Terms of Service

 

Last revised on: 1/28/2016

 

Welcome! Via Airlift, Inc. (us”, “our”, we”, and “Airlift) is the owner and operator of the www.viaairlift.com website (the “Site”), as well as the platform we developed for unattended retail transactions (the “Services”). The Services allow users to select and pay for food, snacks, or other perishable or nonperishable items (each a “Product”) located in a refrigerator or kiosk owned by Airlift or an Operator (defined below).

 

Depending on where you access the Services, the Services may be operated by us or by a third party channel partner (an “Operator”) who is responsible for selecting and restocking Product for that particular location.

 

1.         Acceptance of the Terms

 

Please read these terms of using the Services and accessing the Site (these “Terms”) carefully. These Terms form a contract between you and Airlift and contain the terms and conditions that govern your use of the Services and access to the site. The Terms also describe your rights and responsibilities and what you can expect from the Services and the Site.

 

Accessing the Site or using the Services constitutes your acceptance and agreement to these Terms.

 

If you do not agree with anything in these Terms, you must not access the Site or Services and/or must immediately stop using the Site or Services. You may only use the Site and Services in compliance with these Terms and only if you are legally capable of forming a contract with Airlift.

 

Please note that throughout these Terms, you will see capitalized words or phrases. These capitalized words and phrases are defined terms. The defined terms are first set off from the other text in parentheses and bold, italicized text. Their definitions are found either in this document or in our Privacy Policy, found here.

 

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. Please see Section 15, below, for more information.

 

2.         Changes to the Terms

 

Airlift reserves the right to add, delete, or modify any term or condition in these Terms at any time and in its sole discretion. If we make a change to any term or condition, we will notify you by posting a change notice on the Site. In the event we determine that a change is substantive, you may be notified of the change by email. If any modification is unacceptable, you should immediately stop using the Site or Services.

 

Your continued use of the Site or Services following notice of a change in the Terms will constitute your binding acceptance of the changes.

 

3.         Use of the Site and Services

 

3.1        Access

 

Subject to these Terms, Airlift hereby grants you a non-transferable, non-exclusive right to use the Site and Services for your personal use.

 

3.2        Permissible Uses

 

You may only use the Site and Services as expressly permitted by us. Your right to access the Site and use the Services is personal to you and is not transferrable by you to any person or entity. You may only access the Site and use the Services for lawful purposes.

 

You agree that you will not do any of the following:

 

            (i)         Use any robot, spider, script, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor any portion the Site or Services without our prior written consent, which consent may be withheld for any reason;

 

            (ii)         Use the Site or Services in any manner that could damage, disable, overburden, disrupt or impair any Airlift server, the networks connected to any Airlift server, or interfere with anyone else’s use and enjoyment of the Site or Services;

 

            (iii)        Disobey any applicable policies or regulations of networks connected to the Site or Services;

 

            (iv)        Modify, adapt, translate or reverse engineer the Site or Services;

 

            (v)        Frame or reformat the Site or Services in any way;

 

            (vi)        Collect information about any third parties by using the Site; or

 

            (vii)       Become an Airlift Account Holder (as defined below) using any automated means or under false pretenses.

 

3.3        Ownership of Site and Services

 

Airlift solely and exclusively owns all intellectual property and other rights, title, and interest in and to the Site and Services or is using such rights with permission, except as expressly provided in these Terms.

 

You will not acquire any right, title, or interest to the Site or Services or to any intellectual property owned by us by virtue of using the Site or Services, except as otherwise specified in these Terms. We reserve all rights not expressly granted in these Terms. Any violation of this requirement may result in copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

 

3.4        Feedback

 

By sending or submitting messages to Airlift about the Site or Services, including but not limited to images, feedback, suggestions, ideas, or any other commentary you have generated (“Feedback”), you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, distribute, sublicense, prepare derivative works of, or incorporate the Feedback into other works, the Site, or the Services.

 

4.         Registered Accounts

 

4.1        Creation; Maintenance

 

In order to access and use certain features of the Services, you must register for a user account with us (become an “Airlift Account Holder”) and provide certain information about yourself as required by our registration form (create an “Airlift Account”). As a part of creating an Airlift Account you will fund your Airlift Account using an accepted credit or debit card (create an “Airlift Account Balance”) as a prepayment for Products available through the Services.

 

As an Airlift Account Holder you are able to, among other things, (i) load money into your Airlift Account Balance using an accepted credit or debit card, (ii) make purchases using the value of your Airlift Account Balance, and (iii) receive or be eligible for certain promotions, offers, or loyalty programs.

 

As an Airlift Account Holder, you must keep your Airlift Account information complete, accurate, and current at all times. You agree to maintain the security of your Airlift Account information and that you are responsible for all activity in connection with your Airlift Account. In the event you become aware of any unauthorized use of your Airlift Account or you suspect unauthorized use of your Airlift Account, you agree to immediately notify us. You also warrant that your use of a particular credit or debit card is authorized and that all information you provide to us, or our designated third-party payment processor, is true and accurate. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

4.2        Promotions, Offers, Loyalty Programs

 

We reserve the right to place expiration dates and usage limits on any promotions, offers, or loyalty programs. Any promotional products or funds provided by us to you during signup or during your term as an Airlift Account Holder will not be available for refund in the event you are eligible to receive a refund of the value of your Airlift Account Balance pursuant to these Terms.

 

4.3        Text Messaging

 

By creating an Airlift Account, you agree that we may send you text messages as part of your use of the Services. For example, we will send you a text message when you prompt the Services to reset your Airlift Account PIN. You may opt-out of receiving text messages from us at any time by [texting the word STOP to +1 360-930-3432 from your phone]. You acknowledge that opting out of receiving text messages will impact your use of the Services.

 

5.         Payments; Refunds

 

5.1        Unregistered Single Transaction

 

You agree that purchasing Products through the Services will result in a charge to the credit or debit card you supply during the checkout process. By submitting your credit or debit card information to Airlift, you are authorizing us to charge the cost of the Products (including any applicable taxes) and warrant that your use of a particular credit or debit card is authorized and that all information you provide to us, or our designated third-party payment processor, is true and accurate.

 

5.2        Purchases made with Airlift Account Balance

 

In the event you make a purchase while logged in to your Airlift Account and you have an available Airlift Account Balance, you agree that any purchase will result in a deduction of your Airlift Account Balance equal to the amount of the cost of the Products (including any applicable taxes). By completing the transaction, you are authorizing us to deduct such amount from your Airlift Account Balance.

 

5.3.       Refunds

 

You may request and receive a refund if you are unhappy with any Product you purchased. Refunds willbe paid by check within 45 days of the request. If you made a purchase using your Airlift Account Balance, we will credit your Airlift Account Balance for the amount of such purchase within 3-5 business days.

 

6.         Airlift Account Balance

 

6.1        Airlift Account Balance Minimums; Refills

 

As an Airlift Account Holder, you are required to maintain a minimum Airlift Account Balance, such minimum to be stated during your Airlift Account creation or thereafter changed by notice to you. If your Airlift Account Balance falls below the required minimum, Airlift will charge the credit or debit card information tied to your Airlift Account for the amount then currently authorized in your Airlift Account (a “Refill”). In the event a Refill does not bring your Airlift Account Balance above the required minimum, additional Refills may occur to bring your total Airlift Account Balance above the required minimum balance.

 

If your Airlift Account Balance falls below the required minimum balance and a Refill fails, we will provide you notice and request you update the credit or debit card information tied to your Airlift Account. If a Refill fails and results in a negative Airlift Account Balance, we reserve the right to suspend, limit your access to or terminate your use of the Site or Services.

 

Airlift is not a bank or other type of chartered depository institution. No interest, dividends or any other earnings on funds deposited to your Airlift Account Balance will accrue or be paid or credited to you by Airlift. The values associated with your Airlift Account Balance is not a deposit obligation and is not insured for your benefit by the Federal Deposit Insurance Corporation or any other governmental agency.

 

6.2        Dormant Accounts

 

If you do not log in to the Services for more than a year, we will provide you with a notice that your Airlift Account is considered dormant. If your Airlift Account Balance has any funds in excess of any promotional funds, we will request that you provide us with a mailing address in order to mail you a check for your remaining Airlift Account Balance less any promotional funds. If you do not provide us with a mailing address and your Airlift Account has been dormant for more than two years, we may escheat (send) your Airlift Account Balance less any promotional funds to the State of Washington. If you would like to claim any escheated Account Balance from Washington, please contact Washington’s Unclaimed Property Administrator.

 

6.3        Billing Errors, Corrections

 

We reserve the right to correct your Airlift Account Balance if we believe that a clerical, billing or accounting error occurred. If you have any questions about your transaction history or any correction, please email us at contactus@viaairlift.com. We will conduct an investigation and relay a summary of the results and correct any verified errors once we finish the investigation. If no errors are found, we will relay a summary to that effect.

 

We shall have no liability for any billing error unless you provide us notice within 45 days of the date of the transaction in question. You should monitor your Airlift Account Balance and transaction history closely.

 

6.4        Transaction Limits

 

We may impose transaction limits on your Airlift Account if we detect potential fraud conducted with or without your knowledge.

 

7.         Disclaimers and Exclusions

 

Airlift provides the Site and the Services on an "as is" and “as available” basis. We do not represent or warrant that the Site, the Services or use of either: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with the hardware or software you use. We make no warranties other than those made expressly in these Terms, and hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.

 

The content provided on the Site or in the Services (whether by us or other users), is for informational purposes only and we do not provide and health or nutritional advice.

 

8.         Relationship with Suppliers and Operators; Release

 

Third party producers (“Suppliers”) provide us with the Products sold through the Services. You agree that we are not liable for the conduct of third parties (including Suppliers and Operators) and that the risk of injury from the conduct of such third parties rests entirely with you. Airlift is strictly providing a platform for the purchase of Products and is not liable for the acts and omissions of our Suppliers or Operators. Because we cannot control the processes and actions of our Suppliers and Operators in preparing the Products, we cannot make any guarantee regarding the accuracy, currency, suitability, quality, of any Product, information, or content provided by our Suppliers or Operators.

 

You agree that Airlift will not be responsible for any loss or damage incurred as a result of your interaction with any Product. If there is any dispute between you and a Supplier or Operator, we are under no obligation to become involved.

 

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, or controversy of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Services users, Suppliers, or Operators.

 

9.         Limitation of Liability

 

AIRLIFT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR THE SERVICES OR THESE TERMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to fifty dollars ($50) or the amounts paid to us hereunder in the six months prior to the claim, whichever is less. The existence of more than one claim will not enlarge this limit.

 

10.        Indemnification

 

You agree to indemnify and hold us (and our officers, employees, agents, successors, and assigns) (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of these Terms through any act or omission. If you must indemnify us, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

 

11.        Cancellation

 

11.1      Access Limitation; Cancellation by Airlift

 

In our sole discretion, with or without notice to you, we may: (i) suspend, limit your access to, or terminate your use of the Site or Services, (ii) suspend, limit your access to, or terminate your Airlift Account, and (iii) prohibit you from using the Site or Services. If you have an Airlift Account Balance and we terminate or cancel your Airlift Account, we will follow request a primary mailing address for the refund of your Airlift Account Balance less any promotional funds still remaining or any pending purchases. If you do not respond to our request for a mailing address within three years, we may follow the escheatment procedures described in Section 6.2. for dormant accounts.

 

We will send an invoice to the email address on your Airlift Account for any negative balance if we terminate your Airlift Account. All such invoices are payable upon receipt. Airlift reserves the right to apply reasonable late fees and/or interest on any Airlift Account Balance that remains negative in excess of 30 days. Airlift may pursue collection via a third party collection agency of any Airlift Account that remains negative in excess of 120 days. You agree to pay the expenses of any such third party collection agency, including any court costs, filing fees, and reasonable attorney’s fees.

 

11.2      Airlift Account Holder Account Cancellation

 

If you are an Airlift Account Holder, you may cancel your Airlift Account at any time from the settings menu after logging into your Airlift Account. Note that you will only be able to cancel your Airlift Account if you do not have a negative Airliift Account Balance.

 

11.3      Refund of Airlift Account Balance on Airlift Account Closure

 

If your Airlift Account Balance has any funds in excess of any promotional funds, we will request that you provide us with a mailing address in order to mail you a check for your remaining Airlift Account Balance less any promotional funds or pending purchases. It is your responsibility to provide us with an accurate mailing address.

 

12.        Notices

 

All notices required or permitted under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) email.

 

To give us notice, you must use the following addresses: Via Airlift, Inc., Attn: Legal, 12443 Bel Red Road #383, Bellevue, WA 98005, or contactus@viaairlift.com.

 

If we provide notice to you, we will use the email address in your Airlift Account.

 

All notices will be deemed received as follows: (i) if by delivery by U.S. mail, five (5) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by email, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

 

13.        Third Party Sites and Services

 

Airlift may use third parties to provide certain services accessible through the Services (such as payment processing) or provide links to third party websites or services (collectively “Third Party Services”). We do not control those third parties or the services provided, and you agree that we will not be liable to you in any way for your use of such services or any charges incurred by you while using such services. These third parties may have their own terms of service and other polices. When you use those services or access those websites, you must comply with such terms and policies, as well as these Terms. You should make whatever inquiry you believe necessary and appropriate before proceeding with any transaction in connection with any Third Party Services.

 

14.        Trademarks

 

Airlift and the Airlift logo are trademarks of Airlift, Inc., and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other Product trademarks and company names used on the Site or in connection with the Services may be trademarks of their respective owners.

 

15.        Dispute Resolution - PLEASE READ CAREFULLY, THIS AFFECTS YOUR RIGHTS

 

15.1      Arbitration

 

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on any award may be entered in any court having jurisdiction.

 

Notwithstanding the foregoing, claims of infringement or misappropriation of another party’s patent, copyright, trademark, or trade secret shall not be subject to this agreement to arbitrate. Such claims shall be brought exclusively in the state or federal courts of King County, Washington. Additionally, notwithstanding this agreement to arbitrate, the parties shall not be precluded from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

 

15.2      Class Action Waiver

 

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and Airlift specifically agree to do so in writing following initiation of an action. This provision is not applicable to the extent such waiver is prohibited by law.

 

15.3      Right to Opt Out of Class Action Waiver and Binding Arbitration

 

If you do not wish to be bound by the class action waiver or individual arbitration provisions in this section, you must notify Airlift in writing within 30 days of the date that you accept these terms, unless the law requires a longer period.

 

Your written notification must be sent to Attn: Legal, Via Airlift, Inc., 12443 Bel Red Road #383, Bellevue, WA 98005, or by email at contactus@viaairlift.com, with “Arbitration” as the subject line and must include: (i) your name, (ii) your address, (iii) the phone number included in your Airlift Account, and (iv) a clear statement that you do not wish to resolve disputes with Airlift through individual arbitration.

 

16.        Miscellaneous

 

16.1      Successors and Assigns; Governing Law

 

These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Washington, without reference to conflict of law principles.

 

16.2      Entire Agreement

 

These Terms (including all of the policies and other Agreements described in these Terms, which are incorporated herein by this reference) contain all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

 

16.3      No Waiver

 

No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any such right, power, or privilege.

 

16.4      No Partnership or Joint Venture

 

You and Airlift are independent entities, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

 

16.5      Severability

 

The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.

 

16.6      Headings

 

The headings used throughout these Terms are merely descriptive and not operative and have no legal or contractual effect.

 

16.7      Modification of Site and Services

 

We reserve the right to modify, restrict access to, or discontinue the Site or Services (or any portion of the Site or Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Site or Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or Services shall be subject to these Terms.

 

16.8      Attorney’s Fees

 

If we take legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us.

 

17.        Comments and Questions

 

If you have any comments or questions, you may address them to Via Airlift, Inc., 12443 Bel Red Road #383, Bellevue, WA 98005, or by email at contactus@viaairlift.com.