Terms of Service

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected]

Modifications to Terms of Service

We may modify these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. The information and materials contained in this Site, and these Terms, are subject to change without notice. We suggest that you check these Terms periodically for changes. If you don’t agree to be bound by the modified Terms then you may no longer use the Site.

Privacy Policy

We recognize that you have an interest in how we collect, retain and use information about you. Please visit our Privacy Policy for more information.

General Prohibitions

You further agree not to do any of the following:

• Access, tamper with, or use non-public areas of the Site, Airbase’s computer systems, or the technical delivery systems of Airbase’s providers;
• Attempt to probe, scan, or test the vulnerability of any Airbase system, network, this Site, or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Airbase or any of Airbase’s providers or any other third party (including another visitor) to protect the Site;
• Use any meta tags or other hidden text or metadata utilizing an Airbase trademark, logo, URL or product name without Airbase’s express written consent;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Please read this section carefully as it may affect your legal rights and your right to file a lawsuit in court, your right to a jury trial and your right to participate in a class action.

Unless otherwise agreed to by both parties in writing, you and Airbase agree that, in order to expedite and control the cost of any disputes, any legal or equitable claim arising out of or relating in any way to your use of the Site, or arising out of or relating to these Terms (“Claim”) will be resolved as follows:

• Informal Dispute Resolution. Except with respect to Claims listed in Section 7.6, below, you and Airbase agree to attempt to resolve any disputes informally before initiating any arbitration or other formal proceedings, and neither of us may start an arbitration or other formal proceeding for at least 30 days after you contact us or we contact you regarding any dispute (“Informal Negotiation Period”).
• Agreement to Arbitrate. If such dispute is not resolved within 30 days, you or Airbase may initiate a formal arbitration proceeding in accordance with the terms in this Section. Except with respect to Claims listed in Section 7.6 below, you and Airbase agree to resolve any Claims relating to or arising from the Site through final and binding arbitration in accordance with the terms in this Section.
• Arbitration Notice. If either you or Airbase chooses to start an arbitration proceeding, the party initiating the proceeding will send a notice of its Claim (“Arbitration Notice”) to the other party. You will send your Arbitration Notice by email to [email protected].
• Arbitration Procedures. Any arbitration proceedings between you and us will be conducted under the commercial rules then in effect for the American Arbitration Association (“AAA”), except with respect to the provision of this agreement which bars class actions and any specific rules and procedures explicitly discussed in this Section 7.4. The award rendered by the arbitrator(s) shall include costs of arbitration, reasonable costs of expert and other witness and reasonable attorneys’ fees. For claims less than $10,000, we will advance to you AAA’s filing fees; provided, however, that such fees must be repaid to Airbase if Airbase prevails in the arbitration. Please see this link for the AAA’s current rules and procedures or contact the AAA at 1-800-778-7879.
• Non-Appearance-Based Arbitration Option. Except with respect to the exceptions to arbitration below, for Claims where the total amount of the award sought in arbitration is less than $10,000, the party seeking the award may choose non-appearance-based arbitration. If non-appearance-based arbitration is elected, the arbitration will be conducted online, by telephone, and/or solely based on written submissions to the arbitrator. The specific manner shall be chosen by the party initiating arbitration. Non-appearance-based arbitration involves no personal appearances by parties or witnesses unless otherwise mutually agreed to by the parties.
• Exceptions to the Agreement to Arbitrate.
• Notwithstanding the foregoing, the Arbitration Notice requirement and the Informal Negotiation Period do not apply to either lawsuits solely for injunctive relief to stop unauthorized use of the Site or lawsuits concerning copyrights, trademarks, moral rights, patents, trade secrets, claims of piracy or unauthorized use of the Site.
• Opting Out of the Agreement to Arbitrate. You have the right to opt-out and not be bound by the binding agreement to arbitrate provided in these Terms by sending written notice of your decision to opt-out to [email protected]. In order for your opting out to be valid, your notice must be sent within 30 days of first using the Site.
• No Class Actions. Unless you and Airbase agree otherwise, you may only resolve disputes with us on an individual basis. Class actions, class arbitrations, private attorney general actions and consolidations with other Claims are not allowed. Neither you nor Airbase may not consolidate a Claim or Claims as a plaintiff or a class member in a class action, a consolidated action or a representative action.
• Consent to Jurisdiction. If the agreement to arbitrate provided for in these Terms is found not to apply to you or your Claim, or if you or Airbase challenges any arbitration award or seeks to have an arbitration award enforced, you and Airbase agree that any judicial proceeding will be brought in the federal or state courts located in San Francisco, CA. You and Airbase consent and agree to both venue and personal jurisdiction in the federal and state courts located in San Francisco, CA.
• Release from Third-Party Claims. Because Airbase is not party to any agreements between you and any third parties, in the event that you have a dispute with one or more other third parties, as applicable (each, an “Other Party”), you agree to address such dispute directly with the Other Party in question and you release Airbase (and our officers, directors, agents, investors, subsidiaries, and employees from any and all claims, demands, or damages (actual 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 such dispute.

Risk Notices

The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Disclaimer

To the maximum extent allowable by law and except as expressly provided in these terms, if applicable to you, the site is provided “As is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement and any warranties arising out of course of dealing or usage of trade. Airbase explicitly disclaims all liability for any act or omission of any third party. Except with respect to the limited warranty contained herein, we make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Site or services we provide.

Limitation of Liability

You expressly understand and agree that neither airbase nor its affiliates, officers, directors, employees, licensors or agents will be liable for any lost profits or any direct, indirect, incidental, special, consequential, compensatory, or punitive damages, including without limitation, damages for loss of goodwill, business interruption, use, data, or other intangible losses, even if airbase, its affiliates, officers, directors, employees, licensors or agents have been advised of the possibility of such damages, resulting from the use or inability to use this site or any other matter relating to this site. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such jurisdictions, this limitation of liability shall apply to the fullest extent permitted by the law of such jurisdiction.

In no event will airbase’s total liability arising out of or in connection with these terms or from the use this site exceed ten dollars ($10). The limitations of damages set forth above are fundamental elements of the basis of the bargain between airbase and you.

Any cause of action related to the Terms must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is barred permanently.

Indemnity

You will indemnify, defend and hold harmless Airbase and its officers, directors, employees and agents, from and against, and covenant not to sue them for any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms. Airbase reserves the right to control and conduct the defense of any matter subject to indemnification under these Terms. If Airbase decides to control or conduct any such defense, you agree to cooperate with Airbase’s requests in assisting Airbase’s defense of such matters.

General Terms

Integration. These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between Airbase and you regarding your use of the Site, and supersede and replace any and all prior oral or written understandings or agreements between Airbase and you regarding your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Airbase’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Airbase may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Governing Law. The Terms and the relationship between you and Airbase shall be governed by the laws of the State of California.

Notices. Any notices or other communications provided by Airbase under these Terms, including those regarding modifications to these Terms, will be given by Airbase: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver and Severability. Airbase’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbase. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any of these Terms is unenforceable, it will not affect the enforceability of the rest of the Terms.

Contact Information

If you have any questions about these Terms please contact us at [email protected].