Airwavz Inc. (“Airwavz,” “we,” “us,” or “our”) welcomes you. We are really excited that you have decided to access and use our website located at https://redzonereceiver.tv (“Site”).
We provide access to the Site to visitors subject to the following Terms of Use, which we may be updated from time to time without notice to you. These Terms of Use govern your use of the Site. By browsing the public areas or by accessing and using the Site, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”) and available at https://redzonereceiver.tv/legal/privacy-policy (the “Privacy Policy”). If you do not agree to any of these terms, then please do not use the Site in any way. The Site offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in the Privacy Policy.
1. AIRWAVZ’S SITE
We are the premiere provider of RedZone Receiver™, a small, USB television receiver that accesses North American TV channels 2 thru 51. RedZone Receiver can be plugged into a USB 2.0 port and using our Airwavz SDK tool lets the user observe, quantify and assess ATSC 3.0 digital TV service.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. LICENSE AND SITE ACCESS
We grant you a limited license to access the Site for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license we grant to you.
3. ELIGIBILITY AND REPRESENTATIONS
You are not permitted to access the Site if we remove or suspend your account for any reason. By accessing and using the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
During checkout of a purchase you will be required to provide us with certain Personal Data. Our use of this Personal Data is governed by Airwavz’s Privacy Policy https://redzonereceiver.tv/legal/privacy-policy. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion thereof).
4. COMMUNITY GUIDELINES
Our online community, like any community, functions best when its members follow a few simple rules. By accessing and/or using the Site, you hereby agree to comply with these community rules and that:
• You will not send Airwavz any hazardous materials;
• You will not use the Site for any unlawful purpose
• You will not post or send Airwavz false or misleading information;
• Other than sending Airwavz information in accordance with this Agreement, you will not use the Site to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
• You will not access or use the Site to collect any market research for a competing business;
• You will not upload to, distribute or otherwise publish through the Site any User Content (as defined below) that:
o is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
o may contain software viruses or malware;
o contains advertisements or solicitations of any kind, or other commercial content;
o contains messages by non-spokesperson employees of Airwavz purporting to speak on behalf of Airwavz or containing confidential information or expressing opinions concerning Airwavz;
o contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site;
• You will not take any action that imposes or may impose (in Airwavz’s sole discretion) an unreasonable or disproportionately large load on Airwavz’s technical infrastructure;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with Airwavz’s robots.txt file;
• You will not use any automated device or software that enables the submission of automatic postings on the Site without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
• You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we will review it. We reserve the right, in our and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice and remove any User Content that does not adhere to these guidelines.
5. THE PRODUCTS; SHIPPING; RETURN POLICY
Product Availability and Pricing
All products that we sell through the Site (the “Products”) are provided by and supplied by Airwavz.
If you are interested in a Product that is currently on back order or is otherwise unavailable, email us at support@airwavz.tv, and we can tell you when the Product will be back in stock. Sometimes with the volume of orders we receive, a Product may go out of stock before we are able to post a notification on the Site. If this happens after you purchased that Product, we will contact you directly to discuss possible options. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.
Product Descriptions
We make every attempt to ensure that our online catalog is as accurate and complete as possible. To give you the opportunity to view the Products in great detail, some Products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can get the details of a particular item.
Billing Information
In order to purchase Product(s), you must provide us with valid credit card information. By providing such information, you warrant and represent that (i) the information is valid and accurate, (ii) you are the owner or an authorized user of such credit card, and (iii) you are responsible for any and all charges made using such credit card information.
Shipping Terms
Products purchased by you will be shipped in accordance with our then current shipping policy. You can contact us at support@airwavz.tv to learn more.
Return Policy
You may return Products only in accordance with our then current Return Policy, a current version of which can be viewed here https://redzonereceiver.tv/faq
6. INTELLECTUAL PROPERTY
The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by us or on our behalf (collectively referred to as the “Content”). The Content includes Product Descriptions. The Content is owned by Airwavz. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Airwavz (“Airwavz Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Airwavz. Other company, product, and service names used and displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Airwavz Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Airwavz Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be re transmitted without our express, written consent for each and every instance.
7. PROCEDURE FOR CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and attempts to comply with all relevant laws, and expect our users to do the same. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
Copyright Agent
c/o Airwavz Inc.
support@airwavz.tv
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
8. COMMUNICATIONS TO AIRWAVZ; USER SUBMISSIONS; AND PUBLICITY
The Site may provide you and other users with the ability to send messages or post content (together, “User Content”) to or for other users and non-users. We are under no obligation to review any User Content and assume no responsibility or liability relating to any such User Content. Notwithstanding the above, we may from time to time monitor the User Content and may decline to accept and/or remove any User Content. You acknowledge that you are responsible for any User Content you submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such User Content.
You retain all copyrights and other intellectual property rights in and to your User Content. With respect to any User Content you submit or make available through the Site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such User Content or any part of such User Content, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any User Content you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to us, and (ii) our authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). Without limiting the foregoing, you acknowledge and agree that uses of your User Content permitted by the foregoing rights and licenses may include the display of such User Content adjacent to advertising and other material or content, including for profit. Please take care with the User Content that you provide. Any Personal Data that you make available in any User Content will be made available to other users of the Site and to the general public and will not be subject to the terms of our Privacy Policy.
9. ELECTRONIC COMMUNICATION
When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications electronically from us and our affiliates. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
10. NO WARRANTIES/LIMITATION OF LIABILITY
AIRWAVZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR, EXCEPT AS OTHERWISE PROVIDED BY AIRWAVZ TO YOU ON A PRODUCT BY PRODUCT BASIS, ANY PRODUCTS. AIRWAVZ SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND ALL CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE (THE “CONTENT”), AS WELL AS ALL PRODUCTS, AT YOUR OWN RISK.
AIRWAVZ DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AIRWAVZ SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE, THE CONTENT AND, UNLESS OTHERWISE PROVIDED BY AIRWAVZ TO YOU ON A PRODUCT BY PRODUCT BASIS, ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AIRWAVZ DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
AIRWAVZ SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL OR REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATING TO THIS AGREEMENT. AIRWAVZ’S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE LESSER OF THE FEES PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR $100.
THE SITE AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. AIRWAVZ IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. THE SITE AND/OR THE CONTENT MAY CONTAIN INFORMATION ON PRODUCTS WHICH ARE NOT AVAILABLE IN EVERY LOCATION OR WHICH ARE NO LONGER AVAILABLE. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE TO YOU. AIRWAVZ RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND/OR ANY PRODUCT LISTING AT ANY TIME WITHOUT NOTICE.
11. EXTERNAL SITES
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of your transactions made through the Site, or your access to, use, or misuse of the Site, the Content, or any Product. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
13. COMPLIANCE WITH APPLICABLE LAWS
The Site is based in the United States. We make no claims concerning whether the Site or any Content may be downloaded, viewed, or be appropriate for use outside of the United States. We also make no claims concerning whether any Product is appropriate for sale outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
14. MODIFICATION AND NOTIFICATION OF CHANGES
We reserve the right to make changes to the Site and these Terms of Use at any time. If we make a material modification to these Terms of Use, we will notify you by: (i) sending an email to the address associated with your account (we are not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add redzonereceiver.tv and airwavz.tv to the list of domains approved to send you email (commonly known as your “whitelist”)); or (ii) displaying a prominent announcement above the text of these Terms of Use for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.
After notice of a modification to the Terms of Use has been posted for 30 days, the notice may be removed. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new Terms of Use.
15. FORCE MAJEURE.
We shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control . In the event that we are temporarily unable to ship a Product purchased by you because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
16. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Site or any part thereof, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
17. MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the State of Washington, without respect to its conflict of law’s provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Washington; and (ii) that the Site shall be deemed passive and does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Washington.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE CONTENT, ANY PRODUCT, OR OTHERWISE ARISING OUT OF RELATED TO THIS AGREEMENT, OR AIRWAVZ’S SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to Airwavz; User Submissions; and Publicity,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Airwavz and you in writing, this Agreement constitutes the entire Agreement between you and Airwavz with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicenses’.
HOW TO CONTACT AIRWAVZ
If you have any questions or comments about these Terms of Use or the Site, please contact us by email at legal@airwavz.tv.

Airwavz, Inc. (“Airwavz,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our website located at www.Airwavz.tv (“Site”).
This Privacy Policy sets forth our policy with respect to personally identifiable information and other information that is collected from Site visitors.
By using the Site, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.
If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at support@airwavz.tv.
INFORMATION WE COLLECT
1. Personal Data
We collect personally identifiable information from you when you voluntarily provide such information, such as when you complete a purchase transaction (for example, name, email address, and payment information) or when you otherwise contact us with inquiries or respond to one of our surveys (such information is collectively referred to herein as “Personal Data”). We do not collect any Personal Data from you when you use the Site unless you provide us with the Personal Data voluntarily. When you voluntarily submit your Personal Data to us, you are giving us your consent to the collection, use, and disclosure of your Personal Data as set forth in this Privacy Policy.
2. Other Information
We may collect additional information (collectively, the “Other Information”). Such Other Information may include:
a. From You. Additional information that you voluntarily provide to us, such as hobbies, personal interests, household income range, gender, marital status, occupation, product and service preferences, and other information that does not identify you personally.
b. From Your Activity. Information that we automatically collect when you use the Site, including, without limitation:
• IP address, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Site visited, etc.;
• Information about a mobile device, including universally unique ID (“UUID”), Platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (Wi-Fi, 2G, 3G, 4G)); and
• Activity and usage information occurring via the Site, including search information.
c. From Cookies. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Site. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Site may not function properly.
3. Transaction Information
We collect and retain information regarding our transactions with you processed via the Site (such information, “Transaction Information”).
ACCESSING AND MODIFYING PERSONAL DATA AND COMMUNICATION PREFERENCES
If you have provided to us Personal Data, you may access, review, and make changes to your Personal Data by contacting us. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Airwavz marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to your transactions with us.
HOW WE USE AND SHARE THE INFORMATION
We use the Personal Data, the Other Information, and the Transaction Information (collectively, the “Information”) to process your transactions, provide and improve the Site and our services, solicit your feedback, inform you about our products and services, and administer our rewards and promotional programs. Also, we may share Information as described below.
• To administer our rewards and promotional programs, we may share your Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
• In an ongoing effort to better understand our users, Site, and services, we might analyze the Information in aggregate form in order to operate, maintain, manage, and improve our services and/or Site. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe the Products, the Site and our business to current and prospective business partners and to other third parties for other lawful purposes.
• We may employ other companies and individuals to perform functions on our behalf. Examples may include providing processing payments for Products purchased through the Site, marketing assistance, information technology support, and customer service. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
• With your permission, third-party applications or services may access your Information.
• We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
• As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
• If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), we may share Information with those organizations participating in the applicable event. Unless we tell you otherwise in connection with a special event, these third parties do not use your Information for any other purpose other than to manage the event. We may authorize trusted partners to send you information about products and services that may be of interest to you.
• To the extent permitted by law, we may also disclose the Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of Airwavz or others.
HOW WE PROTECT YOUR INFORMATION
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
IMPORTANT NOTICE TO NON-U.S. RESIDENTS
It is important to note that the Site and its servers are operated in the United States. If you are located outside of the United States, please be aware that any Personal Data you provide to us will be transferred to the United States. By using the Site and by providing us Personal Data, you hereby consent to this transfer and our use of the Information in accordance with this Privacy Policy.
CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents who have an established business relationship with Airwavz may choose to opt out of our sharing their Personal Data with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Data to third parties for the direct marketing purposes, please contact us as set forth below.
EXTERNAL WEBSITES
The Site may contain links to External Sites. We have no control over the privacy practices or the content of any such External Site. As such, we are not responsible for the content or the privacy policies of those External Sites. You should check the applicable third-party privacy policy and terms of use when visiting any External Site.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to make changes to this Privacy Policy at any time. If we make a material modification to this Privacy Policy, we will notify you by: (i) sending an email to the address associated with your account (we are not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Airwavz.tv to the list of domains approved to send you email (commonly known as your “whitelist”)); or (ii) displaying a prominent announcement above the text of this Privacy Policy for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.
After notice of a modification to this Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new Privacy Policy.
USER CONTENT
Please recognize that if you submit any User Content through the Site, such User Content and all information contained therein, including, without limitation, any Personal Data, it will be made available to other users of the Site and to the general public and will not be subject to the terms of this Privacy Policy. Please carefully consider the information contained in any User Content and do not provide any Personal Data in any User Content, unless you are comfortable with the terms of this Section.
EMAIL COMMUNICATIONS
Email communication that you send to us via the email links on the Site may be shared with a customer care representative, employee or the expert that is most likely to be able to address your inquiry. If you provide Personal Data in your email, it will be used only for the purposes of answering your email. From time to time we may send you site-related emails.
NEWSLETTERS AND ALERTS
At various places on the Site you will be given the option to receive recurring event sales newsletters and to set alerts and reminders. You can unsubscribe from newsletters by clicking on the unsubscribe link.
HOW TO CONTACT US
If you have questions about this Privacy Policy, please contact us by email at support@airwavz.tv.

TERMS OF USE

Airwavz, Inc. (“Airwavz,” “we,” “us,” or “our”) owns and operates the messaging and connectivity platform and SDK available via mobile application (the “Platform”). We provide you access to the Platform subject to the following Terms of Use. By clicking “I ACCEPT,” you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference in its entirety (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not access or use the Platform.

We may update these Terms of Use from time to time, and we will provide notice of any modifications. By continuing to access or use the Platform after we make any modifications to the Terms of Use, you are agreeing to those modified terms.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. LICENSE GRANT; RESTRICTIONS OF USE

Subject to these Terms of Use, Airwavz hereby grants to you a limited, non-exclusive, non-transferable license, without the right to grant sublicenses, to access and use the Platform; provided, however, that you may only use the Platform in connection with Airwavz products purchased and used pursuant to the Airwavz terms and conditions associated with such products. Furthermore, if you have accessed or used the Platform through an application downloaded from the Apple, Inc. (“Apple”) application store (such app, the “Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

You will not: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Platform; (ii) modify, adapt, or translate the Platform; (iii) make any copies of the Content (as defined below) or any components of the Platform; (iv) make the Platform available on a “service bureau” basis; (v) remove or modify any proprietary marking or restrictive legends placed on the Content or the Platform; (vi) use the Platform in violation of any applicable laws or for any purpose not specifically permitted in these Terms of Use; or (vii) introduce into the Platform any software, virus, worm, “back door,” Trojan Horse, or similar harmful code. You may not access the Platform for purposes of monitoring performance or functionality, or for any other benchmarking or competitive purposes.

You also hereby agree to comply with our community guidelines:

• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
  • Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • Is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
  • Discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
• You will not “stalk” or otherwise harass another user of the Platform or any other person.
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice and without liability to you, if you fail to adhere to these guidelines.

2. INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Airwavz (collectively referred to as the “Content”). The Platform and the Content is owned by us or by third parties. The Platform and the Content are protected under both United States and foreign laws. Unauthorized use of the Platform and the Content may violate copyright, trademark, and other laws. You have no rights in or to the Platform or the Content, and you will not use the Platform or the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Platform or Content. You may not sell, transfer, assign, license, sublicense, or modify the Platform or Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Platform or Content in any way for any public or commercial purpose. The use or posting of the Platform or Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates.

The trademarks, service marks, and logos of Airwavz (“Airwavz Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Airwavz. Other company, product, and service names on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Airwavz Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Airwavz Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

3. USER TRANSMISSIONS

You may provide certain information, data, graphics, text, or other content to the Platform. You warrant and covenant that you have the necessary rights and/or third-party consents to freely use and share any content which you provide through the Platform (“User Transmissions”). You accept full responsibility for User Transmissions that you transmit via the Platform.

You accept that by sending User Transmissions, the User Transmissions will become available to the user(s) of the Platform you share such User Transmissions with, who may share, download, republish or in other ways interact with the User Transmissions. Airwavz is not responsible for such other user’s (or users’) use or misuse of your User Transmissions.

4. COPYRIGHT COMPLAINTS

If you believe the Platform contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Platform;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by email, please write to legal@airwavz.tv with COPYRIGHT NOTICE in the subject line.

5. COMMUNICATIONS TO US

You should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

6. ACCESSING AND DOWNLOADING A AIRWAVZ APP FROM APPLE

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:

• You acknowledge and agree that (i) these Terms of Use are concluded between you and Airwavz only, and not Apple, and (ii) Airwavz, not Apple, is solely responsible for the Apple App and content thereof. Your use of the Apple App must comply with the App Store Terms of Service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
• In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App. As between Airwavz and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of
• You acknowledge that, as between Airwavz and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App or your possession and use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You acknowledge that, in the event of any third party claim that the Apple App or your possession and use of that Apple App infringes that third party’s intellectual property rights, as between Airwavz and Apple, Airwavz, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the Apple App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Apple App against you as a third party beneficiary thereof.
• Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the Apple App.

7. TERM AND TERMINATION

This Agreement shall be effective from the time you click “I AGREE” and shall continue until terminated by either party as set forth herein.

We may terminate this Agreement, without penalty or liability, at any time, for any or no reason. We may terminate and/or suspend your registration or your use of the Platform immediately if you violate the terms and conditions of this Agreement.

Upon termination of this Agreement: (i) all rights and licenses granted hereunder will immediately cease; and (ii) you will immediately cease all use and access of the Platform. YOU AGREE THAT AIRWAVZ WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PLATFORM IN ACCORDANCE WITH THIS AGREEMENT.

8. NO WARRANTIES; LIMITATION OF LIABILITY

THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND EXCEPT ANY REQUIRED BY APPLICABLE LAWS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, AIRWAVZ SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING UNDER THESE TERMS OF USE OR RELATING HERETO, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS, AND WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.

9. EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

10. INDEMNIFICATION

You will defend, indemnify, and hold harmless Airwavz, our affiliates, and our and their respective officers, directors, managers, employees, and agents from any and all liabilities, costs, damages, and expenses (including reasonable attorneys’ fees) in connection with any third-party action, claim, or proceeding (each, a “Claim”) arising from your breach of this Agreement or your access to, use, or misuse of the Platform or the Content. We shall promptly notify you of any Claim; provide you, at your expense, with reasonable cooperation in the defense of the Claim; and provide you with sole control over the defense and negotiations for a settlement or compromise. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any Claim that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

11. COMPLIANCE WITH APPLICABLE LAWS

The Platform is based in the United States. We make no claims concerning whether the Platform or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of Washington, without respect to its conflict of law provisions. In the event of a dispute arising under or relating to this Agreement or the Platform (each, a “Dispute”), either party may elect to finally and exclusively resolve the Dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  Any court in the county of Washington, Washington may enforce the arbitrator’s award.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the county of Washington, Washington.  The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, Airwavz may litigate in court to seek injunctive relief.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.

The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “User Transmissions,” “Communications to Us,” “Term and Termination,” “No Warranties; Limitation of Liability,” “Indemnification,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicenses.

You consent and agree that your clicking of the “I ACCEPT” button constitutes your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to the enforceability of your signature. At our request, any electronically signed document must be re-executed in original form by you. No party hereto may raise the use of an electronic signature as a defense to the enforcement of this Agreement or any amendment or other document executed in compliance with this Agreement.

Copyright 2018 Airwavz, Inc. All rights reserved.

We at Airwavz, Inc. (“Airwavz,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Airwavz in connection with the Platform. By visiting or using the Platform, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Use.

The Information We Collect and/or Receive

In the course of operating the Platform, Airwavz will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.

1. Personal Information

You may provide us with personal information about yourself, such as your name, phone number, and e-mail address. And, if you contact us via the Contact Us page, you will need to provide your name and e-mail address. All information that we receive under this section is collectively called “Personal Information.” We do not collect any Personal Information from you when you use the Platform, unless you provide such information voluntarily.

2. Other Information

In addition to the Personal Information, we may collect or receive additional information (collectively, the “Other Information”). Such Other Information may include:

1. From Your Activity.In an ongoing effort to improve the Platform, we automatically collect certain information when you access and use the Platform. Such information includes, without limitation, IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Platform users visit, log files, and similar information and data.
2. From Cookies.We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly.

• From You.You may voluntarily provide us additional information about yourself that does not identify you personally, such as your gender, country, product and service preferences, and other information.

The Information Collected by or Through Third-Party Advertising Companies

You authorize us to share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

How We Use and Share the Information 

You authorize us to use the Personal Information and the Other Information (collectively, the “Information”) to provide and improve our Platform, products, and services; to process transactions you request; to inform you about our products and services and those of our promotional partners; and to bring you customized content (such as newsletters) based on your activity on the Platform.

You also authorize us to use and/or share Information as described below.

• We may share your Information with our resellers, distributors, and sales representatives, which may use such Information to help inform you about our products and services.
• We may, from time to time, share Information with other companies, which may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
• We will access, use, and share the Information as required to fulfill our contractual obligations to you and to address your questions or requests regarding our products, services, and/or support.
• We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, recruiting services, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
• In an ongoing effort to better understand our users, Platform, products and services and those of our promotional partners, we may analyze certain Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Website and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Platform and these products and services to current and prospective business partners and to other third parties for other lawful purposes.
• We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
• As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
• To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Airwavz or others.

Accessing and Modifying Information and Communication Preferences

You may access, remove, review, and/or make changes to your Personal Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Airwavz marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

How We Protect the Information

We take reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Important Notices to Non-U.S. Residents

The Platform and its servers are operated in the United States and elsewhere.   Please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Platform, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

External Websites

The Platform may contain links to third-party websites. Airwavz has no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Platform without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with Airwavz may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please contact us as set forth below.

In addition, Airwavz does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Platform. By accessing the Platform after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact us by email at support@Airwavz.com using the subject line “PRIVACY POLICY”. You also may write to us at: Airwavz Inc., 6947 Coal Creek Parkway SE, #721, Newcastle WA  98059

WHAT IS COVERED?

Airwavz, Inc. (“Company”) warrants to the original purchaser and user (“Customer”) of the Airwavz product (the “Product”) that the Product will be free from defects in material and workmanship (the “Warranty”) for a period of one (1) year from the date of delivery of the Product by Company to Customer (“Limited Warranty Period”).  This Warranty applies to the Product only. The determination of whether the Product returned to Company satisfies the conditions of this Warranty shall be made by Company in its sole discretion. Company’s only obligations under this Warranty, and Customer’s sole remedy for breach of this Warranty, are limited to repair of any part or parts of the Product that prove to be defective during the Limited Warranty Period or, in Company’s sole discretion, replacement of such Product. In addition, Company may, in its sole discretion, provide a refund (less restocking fees) for a defective Product in lieu of any repair or replacement.

 

WHAT IS NOT COVERED?

This Warranty does not cover (i) Product accessories such as detachable antennas, cables, chargers, modifications, etc., (ii) any services offered to you by Company or any third party in connection with the Product, (iii) blemishes, marring of appearance or general wear and tear.  This Warranty is limited to the Customer only and may not be assigned or transferred. This Warranty will be void and of no effect, and Company will have no liability hereunder if: (a) the Product has been subjected to misuse, abuse, negligence, accident, or improper or inadequate maintenance; (b) modifications, repairs, or services are made to the Product by unauthorized or unqualified persons; (c) defects or damage resulting exposure to liquid, moisture, dampness, sand or dirt; or (d) the Product has not been purchased directly from Company.

 

RESTOCKING FEE

A $75 restocking fee will be applied for any returns of the Product that are not due to warranty. All accessories must be returned with the Product including detachable antennas, cables or chargers, etc. that were shipped with the original Product.

 

FILING A WARRANTY CLAIM

All Warranty claims must be made by e-mailing support@airwavz.tv(and including in the subject line: Warranty Claim). All Products must also be returned to Company with the original or copy of a sales receipt for the returned Product prior to the expiration of the Limited Warranty Period. Incomplete returns will not be accepted.

Company will evaluate your claim (typically within 10-15 business days) to determine, in its sole discretion, whether the returned Product is covered under this Warranty. If Company determines that there is no trouble found with your returned Product or the returned Product is not eligible for warranty service, Company will ship the Product back to you, at Company’s expense. If Company determines that the Product is covered under this Warranty, Company will repair or replace the Product.

 

ADDITIONAL TERMS AND CONDITIONS

This Warranty is for repair or replacement of parts or Products only.  Except to that limited extent, Company will not under any circumstances be liable for any loss, cost, damage, or expense of any kind arising from a breach of these warranties or otherwise.  Without limiting the foregoing, AIRWAVZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONECTION WITH THE SALE, MAINTENANCE, USE, OPERATION, SERVICING, OR REPAIR OF ANY AIRWAVZ PRODUCT.  IN NO EVENT WILL AIRWAVZ BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT.

THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR AIRWAVZ PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED. AIRWAVZ SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR USE OR PURPOSE. NO PERSON OR ENTITY IS AUTHORIZED TO BIND AIRWAVZ TO ANY OTHER WARRANTY, OBLIGATION, OR LIABILITY FOR ANY AIRWAVZ PRODUCT. ACCEPTANCE OR USE OF THE AIRWAVZ PRODUCT FOR WHICH THIS WARRANTY IS ISSUED WILL CONSTITUTE ACCEPTANCE OF THE TERMS HEREOF.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, OR OF ANY EXPRESS OR IMPLIED WARRANTIES, IN SUCH JURISDICTIONS AIRWAVZ’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  THIS LIMITED WARRANTY PROVIDED BY AIRWAVZ GIVES CUSTOMERS SPECIFIC LEGAL RIGHTS, AND CUSTOMERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The disclaimers of liability included in this Limited Warranty shall remain in effect and shall continue to be enforceable in the event that any remedy herein shall fail of its essential purpose.

This Warranty shall be governed by the laws of the State of Washington.  Customer and Company agree that all disputes between the parties in connection with or arising out of the existence, validity, construction or performance of this Warranty which the parties are unable to amicably resolve between themselves within thirty (30) days, shall be referred to arbitration in Washington in accordance with the rules of the American Arbitration Association by one arbitrator appointed in accordance with such rules.

For any inquiries that have not been resolved by visiting Company’s website at https://redzonereceiver.tv  please write to legal@airwavz.tv  or Warranty Claims, Airwavz Inc., 6947 Coal Creek Pkwy SE  #721 Newcastle, WA 98059.

FCC Disclaimers

• 15.21: This is a sensitive radio device. Any unauthorized changes or modifications to this device that are not expressly approved by Airwavz will void the device’s warranty, and might void user’s authority to operate the equipment.
• FCC15.105: This equipment is undergoing FCC compliance with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
  • Reorient or relocate the receiving antenna.
  • Increase the separation between the equipment and receiver.
  • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
  • Consult the dealer or an experienced radio/TV technician for help.
• This device has not been tested for RF emissions and has not been deemed safe for human exposure as determined by the government’s SAR testing standards.
• This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

Important Safety Information for Data Radios:

• Your Airwavz device contains a RF receiver.
• Your device has not been tested for nor passed the FCC’s RF exposure guidelines for regular body-worn operation without any modification of the hardware.
• Any modification of the hardware or use of the device not in line with provided instructions may not ensure compliance with RF exposure guidelines.
• Unauthorized modifications or attachments could damage the device and also violate FCC regulations.
• Recommended Position: For best performance we recommend that the RedZone Receiver be attached in an unobstructed environment with the retractable antenna fully extended.