Terms of Use and Service

January 1, 2009

Welcome to Aerhub.com, a social network that connects you with co-workers and the people around you. The Aerhub Service (defined below) is operated by Aerhub, LLC. and its subsidiaries and affiliates ("us," "we" or "Aerhub"). By using or accessing the Aerhub Service, you agree that you have read, understand and are bound by these Terms of Use ("Terms") and Service. We reserve the right, at our sole discretion, to change or delete portions of these Terms and service at any time without further notice. Your continued use of the Aerhub Service after any such changes constitutes your acceptance of the new Terms and Service.

Privacy

When you visit Aerhub you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.

When you register with Aerhub, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, employment and any other personal or preference information that you provide to us.

When you enter Aerhub, we collect your browser type and IP address. This information is gathered for all Aerhub visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to Aerhub. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.

When you use Aerhub, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.

You post User Content on the Site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.

Any improper collection or misuse of information provided on Aerhub is a violation of the Aerhub Terms of Use and Service and should be reported to info@aerhub.com.

If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will send your friend an email or instant message in your name inviting him or her to visit the site. Aerhub stores this information to send invitations and reminders, to register a friend connection if your invitation is accepted, to allow you to see invitations you have sent, and to track the success of our referral program. Your friend may contact us at info@aerhub.com to request that we remove this information from our database.

Aerhub may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the Aerhub service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience.

By using Aerhub, you are consenting to have your personal data transferred to and processed in the United States.

Eligibility

You may not use the Aerhub Service if you are under 13. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the Aerhub Service. If you are required to register as a sex offender in any jurisdiction, you may not use the Aerhub Service.

Registration; Account Security

When you register for and use the Aerhub Service, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited Conduct

By using or accessing the Aerhub Service, you represent, warrant and agree that you will not:
• do anything that could disable, overburden or impair the proper working of the Aerhub Service;
• use any robot, spider, scraper or other automated means to access the Aerhub Service;
• send spam or any other unauthorized advertisements or solicitations through or using the Aerhub Service;
• harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of the Aerhub Service without consent from such users;
• solicit private information (including social security numbers, credit card numbers and passwords) from users of the Aerhub Service;
• provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
• use your profile (as opposed to a Page) for any commercial purpose;
• offer any contest, sweepstakes, coupon or other promotion through the Aerhub Service without our prior written consent;
• use an iFrame or offer web search functionality on the Aerhub Service;
• intimidate or harass any user;
• do anything that is illegal, infringing, fraudulent, malicious or could expose Aerhub or the Aerhub Service users to harm or liability; or
• attempt, encourage or facilitate any of the above.

User Content

By using or accessing the Aerhub Service, you represent, warrant and agree that you will not Post:
• User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
• any Contact Information or private information of any third party;
• false, misleading or fraudulent information;
• any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
• alcohol-related or other mature content on Pages on the Aerhub Service that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or
• User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.Aerhub does not pre-screen, review, edit or approve any User Content. Aerhub may, in its sole discretion, remove or disable access to any User Content.

"User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Aerhub Service. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the Aerhub Service.

IP Complaints

We respect the IP rights of others and we prohibit users from Posting User Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on the Aerhub Service infringes your IP rights, please send a note to info@aerhub.com. All IP claims will be handled in accordance with the Digital Millennium Copyright Act

Mobile

There are features of the Aerhub Service that may be accessible via certain mobile carriers (the "Mobile Services"). While we currently do not charge for these Mobile Services, your carrier's normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information on the Aerhub Service to ensure that your messages are not sent to the person that acquires your old number.

Third Party Applications and Connect Sites

The "Aerhub Platform" is a set of APIs and services that third parties may use to (a) create applications for use on the Aerhub Service ("Applications") and (b) enable their websites to work like Applications ("Connect Sites") through Aerhub ("Connect"). Applications and Connect Sites will be referred to together as "Applications/Connect Sites," which should be read as Applications and/or Connect Sites.

If you authorize an Application or allow a Connect Site to connect with your account on the Aerhub Service, you agree that such Application/Connect Site can (a) access information on the Aerhub Service related to you (including your profile information, friends and privacy settings) and (b) generate and publish news feed and other stories about actions you take on such Application/Connect Site without any additional permission. If you want to change the information that Applications/Connect Sites can access, you may modify your privacy settings. If you no longer want these news feed or other stories to be published, you can disable this feature by changing your application settings. If you, your friends or members of your network use any Application/Connect Site, such Applications/Connect Sites may access and share certain information about you with others in accordance with your privacy settings.

Once you allow a Connect Site to connect with your account on the Aerhub Service, you will be able to use your login information for the Aerhub Service to log into and interact with your friends on that Connect Site. In order to make Connect possible, you agree to allow us to check your cookies for the Aerhub Service when you are visiting Connect Sites. When your friends connect their account on the Aerhub Service with a Connect Site, Connect will enable them to find friends on the Aerhub Service that may also be users of that Connect Site and invite them to use Connect as well. If you do not want your friends to be able to invite you to connect on a Connect Site, you may change your privacy settings to disable this feature. Even if you have not gone through the Connect process, you may be able to authorize a Connect Site to generate and publish news feed and other stories about an action or all actions that you take on that Connect Site. If you want to change your settings for that Connect Site, visit your application settings.

Your Privacy Practices

We respect the privacy rights of third parties, and you must do so as well on the Aerhub Service.

If you collect, access or use information relating to any user of the Aerhub Service (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not Aerhub.

Credits Use

You must be authorized to use the credit card, debit card or other payment source ("Card") you provide to purchase certain services. By purchasing certain services, you authorize Aerhub or its designated payment processor to charge the purchase amount (plus any applicable tax) to your Card. By providing your Card account information to Aerhub, you authorize us to collect and store it and other related transaction information.

Ownership; Proprietary Rights

Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Aerhub Service are the property of Aerhub and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, AERHUB, the A LOGO and all related logos, are trademarks of Aerhub. Except as expressly authorized by Aerhub in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.

Licenses

You are solely responsible for the User Content that you Post on or through the Aerhub Service. You hereby grant Aerhub an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Aerhub Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Aerhub Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Aerhub ("Submissions"), are non-confidential and non-proprietary. Aerhub will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold Aerhub responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Aerhub Service. This includes transactions conducted on the Aerhub Service as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the Aerhub Service, you release Aerhub and its directors, officers, employees and agents (collectively, the "Aerhub Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

If you believe that the Aerhub Service or Aerhub's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Aerhub”s legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Aerhub Service is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold Aerhub Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the Aerhub Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Aerhub reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Aerhub, and you agree to cooperate with Aerhub's defense of these Claims.

General Disclaimers

USE OF THE AERHUB SERVICE IS AT YOUR OWN RISK. THE AERHUB SERVICE, AERHUB WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE AERHUB SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AERHUB, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, AERHUB, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE AERHUB SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE AERHUB SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

AERHUB IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE AERHUB SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AERHUB ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE AERHUB SERVICE, THE AERHUB WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE AERHUB SERVICE, EVEN IF AERHUB OR A AERHUB AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AERHUB'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF AERHUB ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE AERHUB SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE AERHUB SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO AERHUB DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Termination and Changes to the Aerhub Service

We may terminate your account on the Aerhub Service, delete your profile and any User Content you have Posted on or through the Aerhub Service, and/or prohibit you from using or accessing the Aerhub Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the Aerhub Service at any time without notice. The following sections will survive any termination of your use of the Aerhub Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Aerhub Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.

Arbitration

Except as set forth in the paragraph below, you agree that all claims and disputes between you and Aerhub that arise out of or relate in any way to the Terms or your use of the Aerhub Service will be resolved either by (a) binding arbitration by a single arbitrator in the state of Connecticut or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission.

With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.

Governing Law; Venue and Jurisdiction

You agree that all claims and disputes between you and Aerhub that arise out of or relate in any way to the Terms or your use of the Aerhub Service will be governed by the laws of the State of Connecticut (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Unionville, Connecticut.

Other

The "Aerhub Service" means the features, services and properties that Aerhub makes available through (a) www.aerhub.com or any other Aerhub-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Aerhub Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms of Use and Service will be in the English language. You consent to receiving communications and notices from Aerhub at the email address you provide in registering for the Aerhub Service or otherwise elect in your account settings. These Terms of Use and Service constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the Aerhub Service.

Questions

Please visit our FAQ pages for more information.