Terms and Conditions

Last Revised: September 30, 2022

These Terms and Conditions (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and 4AIR, LLC (referred to as “Company,” “us,” “we,” or “our”), concerning your access and use of the www.4air.aero website (the “Website”).

Acceptance of Terms and Conditions

By visiting our Website or placing an order for products or services from us, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.4air.aero/privacy, incorporated herein by reference. If you do not agree with all of these Terms, then you are expressly prohibited from using the Website and you must discontinue use immediately.

Changes to Terms and Conditions

These Terms are subject to change at any time, without notice to you, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Revised" date referenced on the Website, but any transaction you conduct with us will remain governed by the Terms that were in effect at the time you initiated the transaction. You should review these Terms prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the "Last Revised” date will constitute your acceptance of and agreement to such changes.

Accessing the Website and Account Security

We reserve the right to change 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, including registered 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 Terms 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 us through 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 by providing information to us, you consent to all actions we take with respect to that information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other 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 username, password, or other security information. 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. 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 username, 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.

Description of the Specified Resources

Carbon Offsets

The Company acquires carbon offset credits in accordance with carbon offset protocols established and governed by independent, third-party registries, including but not limited to the Climate Action Reserve, American Carbon Registry, the Verified Carbon Standard and the Gold Standard (“Registry” or “Registries”). The carbon offset credits are issued and stored by the applicable Registry and each offset credit, once issued, has a unique and distinct serial number. When you make an order and payment to us, the corresponding number of credits are identified for retirement. The Company then retires the identified number of credits on a Registry. The serial number corresponding to the retired credits is entered into the Company’s internal tracking system and linked to your payment. We will provide proof of actions for all carbon offset purchases which demonstrate, as determined by us in our reasonable discretion, that the requested quantity of carbon emissions have been reduced/sequestered. The Company retires offsets annually and reserves the right to choose or substitute carbon offset projects in our reasonable discretion up until retirement.

Sustainable Aviation Fuel

Sustainable aviation fuel, or “SAF,” is jet fuel refined from sustainable feedstocks as defined by the International Civil Aviation Organization Secretariat as “CORSIA Eligible Fuels". A sustainable aviation fuel credit, or “SAFc,” is a tradeable credit that represents one unblended gallon of SAF and its associated emissions reduction of greenhouse gases.

The Company may in its sole discretion acquire SAF and SAFc generated from any specified SAF resource so long as the specified SAF resource and its associated emission reductions meet all certification requirements as described in the applicable order confirmation.

Transactions conducted by the Company in SAF and SAFc on your behalf pursuant to these Terms will be for the benefit of you, and the Company will not make any claims or reserve any rights with respect to environmental attributes of such SAF or SAFc.

Aviation Climate Fund

All amounts contributed to the Company in connection with Level 4 (as defined below), are non-refundable and will be held by the Company and commingled with other similarly contributed funds. Contributions to the Aviation Climate Fund are not intended to be tax-deductible charitable contributions nor bear any investment interest and the Company explicitly disclaims any representations or warranties to that effect. 

The Company represents and warrants that (i) 100 percent of the funds contributed to the Aviation Climate Fund will be used to fund research and write grants generally related to aviation and environmental sustainability, and (ii) none of the Aviation Climate Fund assets will be distributed to any affiliate of the Company. Subject to the preceding representations, the Company will, in its sole discretion, control the distribution and use of the Aviation Climate Fund, including without limitation the allocation, timing and conditions of any distributions of Aviation Climate Fund assets.

Calculation of Carbon Footprint

The Company will calculate your carbon footprint using methodologies selected in its sole discretion, which may include methods consistent with ICAO and Greenhouse Gas Protocols. When you purchase a subscription from us to offset your carbon footprint, you agree to provide us with all flight, aircraft, and client data that we require to establish and verify your carbon footprint. You are solely responsible for ensuring the accuracy of the information you provide to us, and you agree to promptly notify us of any changes to that information. In addition, you acknowledge that the Company does not guarantee the accuracy of any information obtained from third parties (including without limitation flight tracking services) to calculate your carbon footprint.

Use of the specified resources will follow this table:

Sales and Payment Processing

We reserve the right to refuse any order placed through the Website at our sole discretion. By making a purchase on the Website, you agree to pay us, through our third-party payment processor, all charges as set forth at the time of your purchase. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We reserve the right to adjust prices in our sole discretion, at any time with notice to you. All sales are final and no refund will be issued.

Should you purchase a subscription from us, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. You may terminate your subscription at any time upon thirty (30) days’ written notice to us. To terminate your authorization or change your payment method, please email info@4air.aero. We reserve the right to cancel any subscription service at any time. 

Personal Information

Any information you provide us will be dealt with in accordance with our Privacy Policy.

Intellectual Property

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 Company, its licensors, or other providers of such material and are protected, as applicable, by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms 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. We reserve all rights not expressly granted to you in and to the Website and its content.

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 Terms, 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 Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. 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 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 these Terms.

·         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 Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses 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 Company 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 Terms, 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

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.

Changes to Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Third-Party Websites and Content

Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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 THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY 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, THE COMPANY 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 THE COMPANY, 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. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES PROVIDED BY THE COMPANY FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY FOR SUCH SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, 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 Terms 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 Terms, or your use of any information obtained from the Website.

Force Majeure

We shall not be liable in any manner or be deemed to be in breach of these Terms because of any delay in performing or any failure to perform any of our obligations under these Terms (including but not limited to the purchase of carbon credits on your behalf) if the delay or failure was due to any cause beyond the our reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labor disputes or inability to obtain or a delay in obtaining supplies of goods or labor).

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. We may assign any of our rights and/or obligations under these Terms, in whole or in part.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Ohio without regard to choice or conflicts of law principles. Further, you and the Company agree that any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the state or federal court located in Cuyahoga County, Ohio. You and Company each waive any right to a jury trial.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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.

Entire Agreement

Subject to the terms and conditions contained in any order executed by you and the Company, these Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Contact Information

All questions, feedback, comments, requests for technical support, and other communications relating to the Website or these Terms should be directed to: info@4air.aero.