Airborne Athletics, Inc. ("Airborne") designs, manufactures, sells and services basketball and volleyball equipment. Thank you for using our products and services ("Products and Services").
By using our Products and Services, you are agreeing to the following terms and conditions. Please read them carefully. If you do not agree to our terms and conditions, please stop using our Products and Services.
Our Products and Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Please review any additional terms, conditions or product requirements. Additional terms will be available with the relevant Products and Services, and those additional terms become part of your agreement with us if you use those Products and Services. If you have any questions, please contact our offices for further information.
You must follow any policies made available to you within the Products and Services.
Do not misuse our Products and Services. For example, do not interfere with our Products and Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Products and Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Products and Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Products and Services does not give you ownership of any intellectual property rights in our Products and Services or the content you access. You may not use content from our Products and Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Products and Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Products and Services.
Our Products and Services display some content that is not Airborne's. This content is the sole responsibility of the entity or person that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. We reserve the right to remove any content at our sole discretion. But that does not necessarily mean that we review content, so please do not assume that we do.
In connection with your use of the Products and Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Third party messaging and data rates may apply.
Some of our Products and Services are available on mobile devices. Do not use such Products and Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You may need an Airborne Account in order to use some of our Products and Services. You may create your own Airborne Account, or your Airborne Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an Airborne Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Airborne Account, keep your password confidential. You are responsible for the activity that happens on or through your Airborne Account. Try not to reuse your Airborne Account password on third-party applications. If you learn of any unauthorized use of your password or Airborne Account, contact us immediately.
These Terms and Conditions govern how we treat your personal data and protect your privacy when you use our Products and Services. By using our Products and Services, you agree that Airborne can use such data in accordance with these Terms and Conditions.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Airborne's policy about responding to notices on our website or by calling our offices.
Some of our Products and Services allow you to upload, submit, store, send or receive content, or create workout data. This includes but is not limited to profile names, photos, actions using the Products and Services, and workout information, such as the number of shots taken, the number of shots made, total workout time, and other data, You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours, subject to these Terms and Conditions. At the same time, what belongs to Airborne stays Airborne's.
Airborne Athletics is not responsible for the explicit nature of any content that is added to the training library by its users.
When you create, upload, submit, store, send or receive content or user data of any kind to or through our Products and Services, you give Airborne (and those we work with) a perpetual worldwide royalty-free license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Products and Services), communicate, publish, publicly perform, publicly display and distribute such content. User data may be stored or shared in the United States or in any other location determined by Airborne Athletics, which, for users of Products and Services in the European Union, may include storing or sharing outside of the European Economic Area. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Products and Services, and to develop new ones. This license continues even if you stop using our Products and Services (for example, for a business listing you have added to Airborne Maps). Some Products and Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Products and Services, there are terms or settings that narrow the scope of our use of the content submitted in those Products and Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Products and Services.
Our systems analyze your content and any information you provide us will be used to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have an Airborne Account, we may display your Profile name, Profile photo, and actions you take on Airborne or on third-party applications connected to your Airborne Account (such as reviews you write and comments you post) in our Products and Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Airborne Account. For example, you can choose your settings so your name and photo do not appear in an ad. You are responsible for setting your own privacy settings based on your individual preferences, keeping in mind that those settings may affect your ability to see and receive materials that you may want.
Airborne's Products and Services, specifically the Training Management System, is not intended to be used by anyone under the age of 13 without the written consent of Airborne. By you using ("using" including but not limited to logging in and/or providing the ability to others to log in or gain access to) Airborne's Training Management System, as well as the Airborne's secured site, related and ancillary services, analytics, reports, and internet/web/electronic/wireless/optical networking features in connection with Dr. Dish (including specifically all functions which gathers, stores or reports information submitted by anyone other than Airborne's employees), you agree, represent and covenant that you are over the age of 13, anyone that you provide access to any of Airborne's Products and Services is over the age of 13, and you will not provide access to or use of any Products and Services to anyone under the age of 13; you indemnify and hold Airborne, its officers, directors, owners, shareholders, employees and agents harmless from any breach by you of the foregoing representations and covenants, including but not limited to any violation of the Children' Online Privacy Protection Rule ("COPPA") as promulgated by 15. U.S.C. 6501-6505 et seq. and any state or local equivalent of the same.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Products and Services may let you adjust your automatic update settings.
Airborne gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Airborne as part of the Products and Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products and Services as provided by Airborne, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Products and Services or included software without Airborne’s written permission. You may not decomplie, disassemble, copy, or reverse engineer any part of the Products and Services or attempt to extract the source code of that software.
We are constantly changing and improving our Products and Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether without notice or warning to the user. If you fail to follow these terms and conditions or misuse or abuse our Products and Services, including but not limited using our Products and Services in a way may harm Airborne, we reserve the right to terminate our services to you.
You can stop using our Products and Services at any time, although we'll be sorry to see you go. Airborne may also stop providing Products and Services to you, or add or create new limits to our Products and Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Products and Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Products and Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER AIRBORNE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
AIRBORNE AND ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY YOU OR ANY USERS YOU ALLOW TO USE THE PRODUCTS AND SERVICES. AIRBORNE AND ITS SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THAT PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. AIRBORNE AND ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR SERVICE INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT, OTHER SOFTWARE OR SERVICES NOT PROVIDED BY AIRBORNE, OR FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTIONS NOT WITHIN THE COMPLETE CONTROL OF AIRBORNE EVEN IF AIRBORNE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN THE EVENT OF ANY SYSTEM ERROR OR OMISSION, THE SOLE OBLIGATION OF AIRBORNE AND ITS SUPPLIERS AND DISTRIBUTORS SHALL BE TO PROCESS A CORRECTION OF THE ERROR OR OMISSION AS REASONABLY NECESSARY. AIRBORNE AND ITS SUPPLIERS AND DISTRIBUTORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
AIRBORNE, AND AIRBORNE'S SUPPLIERS AND DISTRIBUTORS, ARE NOT RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. YOU USE AIRBORNE'S PRODUCTS AND SERVICES AT YOUR OWN RISK AND ACCEPT THAT USE INCLUDES ANY DEFECTS, ERRORS, INTERRUPTIONS IN SERVICE, AND MISTAKES THAT MAY OCCUR. THE TOTAL LIABILITY OF AIRBORNE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, AIRBORNE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
BY USING THE PRODUCTS AND SERVICES, EACH USER THEN HOLDS AIRBORNE HARMLESS RELATED TO THEIR USE.
If you are using our Products and Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Airborne and its affiliates, owners, directors, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products and Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Products and Services with or without notice to you or the other users of the Products and Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Airborne and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of Minnesota, excluding conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Products and Services. All claims arising out of or relating to these terms or the Products and Services will be litigated exclusively in the federal or state courts of Hennepin County, Minnesota, USA, and you and Airborne consent to personal jurisdiction in those courts. The federal and state court of Minnesota located in Hennepin County, Minnesota, USA shall be the exclusive venue for all claims, disputes and matters arising out of or relating to these terms or the Products and Services and by using the Products and Services you, along with Airborne Athletics, consent to personal jurisdiction in those courts.
For information about how to contact Airborne, please visit our webpage.