Air by Pleasant Terms and Conditions of Use
TERMS AND CONDITIONS OF USE
Air by Pleasant
2440 Hotel Circle North, Suite 240
San Diego, CA 92108
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Restrictions On Use Of Materials
No material from Air by Pleasant or any Web site owned, operated, licensed, or controlled by ABP may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ABP's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to ABP.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by ABP. ABP does not transfer title to the Software to you. You own the medium on which the Software is recorded, but ABP retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Copyrights, Other Rights
You should assume all materials on this Web site copyrighted unless otherwise noted and not for use without the express written consent of ABP or any third party ABP deems necessary. ABP neither warrants or represents that your use of the material displayed on the ABP site will not infringe rights of third parties. Any product, service, program, or technology described on the ABP site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by ABP. Any such right that is not expressly licensed herein is reserved by ABP.
Images of people or places displayed on the ABP site are either the property of, or used with permission by, ABP. Use of these images by you or other third parties is prohibited unless expressly permitted on the ABP site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Any product, service, program or technology described in any document published by ABP on this site may be the subject of other intellectual property rights owned by ABP. Any such right that is not expressly licensed hereunder is reserved by ABP.
The materials on this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, ABP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ABP does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. ABP does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not ABP) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation Of Liability
Under no circumstances, including, but not limited to, negligence, shall ABP be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if ABP or a ABP authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ABP total liability to you for all damages, losses, and causes of action (whether in contract, tort - including, but not limited to, negligence - or otherwise) exceed the amount paid by you, if any, for accessing this site.
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.