Terms of Use

ELROY AIR, INC.
TERMS OF USE
Last Updated: July 28, 2023

Welcome to Elroy Air! The following terms govern your use of our website and other products and services (“Services”).

By accessing, using, or obtaining any content, product, or services through the Service, you agree to be bound by these Terms of Use, our Global Privacy Policy, and any other legal terms or policies that may be displayed on the website (collectively “Legal Terms”).

If you do not accept all of these Legal Terms, you are not authorized to use the Service.

You should visit this page from time to time to review the then-current Legal Terms because they are binding on you. We may change, revise, or add to these Legal Terms at any time by updating this posting. Unless otherwise stated, all changes will be effective immediately upon posting of the revised Legal Terms, and will apply to all access to, and use of, the Service thereafter. Your continued use of the Service following the posting of a conspicuous notice or any modification will indicate that you have agreed to be bound by those Legal Terms.

Your use of the Service will be subject to the Legal Terms in effect at the time of your use.

This Policy includes the following sections; please click through to learn more:

General Terms

Condition of Use

As a condition of your use of the Service, you warrant that:

Modifications to the Service

Elroy Air reserves the right to withdraw or amend the Service in its sole discretion and without prior notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.

Errors, Inaccuracies, and Omissions

The website may contain typographical errors, inaccuracies, or omissions. Elroy Air reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the website is inaccurate at any time without prior notice.

Termination

Our website and other online services are provided free of charge to you. Elroy Air reserves the right to suspend or terminate the operation of, or access to, any part of the Service at any time in its sole discretion. In addition, we reserve the right to suspend or terminate your individual access and use to any part of the Service at any time in our sole discretion.

Survival of Terms

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. In addition to the other prohibitions set forth in these Terms of Use, you are prohibited from using the Services to infringe upon or violate Elroy Air’s intellectual property rights or the intellectual property rights of others, or in any manner that could affect the functionality or the operation of the Service. You are also prohibited from using any manual or automated process to monitor or copy any of the content on the website without our prior written consent, and attacking the website via a denial-of-service attack or a distributed denial-of-service attack.

Intellectual Property Rights

Ownership Rights

Elroy Air and its licensors own all right, title and interest in the Service and in all related US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international treaties.

License

Subject to your compliance with these Legal Terms, Elroy Air grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Service only for your personal use and not for any commercial purpose. Elroy Air reserves all rights not expressly granted.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any content or other aspect of our Services. You must not delete or alter any copyright, trademark and/or other proprietary rights notices displayed on the Service.

If you wish to use any part of the Service other than as set out in the Legal Terms, please address your request as indicated in the How to Contact Us section.

If you violate the Legal Terms, your license to use the Service will cease immediately and you will be required, at our discretion and at your cost, to return or destroy any copies of the content that you have made.

Trademarks

The trademarks, trade names, service marks, trade dress, logos, custom graphics, or icons (“Marks”) displayed on the Service are registered or unregistered Marks of Elroy Air, its affiliates or licensors. You may not use such Marks without the prior written permission of Elroy Air. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners and are subject to their respective trademark policies.

Communications by Us

Electronic Communications, Agreements, Notices, and Disclosures

You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.

Commercial Communications

We may send you commercial communications, such as email newsletters, notice of new products or services, offers, etc. You may opt out of receiving these types of communications by selecting the link “opt out” or “unsubscribe” in the respective email, or by setting the option in your registered user account, or by contacting us as indicated in the How to Contact Us section.

Our website may contain links to third party websites, which operate under different legal terms and privacy policies. We encourage you to read the legal terms and privacy policies for each such website. These other terms and policies will apply to you when you use these third party website or services. Elroy Air has no control over such third party websites. We are not responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with the use of or reliance on any such content available on or through any such website.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. EXCEPT OTHERWISE PROVIDED, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER ELROY AIR NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY “ELROY AIR ASSOCIATES”) MAKES ANY WARRANTY OR REPRESENTATION THAT THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.

SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ELROY AIR AND ELROY AIR ASSOCIATES’ WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liabilities

ELROY AIR, ELROY AIR’S ASSOCIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF ANY PART OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE, OR LINKED TO THE WEBSITE, OR BECAUSE OF ANY ERROR IN THE CONTENT, OR YOUR INABILITY TO ACCESS THE SERVICE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ELROY AIR, AND ELROY AIR ASSOCIATES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND ELROY AIR AND ELROY AIR ASSOCIATES’ TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM WILL NOT EXCEED $50.00. (U.S. DOLLARS).

Indemnification

You agree to defend, indemnify and hold harmless Elroy Air and Elroy Air’s Associates, and their respective employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Legal Terms or your use of the Service.

Force Majeure

Elroy Air will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.

Dispute Resolution

Elroy Air wants to address your concerns without needing a formal legal proceeding. Before filing a claim against Elroy Air, you agree to try to informally resolve the dispute by contacting us as indicated in the “How to Contact Us” below. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, you or Elroy Air may bring a formal legal proceeding.

Miscellaneous Terms

Governing Law

All matters relating to the Service or the Legal Terms will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of California without regard to its conflict of law principles.

Entire Agreement

The Legal Terms constitute the sole and entire agreement between you and Elroy Air with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Any ambiguities in the interpretation of the Legal Terms will not be construed against the drafting party.

Assignment

You may not assign or transfer these Legal Terms or any rights or licenses granted herein without Elroy Air’s consent. Elroy Air may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Waiver

If any provision of the Legal Terms is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.

Elroy Air may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over Elroy Air (“Legal Process”) that Elroy Air believes to be valid. Elroy Air is not responsible for any direct or indirect losses that you may incur as a result of our complying with Legal Process.

How to Contact Us

This website is operated by Elroy Air, Inc.

All feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service should be directed to: legal@elroyair.com.

You may also reach us by mail at:

Elroy Air, Inc. Attn: Legal Department
415 E Grand Ave. Suite 201
South San Francisco, CA 94080