMITED be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if AIR CARE LIMITED has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, AIR CARE LIMITED is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, AIR CARE LIMITED‘s liability shall in no event exceed the greater of the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against AIR CARE LIMITED.
You agree to indemnify and hold AIR CARE LIMITED, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys fees on a full indemnity basis), made against AIR CARE LIMITED by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms
AIR CARE LIMITED may disclose any information we have 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) AIR CARE LIMITED‘s rights or property, or the rights or property of visitors to or users of the Site, including AIR CARE LIMITED‘s customers.
AIR CARE LIMITED reserves the right at all times to disclose any information that AIR CARE LIMITED deems necessary to comply with any applicable law, regulation, legal process or governmental request. AIR CARE LIMITED also may disclose your information when AIR CARE LIMITED 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 AIR CARE LIMITED may preserve any transmittal or communication by you with AIR CARE LIMITED 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 AIR CARE LIMITED determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of AIR CARE LIMITED, its employees, users of or visitors to the Site, and the public.
You agree that AIR CARE LIMITED 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 we determine that you have violated these Terms or other agreements or guidelines which 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 AIR CARE LIMITED, for which monetary damages would be inadequate, and you consent to AIR CARE LIMITED obtaining any injunctive or equitable relief that AIR CARE LIMITED deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies AIR CARE LIMITED may have at law or in equity.
You agree that AIR CARE LIMITED may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the Site or any service offered on or through the Site, or unexpected technical issues or problems.
If AIR CARE LIMITED does take any legal action against you as a result of your violation of these Terms, AIR CARE LIMITED will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees on a full indemnity basis and costs of such action, in addition to any other relief granted to AIR CARE LIMITED. You agree that AIR CARE LIMITED 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; Dispute Resolution
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 Bermuda without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in Bermuda and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys fees. In the event of any controversy or dispute between AIR CARE LIMITED and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
AIR CARE LIMITED administers and operates the www.aircare.bm Web site and reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person. Any offer for any feature, product or service made on the Site is void where prohibited.
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 shall 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 shall remain in full force and effect.
These Terms constitute the entire agreement between you and AIR CARE LIMITED with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and AIR CARE LIMITED with respect to such use are hereby superseded and cancelled. AIR CARE LIMITED will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. AIR CARE LIMITED‘s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by AIR CARE LIMITED of any provision or any right it has to enforce these Terms, nor shall any course of conduct between AIR CARE LIMITEDand you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
Use of AIR CARE LIMITED trade marks may be prohibited, unless expressly authorized.
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
A database right is a property right in a database in which there has been a substantial investment in obtaining, verifying or presenting the contents of that database. Database rights are recognized in many countries of the world by statutory database right laws. You infringe a database right if, without consent of the owner, you extract or re-utilise all or a substantial part (which includes the systematic extraction or re-utilisation of insubstantial parts) of the contents of the database. To obtain permission to use AIR CARE LIMITED database right materials, please refer to Rights and Permissions below.
Rights and Permissions
If you have any questions concerning the use or licensing of AIR CARE LIMITED copyright or database right materials, please submit your detailed request in writing.
Third Party Companies and Products
Mention of third-party services and products, companies and Web sites on the Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. AIR CARE LIMITED assumes no responsibility with regard to the selection, performance or use of these services or products. AIR CARE LIMITED provides this only as a convenience to our users. AIR CARE LIMITED makes no representations regarding the quality, safety, or suitability of any product or services found there.
AIR CARE LIMITED welcomes your feedback regarding AIR CARE LIMITED‘s business. AIR CARE LIMITED provides an easy means of sending us your feedback. To do so, please send it to us using the e-mail address email@example.com. Any feedback you provide to us shall be deemed to be non-confidential. AIR CARE LIMITED shall be free to use such information on an unrestricted basis.
If you have any questions concerning the usage or licensing of AIR CARE LIMITED, AIR CARE LIMITED trade marks, copyrighted materials, please contact us at firstname.lastname@example.org
The information contained in this Site is subject to change without notice.