Version 1.0 of February 29, 2016
These terms govern your use of our website or services such as our System of Digital Certificates (defined below), any applications thereto, and any related documentation (collectively “Services”). By using the Services, you agree to these terms. If you have entered into another agreement with us concerning the purchase of certain goods or services, then the terms of that agreement controls where it conflicts with these terms.
1. How this Agreement Works.
1.1 Choice of Law. If you reside in North America, your relationship is with Baltek Inc., a United States company, and the Services are governed by the law of the State of Delaware, U.S.A. If you reside outside of North America, your relationship is with Airex Ltd., and the Services are governed by the laws of Sins (AG), Switzerland.
You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law.
You may only use the Services if you are allowed by law and entitled by your company to enter into a binding contract.
The Services are accessible worldwide but this does not mean all Services or service features are available in your country. It is your responsibility to make sure your use of the Services is legal where you use them. Services are available in a limited number of languages only.
1.5 Additional Terms.
Some Services are also subject to the additional terms below (the “Additional Terms
”). If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service.
We may modify, update, or discontinue the Services at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change.
2. Use of Service.
Subject to your compliance with these terms and the law, you may access and use the Services.
2.2 Airex Intellectual Property.
We (and our licensors) remain the sole owner of all right, title, and interest in the Services. We reserve all rights not granted under these terms.
2.3 Digital Certificates.
“Digital Certificates” means Airex-provided files or information provided to you on our system of digital certificates. You may use, display, reproduce, and distribute any of the Digital Certificates. However, you may not distribute the Digital Certificates in a misleading way, to any of our competitors. You must not claim any trademark rights in the Digital Certificates but use the files unchanged including in particular the copyright or ownership notice thereon.
3. Account Information.
You are responsible for all activity that occurs via your account. Please notify us immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information (except with your authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
4. User Conduct.
4.1 Responsible Use.
You must use the Services and the Service platform responsibly.
You must not misuse the Services, Service platform or content that we provide to you as part of the Services. For example, you must not:
(a) enable or allow others to use your account information;
(b) circumvent any access or use restrictions put into place to prevent certain uses or misuses of the Services;
(c) share Services or information in way that violates anyone’s Intellectual Property Right (“Intellectual Property Rights
” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
(d) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
(e) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) attempt to disable, impair, or destroy the Services or the Service platform;
(g) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
(h) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
(i) use any data mining or similar data gathering and extraction methods in connection with the Services; or
(j) violate applicable law.
5. Fees and Payment.
Fees and Payment.
We render the Services free of any charge. However you must pay any fees owed under the Additional Terms including any applicable taxes to be eligible to use the Services as per these terms and conditions.
6. Disclaimers of Warranties.
6.1 Unless stated in the Additional Terms, the Services are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or that (d) any errors in the Services will be corrected.
6.2 We specifically disclaim any liability for any actions resulting from your use of any Services beyond our liability based on the Additional Terms. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service.
7. Limitation of Liability.
7.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
7.2 Our total liability in any matter arising out of or related to these terms is limited to US $1.00. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
7.3 The limitations and exclusions in this Section 7 apply to the maximum extent permitted by law.
8. Your Indemnification Obligations.
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of the Services in violation of these terms.
9.1 Termination by You.
You may stop using the Services at any time.
9.2 Termination by Us.
We may stop making the Services available at any time.
Furthermore we may exclude you from your use of the Services at any time if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
(c) we elect to discontinue the Services, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or
(d) there has been an extended period of inactivity in your account.
Upon expiration or termination of these terms, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the services offered on the Service Platform may cease to operate without prior notice.
11. Dispute Resolution.
For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or us must resolve any claims relating to these terms, the Services through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
The London Court of International Arbitration (LCIA) will administer the arbitration in London under the LCIA Arbitration Rules. There will be one arbitrator that you and Airex both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.
11.3 No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
11.4 Injunctive Relief.
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms or additional terms on this page. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised terms.
13.1 English Version.
The English version of these terms will be the version used when interpreting or construing these terms.
13.2 Notice to us.
You may send the notices to us to at the following address: Airex Ltd., Industrie Nord, 5634 Sins, Switzerland, Attention: General Counsel.
13.3 Notice to You.
We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
13.4 Entire Agreement.
These terms constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements between you and us relating to the Services.
You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
13.7 No Waiver.
Our failure to enforce or exercise any of these terms is not a waiver of that section.