Terms & Conditions

Welcome to the Aerialite® Web site (the “Site”). The following Terms of Use (the “Terms of Use”) govern the Site and your access to and use of the Site. By using the Site, you accept and are signifying your assent to these Terms of Use. Aerialite® may amend at any time these Terms of Use from time-to-time. The amended terms shall be effective immediately after they are initially posted on the Site. Your use of the Site following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not agree to the Terms of Use, as may be amended from time to time, you must cease using this Site.
Use of the Site

You agree to use the Site in compliance with these Terms of Use. You agree not to use this Site in any way that violates the rights of others (including, but not limited to, copyright and other intellectual property rights, and rights of privacy and publicity), or in any way that may give rise to liability for Aerialite®, its parent and affiliated companies, or their respective directors, officers, employees, agents, service providers, or suppliers, including, without limitation, by creating, displaying or transmitting on or through chat rooms or bulletin boards available on the Site (“Interactive Areas”) any content that may violate such rights of others or that may give rise to such liability. The following are examples of the types of content or use that are prohibited under these Terms of Use:

  • Any content or use that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • Any content or use that harasses or advocates harassment of another person, promotes information that is false, misleading, promotes illegal activities or conduct, or is abusive, threatening, obscene, defamatory or libelous.
  • Any content that infringes upon or violates any third party’s rights, including intellectual property rights and the right of privacy.
  • Collect, gather, mine, or otherwise acquire personal or other information about JA Point Site users, including but not limited to e-mail addresses.
  • Upload, post, e-mail, transmit, or otherwise make available any viruses, trojan horses, corrupted files, or any other programs, devices, or mechanisms that are intended to (a) disrupt or damage the operation of another’s computer, or (b) gain unauthorized access to another’s computer, computer network, or information on or input to another’s computer.
  • Upload, post, e-mail, transmit, or otherwise make available any chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial), promotional materials, “pyramid schemes”, or bulk communications of any kind to any person who has not given specific consent in writing to you to receive such materials (unless such materials are unlawful, in which case you shall not upload, post, e-mail, transmit, or otherwise make them available regardless of consent).

Aerialite® reserves the right (but does not assume the obligation) to remove such content, but does not regularly review the Interactive Areas. Aerialite® takes no responsibility and assumes no liability for any content posted by you or any third party in the Interactive Areas.

Interactive Areas
We may make Interactive Areas available through the Site. We will require you to register by submitting information to the Site in order to access Interactive Areas on the Site. In connection with such registration, you represent and warrant that: (a) you are thirteen (13) years of age or older; and (b) the information you provide in the registration process is current, complete and accurate. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Aerialite® reserves the right to refuse registration or terminate accounts in its sole discretion.
Site Content; Intellectual Property Rights
Aerialite® authorizes you to view or download a single copy of the material on this Site, and to participate in the Interactive Areas, solely for your personal use, provided that you do not remove any copyright or other proprietary notices contained in the original material or on any copies. With respect to the Site, the software used in connection with the Site, the content on the Site, and any computer software and other intellectual property underlying, incorporated into or embedded in the Site, as between you and Aerialite®, all rights of ownership and use shall reside in Aerialite®, subject only to the provisions of these Terms of Use. You acknowledge that (i) Aerialite® permits access to content on this Site that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. You acknowledge that Aerialite® may acquire Rights to use any posted materials as described in the section below titled “License You Grant to Aerialite®”, and that you will not acquire any of those Rights by downloading such materials.
License You Grant To Aerialite®
If you do post content or submit material to the Interactive Areas, and unless we indicate otherwise, you hereby grant and agree to grant Aerialite® and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute and display such content throughout the world in any media. You hereby grant and agree to grant Aerialite® and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and you agree to indemnify Aerialite® for all claims resulting from content you supply.
Links
AERIALITE® IS NOT RESPONSIBLE FOR THE CONTENT ON INTERNET SITES OR WORLD WIDE WEB PAGES OUTSIDE THE SITE. As a convenience to our visitors, we may provide links to third-party sites. These links are provided solely as a convenience to you and not as an endorsement by Aerialite® of the content on such third-party Web sites. Aerialite® is not responsible for the content of linked third-party Web sites and does not make any representations as to the quality, accuracy, suitability, functionality or legality of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. You hereby waive any claim you might have against Aerialite® with respect to such sites.
Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AERIALITE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AERIALITE® MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT AERIALITE® DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. AERIALITE® IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
Limitation Of Liability
AERIALITE® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE ITEMS, EVEN IF AERIALITE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

Aerialite® shall have the right to terminate your user account immediately without notice to you under the following circumstances: (a) for convenience at any time; (b) upon your breach of these Terms of Use; and (c) if you provide Aerialite® with inaccurate registration data, or if your registration data becomes inaccurate.

Email Messages To Users

Aerialite® may, from time to time, send e-mail messages to you containing notices, newsletters, event registration, and related matters. By using this Site and providing your e-mail address to Aerialite®, you consent to Aerialite® sending such e-mail messages to you. Aerialite® makes no representation or warranty with respect to the content of any such e-mail messages and you agree that Aerialite® shall not have any liability with respect thereto.

Indemnification

You agree to indemnify and hold harmless Aerialite® and its parents, subsidiaries, affiliates, officers and employees from any claim or demand made by any third party due to or arising out of your use of the Site; the violation of these Terms of Use by you; or your violation of any rights, including without limitation intellectual property rights, of another. You agree to reimburse Aerialite® its attorney’s fees incurred to defend any such claim.

User Information

Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. Aerialite®, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Aerialite® may, but is not obligated to, monitor or review any User Communications. Aerialite® shall have no obligations to use, return, review, or respond to any User Communications. Aerialite® will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Aerialite® retains the right to remove any or all User Communications that includes any material Aerialite® deems inappropriate or unacceptable.

Notices And Procedure For Making Claims Of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Aerialite® copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Aerialite® and its affiliates that you believe your copyrighted material has been infringed.

  • If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Aerialite® copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Aerialite® and its affiliates that you believe your copyrighted material has been infringed.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the Site.
  • Your address, telephone number, and e-mail 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.
  • 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 authorized to act on the copyright owner’s behalf.

The Aerialite® Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Aerialite®
Attn: Marketing Communications Manager
3802 Robert Porcher Way
Greensboro, NC 27410

Miscellaneous

Applicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, United States of America, without regard to its conflicts of laws provisions.

Severability. If any clause or provision of these Terms of Use is declared invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions of the Terms of Use shall continue in full force and effect. Further, such provision will be deemed to be restated as nearly as possible to the original intent of the parties, in accordance with applicable law.

Non-Waiver. The failure of either party to insist upon or enforce strict performance with the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or a waiver in other instances.

Our Address. 
Aerialite®
3802 Robert Porcher Way
Greensboro, NC 27410