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TERMS and conditions

Effective Date of Current Policy: November 1, 2022

Air Skate and Air Jump Corporation, d/b/Air Jump Footwear ("we", "our", or "us")

operates the website located at www.airjump.us. The following Terms of Service and

any other rules posted on the Site (collectively, the “Terms”) constitute an agreement

between Air Jump Footwear and you, the visitor, governing your access and use of all

content and functionalities available at www.airjump.us and related micro-sites

accessible through www.airjump.us and related domain names (collectively the Site).

Please read these Terms carefully. By using the Site, you agree to these Terms as well

as any other terms, guidelines or rules that apply to any portion of the Site, without

limitation or qualification. If you do not agree to these Terms, you must exit the Site

immediately and discontinue any use of the information or products obtainable or

accessible through the Site. If you are under 18, you may use this Site only with

involvement of a parent or guardian. If you are a parent or legal guardian, you must

monitor and supervise the use of this Site by children, minors and others under your

care.

Privacy

Your privacy is very important to us. Our Privacy Policy explains how we treat your

personal information and protect your privacy when you are using the Site.

Limited License and Site Access; Acceptable Use

We grant you a limited license to use the Site for personal non-commercial use only.

You may not: (a) resell or make any commercial use of this Site or any of the contents

of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or

convert any of the contents of this Site not intended to be so read; (c) copy, imitate,

mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of

the contents of this Site in any form or by any means; or (d) use any data mining, bots,

spiders, automated tools or similar data gathering and extraction methods on the

contents of the Site or to collect any information from the Site or any other user of the

Site.

You use this Site at your own risk. You agree that you will be personally responsible for

your use of this Site and for all of your communication and activity on this Site. If we

determine, in our sole discretion, that you engaged in prohibited activities, were not

respectful of other users, or otherwise violated the terms, we may deny you access to

this Site on a temporary or permanent basis and any decision to do so is final.

Accounts, Registrations and Passwords

If you use this Site and such use requires setting up an account and/or password(s),

you are solely responsible for maintaining the confidentiality of your account and

password(s) and for restricting access to your computer. If you open an account,

 

register, or otherwise provide us with any information, you agree to provide us with

current, complete, and accurate information as requested by any forms. Air Jump

Footwear is not responsible for any errors or delays in responding to any inquiry or

request caused by any incorrect, outdated, or incorrect information provided by you or

any technical problems beyond the control of Air Jump Footwear. You acknowledge and

agree that any login, identifier, or password issued in connection with this Site (each a

"Password") is confidential information and must be kept secure. You may not disclose

such Password to another person or entity or permit another entity to access the Site

using such Password. You must notify Air Jump Footwear immediately of any breach of

security or unauthorized use of your account. Air Jump Footwear cannot be responsible,

and disclaims all liability in connection with, the use of any information that you post or

display on this Site.

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you in relation to any copyright,

designs, trademarks and all other intellectual property and material rights mentioned,

displayed or relating to the Content (defined below) on the Site. All Content, including

third party trademarks, designs, and related intellectual property rights mentioned or

displayed on this Site, are protected by national intellectual property and other laws.

Any unauthorized reproduction, redistribution or other use of the Content is prohibited

and may result in civil and criminal penalties. You may use the Content only with our

prior written and express authorization. To inquire about obtaining authorization to use

the Content, please contact us support@airjump.us.

In addition to the intellectual property rights mentioned above, Content"is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or

text on the Site.

Hyperlink Policy

Please be aware that the Site may contain links to third party websites. Any such link is

provided only as a convenience. The inclusion of any link does not imply an affiliation,

sponsorship, endorsement, approval, investigation, verification or monitoring by Air

Jump Footwear of any information contained in any third-party website. In no event shall

Air Jump Footwear be responsible for the information contained on that website or your

use of or inability to use such website. You should also be aware that the terms and

conditions of such website and the website’s privacy policy may be different from those

applicable to your use of the Site.

Monitoring Activity

Air Jump Footwear has no obligation to monitor this Site or any portion thereof.

However, we reserve the right to review any posted content and remove, delete, redact,

or otherwise modify such content, in our sole discretion, at any time and from time to

time, without notice or further obligation to you. Air Jump Footwear has no obligation to

display or post any content. Air Jump Footwear, subject to the Privacy Policy reserves

 

the right to disclose, at any time and from time to time, any information or posted

content that it deems necessary or appropriate, including without limitation to satisfy any

applicable, law, regulation, contractual obligation, legal, dispute process, or

governmental request. Air Jump Footwear shall have no liability in connection with any

content or content submitted to, transmitted via, or displayed or posted on this Site,

regardless of whether provided by Air Jump Footwear or any other party.

Digital Millennium Copyright Act

Air Jump Footwear expects all users to respect the intellectual property rights of others.

Air Jump Footwear may remove material that appears in its sole discretion to infringe

upon the intellectual property rights of others, and we will terminate the access rights of

any repeat infringer. If you are a copyright owner or an agent thereof and believe that

any Content infringes upon your copyrights, you may notify us at support@airjump.us.

The notification must include the following information: physical or electronic signature

of the owner or authorized agent of the owner of the allegedly infringed work;

identification of the allegedly infringed work; identification of the material that is claimed

to be infringing and reasonably sufficient information for Air Jump Footwear to locate the

material; contact information of the notifying party, such as address, telephone number

and email; a statement that the notifying party has a good faith belief that the use of the

material in the manner complained of is not authorized by the owner of the allegedly

infringed work, its agent or the law; and a statement, under penalty of perjury that the

information in the notification is accurate and the notifying party is the owner or

authorized agent of the allegedly infringed work.

DISCLAIMER

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AIR JUMP

FOOTWEAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND

REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS

TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA,

SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS

OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B)

WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND

(C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE

ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS

THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS

AT YOUR OWN RISK.

Limitation of Liability

You agree that in no event shall Air Jump Footwear be liable to you, or to any third

party, for any lost profits, incidental, consequential, punitive, special, or indirect

damages arising out of or in connection with the Site or the Terms, even if advised as to

the possibility of such damages, regardless of whether the claim for such damages is

 

based in contract, tort, strict liability or otherwise. This limitation on liability includes, but

is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss

or damage of any kind incurred by you as a result of your use of or reliance on the

Content; (ii) the transmission of any bugs, viruses, trojan horses or the like which may

infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized

access to or use of the Site or Air Jump Footwear’s secure servers and/or any and all

personal information and/or financial information stored therein; or (iv) theft, operator

errors, strikes or other labor problems or any force majeure.

INDEMNIFICATION

You agree to indemnify and hold Air Jump Footwear and its subsidiaries, affiliates,

officers, directors, agents, and employees, harmless from and against any suit, action,

claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or

resulting from any third party due to or arising out of your use of the Site, breach of the

Terms or the materials it incorporates by reference, or your violation of any law,

regulation, order or other legal mandate, or the rights of a third party.

Choice of Law; Disputes

You will resolve any claim, cause of action or dispute (together a “claim”) you have with

Air Jump Footwear arising out of or relating to the Site or the Terms exclusively in a

state or federal court located in New York. The laws of the State of New York will

govern the Terms, as well as any claim that may arise between you and Air Jump

Footwear, without regard to conflict of law principles. You agree to submit to the

exclusive personal jurisdiction of the courts of the State of New York for the purpose of

litigating all such claims. Any dispute arising hereunder or related to your use of the Site

shall be solely between you and Air Jump Footwear, and to the fullest extent permitted

by law, no dispute or proceeding shall be joined with any other or decided on a class-

action basis. In the event any breach of these ToS portends irreparable injury to Air

Jump Footwear, you agree that Air Jump Footwear shall be entitled to seek equitable

relief, including injunctions and declaratory judgments, in addition to any other remedies

permitted by law.

Right to Update or Revise Terms of Use

We reserve the right to update and revise these Terms at any time. You will know if

these Terms have been revised since your last visit to the website by referring to the

"Effective Date of Current Policy" date at the top of this page. Your use of our Site

constitutes your acceptance of these Terms as amended or revised by us from time to

time, and you should therefore review these Terms regularly.

Electronic Communications

When you visit the Site, or send us emails, you are communicating with us

electronically. In so doing, you consent to receive communications from us

electronically. You agree that all agreements, notices, disclosures, and other

communications that we provide to you electronically satisfy any legal requirement that

such communication be in writing.

Severability

 

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable,

that term shall be deemed severable and shall not affect the validity and enforceability

of any remaining terms or conditions.

Entire Agreement

These Terms set forth the entire understanding and agreement between you and Air

Jump Footwear with respect to the subject matter herein and supers all prior or

contemporaneous communications and proposals, whether electronic, oral or written

with respect to the Site. A printed version of these Terms and of any notice given in

electronic form shall be admissible in judicial or administrative proceedings based upon

or relating to these Terms to the same extent and subject to the same conditions as

other business documents and records originally generated and maintained in printed

form. Any rights not expressly granted herein are reserved. You may not assign the

Terms, or assign, transfer or sublicense your rights therein. A failure to act with respect

to a breach by you or others does not waive Air Jump Footwear’s right to act with

respect to subsequent or similar breaches.

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