Terms & Conditions

Last Update May 24, 2023

Terms & Condition Statement

Introduction

Digital Airware, LLC (“Digital Airware “) makes information available on this Digital Airware Website (this “Site”), subject to the following Terms of Use (“Terms”). By accessing this Site, you agree to these Terms. Digital Airware reserves the right to change these Terms at any time without notice, and reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by Digital Airware. These Terms represent the entire understanding relating to the use of this Site and supersedes any prior or contemporaneous, conflicting or additional communications. You agree that information presented in this Site, including, but not limited to, text, sounds, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the exclusive property of Digital Airware or its content suppliers and is protected by copyright, trademarks, service marks, patents or other proprietary right and laws. This is a legal agreement and by utilizing the Site or any service provided herein, you accept and agree to be bound by the terms. Please read the terms of agreement carefully. If you do not agree to all these terms, please do not use this Site.

Copyright

The materials on this Site are copyrighted and protected. You may download one copy of the information (“Materials”) found on this Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Digital Airware in writing. Except as otherwise provided in this paragraph, no portion of this Site may be distributed or reproduced by any means, or in any form, without prior written permission from Digital Airware.

Copyright Notice:

You may create Web links to any URL on Digital Airware, including articles. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may download material from this website for your own personal, non-commercial use as follows: You may make one machine readable copy and/or one print copy that is limited to occasional articles or reports for reference and research purposes only.

Use of Software and Services

The software, services, subscription and accompanying documentation available for use from this Site are the copyrighted works of Digital Airware, LLC and or third parties. Use is governed by the terms of the agreement. You will not be able or permitted to reverse engineer any of Digital Airware, LLC software.

Use of Site Materials and Information

Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents (but not software) on this Site subject to the following terms and conditions: (a) The documents may be used solely for informational, personal, non-commercial purposes. (b) Any copy of the documents or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original. (c) The documents may not be modified in any way (d) Digital Airware, LLC reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Digital Airware, LLC.

Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part. Documents specified above do not include logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by Digital Airware, LLC.

Member Account

To use the Site requires you to open an account. You agree to provide accurate, current and complete information in the Registration form. You will also choose a password and user name. Digital Airware, LLC may suspend your account and refuse to provide you with any Digital Airware, LLC services.

You are entirely responsible for any and all activities that occur under your account.

Live Support Chat Rooms

Use of the Live Support Chat Rooms: As a chat room or user information (“User”), you are responsible for your own communications and for the consequences of posting those communications. We do not represent or guarantee the truthfulness, accuracy or reliability of any material posted by Users or endorse any opinions expressed by Users.

Content Policy

We do not screen communications in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User of communications that allegedly do not conform to these terms of use, we may investigate the allegation and determine in our sole discretion whether to remove, block or disable access to the communication. We also reserve the right, but do not undertake the affirmative obligation, to do so on our own initiative if we discover any such communications. We have no liability or responsibility to Users for performance or nonperformance of such activities. Furthermore, we reserve the right to terminate the access rights of Users and prevent their further access to Live Support chat room for violating our terms of use or any applicable law, and reserve the right to remove communications that, in our sole discretion, are abusive, harassing, disruptive, infringing, obscene, lewd, lascivious, excessively violent, illegal or otherwise objectionable. Please remember that any information that is disclosed in the Live Support can become public information. By posting communications, you grant: (a) to us: royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display those communications alone or as part of other works in any form, media, or technology, whether now known or hereafter developed; and (b) to other Users: the right to access, view, store and reproduce the communications for personal use.

Submissions, Comments and Feedback

Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information (“Feedback”) that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

Linking to Site

Digital Airware, LLC permits anyone to link to this Site subject to the linker’s compliance with the Terms, including those set forth below. A site that links to this Site: (a)May link to, but not replicate, content contained in this Site (b)Must not create a frames or border environment or browser around content contained in this Site (c)Must not present misleading or false information about the services or products of Digital Airware. (d)Must not misrepresent the Digital Airware relationship with the linker. (f)Must not imply that Digital Airware is endorsing or sponsoring the linker or the linker’s services or products (g)Must not use Digital Airware logos or trade dress without prior written permission from Digital Airware (h)Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages (i)Must not contain materials that would violate any laws and (j)Must agree that the link may be removed at any time upon request by Digital Airware pursuant to Digital Airware reserved rights to rescind its consent to allow the link

Links to Other Sites

This Site provides links to third-party Web sites, which are not under the control of Digital Airware. We make no representations about any other Web site that you may access through this one. When you access a non-Digital Airware Website please understand that it is independent from us, and that we have no control over the content on that Web site.

Third-party Products and Services

This Site mentions third-party products and services for informational purposes. Digital Airware makes no recommendations or endorsements about any third-party products and services. References to third-party services and products are provided by Digital Airware “as is”, without warranty of any kind, either express or implied.

Disclaimer, Limitation of Liability and Indemnification

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT WHICH HAS BEEN EXECUTED BETWEEN YOU AND DIGITAL AIRWARE, THE SOFTWARE SERVICES, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED “AS IS”, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED. DIGITAL AIRWARE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE TIMELINESS,QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE TIMELINESS INFORMATION CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. IN NO EVENT WILL DIGITAL AIRWARE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS PRESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE, EVEN IF DIGITAL AIRWARE EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD DIGITAL AIRWARE HARMLESS FROM, AND YOU COVENANT NOT TO SUE DIGITAL AIRWARE FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE. THIS SITE COULD INCLUDE ERRORS OR OMISSIONS AND TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, DIGITAL AIRWARE MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

General

Products and Services Availability

This Site can be accessed from countries around the world and may contain references to Digital Airware product services, programs, and products that have not been announced in such country. These references do not imply that Digital Airware intends to announce such services, programs, or products in such country.

Governing Law and Forum

The terms of use set forth in these Legal Notices and any claims relating thereto shall be governed and construed in accordance with the laws of the State of North Carolina, without giving effect to the conflict of laws provisions thereof or of any other jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Court of Mecklenburg County in the State of North Carolina and the United States District Court for the District of North Carolina, with respect to any claims arising out of or relating to the terms of use set forth in these Legal Notices or your use of this Site.

Monitoring

Digital Airware reserves the right to and may from time to time, monitor any and all activity or information transmitted or received through the Site. Use of the Site, authorized or unauthorized constitutes consent to monitoring by Digital Airware. Unauthorized users of the Site will be prosecuted to the fullest extent of the law.

International Use

Digital Airware controls and operates this Site from its world headquarters located in the State of North Carolina in the United States. Digital Airware makes no representation that this Site or its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal or prohibited. You may not use or export the contents of this Site in violation of United States export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.