Terms & Conditions

Website Terms of Use

TERMS AND CONDITIONS OF USE

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of www.Airetageclothing.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Airetage, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.Airetageclothing.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.Airetageclothing.com.

3. Ownership. All content included on this site is and shall continue to be the property of Airetage, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

5. Trademarks. www.Airetageclothing.com and Airetage and others are either trademarks or registered trademarks of Airetage. Other product and company names mentioned on this Site may be trademarks of their respective owners.

6. Site Use. Airetage, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Airetage, LLC and Airetage, LLC may terminate your use of this website at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Airetage, LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Airetage, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Airetage, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. Airetage, LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

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

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

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

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Miles Lazar, Manager, who can be reached as follows:

By Mail: Airetage, LLC, 2835 W Pebble Road # 2-317, Las Vegas, Nevada 89123 USA

By E-mail: Support@airetageclothing.com

13. Applicable Law. You agree that the laws of the State of Nevada, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Airetage Clothing or its affiliates.

14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Waiver. The failure of www.Airetageclothing.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Airetage, LLC must be in writing and signed by an authorized representative of Airetage, LLC.

16. Termination. Airetage, LLC may terminate this Agreement at any time, with or without notice, for any reason.

17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

18. Entire Agreement. This Terms of Use constitutes the entire agreement between you and www.Airetageclothing.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.Airetageclothing.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. www.Airetageclothing.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

 

19. Contact Information.

Airetage, LLC

2835 W Pebble Road # 2-317

Las Vegas, Nevada 89123 USA

Support@airetageclothing.com

 

20. Dispute Resolution

1. Dispute Resolution Procedures. Should a dispute, controversy, or claim (each, a “Dispute”) develop between the parties under this agreement (including without limitation, one respecting the validity, material breach, suspension, or termination hereof), the procedures set forth in Sections 2 through 4 below shall apply (collectively, the “Procedures”). The Procedures shall be the exclusive mechanism available to the parties for resolving Disputes hereunder.

2. Negotiation. In the event of a Dispute, the parties must first attempt to informally negotiate and resolve their conflict at the operational level; i.e., through meeting(s) between each party’s representative(s) with decision-making authority. Once all reasonable good faith efforts to do so have been made, an unresolved Dispute must be submitted to upper management for another opportunity to negotiate and resolve the conflict by each party’s key executives. Such executives shall promptly use all good faith efforts to seek a resolution. If, after twenty-one (21) days following the commencement of negotiations, upper management has failed to resolve the Dispute, the parties may seek resolution by mediation as more fully set forth in Section 3, below. All negotiations commence upon the provision of written notice from one party to the other party identifying the Dispute and requesting the opportunity to negotiate a resolution. Either party may seek equitable relief, such as an injunction, prior to or during the negotiations in order to preserve the status quo and protect its interests during the process. All communications, whether oral or written, are confidential and will be treated by the parties as compromise & settlement negotiations for the purposes of the Federal Rules of Evidence as well as any applicable, corresponding state rules. Notwithstanding the foregoing, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in negotiations.

3. Mediation. Subject to Section 2, above, the parties may submit the Dispute to confidential mediation for a good faith resolution. The mediation must be administered by a neutral third party mediation and shall take place virtually/electronically (e.g., via Zoom or similar teleconference service). The version of the rules that should apply are those currently in effect as of the date of this agreement. If the aforementioned mediation service is no longer available for any reason at the time of the Dispute, the parties shall mutually agree upon an alternative, comparable service, yet must first use the named service’s successor, if one exists. The mediation shall commence upon the parties’ provision of a joint, written request for mediation to the mediation service. Such request shall include a sufficient description of the Dispute and relief requested. Each party shall cooperate with the mediation service in all reasonable respects and participate in good faith wherever required. Mediation fees and expenses shall be borne equally by the parties. All communications, whether oral or written, are confidential and will be treated by the parties as compromise & settlement negotiations for the purposes of Federal Rule of Evidence 408 as well as any applicable, corresponding state rules. Notwithstanding the foregoing, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief, such as an injunction, prior to or during the mediation in order to preserve the status quo and protect its interests during the process. If, after the earlier of: (i) sixty (60) days following the commencement of a mediation hereunder; or (ii) completion of the initial mediation session, the parties have still not come to a resolution for any reason (including a failure to actually mediate), they shall seek to resolve the Dispute by binding arbitration or litigation as more fully set forth in Section 4, below. Until such time, neither binding arbitration nor litigation may be pursued by the parties.

4. Arbitration or Litigation. Subject to Sections 2 and 3, above, either party may commence neutral, binding arbitration or file a lawsuit in a court of competent jurisdiction. If arbitration is selected, it shall be conducted on a confidential basis and shall take place before the a neutral third party mediator via virtually/electronically (e.g, via Zoom or similar teleconferencing service). The version of the rules that should apply are those [currently in effect as of the date of this agreement. Each party shall cooperate with the arbitrator in all reasonable respects and participate in good faith wherever required. Final and binding judgment upon any award rendered by an arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable, outside attorneys’ fees and related costs. Either party may seek equitable relief, such as an injunction, prior to or during an arbitration or litigation in order to preserve the status quo and protect its interests during the process.