The Aireon LLC World Wide Web site is a copyrighted work belonging to Aireon LLC (“Aireon”, “we,” or “us”). Aireon provides messaging, service plan management, and other services (collectively, the “Services”) and certain information, including information about Aireon, our products and services, at the Aireon site at URL: http://www.Aireon.com/ (the “Site”) to our users (“You”) under the following terms and conditions (the “Terms”) as set forth in this General Terms and Conditions of Use Agreement (the “Agreement”). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.
Statements on this website that are not purely historical facts may constitute forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements regarding Aireon’s future financial performance, the development and introduction of new products, the performance of current products, the health of Aireon’s current constellation and network, and the development and deployment of the Iridium NEXT system. Other forward-looking statements can be identified by the words “anticipates,” “may,” “can,” “believes,” “expects,” “projects,” “intends,” “likely,” “will,” “to be” and other expressions that are predictions or indicate future events, trends or prospects. These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Aireon to differ materially from any future results, performance or achievements expressed or implied by such forward-looking statements. Factors that could cause actual results to differ materially from those indicated by the forward-looking statements include those factors listed under the caption “Risk Factors” in the company’s latest Form 10-K and Form 10-Q, filed with the Securities and Exchange Commission. There is no assurance that Aireon’s expectations will be realized. If one or more of these risks or uncertainties materialize, or if Aireon’s underlying assumptions prove incorrect, actual results may vary materially from those expected, estimated or projected.
By accessing the Site or using the Services, You agree to be bound by this Agreement, whether You are a “Visitor” (which means that You simply browse the Site) or a “Registered User” (which means that You have registered with the Site or Services and established an account with Aireon to utilize the Services (an “Account”)). Certain services available through our Site may have their own terms and conditions that apply to Your use of those services. These Terms do not alter in any way the terms or conditions of any of those other written or online terms and conditions or agreements You may have or will have with Aireon. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services You have purchased or online tools You use or to which You subscribe, those other terms and conditions or agreements will govern.
The Site is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain personal information from people we actually know are under 18 years old, and no part of the Site or Services is designed to attract people under 18 years old. If we later obtain actual knowledge that a user is under 18 years old, we will take steps to remove that user’s personal Information from our databases. By using our Site, You represent that You are at least 18 years old.
1. INTRODUCTION. Welcome to the Site. This Site offers a wide variety of resources, products and services which may be accessed through a variety of means. We hope You find the information and services available on the Site useful and helpful.
2. USERS. All users of the Site or Services who submit or otherwise provide information to Aireon, agree that such information is true, accurate, current and complete and agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your use of the Site or Services (or any portion thereof).
a) VISITORS. Visitors may browse the Site in accordance with this Agreement and will not have access to certain Services without becoming a Registered User.
b) REGISTERED USERS. Certain Services are only available to Registered Users who are required to set up an Account prior to accessing such Services. When You set up an Account, You are required to enter a subscriber number and personal identification number (“Password”) to access the Services. You may not transfer or share Your subscriber number, Password or Account (collectively, the “Account Information”) with anyone, and You are solely responsible for maintaining the confidentiality of Your Account Information and You are fully responsible for all activities that occur under Your Password or Account identification. You agree to immediately notify us of any unauthorized use of Your Account Information or any other breach of security. You are solely responsible for any and all use of Your Account. Without limiting any rights which Aireon may otherwise have, Aireon reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and Your Account, including without limitation terminating Your Account, changing Your Password, or requesting additional information to authorize transactions on Your Account. Notwithstanding the above, Aireon may rely on the authority of anyone accessing Your Account or using Your Password and in no event and under no circumstances shall Aireon be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of Aireon under this provision, (ii) any compromise of the confidentiality of Your Account or Password, and (iii) any unauthorized access to Your Account or use of Your Password. You may not use anyone else’s Account at any time, without the permission of the Account holder.
The security of Your personally identifying information is important to us. While there is no such thing as perfect security on the Internet, we will take reasonable steps to help ensure the safety of Your personally identifying information. However, You understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that Aireon makes no warranty, guarantee, or representation that use of any portion of our Site is protected from viruses, security threats or other vulnerabilities.
3. ACCESS RIGHTS. We hereby grant to You a limited, non-exclusive, non-transferable Access Right to access the Site and use the Services solely for internal business purposes and personal use only as permitted under this Agreement (“Access Rights”). You understand and acknowledge that the Site and Services are the property of Aireon, and You may not prepare derivative works of, modify, distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner the Services, the Site or any underlying software, technology or other information, including any printed materials of the same, unless expressly authorized hereunder. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by this Agreement. You agree to be responsible for any act or omission of any users who access the Site or Services under Your Account or using Your Password that, if undertaken by You, would be deemed a violation of this Agreement, and that such act or omission shall be deemed a violation of this Agreement by You. We reserve the right, in our sole discretion, to deny use of the Site or Services to anyone for any reason.
4. YOUR RESPONSIBILITIES AND ACCEPTABLE USE OF THE SITE AND SERVICE. You agree not to use the Site or Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or (e) interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You. Without our written consent, You may not (i) allow, enable, or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via email (spam); (ii) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. All information that You provide to us will be true, accurate, complete and current.
Use of the Site requires that You comply with certain acceptable use policies we may establish from time to time. As part of Your responsibilities as a Visitor or a Registered User of the Site, You agree that You will not: (a) use the Site or any Service in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; (b) infringe someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; (c) advocate or solicit violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party; (d) constitute unsolicited or unauthorized advertising, junk or bulk email (spam), chain letters, or any other unsolicited commercial or non-commercial communication; (e) interfere with others using the Site; (f) use the Site in any manner that uploads or otherwise spreads any software viruses, worms, time bombs, corrupted files, trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment; (g) use the Site in any manner that contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme; (h) disrupt, interfere or inhibit any other user from enjoying the Site or other affiliated or linked websites, material, contents, products and/or services; (i) use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or Services; (j) create a false identity for the purpose of misleading others; (k) prepare, compile, use, download or otherwise copy any user information and/or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (l) use any Aireon domain name as a pseudonymous return email address; (m) attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into the Services and/or the Site; (n) reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Site or access to the Site; or (o) systematically collect or use any content from the Site or Service, including through the use of any data mining, or similar data gathering and extraction methods.
6. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site or Services. If You object to any such changes, Your sole recourse will be to cease using the Site or Services. Continued use of the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
8. PRODUCT AND SERVICE INFORMATION. Aireon does not warrant that any information, graphic depictions, product and service descriptions or other content of the Site are accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event Aireon determines that a product or service contains an inaccurate price or description, Aireon reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error. You agree to notify Aireon immediately if You become aware of any pricing or descriptive errors or inconsistencies with any products or services You order through the Site and comply with any corrective action taken by Aireon.
9. THIRD PARTY CONTENT AND MONITORING. Parties other than Aireon may offer and provide products and services on or through the Site. Except for Aireon branded information, products or services that are identified as being offered by Aireon, Aireon does not operate, control, or endorse any information, products, or services on the Site or accessible through the Site in any way. Aireon is not responsible for examining or evaluating, and Aireon does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Aireon does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
10. MESSAGES; REPRESENTATION AND WARRANTY; LICENSE. You are solely responsible for the content of any satellite message You send (“Messages”). Without implying any obligation on our part, we reserve the right to block any Message You send, for any reason, including as required by law or if we believe a Message may create liability for us or violates these Terms. You represent and warrant that Your Messages: (a) do not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) do not violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing export control; (c) are not defamatory or trade libelous; (d) are not pornographic or obscene; (e) do not violate any laws; and (f) do not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. Notwithstanding the foregoing, and except as otherwise provided in a written agreement between You and Aireon, You grant to Aireon a non-exclusive, royalty-free license in and to all Messages to use, copy, display, perform, modify, and distribute the Messages solely as necessary to provide the Services and to perform our obligations under this Agreement.
11. LINKS. Our provision of a link to any other website or location is for Your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Access to any other websites linked to the Site is at Your own risk. When leaving the Site, You should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third party website. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
12. COPYRIGHTS; RESTRICTIONS ON USE. Both Our Content as well as Our Technology (refer to item 19 for definitions) are (1) copyrighted by Aireon and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by Aireon or its licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology. Nothing in these Terms grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms.
14. TERMINATION. Aireon may terminate Your use of the Site, Your Account and/or registration for any reason at any time. You understand that termination of this Agreement and Your Account may involve deletion of Your information from our live databases as well as any content that You uploaded to the Site using such Account. Either party may terminate this Agreement upon material breach of the other party, if such material breach continues for thirty (30) days after written notice of such breach is provided to the breaching party. Notwithstanding the foregoing, we also reserve the right to terminate this Agreement at any time and for any reason by providing notice to You in accordance with this Agreement. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.
15. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. AIREON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. AIREON MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AIREON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIREON OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AIREON OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE SERVICES. THE AGGREGATE LIABILITY OF AIREON TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
17. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Aireon, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) any information You submit, post or transmit through the Site or Services, (2) Your use of the Site or Services, (3) Your violation of this Agreement, (4) Your violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Services.
18. TRADEMARKS. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, tradenames, service marks or logos (“Marks”) of Aireon or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
19. EXPORT. The software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) is controlled for export by the United States Department of Commerce. Neither Our Technology nor the content of the Site and Services (“Our Content”) may be exported or re-exported in violation of United States law. You warrant that You are not prohibited from receiving exports from the United States and that You will not export or re-export Our Technology or software to restricted countries or individuals. See www.bis.doc.gov for further information about U.S. export laws and restrictions.
21. MISCELLANEOUS. Unless otherwise set forth in a services delivery agreement between You and Aireon, this Agreement constitutes the entire and exclusive and final statement of the agreement between You and us with respect to the subject matter hereof, and governs Your access to the Site and Your use of the Services, superseding any prior agreements or negotiations between You and us with respect to the subject matter hereof. The Agreement and the relationship between You and Aireon will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Agreement, or Your use of, the Site or Services must be instituted exclusively in the federal or state courts located in the Commonwealth of Virginia and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Site or Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect. You and we are acting as independent contractors, and nothing in this Agreement creates an agency or partnership. You may not assign Your rights under this Agreement without our prior written consent, and any attempted assignment will be null and void.
22. SURVIVAL. The terms of Sections 8 through 17, and any other limitations on liability explicitly set forth herein, will survive the expiration or earlier termination of the Agreement for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to Our Content, Our Technology and the Site or Services will survive the expiration or earlier termination of the Agreement for any reason.