Privacy Policy

Your Privacy Matters.

Your privacy is extremely important to us. This policy explains what information Aerwave collects from you, how it may be shared, and, most importantly, how we keep it safe. You will also find steps that you can take to alter how your information is used. But rest assured, Aerwave never collects information on your browsing data. That’s a promise we keep to you.

Overview

Aerwave respects your privacy and we are committed to protecting your personal information. Our Privacy Policy (the “Privacy Policy” or “Policy”) covers information generated when you use or subscribe to Aerwave’s products or services, and when you use our website, networks, or equipment related to those products or services. This Policy covers:

the types of information Aerwave collects when you visit our website(s) or subscribe to, use, and/ or access our Internet access or other offered services (collectively, the “Services”);
how we use the information that we collect;
with whom we may share your information; how we protect your information;
how we protect your information;
how we store and retain the information;and
the choices we offer you regarding collection and use of your information.

By accessing the website or subscribing to any Services, you agree to this Privacy Policy. This Policy applies to you and anyone who uses our products or services under your account, except where otherwise noted. This Policy also provides you with information about how to access, review, and correct information that personally identifies you, how to set privacy preferences and opt out of certain uses and sharing of information, and your rights under federal law and this Policy concerning your personally identifiable information. The terms “Aerwave,” “we,” “us,” or “our” refer to Aerwave, Inc. a Texas corporation. The term “you” refers to you as a subscriber to our Services.

This Policy does not apply to any third-party websites, applications, or content accessible through your use of the Services. We do not control these third parties and their information practices are governed by their own privacy policies or terms of use.

The information we collect

We collect information about you and how you are using our Services including information about your devices and equipment that are connected to our Services.

Information that you provide to us

We collect information that you provide to use when you use our website or our Services, including when you create an account, contact us, use online account tools, or otherwise communicate with us. This information may include:

Name and contact information (e.g. billing address, service address, email address, phone number)
Demographic information (e.g. age, date of birth)
Location information (e.g. street address, apartment number)
Payment information (e.g. credit card or bank account information)
Information you provide to verify your access to the Services (e.g. contact information)
Correspondence and communication records (e.g. records of calls or service tickets)

Information that we collect when you use the services

When you use the Services, our website, network, or support systems, we collect information about how you are using each, respectively. This information may include:

Your account information (e.g. account number, devices associated with your account)
Your billing and payment history
Your device identification information (e.g. Internet Protocol (“IP”) Address(es), Media Access Control (“MAC”) address(es), type of device, operating system, and web browser
Records indicating the number and types of devices connected to our Services and equipment
Technical information about your Service-related devices, including customization settings and preferences
Network traffic information and data
Information about your use of the Services, including location, duration, and frequency
Additional information about the Service options you have chosen
We do not store any web browsing information, but we do have to collect the uniform resource locator and IP address that you direct your web browser to connect to in order to route your traffic to a selected website.

The information we collect automatically is primarily statistical data, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve and personalize our Services, including by enabling us to identify and authenticate users. Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services. At this time, the Services may not respond to the preferences you may have set in your web browser regarding such collection of your information, and the Services may continue to collect information in the manner described in this Privacy Policy.

Information we collect when you use the website

When you use our website, we may collect certain information by automated means, such as through the use of:

cookies (small data files that are placed in your browser to recognize your computer or device when you return to that site for purposes of tracking your movement within a site, remembering where you left off, remembering username or passwords);
web beacons (a tag, pixel, of GIF, that is used to transmit information about the actions of a user, such as opening a page or email);
third-party analytics (tools like Google Analytics that provide information about the use of a website or measure the effectiveness of a marketing campaign); and
widgets (small program or application that is embedded in a web page).

Information we collect from third parties

In order to facilitate our service, we may receive data from third party sources for purposes of delivering Services, for example, verifying residency in a building for purposes of setting up an account with Aerwave. Aerwave does not sell this information to other third parties. For more information on how Aerwave uses your information, please see the section titled “How we use your information”.

The information we do not collect

Information regarding your preferences and settings related to the Services is stored as a necessity to delivering the Services. However, information regarding your Internet browsing history is not monitored, recorded, logged, stored, or passed to any third party. This information includes IP traffic destination, data content, or DNS queries. If it is necessary to pass any information to a third party as it relates to providing the Services, for example, resolving a DNS query using a third-party DNS resolution service, we will do so, however, we will not monitor, record, log, or store that information, for example, the information contained within the DNS resolution.

How we use your information

We use your information to power our Services and to improve your experience with our Services. We use your information to provide, support, improve, protect, analyze and bill for our Services; to communicate with you about your service or experience; to detect and avoid fraud, for advertising, and for research purposes. Examples of how we use your information include:

Set up and administration of your account
Maintaining records of your purchases and transactions using the Services
Billing and invoicing
Verifying access to your account
Maintenance and operations, including management of the network, equipment, and Services
Providing customer support
Sending you information that you request
Supporting and providing location-based services
Improving our Services and identifying and developing the growth of existing products and services as well as new products and new services
Analyzing how our customers are using the Services, including, for example, the amount of bandwidth being used, peak times of usage
Growing business relationships
Marketing and advertising our Services to you
Protecting our customers from fraudulent, abusive, or unlawful use of, or subscription to, the Services,
Protecting our rights, our personnel, and our property
Complying with applicable laws and regulations
Preventing and investigating illegal activities and violations of our Terms, Use Policies and other service conditions or restrictions

How we share your information

We share your information as follows:

With your permission. We may ask for your explicit permission to share information about you with our business partners for purposes not covered in this Privacy Notice. We will only share personally identifiable information about you for a third party’s own marketing purposes if you affirmatively consent to such sharing, and we will make it clear at the point of collection that you are sharing your information with both Aerwave and our identified business partner. You also will have an opportunity to review each company’s respective privacy notices before you provide your information.
Within Aerwave and any current or future related companies and subsidiaries. We may share information as part of any merger, acquisition, or sale of our company or our assets, or the transition of the Service to another entity. For example, if part or all of our business is sold, we may include customer information as part of that transaction.
With third-party companies, as outlined in this Policy. We generally do not host links to third parties on our Sites, but you may find them in press releases, blog posts, or other parts of the Sites. If you click on a link to a third-party site, you will be taken to a website that we do not control; this Privacy Notice does not apply to the privacy practices of that website. Read the privacy policy of other websites carefully. We are not responsible for the content or privacy policies of these third-party sites
For other purposes. We may otherwise share information without your permission as required by law or regulation; to investigate or defend against third party claims or allegations; or to protect our rights, property, and the personal safety of our employees or that of our customers or others. We will only share information about you with law enforcement pursuant to valid legal process and we will not share the content of your communications without a valid warrant. We will use all reasonable means to attempt to notify you of a valid law enforcement request unless legally prohibited, an emergency situation exists involving danger of death or serious physical injury to a person, or we are unable to ensure that you, and no one else, will receive the notice.

How you control your information

You can control how we use or share your information or how we contact you through the settings features within your account on our website or by contacting an Aerwave representative.

Marketing communications

To stop receiving our promotional emails and texts, follow the instructions in any promotional message you receive from us. Even if you opt-out of receiving our marketing messages, we will continue to send you transactional messages. These include responses to your questions and information about any services we provide you.

Limiting personal information that we collect and share

You may take certain actions to limit our access to personal information collected through our Sites, including IP address and referring website. You may opt-out of receiving many behavioral ads through a web tool available here. You can also opt-out of the use of this information for analytics through Google Analytics here. You can also browse our Sites using a browser private mode, which may prevent us from collecting information about you and your browser.

Requesting copies of your personal information or asking that we delete your personal information

If you have provided your personal information to receive Service, entered personal information through a form on our website, or have given us personal information in other ways, you can request a copy of the personal information about you that we currently hold and you can request that we delete this information.

When you make a request, we will collect four basic pieces of personal information, which we will match with our records to reasonably verify your identity. After you submit the form, you will receive an email confirmation with instructions on an additional step that we require you take to help verify your identity and email address. We endeavor to respond promptly to your request once we reasonably verify your identify. Note that if you request your personal information more than twice in a twelve-month period, we may be unable to respond. And rest assured, we do not discriminate against any consumer who makes these requests.

If we are unable to verify your identity, we may not respond to your request. Because we cannot validate the identity of visitors to our website, we are unable to share a copy of your personal information or delete your personal information that we have from you if you have only visited our website. However, visitors to our website can reference the chart above for details about the personal information we collect, the reasons why we collect it, and the categories of third parties with which we share the information. In addition, if you are a current customer, we are unable to process requests to delete your personal information; because we collect only the information we need to provide our service, we necessarily need to continue to use your information to serve you.

How we store and safeguard your information

We use technical, administrative, and physical safeguards to protect against unauthorized access to, use of, or disclosure of the information that we collect and store. But no security program is perfect. As a result, we cannot guarantee that we will prevent every unauthorized attempt to access, use, or disclose information. If a breach were to occur, we will notify you as required by applicable law. Your information is stored for the whole period when you are using the Services and for a period of two (2) years after the last use of the Services. Any non-identifiable personal information, for example, aggregated usage data, may be stored longer that two years, provided it does not contain personally identifiable information.

Other privacy information

Changes to this Policy

We may modify this Policy at any time. You can view the most current version of this Policy by going to our website. If we make material changes to this Policy, then we will provide you at least 30 days’ notice by email, through your online account portal, or other reasonable methods. If you continue to use the Services following notice of the changes, we will deem that to be your acceptance of and consent to the changes in the revised Policy. If the changes in the revised Policy are related to new use, disclosure, or permission of access to your personally identifiable information, we may require your consent before implementing those changes and your continued use of the Services.

Information specific to children

The website and the Services are not directed to, and we do not knowingly collect or solicit personal information from, children under the age of 13. If we learn that we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe that we might have any information from or about a child under the age of 13, please contact us at legal@aerwave.io.

Your California Privacy Rights

We comply with special legal requirements for California residents associates with access, deletion, and sale or sharing of residents’ data and application of do not track notices.

“Do Not Track” notice

Currently, there is not a universal “Do Not Track” protocol that exists. As such, our Services and website will continue to operate whether or not a “Do Not Track” signal is received.

California Consumer Privacy Act (“CCPA”)

CCPA Personal Information (“CCPA PI”) is defined by the state of California as information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households. You have the right to request information from us regarding the information we have collected or shared, for what business purpose it was collected or shared, and to which categories of third parties it was shared. You also have the right to request the deletion of your CCPA PI. Upon your request, we will delete the CCPA PI information that we have collected, except for situations when it is necessary for us to retain it: provide you with a Service that you have requested, maintain the functionality or security of our systems; or comply with or exercise rights provided by the law.

How to contact us

If you have questions regarding these Terms of Service, please reach us as follows:

Aerwave, Inc.

Attn: Legal Department

P.O. Box 794476

Dallas, TX 75379

–or–
Email: legal@aerwave.io

Acceptance of the Website Terms of Use

These terms of use are entered into by and between You (“User”) and Aerwave, Inc. (“Aerwave,” “we,” or “us”). The following terms and conditions, together with the Aerwave’s Privacy Policy (collectively, “Website Terms of Use”), govern your access to and use of https://www.aerwave.com/, including any content, functionality, and services offered on or through https://www.aerwave.com/ (the “Website”), whether as a guest or a registered user.

Please read the Website Terms of Use carefully before you start to use the Website.

This Website is offered and available to users who are 18 years of age or older and permits global access to users residing anywhere in the world. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Aerwave and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you will not be permitted access or permission to use the website.

Changes to the Website Terms of Use

We may revise and update these Website Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Website Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Website Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your security information. You agree to notify us immediately of any unauthorized access to or any other breach of security. You also agree to ensure that you exit your account at the end of each session. 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 have the right to disable any account 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 Website Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Aerwave, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Website Terms of Use permit you to use the Website 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 Website, 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 or download one copy of a reasonable number of pages of the Website 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.
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: team@aerwave.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Website Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Aerwave. Any use of the Website not expressly permitted by these Website Terms of Use is a breach of these Website Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Aerwave name, the Aerwave logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Aerwave or its affiliates or licensors. You must not use such marks without the prior written permission of the Aerwave. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Website Terms of Use. You agree not to use the Website:

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 United States 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 transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Aerwave, a Aerwave 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 Website, or which, as determined by us, may harm the Aerwave or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Website Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents.

This Website may include(s) content provided by third parties, including materials provided by 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, other than the content provided by the Aerwave, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Aerwave. 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.

Changes to the Website

We will update the content on this Website regularly to ensure that all content reflected is up to date.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Texas in the United States. Although we provide this Website for global use, we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AERWAVE NOR ANY PERSON ASSOCIATED WITH AERWAVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AERWAVE NOR ANYONE ASSOCIATED WITH AERWAVE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, AERWAVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AERWAVE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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. SUBJECT TO THE FOREGOING LIMITATIONS, YOUR RECOVERY OF ANY DIRECT DAMAGES IS LIMITED TO USD $50.00.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Aerwave, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, 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 Website Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Website Terms of Use, or your use of any information obtained from the Website.

Arbitration

YOU AND AERWAVE, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE WEBSITE TERMS OF USE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(a) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section and any arbitration between us.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer’s arbitration fees to AAA. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

(b) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR AERWAVE, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

(d) The arbitration shall be heard by one arbitrator, chosen by agreement of the parties. If the parties fail to agree on an arbitrator within 30 days of the commencement of the arbitration, the arbitrator selection mechanism in the AAA’s Consumer Arbitration Rules shall apply. The place of arbitration shall be Montgomery Country, Texas unless the parties agree in writing to a different location. Regardless of where the arbitration proceeding actually takes place, all aspects of the arbitration and the Agreement shall be governed by the provisions of the laws of the State of Texas (except if there is no applicable state law providing for such arbitration, then the Federal Arbitration Act shall apply) and the procedural and substantive law of such state shall be applied without reference to conflict of law rules. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law or to enforce an award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the parties to this Agreement.

The parties to this Agreement acknowledge that by agreeing to this arbitration provision, they are giving up the right to litigate claims against each other, and important rights that would be available in litigation, including the right to trial by judge or jury, to extensive discovery and to appeal an adverse decision. The parties acknowledge that they have read and understand this arbitration provision, and that they voluntarily agree to binding arbitration.

Waiver and Severability

No waiver by Aerwave of any term or condition set out in these Website Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aerwave to assert a right or provision under these Website Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Website Terms of Use 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 Website Terms of Use will continue in full force and effect.

Entire Agreement

The Website Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Aerwave, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Aerwave, Inc. located at:

Aerwave, Inc.

P.O. Box 794476

Dallas, TX 75379

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: team@aerwave.com.