Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any of these Terms or do not wish to be bound by these Terms, your only option is to not use or access this Site or any of our Services.
These Terms are a legally binding contract between you and Ace of Air. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under sixteen years old.
These Terms control the relationship between the Company and you. They do not create any third-party beneficiary rights.
These Terms incorporate by reference any additional terms and conditions posted by Ace of Air through or on the Site and/or the App, or which are otherwise made available to you by Ace of Air (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States and are not intended to subject Ace of Air to any non-U.S. jurisdiction or law. You may not use our Services outside of the United States. Any use of the Site and the App are at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so.
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links) in whole or in part for any reason in our discretion. Company also reserves the right to suspend and/or deny access to the Site for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products (as defined below) or Services, and we reserve the right to remove any Content at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. Ace of Air will have no liability for any change in the Services, or any suspension or termination of your access to Services.
We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site or the App. It is your responsibility to check these Terms periodically for changes. The “Last Updated” legend above indicates when these Terms were last changed.
At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address.
Your continued use of the Services, and purchasing Products from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes. If you don’t agree with new or revised Terms, you may no longer access or use the Services.
Frequently Asked Questions
Please also refer to our online FAQ section to general information regarding our Services.
ABOUT OUR SERVICES
How to Access Ace of Air Services
As noted above, you must be 16 years or older to access or use the Services. To use the Services, you may be required to sign up for an account (your “Account”), select a password and provide an email (your “Ace of Air User ID”), and provide us with certain information or data, such as your contact information. You are solely responsible for any information you provide to us. You represent and warrant that you will provide us with accurate, complete, true, legal, non-fraudulent and solely yours and up-to-date information, and to maintain and update such information. You may not select as your Ace of Air User ID an email that you don’t have the right to use, or another person’s email. We may reject, or require that you change, any Ace of Air User ID, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission. You may only register one Account per a Paid Service (as defined below).
You agree that all information you provide to use a Service or otherwise, including but not limited to through the use of any interactive features on the Site or the App, is governed by our here, and you consent to all actions we take with respect to your information consistent with our here.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a matter that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms or applicable law.
You may not share your Account (including your Ace of Air User ID or password) with anyone, and you must protect the security of your Account (including your Ace of Air User ID and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session, as applicable. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a customer Account, payment card or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes in violation of these Terms or any Additional Terms.
We have the right to disable any Ace of Air User ID, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
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.
Cost of the Services
We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any replacement fees accrued by you due to late, lost or damaged Packaging (as defined below).
For more information about our Services, including pricing and fees and cancellation and return policies, please see our FAQ Section. Please note that any pricing, fees and payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
When you purchase a Product from Ace of Air, this Product will be contained inside specially designed reusable packaging (the “Packaging”). The Products placed in the Packaging will arrive at the shipping address you provided inside a shipping container designed in an attempt to protect the Packaging from damage during transit (the “Boomerang Box”). You cannot acquire Products from us except in Packaging, and arriving to your shipping address in a Boomerang Box. Because the Packaging and the Boomerang Box are cleaned and reused, they are rented to you for the duration of your use, subject to a rental fee (“Rental Fee”) which includes rental charge(s) for your use of the Packaging plus the rental charge(s) associated with the Boomerang Box. Ace of Air reserves the right to alter the Rental Fee or availability of any particular Product at its discretion and without notice.
If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be equal to the Product price, plus the Rental Fee, plus any delivery charges and any/all applicable sales tax listed on the Service for the applicable Product at the time of purchase. Ace of Air, at its discretion and without notice, reserves the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item. You hereby authorize us (or our third-party processor) to charge your Payment Method (as defined below) for the Purchase Price when you purchase products. We will charge your Payment Method the amount of the Purchase Price immediately upon the processing of your Purchase Order except in the case of a purchase made on pre-order in which case we will charge your Payment Method immediately upon the placement of your purchase order.
The Rental Fee charged, will apply to your use of the Packaging and the Boomerang Box it came in for the period of time set forth in our FAQ Section (typically thirty (30) days for the Boomerang Box, and six (6) months for the Packaging, subject to change in our discretion). The return of the Packaging and the Boomerang Box must be made in such a way that they are undamaged when we receive them. If you delay in returning the Boomerang Box or the Packaging beyond this date, or the Packaging or Boomerang Box are damaged when we receive them, you authorize us to charge a Replacement Fee (as defined below).
You acknowledge and agree that we may place limits on the purchase of Products. We reserve the right to limit, cancel or prohibit sales of Product and rental of Packaging and Boomerang Box for any reason in our sole discretion, including but not limited to availability and geographic concerns.
If you do not return one or more units of our Packaging or the Boomerang Box by the Packaging Return Date (as defined below), you hereby authorize us (or our third-party payment processor) to charge your Payment Method the non-refundable cost to replace such Packaging or Boomerang Box, as applicable (collectively, the “Replacement Fee”) for the Packaging and/or the Boomerang Box that we receive late, do not receive, or receive damaged, plus applicable sales taxes. Please see our FAQ Section for the applicable Packaging Return Dates and the current Replacement Fee by type of Packaging.
The Product Packaging and the Boomerang Boxes are Ace of Air’s property and will remain so even after we send them to you.
Packaging and Boomerang Boxes exist in multiple forms, subject to change at our full discretion and without notice.
With the delivery of a Product, Ace of Air will provide you with a pre-paid, pre-addressed Boomerang Box that you can use to return the Boomerang Box and any empty Packaging that your Products came in (“Empties”), as well as instructions for returning the Boomerang Box and any/all Empties to Ace of Air. You may not keep, sell, or transfer any Boomerang Boxes or the Empties that we provide to you.
If the Packaging or Boomerang Boxes are not returned to us undamaged, in our sole discretion, prior to the applicable Packaging Return Date, you hereby authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable Replacement Fee for each Empty and Boomerang Box that is not returned undamaged and on time to us. If we should charge the Replacement Fee because we did not receive the Packaging or Boomerang Box on time, after we charge your Payment Method the Replacement Fee, you are permitted to retain such Packaging or Boomerang Box (though we prefer that never happen) for your own personal use only, and never for transfer to another person, or for resale, or use by anyone else.
OTHER TERMS RELATED TO PACKAGING, PRODUCTS AND SERVICES
Use of the Packaging
You agree to treat the Packaging and the Boomerang Boxes with great care. You are responsible (in entirety and for each individual component) for any loss, destruction, or damage to the Packaging or Boomerang Boxes for any reason, including due to theft, loss, mysterious disappearance, fire, accidental or other drops, major stains or any other cause. You retain risk of loss for the Packaging and Boomerang Boxes until we receive them and confirm they are undamaged. If you return a Package or Boomerang Box that is damaged beyond normal “wear and tear”, then you herby authorize us (or our third-party payment processor) to charge your Payment Method the Replacement Fee for the Package or Boomerang Box affected.
Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions or images of Products that are available on the Services. The prices displayed for Products and Services are quoted in U.S. dollars. Availability for Products is not confirmed until the applicable Products are shipped. If the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation.
You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products, Packaging and Boomerang Boxes. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Package and the Boomerang Boxes until you return them to us (including while they are in transit). We reserve the right to reject, cancel, or prohibit any Package or Boomerang Box rentals and sales of Product for any reason. Please see our FAQ Section for more information regarding deliveries.
You can return any/all Ace of Air Products for any reason or no reason within 21 days of receipt of your order for a full refund, less shipping and handling. You must submit a product return request in your Account for approval prior to returning any Product to ensure accurate processing.
Packaging Returns, Extensions, Shipping, and Lost Items
You agree to return each rented Package and the Boomerang Boxes they came in by the return date identified in your online account and/or the applicable invoice for your order or as otherwise set forth in these Terms, including our FAQ Section (the “Package Return Date”). We may, but are not required to, permit you to extend your rental of a Package or the Boomerang Box by contacting us prior to Package Return Date.
Ace of Air will add applicable shipping and handling fees to your order. Unless otherwise noted, Ace of Air will use commercially reasonable efforts to ship Products within a reasonable time after receipt of your properly completed order and our receipt of payment. Although Ace of Air may provide delivery or shipment timeframes or dates, you understand that those are Ace of Air’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the Products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), Ace of Air will use reasonable good faith efforts to contact you. If Ace of Air cannot contact you or you no longer wish to receive the item, Ace of Air may cancel the order and promptly refund the amount tendered.
Ace of Air shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery of Products to the carrier.
Ace of Air may reject orders where the stated delivery address is outside the United States.
We are not responsible for any personal or other items left in Packaging or a Boomerang Box returned to Ace of Air. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at . We may, but are not required to, assist you in attempting to locate such items at your request, but we assume no responsibility or liability if we attempt to locate such items.
When you return the Boomerang Box that we provide, you must use the shipping carrier specified on the pre-paid shipping label included inside the Boomerang Box. Failure to do so may result in a charge to your Payment Method for replacements. You retain risk of loss for the Packaging and Boomerang Box until we receive them back at our facilities in good condition (except for normal wear and tear).
Ace of Air does not ship Products or Packaging outside of the United States, and you may not return Packaging to us from outside the United States without our prior written permission.
In the event that you do not have a Boomerang Box at the time required to return your Empties on or before their Package Return Date, you will be responsible for returning the Empties to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our shipping Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Ace of Air will not be liable. You will be solely liable for all such delays and additional delivery fees.
BILLING AND PAYMENTS
How Payments Work
When you place an order to buy the Product (each, a “Purchase Order”), you hereby authorize Ace of Air to charge your payment card or other payment instrument (“Payment Method”) for the Purchase Price. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to Ace of Air and notifying Ace of Air of any changes to such information. Ace of Air will charge your Payment Method the amount of the Purchase Price immediately upon the processing of your Purchase Order, except in the case of a purchase made on pre-order in which case we will charge your Payment Method immediately upon the placement of your Purchase Order. In addition, at the time of your Purchase Order, you hereby authorize Ace of Air to place a hold on your Payment Method for an amount up to the total Replacement Fee set forth on the applicable Service plus applicable sales taxes; provided that Ace of Air will only charge your Payment Method in the event you fail to return Packaging or Boomerang Box on or before the Packaging Return Date or return Packaging or Boomerang Box that is damaged beyond normal “wear and tear” determined in our sole discretion. The authorization will hold the funds until the earlier of your return of damage-free Packaging/Boomerang Box or the Packaging Return Date, at which time the hold will be released or charged. Authorized amounts may take up to 30 days after return to be released by your bank or financial institution and Ace of Air will not be responsible for any resulting fees or charges.
We use a third-party payment processor (the “Payment Processor”) to bill you for any Services through a payment account linked to your Account (your “Billing Account”). By choosing to use such Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a Purchase Order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
How Recurring Billing and Auto-Replenishment Work
By choosing an auto-replenishment option when you make a purchase, you acknowledge that the Services you ordered have a recurring payment feature and you accept responsibility for all recurring charges prior to pause or cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or cancelled or paused the Services or your Account. Such notice will not affect charges that have already been submitted or are in process.
To change your Payment Method, go to your Account. To terminate your payment authorization, contact us at or . For information on how to pause or cancel your auto-replenishment Services or your Account, see below.
Information Provided by Customers
You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). If your Payment Method is canceled for any reason (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Ace of Air User ID or password, you must promptly notify us and update your Payment Method. Changes to such information can be made in your Account. If you fail to provide any of the required information or keep such information up-to-date, you agree and acknowledge that we may continue charging you using any payment method you have on record, for any use of Services under your Billing Account, unless you have cancelled or paused your Services or terminated your Account in accordance with these terms.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of applicable taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your card provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing period.
Your non-termination or pause or continued use of an auto-replenishment Service reaffirms that we (and/or our Payment Processor) are authorized to charge your Payment Method for that Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the auto-replenishment Service.
PAUSING AND CANCELLING SERVICES
How to Pause or Cancel your Auto-Replenishment Service
You can pause or cancel your auto-replenishment Service on any or all selected Products at any time prior to the processing of the next auto-replenishment Purchase Order.
How to Cancel your Account
You may terminate your Account at any time. You must return all Packaging and Boomerang Boxes in your possession in accordance with these Terms no later than the return date in the applicable online invoice or inventory to avoid incurring additional charges, including Replacement Fees.
Please note that you will still be responsible for payment of any fees or charges incurred by you prior to termination of your Account.
Survival of Terms
All sections of these Terms which should reasonably survive termination hereof shall so survive.
Third Party Services
If the Site provides you with an opportunity to engage with third party services or links to third party websites (each, a “Third Party Service” and collectively, “Third Party Services”), these Third Party Services are provided for your convenience only. Company does not have any control over these Third Party Services, and will not be responsible for them or for any loss or damage that may arise from your use of them.
Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely under the terms and conditions provided hereunder.
Company and/or its licensors own the Site, including all software and other technology provided or employed by Company in connection with the Site, and the content, design, layout, functions, appearance and other intellectual property comprising or contained or available on the Site, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto (collectively, the “Content”).
“ACE OF AIR” is a trademark of Company and all related names, logos, product and service names, designs, and slogans used on the Site are trademarks of Company or its affiliates or licensors.
Company does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Site, as set forth herein and subject to these Terms.
The Site may also contain intellectual property of third parties, including service marks and trademarks. Your use of this Site does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Company or users of the Site or expose them to liability.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
All rights not expressly granted herein are reserved by Company.
Anything that you post, upload, share, comment, store, provide, or otherwise make available through the Services is a “User Submission”. We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to the Services. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, (b) you own and have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your User Submissions in all manners contemplated by these Terms, and (c) all your User Submissions shall comply with the Content Standards set forth herein.
You waive all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use of disclosure of any User Submissions.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Ace of Air under any fiduciary or other obligation.
You hereby grant Ace of Air and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part of all of the Site or the Services (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).
Ratings and Reviews
Our Services may allow you to rate and post reviews of Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by Ace of Air, and do not represent the views of Ace of Air or of any affiliate or partner of Ace of Air. Ace of Air has no liability for any ratings and reviews of for any claims, liabilities or losses resulting from or relating to ratings or reviews.
We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.
As a result of your use of the Site, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.
In using the Site, you agree (i) not to send to Company or upload onto or through the Site any information unless you have consent to do so; and (ii) that you will not:
violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, “Laws”) as a result of your use of the Site;
make any information available to Company if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
transmit any information, data, images, or other materials or post any content on the Site that contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
provide any false information to the Company;
violate or attempt to violate the security of the Site, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Site or any network used by the Site or to breach security, encryption or other authentication measures or attempting to do any of the foregoing; or interfering with the Site by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Site;
“scrape,” copy, transfer, transmit or display any information, data, software, interfaces, code, widgets, tools or other materials contained in or accessible by means of the Site, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than through use of the search engine and search agents available from the Company on the Site and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer);
harvest or collect Company Information, email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Copy, mirror or otherwise attempt to replicate or reproduce the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Site.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
The standards set forth in this section (the “Content Standards”) apply to any and all User Submissions and use of interactive features of the Site. User Submissions must in their entirety comply with all applicable Laws. Without limiting the foregoing, User Submissions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Submissions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Company to terminate the user accounts of repeat infringers.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We do not make, and expressly disclaim, any warranties of any kind with respect to such Packaging and the Boomerang Boxes, which are provided to you on an “AS IS” basis. Please see our FAQ section for the current amount of the Replacement Fee.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, PRODUCTS, PACKAGING, BOOMERANG BOXES, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE SITE OR ANY SITES LINKED TO THIS SITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, PACKAGING, BOOMERANG BOXES, PRODUCTS, SOFTWARE, FACILITIES, SERVICES OR CONTENT ON THE SITE OR ANY OTHER SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH ITEMS.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Consent to Receive Periodic Messages
By using the Services, you consent to receiving communications from us, including informational emails and text messages (such as for the purposes of notifying you about the status of your order, sending you reminders, and providing other transactional information) to the phone number or email that you provide. You may op out of receiving communications by following the unsubscribe procedures we provide to you, but please note that information about your orders and Purchases will continue to be sent to you even if you opt-out of all communications with us. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note that you will need to opt out of communications for each Service that you sign up for.
You hereby agree to indemnify, defend, and hold harmless Company and its affiliates, and their respective officers, directors, managers, members, shareholders, employees, agents, representatives and approved and permitted licensees and assigns from and against any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by such parties in any action or proceeding), including attorneys’ fees, arising out of your use of the Site or the Services, including but not limited to your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Assignment by You
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without Ace of Air’s prior written consent.
Choice of Law
These Terms are governed by and will be construed under the laws of the United States (including federal arbitration law) and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Third Party Beneficiaries
Both you and Ace of Air acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Ace of Air’s and its affiliates’ and their respective officers, shareholders, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
Please read the following carefully (subsections (a) though (f) below will be referenced herein as the “Arbitration Agreement”) because it requires you to arbitrate certain disputes and claims with Ace of Air and limits the manner in which you can seek relief from Ace of Air.
The parties shall use commercially reasonable efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, such dispute shall be finally settled by binding arbitration in accordance with this Arbitration Agreement. The arbitration will proceed in the English language, in accordance with the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Arbitration Agreement (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Arbitration Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this Arbitration Agreement or any other provision of these Terms or in the Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
Notwithstanding the foregoing obligation to resolve disputes using arbitration, both you and Ace of Air may assert claims, if they qualify, in small claims court in Suffolk County, New York. Furthermore, both you and Ace of Air will have the right to pursue injunctive or other equitable relief at any time, from any 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.
You and Ace of Air are each waiving the right to trial by a jury and instead choosing to have claims and disputes resolved by arbitration.Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Ace of Air, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved pursuant to this Arbitration Agreement. Except as provided above regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. However, as set forth above, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver above, including its enforceability, revocability, or validity.
In any circumstances where this Arbitration Agreement permits either you or Ace of Air to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then this Arbitration Agreement will not apply to either party for such proceedings only, and both you and Ace of Air agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Suffolk County, New York.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with Ace of Air.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Ace of Air is not, and will not be, liable for any such delays omissions, inaccuracies, or unavailability.
You and Ace of Air agree that these Terms (including all other documents specifically referenced herein) are the complete and exclusive statement of the mutual understanding between you and Ace of Air, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.
Relationship of the Parties
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Ace of Air, and you do not have any authority of any kind to bind Ace of Air in any respect whatsoever.
Assignment or Change in Control of Ace of Air
In the event of an assignment of all or substantially all assets of Ace of Air, or a change of control of Ace of Air, or a merger or other corporate reorganization or event involving Ace of Air, all rights of Company hereunder shall be transferable without notice to you.
Information or Complaints
If you have any questions or complaints regarding the Services or about these Terms, you may contact us at . For any questions related to Services or Products, please contact us at . Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.