TERMS OF SERVICE
Last Updated: January 30, 2017

Welcome to Speed of Air! Speed of Air is provided by Speed of Air, Inc. (“we,” “our,” or “us”) subject to the following terms and conditions (“Terms of Use”). Please read them carefully. By accessing or otherwise using Speed of Air, you accept the Term of Use and understand that they will be legally binding on you. If you object to any provision of these Terms of Use, please do not access or otherwise use Speed of Air.

1. SPEED OF AIR

“Speed of Air” means the Speed of Air website at www.SpeedofAir.com (the “Website”), any feature, media, or software that is part of the Website, and the services delivered via the Website and any other Speed of Air branded or co-branded websites or applications that link to or reference these Terms of Use.

2. MINIMUM AGE REQUIREMENT

To access or use Speed of Air, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Persons under the age of 18 are not permitted to use Speed of Air.

3. Speed of Air Proprietary RIGHTS AND GRANTS

(a) Title and Copyright in Speed of Air.

It is hereby understood and agreed that, except as provided in Section 4 below, we own all rights, title, and interest, including all copyrights, in and to Speed of Air and any copies thereof, regardless of the media or form in which Speed of Air or copies thereof may exist. Except as expressly provided herein, you do not acquire any rights, title or interest to Speed of Air.

(b) License to You.

We grant you a limited, revocable, non-exclusive, non-transferable license to use Speed of Air, solely in object code format as to any software, solely for your personal use and on the express condition that you accept each provision of these Terms of Use. We do not transfer title to Speed of Air to you. This license does not include any resale or commercial use of Speed of Air. You agree that: (i) you will not copy, distribute, or make derivative works of Speed of Air in any medium without our prior written consent; (ii) you will not alter or modify any part of Speed of Air; (iii) you will not sublicense, assign, delegate, or otherwise transfer this license or any right or obligation related to it for any reason (and any attempt at such transfer will be void); and (iv) you will otherwise act in accordance with the Terms of Use and in accordance with all applicable local, state, and federal laws. This license shall not extend to any third party. Upon any termination of these Terms of Use, this license shall terminate.

SPEED OF AIR is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Any copying or distribution of SPEED OF AIR that exceed the terms of USE constitutes copyright infringement and may be punishable in a federal criminal action by fines and imprisonment. In addition, federal civil remedies for copyright infringement allow for the recovery of actual damages based on the number of copies produced or, if we so elect, statutory damages of up to U.S. $150,000 per work for willful copyright infringement.

We reserve all rights not expressly granted to you under these Terms of Use. We may modify or discontinue any feature or functionality of Speed of Air, or suspend or terminate Speed of Air altogether, at any time and for any reason.

4. CONTENT

“Content” means any and all text, images, photos, audio, video, location data, hyperlinks, programs, and all other forms of data or communication. To “Post” means to post, submit, or transmit to, through, or in connection with Speed of Air. “Your Content” means Content that you Post. “User Content” means Content that users of Speed of Air Post and includes, without limitation, Your Content.

(a) Responsibility for User Content.

All User Content is the sole responsibility of the person or persons who Post it. You agree that we do not control, and are not responsible for, User Content. Under no circumstances will we be responsible for any loss or damage arising from User Content.

You alone are responsible for Your Content. You assume all risks associated with Your Content, including (i) anyone’s reliance on Your Content, (ii) any loss or damage arising from Your Content, and (ii) any disclosure in Your Content of information that makes you personally identifiable.

(b) Editing User Content.

While we are not responsible for User Content, we reserve the right (though not the obligation), in our sole and absolute discretion and for any reason, to screen, refuse to post, reject, edit, remove or otherwise filter any User Content, including: (i) any User Content that we believe violates any of these Terms of Use, (ii) profanity, obscenities, threats of physical violence or damage to property, and (iii) private financial information such as social security numbers and credit card information.

(c) Posting Harmful Content.

Posting any Content in violation of any municipal, state, federal, foreign or other applicable regulation, or law is prohibited. You agree not to Post any Content that: (1) violates any law or regulation; (2) is defamatory or trade libelous; (3) is incorrect, not truthful, threatening, harassing, stalking, vulgar, obscene, pornographic, profane, racially, ethnically or sexually discriminatory in any way, or that otherwise violates any right of another; (4) encourages any conduct prohibited by the Terms of Use; (5) restricts or inhibits any other user from using Speed of Air; (6) impersonates any person or entity, or directly or indirectly attempts to gain unauthorized access to any portion of Speed of Air or any computer, software, or data of any person, organization or entity that uses or accesses Speed of Air; (7) provides or creates links to external sites that violate the Terms of Use; (8) is intended to harm, exploit, solicit, or collect personally identifiable information of any individual under the age of 18 in any way; (9) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and willing consent or distributes or contains viruses or any other technologies that may harm Speed of Air or any of its users; (10) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the license rights granted herein; or (11) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work.

(d) License to Us.

You retain ownership in Your Content, including any intellectual property rights you hold in Your Content. When you Post Content, you grant to us an irrevocable, perpetual, transferable, non-exclusive license, to be exercised by us at our sole and absolute discretion throughout the universe on or through any media and using any technologies, whether now known or later devised, to (i) grant sublicenses, (ii) edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of, and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to that Content; and (iii) copy, publicly display, publish, broadcast, retransmit, and distribute your name or username in association with that Content. By Posting Content, you represent and warrant that you have the necessary rights to grant this license. We reserve the right to ban your use of Speed of Air if you violate another’s intellectual property rights.

(e) Viruses.

You will not knowingly or negligently Post any Content that contains viruses or other computer programming defects. You are advised to make sure each computer you use to access Speed of Air has updated anti-virus software protecting it.

(f) Spamming.

You will not directly or indirectly use Speed of Air for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. “Spam” or “Spamming” means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including any advertisements.

(g) Commercial Use.

You will not promote a business or other commercial venture or event, sell or commercially use any User Content, or otherwise use Speed of Air for commercial purposes, except as expressly permitted by us.

(h) Reuse of Content.

You will not collect, aggregate, copy, harvest, duplicate, display or make derivative use of Content on Speed of Air, or use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us in writing.

5. USER ACCOUNT AND ACCESS

If you create a Speed of Air account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will not, and you will not assist, encourage, or enable others to, attempt to gain unauthorized access to Speed of Air, or computer systems or networks connected to Speed of Air, through hacking, password mining, or any other means.

We reserve the right to refuse service, terminate your account, or ban you from Speed of Air, without notice or liability of any kind, and in our sole discretion.

6. PRIVACY

Please review our Privacy Policy, which also governs your use of Speed of Air, to understand our practices regarding the collection and use of information and data protection. The Privacy Policy is explicitly incorporated into these Terms of Use. You agree to hold us harmless from any claims arising from our disclosure of your personal information or identity made in accordance with these Terms of Use and the Privacy Policy.

7. LINKS TO THIRD PARTY SITES

Speed of Air may include links to other websites or applications (each, a “Third Party Site”). We do 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. You use of Third Party Sites at your own risk.

8. CHANGES TO THE AGREEMENT

We may modify these Terms of Use from time to time, for example, to reflect changes to the law or changes to our services. The most recent version of the Terms of Use may be accessed at any time here. We recommend you look at the Terms of Use regularly. Any amended Terms of Use will become effective upon posting. Changes will not apply retroactively, and you shall have the right to accept or reject the modified Terms of Use, provided that if a you reject the modified Terms of Use, please immediately discontinue use of Speed of Air and cancel your account (if applicable).

9. COMPLAINTS AND INVESTIGATION

We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.

10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and posted on Speed of Air in a way that constitutes copyright infringement, please send the following information to our Copyright Agent identified below:

(i) A description of the copyrighted work that you claim has been infringed;

(ii) A description of where the allegedly infringed material is located on Speed of Air website;

(iii) A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(iv) Your address, telephone number, and email address so that we can contact you;

(v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

(vi) A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Our designated Copyright Agent to receive Notice of claimed infringement is:

Speed of Air, Inc.
Attn: Michael Dalton
1999 Harrison Street 25th Floor
Oakland, CA 94612
email: michael@donahue.com
telephone: (510) 451-0544 Ext 276
fax: (510) 832-1486

Please note: This procedure is exclusively for notifying us that your copyrighted material has been infringed. Any other feedback, comments, requests for technical support, and other communications should be directed to Speed of Air user services at info@speedofair.com.

11. NO WARRANTIES

Speed of Air, including all materials and information included thereon, is furnished “as is” and with all faults. We make, and you receive, no warranties, express, implied, or statutory, in connection with any communication with you. To the maximum extent permitted by applicable law, we disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of Speed of Air will be uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in Speed of Air will be corrected. You expressly assume all risk arising out of the use or performance of Speed of Air, including the risk resulting from support/maintenance services (whether performed in whole, in part, or not at all), from any virus, downloaded material, harmful component, or from any site or server through which Speed of Air is available. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of Speed of Air.

12. LIMITATION OF LIABILITY

The limitation of liability is to the maximum extent permitted by applicable law. As used in this Section, “we,” “our,” or “us” expressly includes Speed of Air, Inc. and/or our officers, directors, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, or any person or entity involved in creating, producing, or distributing Speed of Air.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, whether arising in contract, tort, or otherwise, and INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (including damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) ARISING OUT OF THE USE OF, PARTICIPATION IN, OR INABILITY TO USE SPEED OF AIR, OR THE VIEWING, DISTRIBUTING, COPYING, OR OTHER USE OF ANY CONTENT, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF THE ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”) OF SPEED OF AIR.

13. TERM

The Terms of Use shall continue for as long as you use Speed of Air, or until terminated by you or us, whichever occurs first. You agree, upon termination, to cancel your account (if applicable).

14. INDEMNITY

In consideration of being permitted to use Speed of Air, you agree to defend, indemnify, and hold harmless Speed of Air, Inc., and/or our officers, directors, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, from any claim or demand, including reasonable attorneys’ fees, expert witness fees, and court costs, made by any third party due to or arising out of Your Content or your use of Speed of Air, including any breach by you of the Terms of Use, or any violation by you of any rights of another.

15. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be exclusively interpreted, construed, and enforced in all respects in accordance with the laws of the State of California (U.S.A.) without reference to its choice of law rules. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU Irrevocably CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.

16. GENERAL

These Terms of Use contain the entire agreement and understanding of the parties relating to the subject matter herein and supersede all prior agreements, writings, commitments, discussions, and understandings between them. In the event of any conflict between any provision set forth in Speed of Air and these Terms of Use, the provisions of these Terms of Use shall control. These Terms of Use shall be construed within their fair meaning and no inference shall be drawn against the drafting party. As used in these Terms of Use, the term “including” shall be deemed to mean “including, but not limited to,”. You acknowledge and agree that no reliance is placed on any representation anywhere made that is not expressly contained in these Terms of Use. These Terms of Use, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Except as provided in Section 8 above, no modification of or amendment to the Terms of Use, nor any waiver of any rights under the Terms of Use, shall be effective unless in writing. If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. Any failure on our part to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision, and does not waive our right to act with respect to a subsequent or similar breach or breaches.