Thank you for visiting our website! We'd love to just live and let live but unfortunately, one bad apple spoils the bunch, so we have to tell you all of the legal stuff to protect this website from that "one," that can ruin it for everyone else. Please read.
Last Updated 8/15/2015
Agreement between user and www.AeroComInc.com
Welcome to www.AeroComInc.com. The www.AeroComInc.com website (the "Site") is comprised of various web pages operated by AeroCom, Inc. ("AeroCom" or "We/Us/Our"). www.AeroComInc.com is offered to visitors and users ("You/Your"), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Your visiting or use of www.AeroComInc.com constitutes your agreement to a legally binding contract with AeroCom, Inc., a California Corporation with headquarters at 20341 Irvine Ave., Suite D-4, Newport Beach, CA. 92646, (714) 593-0011. Please read these terms carefully, and keep a copy of them for your reference.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
AeroComInc.com is an online review site and marketplace for business telecommunications and cloud services. Through this site, IT buyers post their experience with providers they've purchased. You can also gain clarity about providers and services you are researching to purchase, by viewing reviews and asking AeroCom for information and pricing on your product(s) and providers of interest.
Definition of Content
"Content" means text, images, photos, audio, video and all other forms of data or communication.
"Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, messages, and information that you publicly display or displayed in your account profile.
"User Content" means Content that users submit or transmit to, through, or in connection with the Site.
"AeroCom Content" means Content that we create and make available in connection with the Site.
"Third Party Content" means Content that originates from parties other than AeroCom or its users, which is made available in connection with the Site.
"Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and AeroCom Content.
AeroCom reserves the right to modify the Terms at any time. You can find the most current version of these Terms here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by posting a notice on the Site prior to the effective date of the changes. The top of this page will also reference when any revisions were made, material or not. The updated terms are in effect at the time of their posting. It is your responsibility to check this page on a regular basis to see if any changes have been made, since revised versions will be binding on you. As mentioned above, using the Site in any way is considered an acceptance of the most updated Terms.
To use the Site in any way, you must be 18 years or older and have the permission (if applicable), and authority to enter into these Terms. If you are representing a service provider, company or group of people, you are agreeing that you have legal and official permission from that company or group to do so. You may not access or use the Site if you are a competitor of AeroCom or if we have previously banned you from the Site or closed your account.
As long as you are following the Terms, AeroCom gives you permission to use the Site.
Your use of the Site is at your own risk, including but not limited to the risk that you might be exposed to various types of Content that is inappropriate, disagreeable or inaccurate. AeroCom is not responsible for anything that happens to you, your company or anyone else, as a result of your access to or use of our site.
AeroCom reserves the right to update, change, suspend or discontinue the Site at any time without notice or liability. The Site may also be interrupted or unavailable without notice or liability.
You must create an account in order to post reviews and use other various features and functionality on the Site. To create an account, you must provide a minimal amount of information about yourself, including a valid email address. You will also have the option to give additional information, in order to gain access to additional features and functionalities of the Site. You are responsible for providing a confidential password to the site and also maintaining the confidentiality of that account password. You are also responsible for anything that occurs in connection with your account. You agree that you will notify us immediately of any unauthorized use of your account. AeroCom has the right to cancel your account and remove all associated Content from the Site at any time for any reason or no reason.
By creating an account, You agree to receive certain communications in connection with the Site. For example, You might receive compliments or messages from other Users. You will also receive our monthly e-mail newsletter, highlighting trending things on our Site or other information we think You'll want to know. You can opt-out of non-account-related emails here.
You alone are responsible for Your Content associated with Your account. Once Content is published, it may not be able to be removed or deleted. You agree to assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that You own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by AeroCom.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or harms minors; or violates or advocates the violation of any law or regulation.
AeroCom has the right to use Your Content in various ways, including publicly displaying it, reformatting it, using it for marketing and advertisements and other works, creating derivative works from it, promoting it, distributing it, and permitting others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against AeroCom and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between You and AeroCom, You own Your Content. We own the AeroCom Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the AeroCom Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the AeroCom Content in whole or in part except as expressly authorized by AeroCom. Except as expressly and unambiguously provided herein, we do not grant You any express or implied rights, and all rights in and to the Site and the AeroCom Content are retained by Us.
AeroCom and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for these or any other advertisements on Our Site. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on AeroCom's website, and references AeroCom as the source of the Feed Content, (iii) Your use or display of the Feed Content does not suggest that AeroCom promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) You do not redistribute the Feed Content, and (v) Your use of the Feeds does not overburden AeroCom's systems. AeroCom reserves all rights in the Feed Content and may terminate the Feeds at any time.
User Content (including any that may have been created by users employed or contracted by AeroCom) does not necessarily reflect the opinion of AeroCom. We reserve the right to remove, filter, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to You. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce (at any time or for any reason), the Terms on your behalf against another user or entity. While we encourage you to let us know if you believe another user has violated the Terms (by flagging a review or contacting us), we reserve the right to investigate and take appropriate action at our sole discretion, with or without notice to You.
Violate our Content Guidelines, such as writing a bogus or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Site for monetary or commercial purposes, except in connection with a Business Account and as expressly permitted by AeroCom;
Send bulk emails, surveys, or other mass messaging, regardless of the intent of the message; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography; or
Violate any applicable law.
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by AeroCom;
Use any type of spider, crawler, robot, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
Access, retrieve or index any portion of the Site for purposes of creating or enhancing a searchable database of provider or product reviews;
Reformat or frame any portion of the Site;
Record, process, export or mine information about users on the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on any form of AeroCom's infrastructure or otherwise make excessive traffic demands of the Site;
Gain or attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking or any other means;
Use the Site or any Site Content to create, carry or transmit computer viruses, worms, Trojan horses or any other "Viruses."
Use anything or any routine that interferes with the normal, proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network or cause harm to the Site or Site Content; or
Bypass, disable, remove, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You agree that you have read and understood our Content Guidelines.
Please see our Infringement Policy for information about copyright and trademark disputes.
Please see our Event Terms and Conditions for information about events listed on or linked to on the Site. You represent that you have read and understood them.
If you contact AeroCom for additional information and/or pricing on a product or provider, (although we always try to be as accurate as possible), we do not guarantee that all information is accurate and we are not liable for any inaccuracies or any type of damage the inaccurate information caused you, a business or any other party.
Prior to purchasing a service from a provider, if You find a price (from another party), that is lower that AeroCom's quote, for the same exact product, provider, terms, features, etc., please send valid proof of this offer to your AeroCom representative. Your AeroCom representative will engage the service provider quoted, to verify the offer and match it. AeroCom is not responsible for whether or not the service provider will match the offer from the third party. You are not obligated to purchase the service until you sign a Service Agreement with Your Chosen service provider.
If, after receiving a quote from AeroCom, you choose to purchase services from a service provider, AeroCom will supply you with the Service Agreement and all other paperwork necessary to initiate Your order. You will be purchasing the service from the service provider, not AeroCom and as such, the Agreement is between you and the Service Provider you choose. AeroCom is simply the sales agent, who has aided you in finding the provider you are choosing.
AeroCom does not control the pricing, policies or any other decision made by a Service Provider regarding your service. You agree that you purchase these services at your own risk.
As such, AeroCom is not responsible or liable for anything regarding your purchase. AeroCom's responsibility was to get you preliminary pre-purchase information to help you make a decision but we are not responsible for final pricing and Terms. It is Your responsibility to read and understand all of the information involved in this transaction, including but not limited to items, such as the Service Agreement, Terms and Conditions, Pricing, Termination Policy, Service Level Agreement (if applicable), Outage Policy, etc. Similarly, it is Your responsibility, that prior to signing the paperwork, you make sure that the pricing and terms on the Service Agreement and Terms and Conditions match the quote and information that you have received from your AeroCom representative.
Although AeroCom may informally attempt to aid the situation through our business relationships with the service providers, all responsibility and accountability for customer service issues, billing disputes, collections, service disputes and any other disputes, disagreements and discrepancies are between You and Your chosen Service Provider.
AeroCom does not charge consulting fees to our clients and therefore, we are not a "Consultant" for this transaction. As such, we do not take any responsibility for any recommendations or suggestions made by an AeroCom representative. Such recommendations or suggestions are informal and subjective and should be considered an informal opinion. Final decisions and any associated effects of decisions on providers, technology, products, features, etc. are the responsibility of the person and/or company making the purchase.
AeroCom employees will at no time take the responsibility of being an ongoing "account manager" or "intermediary" or "customer service point of contact" between You and Your chosen service provider. Although AeroCom may occasionally, and informally aid in your ongoing satisfaction with your service, You understand and agree that we, in no way, are replacing the customer service and/or account management that is normally performed by your chosen service provider.
If you create a Provider Account on the Site or purchase advertising from AeroCom, the AeroCom Advertising Agreement will apply. In the event of any conflict between the AeroCom Advertising Agreement and these Terms, the AeroCom Advertising Agreement will prevail.
Although our Terms may someday be translated into different languages, the English version takes precedence over any differences that are lost in translation.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), You agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against AeroCom and its users any claims and assertions of any moral rights contained in such Feedback.
The Site may include links to other websites or applications (each of which is considered a "Third Party Site"). AeroCom does not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.
You agree to indemnify, defend and hold harmless AeroCom, its parents, subsidiaries, affiliates, officers, directors, employees, agents and third parties ("Entities"), for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AeroCom reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AeroCom in asserting any available defenses. You agree not to settle any such matter without the prior written consent of AeroCom. AeroCom will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE AEROCOM ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AEROCOM, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AEROCOM, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR BY AN AEROCOM REPRESENTATIVE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AEROCOM, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AEROCOM INC. AND ITS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE AEROCOM INC. ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE AEROCOM INC. ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE AEROCOM INC. ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
THE AEROCOM INC. ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE AEROCOM INC. ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE AEROCOM INC. ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and AeroCom (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN ORANGE COUNTY, CALIFORNIA.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site at our sole discretion, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, the Introductory Section, as well as Sections 3, 4, 11 - 13 will continue in full force and effect, including our right to use Your Content as detailed in Section 3.
AeroCom reserves the right to modify, update, or discontinue the Site at our sole discretion, at any time and without notice or liability.
AeroCom may provide you with notices by email, regular mail or communications through the Site.
Except as otherwise stated in Section 11 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on AeroCom's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that all other provisions of the Terms shall remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with AeroCom's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.