Aether RF Website Terms of Use

1. Acceptance of Terms

These Website Terms of Use (these "Terms") govern your access to websites and related products and services offered and operated by or on behalf of Aether RF, LLC ("Aether RF," "we," or "us"). These Terms are important and affect your legal rights, so please read them carefully (class action waiver provisions).

By accessing or using https://aetherrf.com/ and our various related websites and services (collectively, the "Aether RF Services"), you agree to be bound by these Terms and all of the terms incorporated herein by reference.

You must be 18 years of age or older and reside in the United States or any of its territories to use the Aether RF Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not, authorize you to access or use the Aether RF Services or any features provided therein.

By accessing or using the Aether RF Services, you represent and warrant that you have not been previously suspended or removed from the Aether RF Services or engaged in any activity that could result in suspension or removal from the Aether RF Services.

If you wish to purchase any product or service made available through the Aether RF Services, whether directly or through a distributor (each a "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number and your billing address. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments. We reserve the right to refuse or cancel your order at any time, and no refunds are provided. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Some parts of the Aether RF Services are billed on a subscription and/or device usage basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set based on the type of subscription plan you select when purchasing a Subscription. If you cancel or remove device(s) during any monthly billing cycle you will not be entitled to any refund for that particular month. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions. You may cancel your Subscription renewal either through your online account page or by contacting our customer support team. We may, our sole discretion and at any time, may modify Subscription fees for the Subscriptions, and any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Aether RF Services after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

You should not construe Aether RF's publication of any content found on the Aether RF Services as an endorsement by Aether RF of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, or action made by the author of such content.

We may revise these Terms at any time for any reason and may provide notice of these changes to you by any reasonable means, including through the Aether RF Services. You can determine when we last updated these Terms by referring to the "Last Updated" legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse, or use the Aether RF Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not, and we do not, authorize you to use the Aether RF Services. We strongly recommend that you periodically visit this page to review these Terms.

2. User Registration

In order to access and use certain areas or features of the Aether RF Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.

You agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Aether RF Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Aether RF Services. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend and/or terminate your current or future use of the Aether RF Services.

By providing information and/or answering questions, you also consent to receive electronic communications from Aether RF (e.g., via email or by posting notices to the Aether RF Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the "unsubscribe" instructions provided therein.

3. Right to Access and Use the Aether RF Services and Content

Unless otherwise indicated in writing by us, the Aether RF Services and all content and other materials contained therein, including, without limitation, any Aether RF service mark or logo and all designs, text, graphics, pictures, information, data, software, other files, and the selection and arrangement thereof (collectively, "Content") are the property of Aether RF or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view, and make personal, non-commercial use of the Aether RF Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Aether RF Services or Content under these Terms, or any other rights thereto other than to use the Aether RF Services in accordance with the rights granted by, and subject to all terms, conditions, and restrictions of these Terms.

You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell, or use commercially the Aether RF Services or Content, (b) distribute, publicly perform, or publicly display the Aether RF Services or any Content, (c) modify or otherwise make any derivative uses of the Aether RF Services or Content, or any portion thereof, (d) use any data mining, robots, or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Aether RF Services or Content, except as expressly permitted by us, (f) use the Aether RF Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (g) interfere with the Aether RF Services or servers or networks used in connection with the Aether RF Services; or (h) use the Aether RF Services or Content other than for their intended purposes.

Any use of the Aether RF Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Aether RF or any third party, whether by estoppel, implication, or otherwise.

You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Aether RF Services (or any features or parts thereof) at any time.

4. Trademarks

The Aether RF logo, and any other Aether RF product or service names, trademarks, logos, or other indicia that may appear on the Aether RF Services ("Marks") are the property of Aether RF or its subsidiaries, affiliates, or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the Aether RF Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Aether RF or such third party that may own such Marks.

5. Legal Requirements; Privacy Policy

Our Privacy Policy describes how we handle the personal information you provide to us when you use the Aether RF Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://aetherrf.com/privacy-policy/.

6. User Content

You are solely responsible and liable for all data, information, and other materials ("User Content") that you submit, upload, post, email, or otherwise transmit ("Transmit") in connection with the Aether RF Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Aether RF Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy, or racially, ethnically, or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Aether RF Services.

Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen, or edit User Content posted or stored on the Aether RF Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Aether RF Services at your sole cost and expense.

7. Rights in User Content

We do not claim any ownership interest in User Content. However, by uploading, posting, or submitting User Content to the Aether RF Services or to our pages or feeds on third-party social media platforms (e.g., Aether RF's Facebook page, LinkedIn page, or X (formerly Twitter) feed), you hereby grant Aether RF a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes. However, Aether RF will only share personal information that you provide in accordance with our Privacy Policy.

You agree that Aether RF may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations, or rules of any federal, state, or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Aether RF, its customers or the public

8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information about Aether RF, or the Aether RF Services (collectively, "Feedback"). Feedback shall become the sole property of Aether RF. Aether RF shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Third-Party Sites

We have not reviewed all of the websites linked to the Aether RF Services and are not responsible for the content of any third-party pages, any other websites linked to the Aether RF Services, or any products or services offered by third parties. Nothing in the Aether RF Services, including, without limitation, any links to other websites, should be construed as an endorsement by Aether RF of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Aether RF reserves the right not to link, or to remove the link, to a particular website at any time.

Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Aether RF. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

10. Indemnification

You shall indemnify, hold harmless, and, at Aether RF's option, defend Aether RF and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by Aether RF resulting from any third-party claim, suit, action, or proceeding relating to or arising from your use of the Aether RF Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Aether RF Services or any of its features. You further agree that Aether RF shall have control of the defense or settlement of any third-party claims unless Aether RF exercises its option to require you to defend Aether RF. You may not settle any such Losses without Aether RF's prior written consent. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Aether RF.

11. General Disclaimers

THE AETHER RF SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AETHER RF DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE AETHER RF SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE AETHER RF SERVICES. AETHER RF HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

AETHER RF DOES NOT REPRESENT OR WARRANT THAT THE AETHER RF SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE AETHER RF SERVICES OR THE SERVERS THAT MAKE THE AETHER RF SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. AETHER RF DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE AETHER RF SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE AETHER RF SERVICES IS AT YOUR SOLE RISK. AETHER RF DOES NOT WARRANT THAT YOUR USE OF THE AETHER RF SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. AETHER RF SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE AETHER RF SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE AETHER RF SERVICES.

12. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AETHER RF BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE AETHER RF SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT, OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM AETHER RF, OR FROM EVENTS BEYOND AETHER RF'S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF AETHER RF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF AETHER RF ARISING OUT OF OR IN ANY WAY RELATED TO THE AETHER RF SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE AETHER RF'S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

13. Class Action Waiver

REGARDLESS OF THE FORUM, YOU AND AETHER RF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Aether RF Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

15. Governing Law and Jurisdiction

Aether RF operates the Aether RF Services from Arizona, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Arizona, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Arizona shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in Maricopa County, AZ., and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.

16. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Aether RF at the following contact: jdickensheets@aetherrf.com. Any notices to you may be made via either email or postal mail to the address in Aether RF's records or via posting on the Aether RF Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Aether RF is committed to making our electronic and information technologies accessible to and user friendly to everyone in accordance with the requirements of applicable laws. Please be aware that we view accessibility as an ongoing effort and are continually seeking solutions that will ensure accessibility to all users. To help develop improvements, maintain conformance, and provide an accessible experience for all users, we test our Site across various assistive technologies, browsers, and devices. We recommend trying different types of browsers with assistive technology applications to determine which combination works best for your system. If you are having difficulty accessing, viewing, or navigating the content on this Site, or notice any content, feature, or functionality that you believe is not fully accessible to individuals with disabilities, please contact support@aetherrf.com and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly. Finally, persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

17. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

18. Miscellaneous

The Aether RF Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and Aether RF relating to your access to and use of the Aether RF Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of Aether RF. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Aether RF's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.