Please read the following carefully as it governs your use of the Web pages hosted by AirMason.com and/or its various affiliates and partners that are owned or managed by AirMason.com (collectively referred to as "AirMason", “we” or the "Site"). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use the AirMason Sites.
These Terms of Use apply to any User who accesses the Site. A "User" is an end user who registers on our Site to create a Document, download or print any information, whether published by AirMason or created by the User, or makes use of any of the Site’s services and associated tools. A User also includes anyone who uses any of our products or tools without registering on our Site, e.g., to participate in a free trial, or consume any content on the Site. These Terms of Use apply to all content and services made available through the Site, including those not available as of the "Effective Date” above.
Fulfill your order Send you an order confirmation Assess the needs of your business to determine suitable products Respond to customer service requests Send you a newsletter Send you marketing communications Respond to your questions and concerns Improve our Web site and marketing efforts Conduct research and analysis Electronic and Web Browsing Information We Gather As is true of most Web sites, we automatically gather information about your computer such as your IP address, Browser type, Browser settings, navigation through our site(s), referring/exit pages, and operating system. This information does not include Personal Information. We may use third party tools and analytical services to gather and analyze this information.
AirMason grants you a non-exclusive, non-transferable, revocable license (a) to access (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of AirMason ) and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for personal, non-commercial purposes; (c) to share your results with friends, relatives and trusted advisors for the purpose of assisting you with your personal matters or educating them about the availability of AirMason ; (d) to print out discrete information from the Site solely for personal, non-commercial purposes so long as you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Your license for access and use of the Site and any information, materials or Documents therein (collectively defined as "Content and Materials") are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom without AirMason 's express written permission; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
1. In order to provide a welcoming and productive community on our Site and to improve the safety and security of our Site, we require that you adhere to the following rules:
(a) Do not give your user name or password to others. You are responsible for maintaining the confidentiality of your user name and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify AirMason immediately of any unauthorized use of your registration and password.
(b) Do not respond to postings by other AirMason users in any manner or for any purpose other than that which is expected.
(c) Do not present AirMason Content or Materials (or permit Content and Materials to be presented) so that it appears to be available from a third party Web site.
(d) Do not delete or revise any material posted by any other person or entity.
(e) Do not violate or attempt to violate the security of the Site.
(f) Do not access data not intended for your use.
(g) Do not log into a server or account which you are not authorized to use.
(h) Do not use the Site to advertise or offer to sell or buy any goods or services.
(i) Do not use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party's intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.
(j) Do not attempt to probe, scan or test the vulnerability of a system or network or to Breach security or authentication measures without proper authorization.
(k) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing".
(l) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
(m) Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to individuals, entities or AirMason Users.
(n) Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(o) Do not attempt to or actually access the Site by any means other than through the interfaces provided by the Site or by navigating to http://www.AirMason.com using a web Browser. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including AirMason.
(p) Do not use manual or automated software, devices, script robots, other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in or on the Site.
(q) Do not utilize or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive, in AirMason's sole discretion, with the Site.
(r) Report inappropriate postings or conduct to AirMason.
2. Your violation of any of these Rules may result in civil or criminal liability. AirMason will investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If AirMason determines you misled AirMason or violated these rules or the Terms of Use, we reserve the right to terminate this Agreement and your use of the Site. AirMason is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.
1. In connection with certain services available on the Site, such as the Form or Document product(s), you may elect to upload and distribute documents or other materials to the Site ("Documents"). Your submission of information to the Site, including the uploading of Documents is also governed by AirMason's Privacy Policy, the terms of which are fully incorporated by reference herein. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. In order to maintain the integrity of our Site and promote a positive experience for all users, you must adhere to the following rules:
(a) Your Documents may not contain: (i) confidential or private information belonging to others including material non-public information about an individual, company or entity which you do not have the right to transmit or publish or hold in your possession, for whatever reason; (ii) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (iii) white text keywords (including any words embedded in the Document and hidden from the User); (iv) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; (v) anything that is embarrassing or offensive to another person or entity; (vi) anything that would give rise to criminal or civil liability, (vii) anything that encourages conduct that constitutes a criminal offense; (viii) anything that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; (ix) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive or may, or is intended, to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or (x) any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
(b) You may not use your Documents to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business; (iv) post chain letters or pyramid schemes; (v) post opinions or notices, commercial or otherwise; or (vi) restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
(c) Document Documents must (i) contain the accurate Document of a living individual who also is the User; (ii) not contain anything indicating that others should email for more details. Documents may not charge a fee or restrict complete access to all Document information.
(d) Where applicable, all Documents must be updated regularly to ensure that they are true, accurate, and complete.
(e) If you have an idea or information that you want to remain confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any portion of the AirMason Site or to any other site through the AirMason Site. AirMason IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OR THROUGH OUR SITE.
2. AirMason has no obligation to review Documents posted on the Site, but it may elect to do so. Documents found to violate these Terms of Use may be removed at AirMason's discretion and may result in AirMason terminating your use of the Site or our services.
3. Special Terms Related To Profiles and Documents: Please note that, as part of the services offered on our Site, AirMason allows the creation of an electronic profile and email address for individuals who register for the Site (our Users) and for whom a Document is stored to the Site ("Profiles"). These profiles may include enhanced features such as graphics, images, text, data posted messages etc. AirMason will not screen or review any of the User posted/uploaded materials to determine suitability for employment nor will it consider any of the individuals for employment with AirMason. AirMason is not an agent for any individual submitting his or her Document or other materials through the Site or any company that may view an individual's Document or materials through the Site. Nothing herein creates an employer-employee, agency or other relationship between AirMason and such individual. AirMason has no responsibility for, control over or liability related to recruiting, hiring or any other decisions related to employment with respect to the Documents on or individuals using the Site. The Site acts as, among other things, a venue for Users to create and edit Documents and for others to view such Documents when the User grants permission. AirMason does not review, screen, edit or monitor the Documents posted on our Site or make any judgments about or selections of Documents or individuals. AirMason is not involved in the actual transaction between a potential counterparty and any Users through the Site and has no control over the Documents or the quality, truth, accuracy, reliability, completeness or timeliness of such materials. AirMason makes no representations or warranties about any material Users post on our Site.
4. Special Notice about the AirMasons status and/or relationship with User: We are not licensed attorneys or a law firm, nor do we claim to be. By using this Site, you acknowledge that AirMason and its affiliates are not providing you with legal advice or acting as your attorney, and you assume full responsibility for any outcomes or costs associated with your use of this Site. AirMason does not claim that forms and Documents are complete and suitable for use in all situations and jurisdictions. You should seek your own legal counsel before relying on any AirMason Document for any contract, agreement or transaction which can reasonable be construed to be too complex for the types of Documents available on the Site. You hereby acknowledge that AirMason is not a party to any agreement that you enter into as a result of the use of any Document that you create, use or download from the Site. Use of the Site and any Document does not constitute an attorney-client relationship, joint venture or partnership between AirMason and any User or third party.
1. While many of the services offered on the Site are provided free of charge, some of our Services require payment. In order to use our services that have fees associated with them, you must select a payment method and provide accurate billing and payment information when prompted. You agree to pay AirMason for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize AirMason to charge your designated payment method for such charges. If AirMason, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by AirMason or its operators. Every time you use the Site, you reaffirm that (i) AirMason (or its designated vendor acting as its billing agent) is authorized to charge your designated payment method; (ii) AirMason may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
2. Please note that AirMason uses a domestic or an international third-party payment service, the latter of which may result in international transactions fees billed to your credit card, (collectively, the "Payment Service"), to collect payments for all fees. At the time of purchase, you will provide AirMason your payment information and we will pass that along to the Payment Service. Please note that any international transaction fees that you may incur are charged by your bank and not by AirMason. All questions concerning such fees should be directed towards your bank. Any information you provide us in connection with payment that we provide to the Payment Service will be subject to the Payment Service's user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that AirMason is not, and will not be, responsible or liable for the Payment Service's services, its site or any acts or omissions of the Payment Service. Price and availability of any product or service offered through the Site are subject to change without notice. Refunds and exchanges will be subject to AirMason's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, any taxes that may be applicable.
We want you to be 100% satisfied with our products and services. If you are less than satisfied or feel there has been an error in billing, please contact us immediately so that we can help you resolve the issue. If you are still not satisfied you may request a refund for up to 7 days after signing up for any service offered on the Site, inclusive of any free trial period. After 7days you may cancel any subscription or access to the Site, but you will not be entitled to a refund.
1. Various third parties offer or provide materials through the pages on our Site. You also may obtain access to other sites on the Internet through the pages on our Site. By providing this service, AirMason is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that AirMason shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties' links and/or ads on the Site and AirMason expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof.
2. We and/or third-parties may make available through the Site services (for example, message boards, chat functionality and comment features on blogs, among other things) to which you are able to post information and materials (each, a "Forum"). PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT.
1. No Representations or Warranties by AirMason. AirMason makes no representations or warranties with respect to these pages, their Content and Materials (including, without limitation, material communicated by third parties) or communications from Customer Service representatives, all of which are provided on an "as is" and "as available" basis. AirMason disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. AirMason makes no representations or warranties that the services provided by these pages or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, AirMason is not responsible for those costs. AirMason also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by Users or third parties, is accurate, complete, current, reliable or truthful. AirMason assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, experience, recruiting, hiring or otherwise. No advice or information obtained by any User from AirMason or its personnel shall create any warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information posted by Users or on any other form of communication with Users will be at your own risk. AirMason acts as, among other things, a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User posted material or information, although it reserves the right to do so.
3. No Guaranty of Results. AirMason makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting objectives of Users. AirMason does not guarantee that Documents created, checked or reviewed using the Site, Documents written by AirMason or materials posted by Users will result in an agreement, contract or successful application, for whatever reason made, made by any User or third party.
4. User Representations and Warranties. You hereby represent and warrant that you (i) will not use the Content and Materials for commercial purposes and will not aggregate, redistribute or otherwise transmit the Content and Materials to any other individual or entity; and (ii) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AIRMASON AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY AIRMASON, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF AIRMASON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
AIRMASON RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE,
TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT
NOTICE. YOU AGREE THAT AIRMASON SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE.
THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY
LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN
AIRMASON'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES
SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL
AIRMASON (ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY
DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $50.00 OR FIVE TIMES THE
AMOUNT OF YOUR MOST RECENT MONTHLY PAYMENT (IN THE EVENT YOU ARE A PAYING
SUBSCRIBER), WHICHEVER IS LESS. IF ANY PART OF THE EXCLUSIONS OF DAMAGES
OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER
APPLICABLE LAW, AIRMASON'S AGGREGATE LIABILITY RELATED THERETO WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS
ITS ESSENTIAL PURPOSE.
BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, AIRMASON CANNOT AND DOES NOT CONFIRM EACH USER'S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE AIRMASON (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
1. The Site and all right, title and interest in and to the Site is the sole property of AirMason and/or its Affiliates (including parent company) or its licensors, and is protected by U.S. copyright and international treaties. AirMason reserves for itself and its licensors all other right, title and interest. "AirMason " and the AirMason design logo are registered service or trademarks and certain other names or logos are service marks or trademarks of AirMason. All related products and service names, design marks and slogans are also the service marks or trademarks of AirMason. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by AirMason's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. You agree that the Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that content, including any tests and/or reports, contained in advertisements or information presented to you through the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by AirMason or its advertisers (as applicable), you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. AirMason also reserves the right to use its work, including, without limitations, any Documents written by AirMason, in instructional or promotional material subject to the Privacy Policy.
2. For the avoidance of doubt, each User retains ownership of any materials you, the User, submits through the Site (each, a "Submission"). However, in order to make your Submissions available on the Site and to best provide you with services tailored to such Submissions, AirMason needs certain rights to your Submissions. As such, by submitting materials to our Site, including Documents, you grant to AirMason and its designees a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation or further notice to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, and the contents of such Submission, in any media now known or hereafter developed, for AirMason's business, marketing and promotional purposes and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the Document materials you submit, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such Document (for example, if you limit availability of your Document, AirMason will use commercially reasonable efforts to ensure that the availability of your Document complies with the settings you selected). By way of further explanation, AirMason would not be able to perform many of the services we offer without your granting AirMason these rights. For example, without the right to "adapt," we would be unable to make the necessary changes to the Submissions so that the Submissions meet our technical criteria; without the right to reproduce, we would be unable to make copies of Submissions on our servers to post the Submissions. As noted, this license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions) and sublicenseable through multiple tiers (so that we can use our subcontractors to provide Services).
3. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section and that such Submission and your provision thereof to and through the Site comply with all applicable laws, rules and regulations. You acknowledge that you are solely responsible for verifying any and all information contained in any Submission, including, without limitation, confirming your own data, terms or language, and that AirMason is not responsible for correcting any information provided to any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. 4. Claims of Copyright Infringement. If you have a good faith belief that materials available on the Site infringe your copyright, send AirMason a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, send AirMason a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by federal law (see http://www.copyright.gov/ for details). See below "Information or Complaints" for where to send notices or counter-notices.
AirMason makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local laws.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. As precursor to arbitrating any dispute, you must first contact AirMason by email at [email protected], so that we can work to resolve the dispute. Similarly, we must first contact you at the most recent email address that we have on file for you before Bringing a dispute to arbitration. In the event that we cannot resolve a dispute within sixty (60) days of notification by either party or if AirMason is unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with AirMason, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in San Francisco, CA. The arbitrator's decision shall be based upon the substantive laws of the State of California without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, AirMason may seek injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of California and waive any jurisdictional, venue or inconvenient forum objections to such courts.
1. Entire Agreement. These Terms of Use constitute the entire agreement between you and AirMason and govern your use of the Site, superseding any prior agreements between you and AirMason with respect to the Site. You also may be subject to additional terms and conditions, e.g., our Privacy Policy, as set forth on our Site or when you use or purchase certain other AirMason services, affiliate services or third-party content or third-party services.
2. User Remedies. You acknowledge that, except as expressly provided elsewhere in this Agreement, your only right with respect to any dissatisfaction with any modification or discontinuation of service made by AirMason or any policies or practices in providing this Site or our products, including without limitation any change in content or any change in the amount or type of fees or charges associated with our products, is to cancel your subscription or user account, as applicable. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the AirMason 's services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of AirMason 's services or any content or other material used or displayed through AirMason's Sites.
3. Choice of Law and Forum. The Terms of Use and the relationship between you and AirMason shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and AirMason agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.
4. Indemnity. You agree to defend, indemnify, and hold harmless AirMason (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, Documents posted by you on the Site or distributed by you through the Site or your Breach of this Agreement. AirMason shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
5. Waiver and Severability of Terms. The failure of AirMason to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
6. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7.Amendment. AirMason reserves the right to update or amend these Terms of Use at any time without notice by posting Updated Terms of Use to this web page, so you should visit this page often.
8. Term and Termination. This Agreement is effective until terminated. AirMason, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and user name, and all related information and files associated with it may happen without prior notice. AirMason shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any termination. Sections 6-14 shall survive such termination.
9. Filtering. Please note that parental control protections (such as computer hardware, software or filtering services) are commercially available that may help you to limit access to material that is harmful to minors. Information on these types of parental controls is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). AirMason does not endorse any of the products or services listed at these sites.
10. Notice. For purposes of service messages and notices about the services to you, notice shall consist of an email from AirMason to the email address associated with your account, regardless of any other information we may have. AirMason also may, at its option, communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your account or services associated with AirMason. AirMason shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability your failure to receive important information about our services.
11. Customer Service. As part of the services AirMason offers, we may make live customer service agents available to our Users to discuss transactional or other issues telephonically or through electronic or written communications. Customer Service Representatives are not permitted and do not have authority to bind the company or to contravene these Terms of Use. In addition, AirMason expressly disclaims any liability for information provided by its customer service representatives to the extent the information is beyond or inconsistent with information set forth herein.
12. Section Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
13. Privacy Information. AirMason recognizes the importance of protecting the information that we collect from customers during the process of using the AirMason site. For further information, please review our complete Privacy Policy which is fully incorporated by reference into these Terms of Use. If you have questions about any of the provisions described above, please contact us at [email protected].
These AI Companion (the “AI Companion”) Additional Terms of Service (the “AI Terms”) govern access to and use of the artificial intelligence-assisted drafting and editing features made available by AirMason Inc. (“AirMason”) within the AirMason platform. These AI Terms supplement the services agreement, order form, online terms, data processing addendum, and other written agreement governing Customer's use of the AirMason platform (collectively, the “Governing Agreement”). Capitalized terms not defined in these AI Terms have the meanings given in the Governing Agreement.
1.1 AI-assisted functionality. The AI Companion uses generative artificial intelligence to help authorized users revise tone, rewrite language, summarize, expand, and draft employee-handbook policies and related content. The AI Companion is a drafting tool only. It does not independently approve, adopt, distribute, or publish a policy on Customer's behalf.
1.2 Third-party models. AirMason may use third-party artificial intelligence models and infrastructure to provide the AI Companion, including models currently supplied by Anthropic. AirMason may replace, modify, or supplement any model or provider in its discretion, provided that AirMason will continue to process Customer Content in accordance with the Governing Agreement and applicable privacy commitments.
1.3 Model variability. The AI Companion may produce different responses to the same or similar instructions. AirMason does not promise that any particular model, model version, feature, style, response, or level of performance will remain available.
1.4 AI Companion Actions. An “AI Companion Action” means each request initiated by an Authorized User that causes the AI Companion to generate, rewrite, revise, expand, summarize, regenerate, or otherwise produce suggested content within the AirMason editor. Each separate request or regeneration counts as a separate AI Companion Action, regardless of whether Customer accepts, applies, saves, or publishes the resulting Output. A request that is blocked before processing or fails solely because of an AirMason system error will not count as an AI Companion Action.
2.1 Artificial intelligence disclosure. The user understands that the AI Companion is an automated artificial intelligence system and not a human, lawyer, human resources professional, or representative of AirMason.
2.2 No legal advice. The AI Companion and its outputs do not constitute legal advice, a legal opinion, or a representation that any policy is legally required, sufficient, enforceable, or compliant. Use of the AI Companion does not create an attorney-client relationship, fiduciary relationship, or other professional relationship with AirMason, Anthropic, or any other provider.
2.3 Separate from compliance services. Unless expressly stated in an Order Form, use of the AI Companion does not constitute a legal review, handbook audit, Automated Policy Update, compliance-monitoring service, or attorney review. The AI Companion may not identify changes in law, local requirements, industry-specific obligations, collective bargaining requirements, or Customer-specific risks.
3.1 Inputs and context. When a user invokes the AI Companion, AirMason may process and transmit to its AI service providers the user's instructions, selected policy text, and limited contextual content from the open handbook or editor that AirMason reasonably determines is useful to generate a response (collectively, “Inputs”). The response generated through the AI Companion is the “Output.” Inputs and Outputs are “Customer Content” under these AI Terms.
3.2 Processing authorization. Customer grants AirMason and its subprocessors a non-exclusive, worldwide, royalty-free license during the Term to host, copy, transmit, process, display, and technically transform Customer Content only as reasonably necessary to provide, secure, maintain, troubleshoot, and support the AI Companion, enforce these AI Terms, and comply with applicable law.
3.3 Customer authority. Customer represents and warrants that it has all rights, permissions, notices, and lawful bases necessary for AirMason and its subprocessors to process Customer Content as described in these AI Terms and the Governing Agreement.
3.4 Sensitive information. Customer must not submit information that is not reasonably necessary for policy drafting, including Social Security numbers, government identifiers, financial account credentials, passwords, authentication tokens, medical or accommodation records, employee complaints or investigation materials, biometric information, precise location information, information about minors, or legally privileged communications. Customer is responsible for removing or de-identifying personal information before submitting content to the AI Companion.
3.5 Training and retention. AirMason will not use Customer Content to train generalized artificial intelligence models unless Customer separately and expressly agrees. Third-party providers may process and retain Customer Content for limited service delivery, security, abuse prevention, legal compliance, and other purposes permitted by AirMason's agreements with those providers and the applicable Data Processing Addendum. Customer Content may also be stored by AirMason as part of Customer's handbook, version history, account records, audit records, or support history.
3.6 Privacy documentation. AirMason's processing of personal information through the AI Companion is governed by the Governing Agreement, applicable Data Processing Addendum, and AirMason Privacy Notice. If these AI Terms conflict with an executed Data Processing Addendum regarding the processing of personal information, the Data Processing Addendum controls.
4.1 Human review. Customer must ensure that every Output is meaningfully reviewed by a qualified human with appropriate human resources, legal, compliance, or subject-matter expertise before the Output is accepted, adopted, distributed, relied upon, or published. Customer may not represent that an Output has been reviewed or approved by AirMason or legal counsel unless that review was separately purchased and actually performed.
4.2 Customer decisions. Customer is solely responsible for deciding whether and how to use, revise, reject, save, distribute, or publish any Output and for all policies, handbooks, notices, practices, communications, and employment actions resulting from that use.
4.3 Verification. Before using an Output, Customer must independently verify its accuracy, completeness, legal applicability, citations, defined terms, internal cross-references, dates, thresholds, jurisdictional coverage, and consistency with Customer's actual practices, benefit plans, agreements, and other policies.
4.4 No reliance on prior outputs. Model behavior, available information, and applicable law may change. Customer must not assume that a prior Output remains accurate, current, or appropriate for later use.
5.1 Known limitations. Outputs may be inaccurate, incomplete, outdated, inconsistent, misleading, biased, offensive, duplicative, or unsuitable. Outputs may omit important qualifications or invent facts, authorities, citations, requirements, or sources. The AI Companion is not a substitute for professional judgment or independent research.
5.2 No guarantee of compliance. AirMason does not warrant that an Output will comply with any law, regulation, collective bargaining agreement, benefit plan, contract, accessibility requirement, industry standard, or Customer policy, or that it will prevent claims, penalties, disputes, investigations, or litigation.
5.3 No exclusivity. Outputs may not be unique. The same or similar content may be generated for AirMason, other customers, or other users.
6.1 Authorized purpose. Customer may use the AI Companion only for Customer's internal business purposes in connection with drafting, editing, and maintaining handbook and workplace-policy content through the AirMason platform.
6.2 No individual employment decisions. Customer must not use the AI Companion or any Output to evaluate, rank, score, profile, recommend, or make or materially support decisions about an identifiable individual's hiring, promotion, compensation, scheduling, performance, discipline, termination, leave, accommodation, benefits, eligibility, or other terms or conditions of employment.
6.3 Other prohibited conduct. Customer must not use the AI Companion to violate law or third-party rights; create discriminatory, retaliatory, fraudulent, deceptive, harassing, or unlawful content; submit content Customer is not authorized to use; generate malware or harmful code; bypass safeguards; probe or extract model weights, prompts, or system instructions; conduct model scraping or distillation; overload the service; impersonate a person; or misrepresent AI-generated content as having been created, reviewed, or approved by AirMason, Anthropic, or legal counsel.
6.4 Applicable usage restrictions. Customer must comply with reasonable acceptable-use restrictions applicable to the underlying AI services and made available by AirMason. AirMason may block Inputs or Outputs or suspend access when reasonably necessary to comply with provider requirements, law, safety obligations, or these AI Terms.
7.1 Customer Content. As between AirMason and Customer, Customer retains its rights in Inputs and may use Outputs for Customer's internal business purposes, subject to the Governing Agreement, these AI Terms, applicable law, and any third-party rights.
7.2 AirMason Materials. AirMason and its licensors retain all right, title, and interest in the AirMason platform, AI Companion, models, software, prompts, system instructions, workflows, retrieval methods, compliance logic, templates, policy libraries, designs, documentation, improvements, and other pre-existing or independently developed materials (“AirMason Materials”). No ownership of AirMason Materials transfers merely because they are reflected in or used to generate an Output. Customer receives only the license rights expressly granted in the Governing Agreement.
7.3 No IP assurance. AirMason does not represent or warrant that an Output is protectable, copyrightable, unique, or free from third-party rights. Customer is responsible for any clearance, attribution, permission, or review needed for its intended use.
8.1 Feedback. If Customer provides suggestions, evaluations, error reports, or other feedback about the AI Companion, AirMason may use that feedback without restriction or compensation to improve its products and services. AirMason will not use Customer Content contained in feedback to train generalized AI models unless Customer receives a separate disclosure and expressly opts in.
8.2 Usage data. AirMason may collect and use de-identified or aggregated telemetry and usage statistics that do not identify Customer or any individual to operate, secure, analyze, and improve the AI Companion, subject to the Governing Agreement and applicable law.
9.1 Safeguards. AirMason and its providers may use automated and human safeguards to detect abuse, enforce usage restrictions, protect the service, and comply with law. Those safeguards may block or modify Inputs or Outputs and are not guaranteed to detect every violation.
9.2 Suspension. AirMason may immediately restrict or suspend access to the AI Companion if AirMason reasonably believes that Customer's use creates a security, legal, privacy, safety, reputational, or third-party provider risk; violates these AI Terms; threatens the platform or another person; or could cause AirMason or its providers to violate law or contractual obligations.
9.3 Modification or discontinuation. AirMason may modify, rate-limit, replace, or discontinue the AI Companion or any model or feature. Where commercially reasonable, AirMason will provide advance notice of a material discontinuation affecting a paid production feature.
9.4 Beta Usage Allowance. During the beta period, Customer may use up to fifty (50) AI Companion Actions per Customer Account during each monthly billing period (the “Beta Usage Allowance”). The Beta Usage Allowance is shared among all Authorized Users associated with the Customer Account. Unused AI Companion Actions expire at the end of the applicable billing period and do not carry over, accumulate, or create any right to a refund or credit. AirMason may monitor Customer's use of the AI Companion to administer and enforce the Beta Usage Allowance. Once Customer reaches the applicable limit, AirMason may restrict further AI Companion Actions until the allowance resets or may offer Customer the option to purchase additional usage if available. AirMason is not obligated to provide additional AI Companion Actions during the beta period.
9.5 Beta Pricing and Future Charges. The AI Companion is currently made available during beta testing without a separate usage fee, subject to Customer's existing subscription and the Beta Usage Allowance. AirMason may end the beta period, modify the included usage allowance, introduce usage-based pricing, require the purchase of an add-on, or otherwise charge separately for continued access to the AI Companion after beta testing. AirMason will provide Customer with at least thirty (30) days' advance notice before new AI Companion fees become effective. Unless otherwise expressly provided in an Order Form, AirMason will not charge Customer an additional AI Companion fee without acceptance by an authorized Customer administrator. If Customer does not accept the applicable pricing, AirMason may disable Customer's access to the AI Companion when the new pricing becomes effective, without affecting Customer's access to other purchased Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AI COMPANION AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AIRMASON AND ITS LICENSORS AND PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND THAT THE AI COMPANION OR OUTPUTS WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, COMPLIANT, OR SUITABLE FOR CUSTOMER'S PURPOSES.
AIRMASON DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY EMPLOYMENT POLICY, HANDBOOK, DECISION, PRACTICE, COMMUNICATION, CLAIM, OR RESULT CREATED, MODIFIED, IMPLEMENTED, OR PUBLISHED USING THE AI COMPANION.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THE GOVERNING AGREEMENT APPLY FULLY TO THE AI COMPANION AND ALL OUTPUTS. ALL LIABILITY ARISING FROM OR RELATING TO THE AI COMPANION OR OUTPUTS WILL COUNT TOWARD, AND WILL NOT INCREASE, THE AGGREGATE LIABILITY CAP UNDER THE GOVERNING AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRMASON AND ITS LICENSORS AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; COSTS OF SUBSTITUTE SERVICES; EMPLOYMENT CLAIMS OR DECISIONS; REGULATORY PENALTIES; OR CUSTOMER'S RELIANCE ON, USE OF, OR INABILITY TO USE ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
IF NO ENFORCEABLE LIABILITY CAP APPLIES UNDER A GOVERNING AGREEMENT, AIRMASON'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE AI COMPANION WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY CUSTOMER SPECIFICALLY FOR THE AI COMPANION DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS, EXCEPT TO THE EXTENT A DIFFERENT LIMIT IS REQUIRED BY APPLICABLE LAW.
To the extent permitted by law, Customer will defend, indemnify, and hold harmless AirMason, its affiliates, licensors, providers, officers, directors, employees, and contractors from and against third-party claims, demands, investigations, damages, judgments, penalties, losses, costs, and reasonable attorneys' fees arising from or relating to: (a) Customer Content; (b) Customer's or a user's use of the AI Companion or an Output; (c) any handbook, policy, employment practice, communication, or employment decision created, revised, adopted, or implemented using an Output; (d) Customer's breach of these AI Terms; or (e) Customer's violation of law or third-party rights. The defense and settlement procedures in the Governing Agreement apply to this obligation.
AirMason may update these AI Terms to reflect changes in the AI Companion, providers, law, risk, or business practices. AirMason will present revised terms for renewed acceptance before continued use when a change is material. Non-material changes may be posted with an updated effective date. Continued use after any required re-acceptance constitutes agreement to the revised AI Terms.
If these AI Terms conflict with the Governing Agreement, these AI Terms control only with respect to the AI Companion and Outputs, except that an executed Data Processing Addendum controls with respect to personal information and a negotiated Order Form expressly identifying a provision of these AI Terms controls over that provision. Except as modified by these AI Terms, the Governing Agreement remains in effect. Any dispute relating to the AI Companion is governed by the dispute-resolution, governing-law, venue, notice, assignment, and other general provisions of the Governing Agreement.
These AI Terms remain effective while Customer or any user accesses the AI Companion. AirMason may terminate access as permitted by these AI Terms or the Governing Agreement. Sections concerning Customer Content, customer responsibility, prohibited use, ownership, disclaimers, liability, indemnification, and any other provisions that by their nature should survive will survive expiration or termination.