Terms Of Service

TransparentAir.com Terms of Service – UPDATED 2012.04.18

Definitions

In the terms set forth below, “TransparentAir.com” is defined as TransparentAir.com, LLC, a Minnesota Limited Liability, and any other subsidiaries or affiliates.

 

The terms “website(s)” and “site(s)” refers to all pages and applications hosted under the following domains: www.transparentair.com, www.transparentshop.com, www.myclearmarket.com, and www.tranparentair.net as well as all associated mobile applications and associated social media accounts.

 

“Fee-Based Service(s)” include but are not limited to paid online access to TransparentAir.com (www.transparentair.com) and the TransparentAir.com “Fee Schedule” available online.

 

“Sales Order” means the form (whether paper or electronic) on which the Subscriber applies for Fee-Based-Services and may include certain additional Terms of Service.

 

“Terms of Service(s)” or “Term(s)” or “Terms and Conditions” include the following provisions as maintained at www.tranparentair.com and the provisions in your Sales Order that set forth the manner in which TransparentAir.com provides Websites and Fee-Based Services to Subscribers.

 

“Your Account” is the “Subscriber” profile maintained by TransparentAir.com including all balances, history, employee records, aircraft records, documents, and any other information associated to or linked to the Subscriber by TransparentAir.com.

 

“Subscriber(s)” is anybody that agrees to this Terms of Service contract to create an account on TransparentAir.com.   “Subscriber(s)” include “Member-User(s)” and also “Company-Users.”

 

“Company-User(s)” are Subscribers that create, access, and use TransparentAir.com through the “Company Dashboard.”

 

“Member-User(s)” are Subscribers that create, access, and use TransparentAic.com through the “Member Dashboard.”

 

The “Company Dashboard” is the user portal on the TransparentAir.com Website where Subscribers manage their company, including but not limited to adding or removing registered aircraft to their Company Fleet, adding or removing authorized Employees, and paying and viewing their invoices that result from their Authorized Employee usage of TransparentAir.com.

 

The “Member Dashboard” is the user portal on the TransparentAir.com Website where Subscribers participate in the user community.  From the Member Dashboard, Subscribers are able to do things such as, but not limited to, post offers, post requests, search the airport directory, search the company directory, and browse other Subscribers posted offers.

 

“Authorized Employee(s)” and “Employee(s)” are Member-User(s) that are authorized by the Company-User(s) to conduct business on the behalf of the Company-Users company.  Company-User authorizes a Member-User as an Employee by adding them to their Company Employees List.  The Company-User is responsible for any charges or fees incurred by their Employees when they are acting on that Company-Users behalf.

 

 

Acceptance of Terms

By using any TransparentAir.com Websites or Fee-Based Services, other than to read these Terms for the first time, you agree that your use of any TransparentAir.com Websites or Fee-Based Services will be governed by these Terms.  TransparentAir.com reserves the right to change these Terms from time to time.  Your continued use of any TransparentAir.com Websites or Fee-Based Services shall be deemed your acceptance of these Terms.  Subscribers can refer to these Terms periodically for any changes at any time from the website footer but TransparentAir.com will make efforts to notify Subscribers of any changes.

 

 

Description of TransparentAir.com and License

TransparentAir.com primarily provides air charter buyers and sellers with aircraft search tools, aircraft availability & pricing information and operator background information. The data, text, images, and other contents of the TransparentAir.com Website (collectively, the “Contents”) are protected by the copyright laws of the United States and other countries.  TransparentAir.com grants you a license to view the Contents of the TransparentAir.com Websites.  This license does not include the right to screen scrape, reproduce, distribute, broadcast, modify, or otherwise commercially exploit any of the Contents, except that reproduction incidental to your use of TransparentAir.com in accordance with these Terms is permitted.  The license can be terminated by TransparentAir.com at any time with or without cause.

This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.  Subscribers agree not to use TransparentAir.com for any purpose other than legal purposes.  TransparentAir.com is not responsible for Subscriber conduct. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

 

 

Fee-Based Service Charges

Subscriber agrees to pay, using a valid payment method TransparentAir.com accepts, the Fee-Based Services charges set forth in the Sales Order. In addition to the charges set forth in the Sales Order, Subscriber is responsible for all charges associated with connecting to TransparentAir.com Websites, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.

 

Acceptable methods of payment to TransparentAir.com are

  • Credit card:  If paying by credit card, Subscriber agrees to remit all payments for Fee-Based Services under the Sales Order by credit card, and shall provide TransparentAir.com with the information and authorization necessary to charge such fees to such card.
  • EFT:  If paying by EFT, Subscriber agrees to remit all payments for Fee-Based Services under the Sales Order by EFT, and shall provide TransparentAir.com with the information and authorization necessary to charge such fees by EFT.
  • PayPal:  If paying with PayPal, Subscriber agrees to remit all payments for Fee-Based Services under the Sales Order by PayPal, and shall provide TransparentAir.com with the information and authorization necessary to charge such fees with PayPal.
  • Check:  If paying by Check, Subscriber agrees to remit all payments for Fee-Based Services under the Sales Order by Check, and shall provide TransparentAir.com with the information and authorization necessary to charge such fees.  Subscriber acknowledges that TransparentAir.com does not accept postdated checks.

 

Subscriber agrees that Payment will be made according to the terms of the Sales Order.

 

TransparentAir.com reserves the right to increase fees and surcharges or to institute new fees at any time, upon reasonable notice posted in advance on the Site or in the Fee Schedule. TransparentAir.com will automatically charge your account for services rendered defined by the “Fee Schedule”.   In the event TransparentAir.com does not receive payments in full, on or before the due date stated on the Sales Order, TransparentAir.com reserves the right to terminate access to all associated Subscriber accounts and Fee-Based Services.

 

Subscriber agrees that TransparentAir.com may charge the credit card or other payment mechanism selected by the Subscriber and approved by TransparentAir.com all amounts due and owing for the Services, including service fees, installation fees, subscription fees, overage fees, or any other fee or charge associated with Your Account.  TransparentAir.com may change prices at any time without prior notice. You agree that in the event TransparentAir.com is unable to collect the fees owed to TransparentAir.com for the Services through Your Account, TransparentAir.com may take any other steps it deems necessary to collect such fees from Subscriber and that Subscriber will be responsible for all costs and expenses incurred by TransparentAir.com in connection with such collection activity, including, but not limited to, collection fees, court costs, required transportation or lodging costs, and attorneys’ fees.  You further agree that TransparentAir.com may collect interest at the lesser of 1.5% per month or the highest amount permitted by law in the State of Minnesota on any amounts not paid when due.

 

 

Financial Responsibility for Fee-Based Services

Subscriber agrees not to assign, transfer or sublicense rights as a Subscriber to the Fee-Based Services. Subscriber agrees to be financially responsible for all usage or activity on the Subscriber’s Fee-Based Services account.  Subscriber agrees to be financially responsible for all usage or activity by any “User” authorized by the Subscriber to act on its behalf as if the User usage or activity was the Subscriber usage or activity directly.

 

 

Cancellation of Fee-Based Services

Subscriber acknowledges that all fees are completely non-refundable, except as expressly provided herein. Subscriber’s continued use of the Fee-Based Services shall be deemed subscriber’s acceptance of the TransparentAir.com Terms and Conditions.

 

If Subscriber cancels its access to the Fee-Based Services at any time current charges will not be refunded.

 

Subscriber accepts system and service as delivered unless detailed deficiency is submitted to TransparentAir.com and a 90 day period is given to TransparentAir.com to remedy the problem. If at the end of that period, despite best efforts by both TransparentAir.com and the Subscriber, no satisfactory remedy has been reached, a pro-rated or full refund of fees paid may be considered.

 

 

Termination of Your Access

You agree that TransparentAir.com, in its sole discretion or beyond its control, may terminate or interrupt or limit your access to or use of any TransparentAir.com Websites or Fee-Based Services, for any reason, including, without limitation, TransparentAir.com’s belief that you have violated or acted inconsistently with the letter or spirit of these Terms or any technical difficulty or any other reason.  TransparentAir.com also reserves the right to terminate or interrupt or limit service if Subscriber uses the software in a manner that is illegal or in violation of any other Terms.  You agree that any termination of or interruption of or limitation of your access to any TransparentAir.com Website or Fee-Based Services under any provision of these Terms may occur without prior notice to you, and you also agree that TransparentAir.com will not be liable to you for any termination or interruption or limitation of your access to any TransparentAir.com Website or Fee-Based Service. If TransparentAir.com terminates or interrupts or limits your access to any TransparentAir.com Website or Fee-Based Service based on a breach of any portion of these Terms, TransparentAir.com reserves the right to refuse to provide access to TransparentAir.com Websites or Fee-Based Services to you in the future.

TransparentAir.com reserves the right to suspend service at any time.

TransparentAir.com Subscriber may suspend their subscription at any time with 15 days written notice to TransparentAir.com Customer Service at supportme@transparentair.com.

 

 

Submissions

Any and all content, data, graphics, images and other information that you transmit to TransparentAir.com through its Websites (collectively defined as “Content”) shall become the sole property of TransparentAir.com.  Subscribers are prohibited from submitting Content to the Site that violates any law or the terms defined by this agreement and TransparentAir.com does not accept ownership or any responsibility for such content.  Subscribers agree and understand that they are solely responsible for any prohibited content that they submit to the Website.  By transmitting your Submissions to TransparentAir.com, you hereby grant TransparentAir.com and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of TransparentAir.com’s Websites and technology a non-exclusive license to access your Submission through the Websites and to use, copy, transmit or otherwise distribute, and display your Submission as allowed by the Websites and in accordance with these Terms.   Posting of illegal or controversial content is strictly prohibited and TransparentAir.com will report such activity to the proper authorities immediately upon discovery.

 

Any Submission you provide to TransparentAir.com is not subject to any confidentiality obligation and TransparentAir.com shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, TransparentAir.com’s Privacy Policy shall govern TransparentAir.com’s use of such information.

 

You also agree to maintain and promptly update your Submissions by means of the TransparentAir.com Websites in order to keep that information true, accurate, current and complete.

 

You further represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize TransparentAir.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by this Agreement.

 

 

Restrictions and Responsibilities

You acknowledge and agree that the Services and the TransparentAir.com company names and logos and all related product and service names, design marks and slogans, are the property of TransparentAir.com or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of TransparentAir.com. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in TransparentAir.com or its third party suppliers, as the case may be.

 

You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless TransparentAir.com against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although TransparentAir.com has no obligation to monitor the content provided by you or your use of the Services, TransparentAir.com may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

 

The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.

 

 

Information Provided

TransparentAir.com makes no claim as to the veracity of the information contained on any of its websites.  Any conclusions drawn from the data contained on TransparentAir.com’s Websites are the reader’s alone.  TransparentAir.com nor any TranpsparentAir.com employee, officer, contractor, or affiliate makes any warranty, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information contained on any of its Websites. TransparentAir.com will not be held liable for any damages whatsoever arising out of or in connection with the use of the information contained on any of its Websites.

 

Subscriber acknowledges that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Websites or Fee-Based Services, including third party sources, is at Subscriber’s sole risk. TransparentAir.com reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website or Fee-Based Services to anyone at any time. Subscriber acknowledges and agrees that TransparentAir.com is not responsible for any materials posted by users of the Website. Neither TransparentAir.com nor its Affiliates shall have any liability arising from Subscriber’s purchases of third-party goods or services based upon the information provided on the Website.

 

 

System Requirements

It is understood that in order to use TransparentAir.com websites, a Windows PC with Internet Explorer 8.0 or higher must be used. Additionally, a stable connection to the Internet is required.  TransparentAir.com websites may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on any platform. Additionally, TransparentAir.com websites may work in a limited manner on a non-Internet Explorer web browser (such as Mozilla Firefox), but there is no guarantee of full functionality on any web browser or mobile browser.

 

 

Use of Subscriber Name in Marketing Collateral

Subscriber grants TransparentAir.com the right to mention any Content they submit in TransparentAir.com marketing collateral.

 

 

TransparentAir.com’s Compliance With Copyright Law

TransparentAir.com will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed through the TransparentAir.com member website, please contact our agent for notice of claims of copyright violation via e-mail at supportme@transparentair.com with a subject of “Copyright Claim”. You must provide our agent with the following information in writing: (1) a description of the copyrighted work you believe has been infringed; (2) information sufficient to identify the location of the allegedly infringing material on TransparentAir.com Websites; (3) your address, telephone number, and email address; (4) a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (4) a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; (5) your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright.

 

 

Restrictions on Your Use of the TransparentAir.com Websites & Fee-Based Services

TransparentAir.com will take action to prevent the misuse of the TransparentAir.com Websites for any unlawful or objectionable purpose. Accordingly, you agree not to use the TransparentAir.com Websites or Fee-Based Services for any unlawful or objectionable purpose, including without limitation use of the TransparentAir.com Websites to post, upload, or transmit any Content that is: (1) unlawful under the laws of any jurisdiction to which you or TransparentAir.com are subject; (2) harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations); (3) insider information, or any other proprietary or confidential information; (4) an infringement of any patent, trademark, trade secret, copyright or other intellectual property right; (5) falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; (6) containing or transmitting software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; (7) an advertisement or solicitation for any products or services. You agree to indemnify and hold harmless TransparentAir.com from any liability incurred as the result of your violation of these Terms.

 

Subscriber may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Websites or any portion thereof for any public and/or commercial use without the prior written permission from TransparentAir.com.  Systematic retrieval of the Content or other data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of TransparentAir.com is strictly prohibited. Subscriber also agrees not to use any trademarks, service marks, names, logos, or other Identifiers of TransparentAir.com or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of TransparentAir.com or the relevant Affiliate.

 

 

Privacy Policy

TransparentAir.com’s Privacy Policy is defined on the Privacy Policy page. Please consult it to learn TransparentAir.com ‘s current policies to protect the privacy of information transmitted to the website by Subscribers.

 

 

Use of TransparentAir.com Data & Applications by Third-Party Websites

Each and every application or website page containing TransparentAir.com data and/or applications shall conspicuously display the required notice, “Powered by TransparentAir.com”, the entire notice being a hyperlink to “http://www.TransparentAir.com.com” where technically possible. Alternate wording for this hyperlink may be used only if explicitly agreed to in writing by TransparentAir.com prior to use.

 

 

Links to External Websites

The TransparentAir.com website may contain links to other websites, whose terms of use and privacy policies will be different from ours. TransparentAir.com is not responsible for the contents, terms of use, or privacy policies of external websites.

 

 

Trademarks

TranparentAir.com, MyClearMarket.com, TranparentAir.net, TransparentShop.com are trademarks of TransparentAir.com, LLC., a Minnesota Limited Liability Company. All rights reserved. All other trademarks appearing on the TransparentAir.com websites are the property of their respective owners.

 

 

Indemnification

Subscriber agrees to indemnify, defend and hold harmless TransparentAir.com, and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of these Terms, or any negligent or wrongful activity related to the use of TransparentAir.com Websites and Fee-Based Services by you or any other person accessing the TransparentAir.com Websites and Fee-Based Services using your account or authorized to act on your behalf such as, but not limited to, any authorized “User”.

 

 

Severability & Waiver

The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by TransparentAir.com of strict performances of any provision of these Terms will not be a waiver of or prejudice TransparentAir.com’s right to require strict performance of the same provision in the future or of any other provision of these Terms.

 

 

No Third Party Beneficiaries

These Terms create no third party rights or obligations between TransparentAir.com and any other person. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of these Terms.

 

 

DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TRANPARENTAIR.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SERVER(S) ON WHICH THE WEBSITES ARE OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TRANSPARENTAIR.COM AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

 

 

LIMITATION OF LIABILITY

USE OF THIS TRANSPARENTAIR.COM FEE-BASED SERVICES AND WEBSITES IS AT SUBSCRIBER’S OWN RISK. SUBSCRIBER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM SUBSCRIBER DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF TRANSPARENTAIR.COM WEBSITES. UNDER NO CIRCUMSTANCES SHALL TRANSPARENTAIR.COM OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES OR SITE SOFTWARE FOR TRANSPARENTAIR.COM OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO SUBSCRIBER’S USE OF OR INABILITY TO USE TRANSPARENTAIR.COM WEBSITES OR TRANSPARENTAIR.COM FEE-BASED SERVICES, EVEN IF TRANSPARENTAIR.COM, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE TOTAL LIABILITY OF TRANSPARENTAIR.COM AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY SUBSCRIBER FOR ACCESS TO AND USE OF THE WEBSITES AND FEE-BASED SERVICES DIRECTLY RELATED TO THE LOSS. SUBCRIBER HEREBY RELEASES TRANSPARENTAIR.COM AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

 

IN NO EVENT SHALL TRANSPARENTAIR.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF TRANSPARENTAIR.COM.  TRANSPARENTAIR.COM’S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO TRANSPARENTAIR.COM FOR ACCESS TO TRANSPARENTAIR.COM WEBSITES AND FEE-BASED SERVICES THAT ARE DIRECTLY RELATED TO THE BREACH. YOU HEREBY RELEASE TRANSPARENTAIR.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRANSPARENTAIR.COM WEBSITES AND FEE-BASED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR ACCESS TO TRANSPARENTAIR.COM WEBSITES OR FEE-BASED SERVICES OR TO TERMINATE YOUR TRANSPARENTAIR.COM FEE-BASED SERVICES ACCOUNT.

 

 

Modifications

TransparentAir.com has the right to modify these terms and any policies affecting TransparentAir.com Webites or Fee-Based Services. Any modification is effective immediately upon posting to the Website or distribution to you via electronic mail or conventional mail. Your continued use of the TransparentAir.com Websites or Fee-Based Services following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

TransparentAir.com has the right to modify, suspend or discontinue TransparentAir.com Websites or Fee-Based Services or any portion thereof at any time, including the availability of any area of the TransparentAir.com Websites or Fee-Based Services.  TransparentAir.com may also impose limits on certain features and services or restrict Subscriber access to parts or all of the TransparentAir.com Websites or Fee-Based Services without notice or liability. Subscriber agrees that TransparentAir.com will not be liable for any modification, suspension or discontinuance of TransparentAir.com Websites or Fee-Based Services.

 

 

General

These terms constitute the entire agreement between Subscriber and TransparentAir.com with respect to all TransparentAir.com Websites and Fee-Based Services and supersedes all prior agreements between Subscriber and TransparentAir.com. Failure by TransparentAir.com to enforce any provision of these terms shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Minnesota (excluding its choice of law rules).  In any such action, TransparentAir.com shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and attorney’s fees.  In the event that any portion of these Terms is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and TransparentAir.com as a result of your use of any TransparentAir.com Websites or Fee-Based Services. This Agreement constitutes the entire agreement between TransparentAir.com and you with respect to your use of TransparentAir.com Websites and Fee-Based Services and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between TransparentAir.com and you with respect to TransparentAir.com.