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
We may revise these Terms from time to time in our sole discretion. Before we make
any changes to the Terms, we will notify you (1) by email, if commercially practicable,
and (2) in any event, by posting a prominent notice on the Site. Any changes will take
effect five (5) days after we post those changes to the Site. Your continued use of
the Services following the effectiveness of any changes constitutes your binding acceptance of those changes
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 this Terms,
which are incorporated herein by reference), constitute the entire agreement and
understanding between the parties regarding the subject matter of these Terms. Notwithstanding
the foregoing, you and Airlift may agree to supplement or modify these Terms in a writing
signed by both parties. In the event of any inconsistency between these Terms
and such a writing, the provisions of that writing will control.
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.