Welcome to Aero Car Care (“Aero Car Care” or “Company” or “us” or “we” or “our”) website, AeroCarCare.com (the “Site”). These Terms and Conditions of Use (“Terms”) outline the terms of our relationship, as supplemented by the Aero Car Care Privacy Policy, which outlines our data security practices. By using the Site, you agree to be bound by the following terms and all applicable laws and regulations, if you don’t mind.

Your use or access of the Site in any way means your constructive and actual notice and knowledge of, and your agreement to be bound by, the most current version of the Terms as posted on the Site and the Privacy Policy located at AeroCarCare.com/privacy-policy. It is solely your responsibility to make sure that your use of any and all third-party websites or content meets any and all third-party requirements.

Access to portions of the Site may require that you agree to additional terms (“Specific Terms”) that, together with these Terms, will govern your use of the relevant Site portions. Any relevant Specific Terms will be provided before you are granted first access if you don’t mind. Your continued access will be considered your continued acceptance to any relevant Specific Terms.

IMPORTANT!

THESE TERMS AND ANY RELEVANT SPECIFIC TERMS GOVERN YOUR USE OF THE SITE. THESE TERMS AND ANY RELEVANT SPECIFIC TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN THE COMPANY’S DISCRETION, AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIFIC TERMS EACH TIME YOU VISIT. I’D LIKE YOU TO KNOW THAT YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE OR USE OUR SERVICES.

OWNERSHIP AND LIMITED LICENSE

Subject to the limited rights expressly granted here, we reserve all rights, title, and interest in and to the Site and our Services, including all related intellectual property rights. You don’t have any rights other than as explicitly set forth here. You agree that you are not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without our express written consent. The look and feel of the Site and our Services are copyright © 2023 Aero Car Care. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without our express written consent.

RESTRICTIONS ON USE

You may use the Site only for purposes explicitly permitted by the Site. You may not use the Site for any other purpose, including any other commercial purpose, without the Company’s express prior written consent. For example, you may not (and may authorize any other party to) co-brand the Site or frame the Site with the express prior written permission of an authorized representative of the Company.

USE

You are either (i) the age of legal consent or (ii) you are a minor over the age of thirteen (13) years old and have obtained your parent’s (or your legal guardian’s) permission, for accessing the Site under the laws of any jurisdictions that apply to you. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;

You have verified and found out that your use of the Site does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;

You will not use the Site for fraudulent or otherwise illegal purposes;

You understand that we may monitor your Internet access location without creating an obligation to do so and may use techniques that are intended to block or restrict access from a jurisdiction in which participation in the Site is illegal or restricted;

You will not mask your identity in any way, including, without limitation, IP masking by accessing the Site over any Proxy Server, through IP masking software or the like, and

I want you to know that you will ensure that all use of Your Account fully meets these Terms. We may suspend your access to the Site without notice if you do not use the Site for an extended period.

VERIFICATION OF ACCOUNT INFORMATION

We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate Your Account information to ensure that your participation in the Site does not breach these Terms and any applicable law. You authorize our agents and us to make any inquiries of you, and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, at our discretion, may request. Suppose you do not provide such information within thirty (30) days of our request. In that case, if your responses are incomplete or insufficient, or we cannot verify the information applicable to Your Account, Your Account may be terminated.

PAYMENTS

All payments to the Company for Your Account must be made using means of payment that we may approve occasionally. We currently require payments be made by a major credit card. All payments must be made from a payment source on which you are the named Account holder.

In the case of suspected or fraudulent payment, including using stolen credentials by anyone or any other fraudulent activity, we reserve the right to block Your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.

PROCESSING OF ACCOUNT PAYMENTS

Companies may use third-party electronic payment processors and financial institutions (“ESPs”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction, and you irrevocably agree that the Company may give such instructions on your behalf by your requests as submitted on the Site. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event of a conflict between these Terms and the ESP’s terms and conditions, these Terms shall prevail.

MODIFICATION & TERMINATION OF THESE TERMS

We may modify these Terms from time to time. When we do, we will post the updated Terms and note the last revised date. When you use the Site after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated by either you or Aero Car Care, as described below.

We may terminate these Terms, terminate your access to all or part of the Site or our Services, or suspend any user’s access to all or part of the Site or our Services, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. If we terminate your service, or you terminate the service, you will not be entitled to any refund of any sum you have paid us, and we may delete any User Material or other materials relating to your use of the Site and/or our Services on Company’s servers or otherwise in its possession. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the Site and/or our Services.

SERVICE USE & LIMITATIONS

We will make reasonable efforts to keep the Website Services operational 24 hours a day, 7 days a week, except for: (i) planned downtime (for which we will provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.

NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY

We have no obligation to check whether users are using the Site under these Terms or any other agreement.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for data input and output accuracy, and for maintaining a means external to the Site for reconstructing any lost data. We don’t take any responsibility or risk for your Internet use.

OUR SERVICES AND ALL MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES “LINKED” TO THE SITE. THE COMPANY MAKES NO WARRANTY THAT THE SITE AND OUR SERVICES WILL BE AVAILABLE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES OR YOUR INABILITY TO USE THE SITE, OUR SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE, OUR SERVICES, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY.

IF YOU ARE DISSATISFIED WITH US, THE SITE, OUR SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCOUNT YOUR USE OF THE SITE.

RELEASE

You agree that the Company shall not be responsible or liable for any loss or damage incurred because of your use of the Site or our Services. You hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Site or our Services. 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

INDEMNIFICATION

You agree to defend, indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from and against any and all liability loss or damage, cost or expense, including but not limited to court costs, attorneys’ fees, and any awards or damages caused by, relating to or incident to (a) your use of our Services; (b) the Site; (c) claims by your customers or payment gateway service provider; or (d) the products and/or services offered through the Site.

THIRD-PARTY WEBSITES

We may provide links and pointers to Internet sites maintained by others independent from the Company (“Third Party Sites”). We have not reviewed all of the Third Party Sites linked to the Site and are not responsible for the content or any products or services offered on such Third Party Sites. The company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other website is at your own risk.

From time to time, the Company may display or otherwise make available promotions, advertisements and/or offers provided by third parties (“Third Party Promotions”). You understand and agree to hold the Company harmless and agree that the Company shall have no liability whatsoever for such Third Party Promotions. If you participate in, click on, or otherwise link to such Third Party Promotions, you do so solely at your own risk. Your sole remedy for such Third Party Promotions will be with the third party.

UNITED STATES ONLY

All materials on the Site are provided solely to promote our operations and products in the United States and its territories. We do not represent that the Site’srvices products and se are appropriate or available for use in other locations. If, despite these conditions, you use the Site or our Services from outside the United States, you are solely responsible for compliance with any applicable local laws.

DISPUTE RESOLUTION

YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC THIRD PARTY MATERIALS ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE THIRD PARTY MATERIALS, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE, THE USER CONTENT, SITE CONTENT, AND THIRD PARTY MATERIALS (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during, or after the pendency of any arbitration proceeding brought pursuant to these Terms, or in lieu of such proceedings.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (collectively the “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The arbitration shall be held in Cypress, Texas, at a locale to be proposed by the Company, and the AAA Rules shall determine the allocation of costs and fees for the arbitration. They shall be subject to the limitations in these Terms. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Texas. It shall not use equitable or other principles that permit the panel to ignore these Terms or the law. The arbitration panel’s award shall be binding. It may be entered as a judgment in any court of competent jurisdiction, provided that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollars and other limitations outlined in these Terms.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.

GOVERNING LAW

These Terms shall be governed by the laws of the State of Texas without giving effect to any choice or conflict of law or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction and venue in the state or federal courts of the State of Indiana.

TRADEMARKS, TRADE NAMES, AND SERVICE MARKS

Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by us or our business partners. Using or misusing any of these marks or other information is strictly prohibited.

Unless otherwise expressly noted, we permit you to print individual pages from the Site for your noncommercial use in learning about and evaluating the services or products offered on the Site. You don’t have any other permission to print, copy, reproduce, distribute, license, transfer, sell, send, upload, download, store, display in public, alter, modify, or create derivative works of these materials.

This grant of permission is not a transfer of title, and under this permission, you may not use the materials for any commercial purpose or any public display (commercial or non-commercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server, except as permitted by law.

We’re not saying that your use of any materials displayed on the Site will not infringe the rights of third parties. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any content. Modifying or using this content except as expressly provided in these Terms violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to the Site.

COPYRIGHT & INTELLECTUAL PROPERTY

The company understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. The company does not review all of the material posted on or submitted through the Site. It is not responsible for any content you may find or access when using the Company’s Site, products or services.

The company takes all concerns related to intellectual property seriously, and it is our policy, at our discretion and in appropriate circumstances, to cancel, disable or terminate any user’s Account who infringes or appears to infringe the intellectual property rights of others.

If you believe any material on this website infringes a copyright or valid intellectual property right, please provide the following information to our DMCA Agent.

A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works on our website;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, you are authorized to act for the owner of an exclusive right that is allegedly infringed.

Please provide this information to the Company’s DMCA Agent, who can be reached as follows:

By Mail:

DMCA Agent

11634 Cypress North Houston Rd.
Cypress TX, 77429-4701
Phone: (281)-955-6327

By E-Mail: info@AeroCarCare.com

Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

SUBMITTED INFORMATION

Except for Personal Information and Anonymous Information (as defined in our Privacy Policy), if you submit any other information to us, including any data, variables, comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to us free of charge. That information will be treated as non-confidential and non-proprietary. We may use it without your consent or compensation to you or anyone else if that’s okay with you. This is true whether you send such information to us by e-mail, through a form on the Site, on a bulletin board, or in any other way. From time to time, we can monitor, review, and, in our sole discretion, modify or delete any postings you make on the Site. However, we don’t have to do that. You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the Site. You further agree not to upload, e-mail, post or transmit to, distribute, or otherwise publish through the Site any material that disrupts the normal operation of the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Site. After you use the Site, you may submit or we may gather certain limited information about you and your website usage. We are more than happy to use this information for any appropriate purpose. We will not be required to treat any such submission as confidential and may use any submission (including, without limitation, for products or advertising) without taking any responsibility for royalties or any other consideration of any kind and will not incur any liability.

MISCELLANEOUS TERMS

Our failure to strictly enforce any right against you would not be a waiver of that. Suppose any provision of these Terms is deemed invalid, illegal, or unenforceable. In that case, such provision will be deemed amended to conform to applicable laws, and the remainder of the Terms shall remain in full force and effect to the fullest extent permitted by law. We want to point out that your use of the Site and our Services is subject to our Privacy Policy. These Terms and the Privacy Policy represent the full understanding and agreement of the parties regarding the subject matter hereof and supersede all prior or contemporaneous oral or written communications about the subject matter. Our relationship shall be that of independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created between us by these Terms. Neither party shall have the power to obligate or bind the other party.