To use the Airya site and service you must abide by these terms and conditions.
Airya is a facilitator of sales. We are not a retailer or re-seller. Airya helps with facilitating the sale and providing other services.
Buying & Selling
We have safeguards in place, but Airya is not liable for seller actions. We will do our best to prevent fraud and help you resolve problems that do arise.
We keep your private information private. We do not steal or sell such information. Buyers and sellers have more information available about each other.
This site allows the creation of listings, comments and other content for all the world to see. We are not liable for what our users post, but we will use our best efforts to moderate it. We also reserve the right to take down any listings that do not meet our listing standards and product condition requirements.
(Last updated April 16, 2019)
Airya and/or its affiliates provide website features and other products and services to you when you visit or shop at https://Airya.co, use Airya products or services, use Airya applications for mobile, or use software provided by Airya in connection with any of the foregoing (collectively, ÒAirya ServicesÓ). Airya provides the Airya Services subject to the following terms and conditions.
By using the Airya Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of Airya Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
A. The Site Is a Venue
You agree that the Site is a venue. As such, Airya is not responsible or liable for any content (e.g., data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) posted by you, other users, or outside parties on the Site. You use the Site and any other Airya Services at your own risk.
The Site is a venue to allow users who comply with Airya's policies to offer, sell and buy certain electronic goods within a fixed-price format. Airya is not directly involved in the transaction between buyers and sellers. As a result, Airya has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Airya does not pre-screen users or the content or information provided by users. Airya cannot ensure that a buyer or seller will actually complete a transaction. Airya holds no right, title, or interest in any products or items listed on the Site and does not transfer legal ownership of items from the seller to the buyer.
Airya does not verify and cannot guarantee the true identity, age, and nationality of a user. Airya encourages each user to communicate directly with potential transaction partners through the tools available on the Site.
B. Membership Eligibility
a. Airya Services are available only to, and may only be used by, individuals who are 18 years or older who can form legally binding contracts under applicable law. By using the Site or any Airya Services, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Airya may, in its sole discretion, refuse to offer access to or use of the Site or any Airya Services to any person or entity. Moreover, Airya may change its user eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
b. Individuals under the age of 18 must at all times use the Site or any other Airya Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
You agree to abide by Airya's policies as stated in this Agreement and the Airya policy documents listed below (if applicable to your activities on or use of the Site), as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Airya, each of which is incorporated herein by reference and each of which may be updated by Airya from time to time without notice to you.
1. Compliance with Local Laws. You agree to comply with all local laws regarding online conduct and acceptable content.
2. Compliance with Tax Laws. You are responsible for all applicable taxes.
D. Password. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Airya of any unauthorized use of your password or any breach of security. You also agree that Airya cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information to any other party other than Airya without Airya's express written permission.
E. Account Information. You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on the Site, you must provide and maintain valid payment information such as a valid PayPal account.
F. Account Transfer. You may not transfer or sell your Airya account and User ID to any other party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
G. Right to Refuse Service. Airya may refuse service to or for any user, for any reason, at any time. Airya reserves the right, in Airya's sole discretion, to temporarily or indefinitely suspended users of the Site or other Airya Services. Airya reserves the right, in Airya's sole discretion, to cancel unconfirmed or inactive accounts.
I. Fees Policy
Joining and creating a listing on the Site is free. Airya may charge fees for listing an item for sale, as well as a fee for the sale price when the item sells. When you list an item, you have an opportunity to review and accept the fees that you will be charged, which is subject to change at any time without notice to you, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Airya's services are effective upon being published on the Site. However, Airya may choose to temporarily change the Fees Policy and the fees for Airya's services for promotional events (e.g., free listing days). Such changes are effective when Airya posts the temporary promotional event on the Site. Airya may, at Airya's sole discretion, change some or all of Airya's services at any time. In the event Airya introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using the Site or any other Airya Services.
J. Marketplace Operation
1. Product Listings. By listing an item on the Site, you warrant that you and all aspects of the item comply with Airya's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. You are responsible for ensuring accuracy of all product listings, including but not limited to, pricing, model numbers, descriptions, images, available quantities, and item condition. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing. You are responsible for setting the listing price of each item to include shipping costs in accordance with Airya's Sale Fulfillment policies. Airya may add a fee to any listing price for selling services.
Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Airya may reject and remove from the Site any text descriptions, graphics, pictures and other content posted by any user of the Site or other Airya Services at its discretion.
2. Rejection or Removal of Listings. Airya may, in its sole discretion and determination, reject or remove product listings without notice to the Seller.
4. Return Policies. All sellers are urged to outline return policies for their listing. Sellers must create reasonable policies in good faith and must abide by such policies. All return policies must comply with Airya's site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Airya reserves the right to request that a seller modify a listing return policy.
5. Binding Sale. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner. A sale may be voided under circumstances defined in Airya's Market Policies relating to Sale Voidance.
6. Transaction Payments. Marketplace payments are to be made directly by the Buyer to the Seller via PayPal or another third-party payment provider as mutually agreed upon by the Buyer and Seller. Seller is solely responsible for ensuring proper payment is received from Buyer, including any necessary taxes and shipping expenses, before fulfilling the sale. Airya shall not be liable for any consequential, incidental, special, punitive or indirect damages incurred by Buyer or Seller for insufficient payments or Seller's failure to ensure that proper payment was received from Buyer.
7. Buyer and Seller Communication. Seller is responsible for providing support for any sale-related issues beyond functionality of the Site or the Airya Marketplace. As a condition of using the Site and the Airya Marketplace, Sellers agree to use his/her/its best efforts to offer support and assistance in the resolution of Buyers' concerns and disputes.
Communication between Buyer and Seller shall be conducted as outlined in Airya's Market Policies relating to Buyer and Seller Communication.
8. Sale Fulfillment. The Seller is obligated to fulfill the order or otherwise complete the transaction with the Buyer in a prompt manner in accordance with Airya's Market Policies relating to Sale Fulfillment.
K. Third-Party Sites and Information.
The Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While Airya makes every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand and agree that Airya is not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor is Airya responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by Airya, or any warranty of any kind, either express or implied.
L. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on the Site and/or conduct or activities relating to or regarding any Airya Services. You are also solely responsible for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.
M. Restricted Activities.
Your Content and your use of the Site or any other Airya Services shall not:
1. Be false, inaccurate or misleading;
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also Airya's Copyright and Intellectual Property Policy);
4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (ÒCPSCÓ) as hazardous to consumers and therefore subject to a recall;
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Airya staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
7. Be obscene or contain child pornography;
8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
9. Host images not part of a listing;
10. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Airya;
11. Appear to create liability for Airya or cause Airya to lose (in whole or in part) the services of Airya's ISPs or other suppliers;
2. Airya's Grant of License in Favor of User. Subject to your compliance with the Terms and Conditions, this Agreement, and your payment of any applicable fees, Airya or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of any Airya Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Airya Service or its contents; any downloading or copying of account information for the benefit of another user, seller, buyer or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Airya or its licensors, suppliers, publishers, rightsholders, or other content providers. No Airya Service, nor any part of any Airya Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Airya. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Airya without express written consent. You may not use any meta tags or any other "hidden text" utilizing Airya's name or trademarks without the express written consent of Airya. You may not misuse the Site or any Airya Services. You may use the Site and any other Airya Services only as permitted by law. The licenses granted by Airya terminate if you do not comply with this Agreement.
3. Re-Posting Content. By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to indemnify, defend, and hold Airya harmless for any dispute concerning this use. If you choose to display your own Airya-hosted image on another website, the image must provide a link back to its listing page on Airya.
4. Idea Submissions. Airya considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Airya shall not be liable for the disclosure or use of such Material. If, at Airya's request, any member sends Material to improve the site (for example through the Forums or to customer support), Airya will also consider that Material to be non-confidential and non-proprietary, and Airya will not be liable for use or disclosure of the Material. Any communication by you to Airya is subject to this Agreement. You agree to grant, and hereby do grant, to Airya, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
O. Information Control
1. No Control of Content by Airya. Airya does not control the Content provided by users that is made available on Airya. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using the Site or any Airya Service, you assume all risk.
2. International Transactions. There may be risks dealing with international trade and foreign nationals. By using the Site or any Airya Service, you agree to accept such risks and you expressly agree that Airya (and Airya's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using the Site.
3. Other Resources. Airya is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Airya does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Airya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
P. Resolution of Disputes and Release
Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Airya agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. Disputes with Users or Third Parties. In the event a dispute arises between you and another user or a third party, Airya has no obligation to resolve or to attempt to resolve such dispute. You release Airya and its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and another user or a third party. Airya encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Airya may, for the benefit of users, try to help users resolve disputes. However, Airya does so in its sole discretion, and Airya has no obligation to resolve disputes between users or between users and outside parties. To the extent Airya attempts to resolve a dispute, Airya will do so in good faith based solely on Airya's policies. Airya will not make judgments regarding legal issues or claims.
Q. Airya's Intellectual Property
Airya, and other Airya graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Airya, ITL Innovations Inc in the U.S. and/or other countries. Airya's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
R. Access and Interference
1. Take any action that imposes, or may impose, in Airya's sole discretion, an unreasonable or disproportionately large load on Airya's infrastructure;
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
4. Bypass Airya's robot exclusion headers or other measures Airya may use to prevent or restrict access to the Site
Without limiting any other remedies, Airya may, without notice, and without refunding any fees, delay or immediately remove Content, warn Airya's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
2. Airya is unable to verify or authenticate any of your personal information or Content; or
3. Airya believes that a user is acting inconsistently with the letter or spirit of Airya's policies, has engaged in improper or fraudulent activity on the Site or in connection with Airya or the actions may cause legal liability or financial loss to Airya's users or to Airya.
U. DISCLAIMER OF WARRANTIES
Airya, Airya'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Airya'S SUPPLIERS PROVIDE THE SITE AND Airya SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Airya, Airya'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Airya'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SITE, Airya SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THROUGH Airya SERVICES ARE PROVIDED BY Airya ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Airya MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY Airya SERVICES, THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHER Airya SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR Airya SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Airya DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Airya DOES NOT WARRANT THAT THE SITE OR Airya SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, Airya'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Airya ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Airya WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Airya SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
FURTHER, Airya SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OFFERINGS OR CONTENT ON THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH A THIRD PARTY THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Airya SHALL CREATE ANY WARRANTY.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE CONSULT THE LAW IN YOUR JURISDICTION.
V. LIMITATION OF LIABILITY
IN NO EVENT SHALL Airya AND/OR (AS APPLICABLE) Airya'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Airya'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Airya SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Airya'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Airya'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Airya IN THE 12 MONTHS PRIOR TO THE ACTION OR EVENT GIVING RISE TO LIABILITY, AND (B) $100. 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Airya AND (AS APPLICABLE) Airya'S PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OR MISUSE OF THE SITE OR ANY Airya SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. Airya RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH Airya IN ASSERTING ANY AVAILABLE DEFENSES.
X. No Guarantee
Airya does not guarantee continuous, uninterrupted access to the Site. Operation of the Site may be interfered with by numerous factors outside Airya's control. You understand and agree that temporary interruptions of the site may occur as normal events that are out of Airya's control. You also understand and agree that Airya has no control over the third-party networks or service(s) that Airya may use to provide the Site and/or Airya Services to you. You agree that the Site and any Airya Services are provided ÒAS ISÓ and that Airya assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Y. Legal Compliance; Taxes
Your use of the Site and any Airya Service is subject to all applicable laws and regulations. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Airya Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Airya's net income).
2. Compliance With Law Enforcement and Other Investigative Agencies. Airya does not routinely inspect or disclose any information or communications received from users. However, Airya makes every effort to comply with law enforcement officials or other investigative agencies to prevent crime and/or the sale of stolen goods or products on the Site. Airya reserves the right to inspect or disclose to any third party and for any reason whatsoever any information provided by you to Airya, including but not limited to, compliance with the Electronic Communications Privacy Act, 18 U.S.C. ¤ 2510, et seq. or as otherwise required by law or by court or governmental order.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
AA. No Agency
You and Airya are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
BB. Modification or Termination of Airya Services
CC. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Missouri, excluding its conflicts of laws rules, and the United States of America.
1. Notice to Airya. Except as explicitly stated otherwise, any notices shall be given by postal mail to Airya, ITL Innovations Inc; Attn: Legal Department; 421 8TH AVENUE #7516
NEW YORK, NEW YORK, 10116. Notice shall be deemed given upon receipt by Airya.
2. Notice to User(s). Except as explicitly stated otherwise, any notices shall be given by Airya to you at the email address you provide to Airya either during the registration process or when your email address changes. Notice shall be deemed given 24 hours after the email is sent. Alternatively, Airya may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Airya. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Airya, ITL Innovations Inc, 421 8TH Avenue #7516
New Yourk, New York, 10116.
FF. Entire Agreement
This Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral representations, discussions, proposals, understandings, Terms of Service, and the like respecting the subject matter hereof.