AEROLARRI Terms and Conditions
See our full Privacy Policy at: www.aerolarri.com/privacy. Privacy Policy note: We do not share any personal information with anyone outside of that which is necessary to conduct our normal course of business.
Last Modified: 9/30/2020
Fair Use Policy:
AEROLARRI AR Magazine is a true subscription based editorial magazine, like every other, which adheres to fair use guidelines and positive commentary and/or news articles which will support manufacturers' sales. It uses 3D models in augmented reality as an immersive media form just like regular pictures for the purpose of insight, education, parody, public interest and to promote the progress of science and useful arts. The AEROLARRI AR Magazine is not a game. There is no competitive aspect, gamification, and all subject 3D models' performance characteristics are the same as every other. Performance characteristics are homogeneous in avoidance of game-like properties. Outreach for approval to use certain copyrighted, trademarked, and/or design patented material may be done out of courtesy, but is not mandatory, per fair use law and precedent. The magazine is not associated with or endorsed by any company or entity. Any transformative properties and content delivery forms are implemented and intended to increase manufacturers' sales by increasing exposure, positive artistic interpretation, and/or situational (or other) parody. No copyright is claimed in the magazine and to the extent that material may appear to be infringed, we assert that such alleged infringement is permissible under fair use principles in U.S. (and/or international) copyright laws. If you believe that material has been used in an inappropriate manner, please contact us at [email protected]. The intellectual property depicted in the magazine, including the respective brands, are not affiliated with or endorsed by the original rights holders.The models are inspired by or based off certain car models and are not collaborations with any rights-holders.
"The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License." Android is a trademark of Google LLC.
The Apple logo, and App Store logos are registered trademarks of Apple Inc.
The intellectual property depicted in these car models, including the brand "Koenigsegg" and the Koenigsegg Shield Logo herein, are not affiliated with or endorsed by the original rights holders and is used under editorial fair use guidelines. Koenigsegg has provided no content like CAD files to more accurately represent the cars. As such, the cars are not accurately depicted, and independent transformative artistic interpretation can be observed. The models depicted are NOT designed by Koenigsegg. The Koenigsegg shield logo, and name are registered trademarks of Koenigsegg AG. They are depicted under strict adherence to fair use laws and precedent.
All Koenigsegg article models are not accurate. They were lovingly made and edited by us. Koenigsegg has provided no models or CAD files in support of their construction. As such any AEROLARRI logos in the models serve as a personal artistic signature to showcase that fact. Additional artistic transformative car features can be observed. Only Forgeline CAD files have been used to depict maximal accuracy.
The intellectual property depicted herein, including the brand "Michelin" and the Michelin logo, are not affiliated with or endorsed by the original rights holders and is used under editorial fair use guidelines. Michelin has provided no content like CAD files to accurately represent their products. As such, the products are not accurately depicted, and independent transformative artistic interpretation can be observed. The models depicted are NOT designed by Michelin. The brand name Michelin and the Michelin logo registered trademarks of Compagnie Générale des Établissements Michelin SCA. They are depicted under strict adherence to fair use laws and precedent.
CAUTION: THE AEROLARRI AR Magazine APP IS NOT LIKE ANYTHING YOU HAVE USED, OR EXPERIENCED, BEFORE!
SAEFTY WARNING: Be aware of your surroundings and physical hazards when using augmented reality in this app! Do not walk onto streets, violate pedestrian laws, trespassing, public disorder, or any other laws while using this app, regardless of what you have seen anyone else do. Drivers may not understand what you are doing in the road.
Watch your step! If you are walking while using an AR function beware of obstacles and other people.
Parental supervision and/or authorization is very important when using this AR app.
HoloSpect is not a complete replacement for wheel fitment. Please consult the manufacturer.
TERMS AND CONDITIONS ("Terms")
Terms
Welcome to AEROLARRI. We develop and sell proprietary products, publish real-world augmented reality mobile experiences, including mobile game and/or magazine applications ("Apps"), sell certain tangible products, and operate a real-world augmented reality platform (“Platform”). Please read these AEROLARRI Terms of Service and any applicable App guidelines (the “Guidelines” and, collectively, “the Terms”), because the Terms govern your use of the Apps, Platform, Services, and/or Products (alternately, together, "Services and/or Products"). The Terms also govern your interaction with any websites/Apps we own or operate (“Sites”), purchase of any AEROLARRI merchandise, products, participation in AEROLARRI live events or promotions (“Events”), and more generally your use of any AEROLARRI Services and/or Products (whether independently and/or together with the Apps, Platform, Services and/or Products).
Use of the Services and/or Products is also governed by AEROLARRI´s Privacy Notice available at https://www.AEROLARRI.com/privacy, which is incorporated by reference.
Some exceptions to the Terms may apply based on your country of residence - please see the country-specific sections below.
These Terms are entered into between you and AEROLARRI, a subsidiary of ALARRI LLC. AEROLARRI, a subsidiary of ALARRI LLC and/or owner Chet Baigh are collectively referred to as "AEROLARRI" or “we” in these Terms.
By using the Services and/or Products, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services and/or Products. AEROLARRI may modify these Terms at any time. Please check these Terms regularly and note the date of last update for your reference. It’s important that you review any modified Terms before you continue using the Services and/or Products. If you continue to use the Services and/or Products, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Apps, Platform, Services and/or Products.
If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that AEROLARRI has no obligation to, and will not, reimburse or refund you for Services and/or Products lost due to involuntary suspension or termination of your account.
Privacy
Our Services and/or Products are designed to enable you to interact in shared game worlds blended with information from the real world. To provide the Services and/or Products, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy at www.aerolarri.com/privacy to help you understand what information we collect, how we use it and what choices you have when you use our Services and/or Products.
Use of the Services and/or Products
AEROLARRI prohibits cheating, and we constantly take steps to improve our anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others:
Accessing Services and/or Products in an unauthorized manner (including using modified or unofficial third party software);
Playing with multiple accounts for the same Service;
Sharing accounts;
Using any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or
Selling or trading accounts.
Apps may not work on devices that AEROLARRI detects or reasonably suspects to be cheating, and AEROLARRI will not provide support to App users who attempt to cheat. You agree that AEROLARRI may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorized software. Please see the Guidelines and our Privacy Policy for more information.
Safe and Appropriate Use
While you are using our Apps, Platform, Services and/or Products, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Apps, Platform, Services and/or Products is at your own risk, and that you will not use the Apps, Platform, Services and/or Products to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so. Further, you will not violate any law or ordinance while using our Apps, Platform, Services and/or Products, whether intentionally, or otherwise. This includes, but is not limited to, the examples of pedestrian, motor vehicle, libel, slander, and/or other laws, either directly or indirectly leading to public disorder and/or putting others at risk.
Further, you agree that in conjunction with your use of the Services and/or Products you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
AEROLARRI does not intend Apps to be medical or health devices, or provide medical or health advice.
Your Interactions with Other People and The Usage Environment
You agree that in conjunction with your use of the Apps, Platform, Services and/or Products, you will maintain safe and appropriate contact with other App users and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services and/or Products, you release AEROLARRI (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Eligibility and Account Registration
If you want to use certain Services and/or Products, you may have to create an account with us (an "Account"), and you may also need access to a supported mobile phone and an Internet connection. The help centers at AEROLARRI may contain a list of supported devices. We do not support rooted or jailbroken devices.
You can create an Account using (a) your pre-existing app distribution account; (b) your pre-existing Facebook account, (c) a AEROLARRI Kids account, or (d) such other third-party accounts that we support, as selected by you on the App account creation screen.
You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. AEROLARRI takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.
Account Suspension or Termination
We may suspend or terminate your access to and use of the Services and/or Products, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services and/or Products; or (c) we suspect any other unlawful activity associated with your Account.
You may terminate your Account at any time by visiting the appropriate App distribution channel help centers. Upon termination of any Services and/or Products or your Account, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.
Who May Use Our Services and/or Products
Where Parental consent is required, AEROLARRI recommends that Parents monitor the Child’s online activity and use of the Service.
As a precondition for using the Services, you must agree to these Terms. If you accept these Terms, you represent that you are of an appropriate age within your jurisdiction. If you are not of age or otherwise do not have the authority to enter into agreements such as these Terms, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms. Regardless of whether stated otherwise, elsewhere, for a particular Service and/or Product, children are not allowed to use the Services and/or Products without parental permission. A "Child" is a person (a) under 13 years old (for residents outside of the EEA, except for the Republic of Korea); (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA); or (c) under 14 years old (for residents of the Republic of Korea). It is the user's and/or parent's responsibility to attain, document and deliver to [email protected] a parental user permission for any future reference prior to using the Services and/or Products.
A Parent who wishes to rescind their previously-provided consent to a Child’s access to and use of the Services and/or Products should follow the instructions for Account deletion, which can be found in the respective help centers here.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AEROLARRI DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES AND/OR PRODUCTS, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES AND/OR PRODUCTS BY YOUR CHILD.
Limited License to Use
Subject to your compliance with these Terms, AEROLARRI grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such copy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, by AEROLARRI’s permission, or under applicable law, you may not: (a) copy, modify, or create derivative works or products based on the intellectual property of any and all AEROLARRI products, the Apps, Services and/or Products; (b) distribute, transfer, sublicense, lease, lend, or rent to any third party; (c) reverse engineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means. Additionally, without express permission from AEROLARRI, the Terms do not, in any way, grant to the user or observer, its affiliates and related entities, any royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive or fully transferable, assignable or sublicensable right and license to use, copy, exploit, modify, sell, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display any content in any form, media, software or technology of any kind now existing or developed in the future. AEROLARRI reserves all rights in and to the Apps and other Services and/or Products not expressly granted to you under these Terms or expressly given permission by AEROLARRI.
Content and Content Rights
Subject to your compliance with these Terms, AEROLARRI grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services and/or Products. "Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services and/or Products, including User Content. “User Content” means any Content a user of a Service provides to be made available through Services and/or Products.
Content Ownership
AEROLARRI does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, AEROLARRI and its licensors exclusively own all right, title, and interest in and to the Services and/or Products and Content, including all associated intellectual property rights. You acknowledge that the Services and/or Products and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services and/or Products or Content.
Rights Granted by You
By making any User Content available through the Services and/or Products you grant to AEROLARRI a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and/or Products and Content to you and to others. By accepting these terms, you allow AEROLARRI to benefit freely from the above rights, including but not limited to:
The right to reproduce User Content by any means and in any form.
The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD, and/or print.
The right to use the User Content for demonstration, promotion and advertising for all AEROLARRI Services and/or Products.
The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by AEROLARRI or by any outside party of its choice.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services and/or Products, nor any use of your User Content by AEROLARRI on or through the Services and/or Products will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against AEROLARRI or any third party designated by AEROLARRI.
Trademarks
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site, Services and/or Products or on content available through the Web Site are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.
Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site and/or within the Services and/or Products is owned by or licensed to AEROLARRI, or AEROLARRI believes it has a “fair use” right to use, all subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of AEROLARRI and protected by U.S. and international copyright laws. All software used on the Site is the property of AEROLARRI or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Web Site for the sole purpose of using the Site as a resource. Any other use of materials on the Site including, without limitation, reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, broadcast, display, sale, license, performance, exploitation, or any other purposes whatsoever, without the prior written permission of AEROLARRI, is strictly prohibited. AEROLARRI reserves all rights not expressly granted in and to the Site, Services and/or Products and Site’s materials and content. If you download or print a copy of the Site’s materials or content for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any materials or content or enforce limitations on use of the Site or the materials or content herein.
Trading
Certain Apps permit Account holders to capture and trade virtual items, including but not limited characters or other items ("Trading Items"), during gameplay. Unlike Virtual Money and Virtual Goods, Trading Items are obtained at no additional charge during gameplay. Trading Items are a category of Content, and you acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have monetary value. Trading Items may be traded with other Account holders for other Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Money, Virtual Goods, “real” goods, “real” money, or “real” Services and/or Products, or any other consideration from us or anyone else.
You agree that you will only obtain Trading Items from other Account holders and through means provided by AEROLARRI, and not through any third-party platform, broker, or other mechanism, unless expressly authorized. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account or cancellation of such Trading Items. All Trading Items and other Content are provided "as is," without any warranty, except where prohibited under applicable law.
Virtual Money and Virtual Goods
Certain Apps permit the purchase of virtual currency ("Virtual Money"), specific to each App, and use of that Virtual Money to purchase virtual items or Services and/or Products expressly available for use in the respective Apps (“Virtual Goods”). Virtual Money is a category of Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services and/or Products. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual Money does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type. Except in cases where we sell you access to Virtual Money units, Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” Services and/or Products from us or anyone else. You agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third party unless expressly authorized. Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms and may result in cancellation of such Virtual Money or Virtual Goods or the termination of your Account.
During the term of your license to your Virtual Money, you may redeem your Virtual Money for selected Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided "as is," without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.
Generally, we have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services and/or Products, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Virtual Goods, we will provide at least 60 days advance notice to you by posting a notice through the Services and/or Products or through other communications.
Feedback
You can submit feedback, comments, and suggestions for improvements to the Services and/or Products ("Feedback") by reaching out to us on social media or support channels. Feedback is a form of User Content.
DMCA/Copyright Policy
AEROLARRI respects copyright law and expects its users to do the same. It is AEROLARRI’s policy to terminate and/or seek remedies in appropriate circumstances Account holders or other users who infringe or are believed to be infringing the rights of copyright holders.
Conduct, General Prohibitions, and AEROLARRI’s Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services and/or Products, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
collect, store or share any personally identifiable information of other users from the Services and/or Products without their express permission;
extract, scrape, or index the Services and/or Products or Content (including information about users or gameplay);
use the Services and/or Products or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing Services and/or Products in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;
attempt to access or search the Services and/or Products or Content or download Content from the Services and/or Products through the use of any technology or means other than those provided by AEROLARRI or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services and/or Products or Content;
bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by AEROLARRI or any of AEROLARRI’s providers or any other third party (including another user) to protect the Services and/or Products or Content;
use, display, mirror, or frame the Services and/or Products or any individual element within the Services and/or Products, AEROLARRI’s name, any AEROLARRI trademark, logo, or other proprietary information, or the layout and design of any page or App without AEROLARRI’s express written consent;
post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
access, tamper with, or use nonpublic areas of the Services and/or Products, AEROLARRI’s computer systems, or the technical delivery systems of AEROLARRI’s providers;
attempt to probe, scan, or test the vulnerability of any AEROLARRI system or network or Service, or breach any security or authentication measures;
use any meta tags or other hidden text or metadata utilizing a AEROLARRI trademark, logo, URL, or product name without AEROLARRI’s express written consent;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services and/or Products or Content to send altered, deceptive, or false source identifying information;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services and/or Products;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services and/or Products or the Content;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
Although AEROLARRI is not obligated to monitor access to or use of the Services and/or Products or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services and/or Products, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. AEROLARRI may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services and/or Products. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES AND/OR PRODUCTS, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF AEROLARRI’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Participation in Events
Event Registration and Tickets
The term "Event(s)" means any in-person event, gathering, activity or the like which is directly organized, hosted, or managed by AEROLARRI, and any Promotion (as defined below). By registering or, where required, purchasing tickets for an Event, you represent and warrant that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you have all necessary rights and consents to register and provide this information for others.
Subject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of Event tickets are permitted and tickets are non-transferable. Reasonably acceptable proof of identity, for example a driver’s license or passport, showing the same first and last name as those provided at time of prior registration, may be required to access an Event. Actual or attempted resale of tickets subjects them to revocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and may not be honored. Tickets cannot be replaced if lost, stolen or destroyed. Commercial use of tickets is prohibited without written approval from AEROLARRI. Tickets are not redeemable for cash or credit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating these restrictions are subject to cancellation without notice or refund. Events may have limited space and/or availability and AEROLARRI does not guarantee your ability to purchase a ticket or attend an Event.
Unless otherwise prohibited under applicable law, by attending an Event you acknowledge that AEROLARRI will use your data collected pursuant to the Privacy Policy for providing Event features (both in person and online), including contacting you and giving you updates about the Event, mailing you required materials (e.g., a QR wristband), providing emergency or severe weather notifications, or public Event leaderboards and gameplay competitions.
Event Conduct and Policies
You shall at all times comply with all applicable laws and any rules and policies provided by AEROLARRI or any other authorized party involved in creating or delivering the Event, including all health and safety policies and procedures and all reasonable instructions of the venue staff and AEROLARRI representatives at the Event. As a condition of participation, you agree to comply with all policies on the Sites, including, without limitation, any applicable Event website.
Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. You agree and consent to reasonable security precautions and search on entry. To the fullest extent permitted by applicable law, you waive and release AEROLARRI and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such security precautions and/or searches. If you elect not to consent to such security precautions and searches, you may be denied entry, or removed from, an Event without refund or other compensation.
AEROLARRI and its authorized third parties reserve the right to refuse admission to, or to remove from an Event without refund or compensation of any kind, any person that (a) does not comply with these Terms, (b) engages in disorderly conduct or willful misconduct, or (c) AEROLARRI or its authorized third parties believe will cause a negative effect on the Event, participants, spectators, and/or personnel.
Any minor attending an Event must be accompanied by a Parent.
Assumption of Risks
Unless prohibited by applicable law, you agree that by purchasing tickets to, participating in or attending an Event, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Event, including injury by any cause and damage, loss, or theft of property. You acknowledge that Events, and certain activities at Events, have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d) weather related hazards, (e) inadequate first aid and/or emergency measures, (f) judgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or spectator behavior or errors in judgment by personnel at the Event), and (g) natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before attending or participating in an Event and its activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the Event grounds, facilities, equipment and areas to be used, and that by participating in the Event, you acknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Event.
To the extent permitted under applicable law, you hereby waive and release AEROLARRI and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or Event participants and spectators.
Event Features and Cancellation
Subject to applicable law, all schedules and any live or in-game experiences, activities, goods, Services and/or Products, perks, items, rewards and/or Content (collectively "Event Features") advertised in connection with an Event are not guaranteed and are subject to change and/or cancellation at any time prior to or during an Event without notice or compensation of any kind. Admittance to an Event does not guarantee any specific Event Features while at the Event.
Event date, time and/or location are subject to change at any time, and AEROLARRI will make a commercially reasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of the ticket price at its face value with no further liability or compensation from AEROLARRI or any other party. Any travel or accommodation costs incurred are entirely your responsibility.
Recordings and Use of Likeness
You consent to and approve of AEROLARRI’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Events and the royalty free use of this information subject to the same "Rights Granted by You" above. AEROLARRI may publish the results of any competitions (including rankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing materials and on social media in accordance with these Terms.
Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
Periodically, AEROLARRI and/or its partners may organize sweepstakes, contests, raffles, surveys, games, and similar promotions on the Services and/or Products (each a "Promotion"). In addition to these Terms, Promotions will be subject to particular terms which we shall communicate to you at the time of these Promotions (“Promotional Terms”). By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supercede these Terms. AEROLARRI urges you to read the Promotional Terms. Our Privacy Policy, in addition to these Terms and any Promotional Terms, governs any information you submit in connection with such Promotions.
Beta Programs
AEROLARRI may offer you early access to certain pre-release mobile application software ("Beta Software") in order to allow you to test and provide feedback on Beta Software as part of AEROLARRI’s beta testing program (“Beta Program”). This Section only applies to closed Beta Programs, where AEROLARRI offers private access to selected testers. This Section does not apply to open betas that AEROLARRI makes publicly available on an app store.
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that AEROLARRI may provide to you in connection with the Beta Program ("Test Materials"), the Beta Software, as well as everything related to the Beta Program is the exclusive property of AEROLARRI, is confidential, and should be treated as confidential until such time as AEROLARRI releases it.
If AEROLARRI offers you access to the Beta Software, then, subject to your compliance with these Terms, AEROLARRI grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not:
copy, modify, or create derivative works based on the Beta Software;
give or sell the Beta Software to anyone;
reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Beta Software;
install the Beta Software on systems you don’t directly control or that you share with others;
discuss the Beta Software with or demonstrate it to anyone outside of AEROLARRI;
blog, tweet, or otherwise publicly post information about the Beta Software;
take screenshots, photos, videos, or audio recordings of the Beta Software unless AEROLARRI has allowed you to do so in writing; or
make Beta Feedback (as defined below) available to any third party, unless approved by AEROLARRI in writing and in advance.
Be careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph the Beta Software. Please notify AEROLARRI promptly of any unauthorized access or of any suspected breach of your account’s security.
AEROLARRI may collect your comments, suggestions, and feedback on the Software, and may also track your use of the Software through analytic tools, in accordance with AEROLARRI’s Privacy Policy. All such comments, suggestions, feedback, and analytic data (collectively, the "Beta Feedback") is the exclusive property of AEROLARRI.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and AEROLARRI, and you will not be compensated for your participation or any Beta Feedback.
Unless prohibited by applicable law, all Test Materials are provided to you "as is" without any explicit or implicit warranty of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, AEROLARRI is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to AEROLARRI, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, AEROLARRI will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.
Third Party Websites or Resources
Services and/or Products may contain links to third party websites or resources. AEROLARRI provides these links only as a convenience and is not responsible for the content, products, or Services and/or Products on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
AEROLARRI is not responsible for the availability or quality of third party Services and/or Products, including cell phone networks, hotspots, wireless internet and other Services and/or Products. Such third party Services and/or Products may affect your ability to utilize the Services and/or Products or participate in an Event and you hereby waive and release AEROLARRI and any other party involved in creating or delivering the Services and/or Products from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party Services and/or Products.
Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND/OR PRODUCTS AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES AND/OR PRODUCTS WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND/OR PRODUCTS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND/OR PRODUCTS. YOU UNDERSTAND THAT AEROLARRI DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES AND/OR PRODUCTS. AEROLARRI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES AND/OR PRODUCTS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND/OR PRODUCTS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND/OR PRODUCTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER AEROLARRI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES AND/OR PRODUCTS OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES AND/OR PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES AND/OR PRODUCTS OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES AND/OR PRODUCTS OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND/OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AEROLARRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AEROLARRI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES AND/OR PRODUCTS OR CONTENT EXCEED ONE DOLLAR ($1) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AEROLARRI AND YOU.
EXCEPT WHERE PROHIBITED BY LAW, AEROLARRI, ITS PARENT AND ASSOCIATES WILL NOT BE LIABLE FOR ANY LOSS, INJURY, FATALITY, OR DAMAGE ARISING FROM THE APP, SERVICES, AND/OR PROTUCT(S), WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, REGARDLESS OF LEGAL THEORY ASSERTED.
Limitation of Liability Expanded to Physical Products
INDEMNIFICATION
You (the “Buyer”) agree to indemnify, defend, and hold harmless AEROLARRI, its parent company(ies), stakeholders, officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by us, you or any other person accessing the site using your Internet account.
LIMITATION OF LIABILITY / TERMS AND CONDITIONS
IN NO EVENT SHALL AEROLARRI, THE SERVICE PROVIDERS, AND/OR ITS PARENT COMPANY(IES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER INCLUDING DEATH, WHETHER IN ACTION OR UNDER CONTRACT, TORT OR OTHERWISE. Under no circumstance, including, but not limited to, negligence, insufficient engineering, insufficient manufacture, proper or improper installation, shall AEROLARRI and/or its parent company(ies) be civilly or criminally liable for any damages or death that may result from the use or misuse of, or inability to use, the information, materials or products contained in or purchased from this site, shop or affiliated shops. The parts sold are not for highway or road use. Further, AEROLARRI and/or its parent company(ies) shall have no liability or responsibility for any delay in the delivery, installation or use of the products, guidance or installation directions, as well as the service life of the products, performance, applicability for the use intended, proper installation, or the accuracy of information provided. It shall be understood that installing any product sold by AEROLARRI and/or its parent company(ies) shall destroy the part(s) to which they attach, the entire vehicle, and/or the intrinsic or resale value of any such vehicle or other asset, and that AEROLARRI and/or its parent company(ies) assume no civil or criminal liability for this whatsoever. The installation process/ product is legally considered permanent. Legally, the buyer should consider that the any parts should be considered completely destroyed, and the cars title value diminished to that currently forecasted amount averaged over all similar cars' resale and/or collector value. Nor shall AEROLARRI and/or its parent company(ies) compensate any Buyer(s) with monies or other items of value as compromise or resolution to any dispute. Should AEROLARRI and/or its parent company(ies) alleviate hardship in this, or in any other manner in certain instances, it shall be at the discretion of AEROLARRI and/or its parent company(ies), and shall not void, cause to diminish, or by means of precedent, limit or alter any of the clauses herein. AEROLARRI and/or its parent company(ies) has no liability for any computer virus or other computer disruptions or damages to any software or hardware of any user of this site. Any goods provided to you by AEROLARRI AND/OR ITS PARENT COMPANY(IES) other than as expressly provided in a written agreement between you and AEROLARRI AND/OR ITS PARENT COMPANY(IES) are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantibility or fitness for a particular purpose, or the warranty of non-infringement of trademarks, trade dress, copyrights, patents, or other rights held by others.
AEROLARRI AND/OR ITS PARENT COMPANY(IES) does not endorse, nor recommend modification of vehicles for use in public highways or streets, since warranty or government regulations may be violated. It is the Buyer’s sole responsibility to ascertain the legality of the product, and/or its uses under any circumstances. As an express condition of sale of any performance part, the buyer acknowledges and agrees to use the performance parts for the modification of vehicles in sanctioned off-road competitive events only. While every effort is made to provide technical information and assistance, we have no control over owner installation, modification, and unusual stress to which any performance parts are subject. The buyer assumes all responsibilities for determining the suitability of the product. All aftermarket products should always be installed by professional customization shops only. Any contradictory indication, statements, sentiments, directions, practices, or value propositions found online, within videos, on the AEROLARRI website, other media or heresy, shall not, under any circumstances, supersede this Limitation of Liability of the Service Providers and/or including AEROLARRI AND/OR ITS PARENT COMPANY(IES).
MATERIALS OF BODY PARTS:
Buyer fully understands that all parts are sold "as is" with no warranty expressed or implied; due to the fact that our parts are made of fiberglass, carbon fiber, a combination of carbon fiber and fiberglass, ABS, PLA silicone glue, or other plastics, certain resins and/or compounds, metal parts and/or other materials. Buyer also understands that due to strict U.S. Federal and State Safety crash guidelines, AEROLARRI AND/OR ITS PARENT COMPANY(IES) is not responsible or liable for any damages or possible injury incurred upon possible accidents due to driver error, part failure, any adverse health reactions to materials used, incorrect installations, bad judgment, expectations of a product’s utility and benefits, or act of nature or Force Majeure. All parts are only recommended for and legal to be used for off-highway and off-public road use such as track racing or for exhibition show only. Buyer understands that certain parts/products may need modifications for correct fitment such as removal of safety reinforcements, removal of factory bumper lights/side marker indicators, shaving, molding, etc. It is the buyers’ responsibility that the product(s) purchased are legal under the applicable laws of any given U.S. state, or countries outside of the USA. Only a highly skilled automotive technician should install and/or paint any products for factory or show quality look and safe functionality.
AEROLARRI does not in any way guarantee any third party product for suitability for any purpose. AEROLARRI does not responsible or liable for the failure or insufficient suitability of any third party product. It is the customer who makes the choice of third party products to purchase in relation to any AEROLARRI product regardless of whether AEROLARRI details and/or promotes third party products products as examples.
CARB WARNING: Certain products have not been exempted by the California Air Resources Board and is not legal for advertising, sale, offering for sale, or installation in California. These products are a RACE ONLY product manufactured and sold for installation on vehicles to be used solely for competition purposes, which, once installed, may never be used, or registered or licensed for use upon a California public road or highway. If you install this part on a vehicle and that vehicle is used on a California public road or highway, you will be considered in violation of California anti-tampering laws, Vehicle Code Sections 27156 and 38391 and California Code Regulations, Title 13, Section 2472(a) and will incur heavy fines. In addition all sales are shipped FOB shipping point and customers shall defend, hold harmless, and indemnify AEROLARRI from any losses due to breach of local, state, or federal laws or standards. It is the customer's responsibility for assessing a given product's compliance with this or any other code.
ACCEPTANCE OF TERMS, CONDITIONS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
By purchasing any product from AEROLARRI and/or its parent company(ies), or by using this website, or affiliated materials distributed in public domains, you, the Buyer, shall fully agree to all the terms, conditions, limitations of liability and indemnification set forth herein and above. No other content on this website, whether by video, text, messaging, or other communication, whether or not it may be contradictory, in any way, shall supersede the contents described within this Limitation of Liability, indemnification, terms and conditions.
Dispute Resolution
YOU AGREE THAT DISPUTES BETWEEN YOU AND AEROLARRI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Arbitration
If you live in the US or another jurisdiction which allows you to agree to arbitration, you and AEROLARRI agree that any disputes will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an "IP Protection Action"). Notwithstanding this arbitration agreement, AEROLARRI reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse of its IP, products, and Services and/or Products.
Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide AEROLARRI with written notice of your desire to do so by email to [email protected] within thirty (30) days following the date you first accept these Terms (such notice, an "Arbitration Opt-out Notice"). If you don’t provide AEROLARRI with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (a) and (b) above. Further, unless both you and AEROLARRI otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If the terms of this Section 13.1 “Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 13.6, “Governing Law and Exclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have exclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is void or voidable.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration) The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
The arbitration will be conducted in a confidential manner, in the jurisdiction laws of Cook County, Illinois, USA.
Arbitrator’s Decision
AEROLARRI will seek all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will be treated as confidential, and will include the essential findings and conclusions upon which the arbitrator based the award.
Governing Law and Exclusive Venue
You and AEROLARRI agree to the exclusive jurisdiction of and venue in the state and federal courts located in the Cook County, Illinois. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services and/or Products are governed by the laws of the State of Illinois, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section invalidates any claim you may have.
Fees
AEROLARRI will seek to recover all fees and expenses from you if it prevails in arbitration. AEROLARRI maintains all rights it may have under applicable law.
AEROLARRI Market Component Terms of the Services and/or Products
i)FEES. When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
ii) DISCLAIMER & LIABILITY. To the full extent permitted by law, Aerolarri and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Aerolarri Entities") (1) make no promises, warranties, or representations as to Aerolarri Market listings, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Aerolarri Market on an "AS IS" and "AS AVAILABLE" basis and any risk of using Aerolarri is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Aerolarri Market. Aerolarri Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Aerolarri Market, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
iii) CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to Aerolarri Market ("Claims") will be governed by the internal laws of Illinois, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Cook County, IL (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Cook County, IL; (2) indemnify and hold Aerolarri Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Aerolarri Market; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
General
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between AEROLARRI and you regarding the Services and/or Products and Content, and these Terms supersede and replace any and all prior oral, written, video, assumed, or inferred understandings or agreements between AEROLARRI and you regarding the Services and/or Products and Content.
Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without AEROLARRI’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. AEROLARRI may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Force Majeure
Neither AEROLARRI, any user, nor any other party involved in creating, producing, or delivering the Services and/or Products or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
Notice
Any notices or other communications provided by AEROLARRI under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services and/or Products. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.
Waiver
AEROLARRI’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AEROLARRI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services and/or Products, please contact AEROLARRI at [email protected] or 1460 N. Sandburg Terrace Unit 912A, Chicago, IL 60610.
Terms Specific to Residents of the Republic of Korea
-Purchases by End Users in the Republic of Korea
If you live in the Republic of Korea, the E-Commerce Act provides you with certain rights to refunds within seven (7) days of purchase. However, please note that once you exchange Virtual Money for Virtual Goods within the App, a refund will no longer be available. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods as permitted under applicable law without any liability to you.
Terms Specific to Residents of the EEA
-Purchases and Refunds Services and/or Products
If you live in the EEA, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the EEA, we may provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
Aerolarri Wheels LLC Terms and Conditions
The following Terms and Conditions pertain to AEROLARRI-branded physical wheels mated to a tire and the respective products and services. AEROLARRI Wheels LLC is an independent legal entity from ALARRI LLC DBA AEROLARRI. As such the Terms and Conditions for AEROLARRI Wheels LLC products pertain only to those regarding the business of whole physical wheels which are branded with the AEROLARRI name. By using this website, products and/or services, you hereby agree to the strictest interpretation favoring AEROLARRI Wheels LLC in any instance where a choice of overlapping clauses occurs, and agree that all sales, or related business matters, regarding AEROLARRI-branded whole physical wheels which are intended to be mated to a tire are subject to the liability and taxable limitations of AEROLARRI Wheels LLC.
OVERVIEW
This website is operated by AEROLARRI Wheels LLC. Throughout the site, the terms “we”, “us” and “our” refer to AEROLARRI Wheels LLC. AEROLARRI Wheels LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. And you agree that all sales, or related business matters, regarding AEROLARRI-branded whole physical wheels which are intended to be mated to a tire are subject to the liability and taxable limitations of AEROLARRI Wheels LLC.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service and/or products is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AEROLARRI Wheels LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall always be limited to the maximum extent permitted by law. By purchasing any products you thereby agree and acknowledge that AEROLARRI Wheels LLC has no visibility or oversight to the manufacturing of any products, their regulation, standards or suitability for any purpose and agree not to hold us and those listed above liable for any occurrence, inaccuracy, communication, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product or other matter relating to the purchase or use of said products.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless AEROLARRI Wheels LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Cook County Illinois.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
OVERVIEW
This website is operated by AEROLARRI Wheels LLC. Throughout the site, the terms “we”, “us” and “our” refer to AEROLARRI Wheels LLC. AEROLARRI Wheels LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. And you agree that all sales, or related business matters, regarding AEROLARRI-branded whole physical wheels which are intended to be mated to a tire are subject to the liability and taxable limitations of AEROLARRI Wheels LLC.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service and/or products is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AEROLARRI Wheels LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall always be limited to the maximum extent permitted by law. By purchasing any products you thereby agree and acknowledge that AEROLARRI Wheels LLC has no visibility or oversight to the manufacturing of any products, their regulation, standards or suitability for any purpose and agree not to hold us and those listed above liable for any occurrence, inaccuracy, communication, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product or other matter relating to the purchase or use of said products.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless AEROLARRI Wheels LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Cook County Illinois.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.