Welcome to Airshare
Welcome to Airshare and a new experience in gifting! Airshare strives to help people be better gifters, bring people closer to each other, and to help strengthen local merchants and communities. This happens when you gift and redeem Airshare gifts with the local Merchants you love! The primary goal of the Agreement is to support an exceptional Airshare experience and a safe environment for all.
This Agreement becomes a legally binding contract and is effective as of the earliest date you do any of the following (the “Effective Date”):
Enroll in an Airshare account either via enrolling at www.airshare.com or downloading the mobile App from the Apple App Store; Accept this agreement via the enrollment process; or Begin using the Airshare website, the Airshare service, or any applications (including mobile applications) made available by Airshare (together, the "Service"), however accessed including but not limited to browsing the Airshare Marketplace, purchasing and sending an Airshare, or viewing or redeeming an Airshare gift sent to you for use at a qualified Airshare Merchant.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND AIRSHARE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Airshare enables electronic gifting for its Users to give and receive an Airshare gift via our mobile or web application. An Airshare gift is usable only at participating Merchants, for personal, family or household use, and cannot be resold. Airshare is not a money transmitter, or a money service business (“MSB”) or a provider or seller of a prepaid program.
Each Airshare gift:
- Does not expire
- Is non-reloadable
- Clearly discloses the fee before purchase, if a fee is required
1. To be eligible to use the Airshare Service, you must be a resident of the United States and be at least 13 years old and create an account with a cellular/wireless telephone number that you own. You may also initiate account registration by connecting with your Facebook® account, however, we will still need additional information to create your account. To register, create and use an account, Company may require that you submit certain Personal Information, including but not limited to your name, email address, text-enabled cellular/wireless telephone number, street address or zip code, date of birth, and social security number to Company. During the registration process, or when you access the Airshare Service from a phone, your phone's device ID is also stored. You agree that the Personal Information you provide to Company upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this Personal Information with us as necessary.
2. Consent to use Electronic Communications. Airshare is provided solely online/web/mobile app based. All documents, communications, notices, contracts, agreements, and amendments made using the Service shall be governed by the Uniform Electronic Transactions Act (Cal. Civil Code Section 1633.1 et. seq.) By using the Service, including our site and services, you agree to receive electronically all documents, communications, notices, contracts, agreements, and amendments arising from or relating in any way to your or our rights, obligations or services electronically, either through our site or via electronic mail to your last confirmed email address. The decision to do business with us electronically is yours. By agreeing to electronic communications, You confirm having access to necessary hardware and software equipment to receive, open, print, and download copies of communications. You should print a copy of this Agreement for your own records.
3. You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes. You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to GIACT Systems, LLC with your wireless operator account profile information for the duration of the business relationship.
4. To purchase an Airshare gift, you may be asked to provide your credit card information, and billing address. An authorization will be placed on your card for the total price of the Airshare gift to ensure that you have sufficient funds available to cover the transaction. Pending a review of the transaction, your card will be charged the authorized amount. You authorize us to resubmit any charge that fails, is charged back or otherwise reversed. Airshare never sees, and does not store this information and works with a PCI compliant payment gateway to ensure the integrity of your credit card information. If your credit or debit card account number changes or your card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.
5. We may, at our discretion, impose limits on the value of the Airshare gift you can send or receive through the Airshare Service. Each user is limited to gift a maximum of $250 per week. Airshare will also monitor the value of Airshare gifts received by users. If we have authenticated your identity, we may increase your limits. These limits may change from time to time in Company’s sole discretion and will not exceed $1,000. You may not gift an Airshare gift to yourself.
6. When you send an Airshare gift, delivery is not guaranteed. After a reasonable time please confirm with the recipient that they have received the Airshare gift. Additionally, the recipient is not required to accept the Airshare gift. You agree that you will not hold Company liable for any damages resulting from a recipient's decision not to accept an Airshare gift made through the Airshare Service.
7. If an Airshare gift recipient is not an Airshare user and does not register, set up an email address, mobile number or satisfy other necessary registration requirements to accept the Airshare gift within 30 days, the transaction will be canceled, and your purchase amount will be refunded to the original funding source.
8. Airshare gift investigation is a process by which Company reviews certain potentially high-risk transactions subject to our own discretion. If an Airshare gift is subject to investigation, Company will place a hold on the Airshare gift and may provide notice to the recipient. Company will conduct a review and either clear or cancel the Airshare gift. If the Airshare gift is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the Airshare gift and the funds will be returned to the original funding source. Company will provide notice to you by email.
9. When you receive an Airshare gift, you are liable to Company for the full amount of the Airshare gift plus any fees if the funding source of the Airshare gift giver for that Airshare gift is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the Airshare gift, plus applicable fees if there is a reversal of the payment. If a sender of an Airshare gift later disputes the Airshare gift or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not Company, will determine whether the dispute is valid and to whom payment is due. You agree to allow Company to recover any amounts due to Company by debiting your credit or debit card. If you have not yet associated a debit or credit card to your account, you agree to reimburse Company through other means. If Company is unable to recover the funds from one of these sources, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law. Company, in its sole discretion, may place a hold on an Airshare gift you receive when Company believes there may be a high level of risk associated with the Airshare gift.
10. If you have received an Airshare gift, Company will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, Company will combine your funds with the funds of other Users and place those pooled accounts in one or more bank accounts in Company's name. Upon the redemption of the Airshare gift with the selected Merchant(s) those funds, less any Airshare fees, are transferred to the Merchant(s).
11. Company is not a bank or other chartered depository institution. Funds held by Company or its service providers (including any bank service providers) in connection with the processing of Airshare gifts are not deposit obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling a pre-paid card marketed as a gift card and not for other benefit.
12. You agree that you will not receive interest or other earnings on the funds that Company handles and places in pooled accounts. In consideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds associated with received Airshare gifts.
13. In the event of an error, you give Company permission, subject to Company's compliance with applicable law, to make appropriate corrections by debiting or crediting your primary or alternate funding sources as applicable. If your Sent Airshare history shows Airshare gifts you did not send, reach us via the Contact Us section of our web site, or send us an email at email@example.com
When you notify us, provide us with all the following information:
- Your name, and the email address and phone number registered to your account
- A description of any suspected Unauthorized Transaction or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction, and
- The dollar amount of any suspected Unauthorized Transaction or Other Error.
During our investigation, we may request additional information from you.
To be eligible for protection for Unauthorized Transactions sent from your account, you must notify us within 30 days after any Unauthorized Transaction or Other Error first appears in your account statement. If you do not tell us within 30 days after the account statement was made available to you, you may not get back any money you lost after the 30 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Once you notify us of any suspected Unauthorized Transaction or Other Error, or we otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Other Error that is eligible for protection.
We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transaction or Other Error. If your account is new (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 days to complete our investigation (or up to 90 days for new accounts).
We will inform you of our decision within 3 Business Days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination.
If we decide that there was not an Unauthorized Transaction or Other Error, we will include an explanation of our decision in our email or other communications to you. You may request copies of the documents that we used in our investigation.
14. Subject to the terms of this Agreement, you may use your received Airshare gift(s) to pay for goods or services offered by Merchants that have been authorized by Company to accept Airshare gift redemptions as a payment option. While you are responsible for the amount of any Authorized Airshare Merchant Payment, Company will not charge you any fees for using your Airshare gift to complete an authorized payment, regardless of how the payment was funded. If the value of your Airshare gift is not sufficient to cover the entire required payment amount to the Airshare Merchant you will use another source of funding (cash, credit card, etc.) to settle the balance with the Merchant.
15. If the value of your Airshare gift is greater than the bill provided by the Airshare Merchant, you will change the Airshare redemption amount to equal the value of the bill (to include any tips or gratuities if you like). It is not the responsibility of the Airshare Merchant to provide cash back to you to settle the difference between the total value of the Airshare gift, and the amount owed to the Airshare Merchant.
16. Once an Airshare redemption has occurred and Approved, Airshare has no responsibility for returns or refunds of goods or services purchased from the Airshare Merchant. The Airshare Merchant may provide a return or refund to you according to their return policy. As Airshare will pay or have paid the Airshare Merchant in full for the value of the Approved Airshare any return or refund conversations and outcomes are between you and the Airshare Merchant.
Airshare allows Gifters, Giftees and Airshare Merchants to send or post user generated content including, photos, videos, votes, direct messages, and more. The golden rule is a time-tested guideline for posting and sending this content. For added clarity, please read these policies for acceptable use of Airshare.
1. Your Best Self. The raison d'etre for Airshare is to help people connect in new ways, to make gift giving fun, personal and meaningful, to help strengthen communities through gifts utilizing local merchants, and to help us all be better at giving, and receiving. In other words, to share your best self with others. It is with this spirit that we ask you to use Airshare.
2. Appropriate Content: Expressive and friendly content is encouraged. Airshare provides a new opportunity to build bridges and connections. Threats, harassment, lewdness, depictions of drug use, suggestive acts, disparagement, hate speech, and other displays of bigotry can’t be tolerated in text, photos, videos, user name or user profile. Users or businesses engaging in such have missed a tremendous opportunity and will have their accounts removed.
3. Merchant Content: Only authorized administrators of the Merchant account are permitted to update merchant content. Please make sure your photos, videos and Merchant description are relevant and appropriate to users. Don't use this opportunity to attack your competitors, Airshare or make political statements. Please use this space to make your business shine in order to wow and woo existing and prospective customers!
4. Photos and Videos: Airshare Merchant photos and videos should showcase relevant attributes of your business and be original content or licensed for your use. User photos and videos should showcase your best self and meet Appropriate Content standards. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you send via the Service.
5. Intellectual Property: You are a creative and intelligent being. Tap into your creativity and ensure the content you send is your own, or licensed for your use.
6. Restricted Activities: You may not use Airshare for any transaction that:
- Violates any law or government regulation, or promotes or facilitates such by third parties;
- Is fraudulent, deceptive, unfair or predatory;
- Involves any of the prohibited items identified in the Airshare Marketplace policy;
- Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.
7. Account Security: You agree to
- Not allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Airshare will not be liable to you for losses or damages;
- Keep your personal details up to date. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us; and
- Take all reasonable steps to protect the security of the personal electronic device through which you access the Airshare application. Including, without limitation, using PIN and/or password protected personally configured device functionality to access the Airshare application and not sharing your device with other people.
Actions by Airshare
If we believe that you may have engaged in any violation of this Acceptable Use Policy, or that your account has been compromised, it is unfortunate. If so, we will take action(s) we deem appropriate to protect the Airshare community, mitigate risk to Airshare and any impacted third parties, and to ensure compliance with this Acceptable Use Policy. If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity. Such actions may include, without limitation:
- Preventing the redemption, settlement or completion of one or more Airshare gifts;
- Suspending, restricting or terminating your account, access to and use of Airshare;
- Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Airshare Service, including without limitation by deactivating your username and password, and to refuse future access to the Airshare Service by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors.
- Reporting to credit bureaus, agencies and anti-fraud services of fraudulent activity;
- Taking legal action against you;
- Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.
Conditions of Use
1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Airshare account by sending an email to firstname.lastname@example.org requesting that we de-activate your account, and delete the Airshare app or links from your personal devices. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your Airshare transaction history, wish list, and all other data will no longer be accessible through your account but those materials and data may persist and appear within the Service (e.g., if you have given Airshare gifts to others).
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. We reserve the right to force forfeiture of any username for any reason.
7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Airshare is not responsible or liable for the conduct of any user. Airshare reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense, your best self, and your best judgment when interacting with others, including when you send or post Content or any personal or other information.
8. There may be links from the Service, or from communications you receive from the Service, to third-party Merchants, web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Airshare does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Airshare is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
9. You agree that you are responsible for all Internet or mobile data charges you incur through use of the Service.
10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Airshare's express consent).
2. Some of the Service is supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
5. The Service contains content owned or licensed by Airshare ("Airshare Content"). Airshare Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Airshare, Airshare owns and retains all rights in the Airshare Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Airshare Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Airshare Content.
6. The Airshare name is a trademark of Airshare, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Airshare. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Airshare, and may not be copied, imitated or used, in whole or in part, without prior written permission from Airshare.
7. Although it is Airshare's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Airshare reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Airshare, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Airshare encourages you to maintain your own backup of your Content. In other words, Airshare is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Airshare will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
10. It is Airshare's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are like those we have developed or are developing independently. Accordingly, Airshare does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Airshare is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Third Party Agreements
You acknowledge and agree that this Agreement is between you and Company, not with any third party. This includes, but is not limited to device operating system providers such as Apple®, Google®, or Microsoft®, your device manufacturer such as Apple, Samsung®, Lenovo, Dell, etc., or any mobile carrier such as AT&T® or Verizon®. The Company is solely responsible for the Airshare Service. Your use of the Airshare Service may be subject to separate agreements you may enter into with these or other parties involved in providing your device service. You agree to comply with all applicable third-party terms of agreement when using the Airshare Service. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.
Disclaimer of Warranties
THE AIRSHARE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. AIRSHARE DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, TO YOU AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AIRSHARE OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF AIRSHARE’S OBLIGATIONS. THE PARTIES ACKNOWLEDGE THAT THE SERVICE IS A COMPUTER NETWORK BASED SERVICH WHICH MAY BE SUBJECT OT OUTAGES AND DELAY OCCURRENCES. AS SUCH, THE AIRSHARE PARTIES (INCUDING, BUT NOT LIMITED TO AIRSHARE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS – COLLECTIVELY “AIRSHARE PARTIES”) DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE AIRSHARE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU FURTHER ACKNOWLEDGE THAT ACCESS TO THE AIRSHARE SERVICE OR ANY AIRSHARE WEBSITE MAY BE RESTRICTED FOR MAINTENANCE OR DUE TO OUTAGE. AIRSHARE WILL MAKE REASONALBE EFFORTS TO ENSURE THE TRANSACTIONS ARE PROCESSED IN A TIMELY MANNER; HOWEVER, AIRSHARE WILL NOT BE LIABLE FOR ANY INTERRUPTION, OUTAGE OR FAILURE TO PROVIDE THE SERVICE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE AIRSHARE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE AIRSHARE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE AIRSHARE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AIRSHARE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AIRSHARE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE AIRSHARE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AIRSHARE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF AIRSHARE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE AIRSHARE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE AIRSHARE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
AIRSHARE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND AIRSHARE HAVE AGAINST EACH OTHER ARE RESOLVED.
- A. Governing Law - You and Airshare agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between the parties, except as otherwise stated in this Agreement.
- B. Agreement to Arbitrate - You and Airshare agree that any and all disputes or claims that have arisen or may arise between you and Airshare shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
THE PARTIES ALSO AGREE THAT YOU AND AIRSHARE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AIRSHARE AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER AIRSHARE MERCHANTS.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this Section is invalid or unenforceable, the other parts of this Section and all other provisions shall still apply.
The arbitration shall be held in Santa Barbara County. Airshare may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Airshare subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant.
The arbitrator(s) will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Airshare customers, but is/are bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. The arbitration award shall be final and binding and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Airshare must be filed within six months after such claim arose; otherwise, your claim is permanently barred.