Airmodo

Terms of Use

Effective Date: March 6, 2019

You have arrived at [www.airmodo.com] (the “Site”), which is owned and operated by United States Aviation Underwriters, Inc. (“USAU”). Throughout these Terms, the words “we,” “us,” and “our” refer to USAU and its affiliates, and the words “ you” and “your” refer to the user visiting the Website and your institution or organization. These Terms of Use (“Terms”) govern your use of any website or application that posts a link to these Terms (including both mobile and online versions). It also applies to your use of all features, widgets, plug-ins, content, downloads and/or other services that (i) we own and control and make available through the Site, and/or (ii) that post or link to these Terms (collectively with the Site, the “Service ”), regardless of how you access or use it, whether via computer, mobile device or otherwise. These Terms set forth the legally binding terms for your use of the Service and apply to information that we collect through the Service and our handling of such information. By accessing or using the Service in any manner you signify your agreement to: (i) these Terms; (ii) the USAU Privacy Policy; and (iii) any other legal notices, conditions or guidelines located within the Service. If you do not agree to any of these Terms or the Privacy Policy, please exit now and do not use the Service.

Important Legal Information about Privacy

The terms and conditions of the Privacy Policy apply to your use of the Service, form an integral part of your agreement with us, and are incorporated by reference into these Terms. You should read the Privacy Policy carefully before you use this Service because by doing so you are agreeing to everything in these Terms, including the terms contained in our Privacy Policy.

Security and Communications

You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of the Service, you do so at your own risk, and in doing so you consent to receive communications from us electronically. USAU does not guarantee that electronic communications will not be intercepted or changed or that they will reach the intended recipient securely. Further, please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property Rights

The content on the Service, including without limitation, the material descriptions, graphics, photos, products, services and the like (“ Site Content”) and the trademarks, service marks and logos contained herein, including USAIG, UNITED STATES AVIATION UNDERWRITERS, INC. and Design®, and UNITED STATES AIRCRAFT INSURANCE GROUP ® (collectively, the “Marks”), are owned by or licensed to USAU, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on the Service. Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. USAU reserves all rights not expressly granted in and to the Site Content. If you download or print a copy of the Site Content for personal or educational use you must include on the copy all copyright and other proprietary notices contained in the original Site Content. You agree not to circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Service or the Site Content.

The selection, arrangement and design of the entire contents of this Internet site, as well as the original Site Content herein, are the property of USAU.

Restrictions on Conduct

You agree not to disrupt, modify or interfere with the functioning of the Service or any services provided on or through it. You further agree not to disrupt, modify or interfere with in any way any software, hardware or servers associated with the Service, and you agree not to impede or interfere with others’ use of the Service. You also agree not to alter or tamper with any Site Content, information or materials on, or associated with, the Service or services provided on or through it.

Additionally, you agree that you will not directly or indirectly, including, but not limited to, by manual or automated software, devices or other processes for “crawling” or “scraping” the Service, circumvent, disable or otherwise interfere with any security-related features of the Service, including security-related features that enforce limitations on use of the Service.

Furthermore, you agree you will not (directly or indirectly) use the Service (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests or sweepstakes (without our consent) or pyramid schemes (ii) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, trademark infringement, or theft of trade secrets, (iv) to solicit personally identifying information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect data, Site Content, [Personal Information] (as defined in the Privacy Policy) of users; or (vii) to use or launch any automated system, including without limitation, “robots,” or “spiders,” that accesses the Service in a manner that sends more request messages to our servers in a given period of time than humanly possible in the same period by using a web browser.

Service Access

The Service is for the benefit of USAU and its customers. In order to access some features of the Service, you may need to be a broker and create a registered broker account with a login and password. You may never use another member’s account or share your account and password with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You must notify USAU immediately of any breach of security or unauthorized use of your account by contacting us at contact@airmodo.com]. Although USAU will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by USAU or others due to such unauthorized use.

Disclaimer, Limitation of Liability, and Indemnification

The materials, Site Content and services offered on the Service are provided “AS IS” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not warrant that the use of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that the Service, server(s), or advertised or hyperlinked sites will be accessible at all times. We do not warrant or make any representations regarding the use of the Service or any information contained therein, including Site Content, with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access the Service. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.

Documents, information, graphics and other materials appearing at the Service may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at your own risk.

You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “USAU Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to the maximum extent permitted by applicable law. None of the USAU Parties will be liable to you under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You hereby agree to indemnify the USAU Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from your use of the Service or any breach of these Terms by you .

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Certain states, like New Jersey, have heightened consumer protection laws that may make certain terms within these Terms inapplicable to you. Specifically, if you are a New Jersey consumer, certain terms do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state of residence. In any event, USAU reserves all rights, defenses and permissible limitations under the law of your state of residence.

Links to Other Services and Services

To the extent that this Service contains links to other websites and outside services and resources, we do not control the availability and content of those websites, services or resources, nor do we necessarily review or endorse materials available at or through such other websites. Viewing other websites or utilizing outside services and resources is done at your own risk. Accordingly, we encourage you to be aware when you leave this Service and to read the terms and conditions and privacy policy of each third-party website that you visit. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

Terms Applicable if Accessing Services through an Android Device

If you are accessing or using the Service through an Android device, you acknowledge that Google Inc.’s Terms of Service (see: https://www.google.com/intl/en/policies/terms/ ) are incorporated herein by reference, and you agree to be bound thereto.

Terms Applicable if Accessing Services through Apple iOS

If you are accessing or using the Service through an Apple device, the following applicable additional terms and conditions are applicable to you and are incorporated into the Terms by reference:

(i) To the extent that you are accessing the Service through an Apple device, you acknowledge that these Terms are entered into between you and USAU, that Apple, Inc. (“Apple”) is not a party tothese Terms other than as third-party beneficiary as contemplated below.

(ii) The license granted to you under these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html ) and any third-party terms of agreement applicable to the Service.

(iii) You acknowledge that USAU, and not Apple, is responsible for providing the Service and Site Content thereof.

(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.

(v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and USAU, USAU and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.

Ability to Accept Terms

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. This Service is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Service.

Site Operated in the United States

USAU controls and operates our Service in the United States, and we make no representation that our Service is appropriate or available for use beyond the United States. If you use our Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Service may describe products and services that are available only in the United States (or only parts of it). We reserve the right to limit the availability of our Service and/or the provision of any Site Content, program, product, service, or other feature described or available on our Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide.

Choice of Law and Forum

These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or U.S. federal courts located in Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and USAU regarding the use of the Service and the content and services provided on this Service, superseding any prior agreements between you and USAU relating to the subject matter hereof.

Severability and Enforceability

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Service for any reason or for no reason whatsoever including improper use of the Service or failure to comply with these Terms, and to take any other action we deem appropriate.

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to USAU through the Service are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. USAU shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Changes to Terms

We may revise these Terms at any time without prior notice by updating this page, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Service following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Service, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.

General

We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.

If you have any questions or comments on the Service or become aware of misuse of the Service by any person, please contact us at: contact@airmodo.com.

The policy and the terms of use of the AirModo app contain all the agreements between you and us concerning the insurance provided by the policy generated by the mobile app. The Declarations, the AirModo app., along with the policy and any attached endorsements form your complete insurance policy. By accepting the Terms of Use, you agree:

1. The statements and representations you make in the AirModo Mobile App are accurate and complete to the best of your knowledge; and

2. Any policy issued through the AirModo Mobile App will be issued in reliance with these statements and representations;

The policy includes certain exclusions. To see the details of these exclusions, please see the sample Annual and Hourly policies.

Policies issued through the AirModo app are effective for the time period shown in the Declarations of the policy and will automatically terminate at the expiration date and time unless cancelled earlier, when applicable. If coverage is desired after the expiration date, the applicant must reapply through the AirModo Mobile App.

Jurisdictional Rights and Limitations

NOTICE TO ARKANSAS APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit, or knowingly presents false information in an application for insurance is guilty of a felony and may be subject to fines and confinement in prison.

NOTICE TO COLORADO APPLICANTS: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.

NOTICE TO DELAWARE APPLICANTS: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.

NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: WARNING: It is a felony to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.

NOTICE TO FLORIDA APPLICANTS: Any person who knowingly and with intent to injure, defraud or deceive any insurance company files a statement of claim containing any false, incomplete or misleading information is guilty of a felony in the third degree.

NOTICE TO IDAHO APPLICANTS: Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement containing any false, incomplete or misleading information is guilty of a felony.

NOTICE TO INDIANA APPLICANTS: A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.

NOTICE TO KANSAS APPLICANTS: Fraud means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, magnetic, oral, or telephonic communication or statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto.

NOTICE TO KENTUCKY APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a felony.

NOTICE TO LOUISIANA APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit, or knowingly presents false information in an application for insurance is guilty of a felony and may be subject to fines and confinement in prison.

NOTICE TO MAINE APPLICANTS: It is a felony to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

NOTICE TO MARYLAND APPLICANTS: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a felony and may be subject to fines and confinement in prison.

NOTICE TO NEW JERSEY APPLICANTS: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

NOTICE TO NEW MEXICO APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit, or knowingly presents false information in an application for insurance is guilty of a felony and may be subject to civil fines and criminal penalties.

NOTICE TO NEW YORK APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a felony, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

NOTICE TO OHIO APPLICANTS: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

NOTICE TO OKLAHOMA APPLICANTS: WARNING: Any person who knowingly and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

NOTICE TO OREGON APPLICANTS: Any person who makes an INTENTIONAL MISSTATEMENT that is MATERIAL TO THE RISK MAY BE found guilty of insurance fraud by a court of law. In order for an insurer to deny a claim on the basis of misstatements, misrepresentations, omissions or concealments on the part of the insured, the insurer must show that the misinformation is material to the content of the contract, that the insurer relied upon the misinformation and that the information was either material to the risk assumed by the insurer or that the misinformation was provided fraudulently.

NOTICE TO PENNSYLVANIA APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a felony and subjects such person to criminal and civil penalties.

NOTICE TO RHODE ISLAND APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a felony and may be subject to fines and confinement in prison.

NOTICE TO TENNESSEE APPLICANTS: It is a felony to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

NOTICE TO VIRGINIA APPLICANTS: It is a felony to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

NOTICE TO WASHINGTON APPLICANTS: It is a felony to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

NOTICE TO WEST VIRGINIA APPLICANTS: Any person who knowingly presents a false or fraudulent claim for a payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a felony and may be subject to fines and confinement in prison.