Terms of Service

This AIR-A Network Viewer Terms of Service Agreement (“Agreement”) is between you and AIR-A Network, LLC. (for the purposes hereof, “AIR-A,” “we” or “us”). The Agreement governs your use of the “AIR-A Network,” an online platform that allows consumers like you to view video programs (“Programs”)

1. Acceptance

By creating an account, viewing videos, making a purchase, downloading applications that we power, or otherwise visiting or using the AIR-A Network, you accept this Agreement and consent to contract with us electronically. If you are an entity other than a natural person, the person who registers the account or otherwise uses the AIR-A Network must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use the AIR-A Network, you accept any revised Agreement. You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If AIR-A deletes your account for breach, you may not re-register.

In the event of any termination or expiration of the Agreement, the following sections will survive: Section 6 (Disclaimers), Section 7 (Limitation of Liability), Section 8 (Indemnification), Section 9 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 10 (General Provisions).

2. Accounts Registration

You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from AIR-A at this email address. You must keep your email address valid and current so that we are able to contact you.

Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the AIR-A Network.

Parents and Guardians: By granting your child permission to use the AIR-A Network through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

3. Privacy

By creating an account, you acknowledge that certain account activities, such as the viewing and purchase of Programs, and your contact information, may be accessible to third parties involved in content distribution. AIR-A is not responsible for any third party’s use or disclosure of your data. Please refer to the applicable third party’s Privacy Policy for more information about how your data is handled when you interact with their websites and applications.

4. Program Viewing and Purchase Options

Programs may be offered through various websites and applications with the following purchase options:

• ‍Rental: After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.‍
• Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered, you may download the Program.‍
• Subscription: For a recurring fee, you may stream the Programs offered within a subscription channel an unlimited number of times during your subscription period. Programs may be added or removed from the channel at any time.

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

5. Licenses and Intellectual Property

License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes:

• Programs that you have rented during the stated rental period;
• Programs that you have purchased; and
• Programs made available within a channel that you have subscribed to during your subscription period.

Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program.

AIR-A Network: Subject to the terms hereof, AIR-A grants you permission to use the AIR-A Network for the sole purpose of viewing Programs for your personal entertainment.

6. Acceptable Use Policy

Code of Conduct In using the AIR-A Network, you may not:

• Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
• Act in a deceptive manner or impersonate any person or organization;
• Harass or stalk any person;
• Harm or exploit minors;
• Distribute “spam” in any form or use misleading metadata;
• Collect personal information about others without their authorization;
• Access another’s account except as permitted herein;
• Use or export any of our services in violation of any U.S. law;
• Act in a manner that would subject AIR-A to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
• Engage in any unlawful activity; or
• Cause or encourage others to do any of the above.

Prohibited Technical Measures You will not:

• Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the AIR-A Network; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
• Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the AIR-A Network or any output thereof without our permission;
• Submit any malicious program, script, or code;
• Submit an unreasonable number of requests to our servers; or
• Take any other actions to manipulate, interfere with, or damage the AIR-A Network.

Restricted Users You may not use the AIR-A Network if you:

• are a terror or hate group or a member thereof;
• have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or
• are subject to sanctions by a non-U.S. government such that your use of the AIR-A Network would violate applicable law.

You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.

7. Disclaimers

YOUR USE OF THE AIR-A NETWORK AND ANY PROGRAM IS AT YOUR OWN RISK. AIR-A PROVIDES THE AIR-A NETWORK ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Without limiting the above, AIR-A makes no representations or warranties concerning:

• The availability of the AIR-A Network in a particular jurisdiction.
• The availability of the AIR-A Network for any particular device, operating system, or browser.
• The continued support for a particular feature of the AIR-A Network.
• The viewing quality of any Program. AIR-A does not guarantee that you will be able to use the AIR-A Network at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
• The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not AIR-A.
• The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.
• Any Producer’s actions or omissions with respect to your personal information.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIR-A, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, VALUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND ANOTHER AIR-A USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO AIR-A OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM. The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not AIR-A has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

9. Indemnification

You shall indemnify, defend, and hold harmless AIR-A and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Program; (ii) your breach of this Agreement or violation of any law or third-party right; or (iii) any content that you upload or submit to us.

10. Arbitration Agreement; Jury Waiver; Class Action Waiver

This Section 10 sets forth a binding arbitration agreement between you and AIR-A (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:

• To arbitrate all claims relating to the AIR-A Network;
• To waive your right to a trial by jury; and
• To waive any right to proceed on a class basis in arbitration or otherwise.

10.1 Arbitration Agreement

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the AIR-A Network shall be BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures.

10.2 Overview

Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and AIR-A are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons, including, for example, the arbitrator’s abuse of discretion.

10.3 Location of Hearing

If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in New York County, New York State, United States of America.

10.4 Class-Action Waiver

EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

10.5 Exception for Small Claims Court Matters Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.

10.6 Jurisdiction and Venue

The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 11 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.

10.7 Binding Arbitration with Producers

To the extent that the Producer has agreed to resolve disputes with consumers through arbitration in its agreements with AIR-A, you agree that any dispute with a Producer arising out of or relating to your purchase or viewing of a Producer’s Program or subscription channel shall be resolved by BINDING ARBITRATION administered by JAMS in accordance with this Section 10.

11. General Provisions Choice of Law:

Any disputes relating to this Agreement or your use of the AIR-A Network will be governed by the laws of Florida and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Choice of Venue for Litigation; Jury Trial Waiver: Any proceeding to enforce the Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Sarasota County, Florida or Hillsborough County, Florida. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both AIR-A and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

No Waiver: The failure of AIR-A to exercise or enforce any term of this Agreement will not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.

No Third Parties: No third parties shall have any rights under this Agreement, and indemnified parties may enforce indemnification rights.

Force Majeure: AIR-A shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.

Entire Agreement: This Agreement incorporates by reference the AIR-A Privacy Policy. Except for links to these documents, links to pages on the AIR-A website or any third party materials are for convenience only and do not form part of this Agreement. This Agreement sets forth the entire understanding between you and AIR-A concerning your use of the AIR-A Network and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the AIR-A website and will apply prospectively. The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.

Contact Us: If you have any support questions, please contact us at support@airasports.com.

You must send any notices of a legal nature to us at:

2260 Ringling Blvd
407
Sarasota, Florida 34237

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