Terms of Use
Last Updated: June 27, 2023
These Website Terms of Use (“Terms”), set out the terms and conditions that will apply when a user (“you”) visit, use and/or purchase goods and services through Airsea Packing Group’s (“Airsea” or “we” or “us”) website (www.airseapacking.com) (the “Website”).
If you are unable to understand, or have any questions about these Terms, please contact Airsea directly. Your use of the Website and/or any transactions completed through the Website, constitutes your acknowledgement that you have read and accept these Terms.
IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT USE THE WEBSITE.
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AIRSEA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The Website is not intended for the use of children under 18 and no such person is authorized to use it. By using the Website, you are representing that you are at least 18 years old and of legal age to enter into legal agreements.
Please note that these Terms are subject to change so please review and save or print a copy of the current terms and conditions each time you use the Website. Your continued use of the Website following the posting of changes indicates your agreement to and acceptance of the changes. The date of the last update of the Terms is indicated at the top of these Terms.
In connection with your purchase of our services (the “Services”), we may provide different or additional terms for the user of our services (“Additional Terms”) which include those accessible at https://airseapacking.com/terms-conditions/. In such cases, those Additional Terms will become part of your agreement with us if you use our Services.
Content; Limited Right To Use
You agree that the Website contains proprietary information and material that is owned by Airsea, and/or its licensors. Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, audio or video clips, editorial content, scripts and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Airsea and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Airsea grants you a limited right to access and make personal use of this Website and not to download (other than page caching). Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, except with express written consent of Airsea. This right to use does not include: any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You agree that you will not directly hyperlink to or otherwise use the Website URL for any purpose other than to obtain information regarding Airsea or to order Services from Airsea.
The Airsea name and logo, and all other related names and logos are trademarks or registered trademarks of Airsea. All other names, team names, and logos on the Website are trademarks or registered trademarks of their respective owners, where applicable. Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship or endorsement by any owners of such third party-owned trademarks.
Use Restrictions
In connection with your use of the Website, you agree that you will not:
- infringe, misappropriate or violate Airsea’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- modify, rent, lease, loan, sell, distribute, decompile, or create derivative works based upon the Website or Content in any manner;
- interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- “scrape,” “crawl” or “spider” any web pages or other services contained on the Website;
- display, mirror or frame the Website or any Content, or any individual element within the Website, Airsea’s name, any Airsea trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Airsea’s express written consent;
- access, tamper with, or use non-public areas of the Website, Airsea’s computer systems, or the technical delivery systems of AIrsea’s providers;
- attempt to probe, scan, or test the vulnerability of any Airsea system or network or breach any security or authentication measures;
- use the Website or our Services as part of any effort to compete with us or otherwise use the Website or Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or
- advocate, encourage, or assist any third party in doing any of the
Feedback
You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Website or Services either directly or indirectly (for example, through the use on a third- party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms. Submissions that constitute feedback, comments or suggestions (collectively, “Feedback”) will be the sole and exclusive property of Airsea and you hereby irrevocably assign to us all of your right, title and interest in and to all such Feedback, and Airsea shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Feedback in any manner it chooses.
With respect to all other Submissions (other than Feedback), you hereby grant Airsea an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms.
Indemnity
You agree to indemnify and hold Airsea and its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the “Airsea Parties”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) due to or arising out of or in connection with (1) your access to or use of the Website and Services; (2) your violation of these Terms or any applicable law, rule or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.
Disclaimer of Warranties; Limitation of Liability
THE WEBSITE, SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE WEBSITE AND SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
ALTHOUGH WE STRIVE TO DESCRIBE OUR SERVICES ACCURATELY, WE DO NOT GUARANTEE THAT SUCH DESCRIPTIONS AND SPECIFICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
AIRSEA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR- FREE OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT FROM TIME TO TIME, THE WEBSITE AND/OR SERVICES FROM AIRSEA MAY NOT BE AVAILABLE, AND YOU UNDERSTAND AND AGREE THAT THE AIRSEA PARTIES SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY RESULTING FROM SUCH UNAVAILABILITY FOR ANY REASON.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE AIRSEA PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE AIRSEA PARTY(IES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AIRSEA PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED $50.
BY USING THE WEBSITE OR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Placing Orders for Services
You acknowledge and represent that all Services purchased under
or subject to these Terms and any applicable Additional Terms and are intended for use by the ordering party only and will not be re-sold to any third party. No Service provided subject to these Terms may be transferred without the express written permission of Airsea.
Privacy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Website or Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Website may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.
Links to Other Sites
The Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Airsea’s control, and Airsea is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.
Violation of These Terms
You agree that Airsea may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Website or Services. You also agree that any violation by you of these Terms will cause irreparable harm to Airsea for which monetary damages would be inadequate, and you consent to Airsea obtaining any injunctive or equitable relief that Airsea deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies AIrsea may have at law or in equity.
Governing Law
You agree that all matters relating to your access to or use of the Website and Services, including all disputes, will be governed by the laws of the United States and the laws of the State of New York excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AIRSEA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Website and Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and, if appropriate, the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. Except where otherwise required by the applicable AAA Rules or applicable law, the location of the arbitration shall be in New York, New York.
Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in New York, New York for the purpose of litigating all such disputes. You also waive your rights to a jury trial.
Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
Users Outside of the United States
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Miscellaneous Terms
The terms of this policy are severable and, in the event any term, provision or condition hereof is held unenforceable, the
remaining terms, provisions, and conditions shall remain applicable to the fullest extent permissible under law.
These Terms shall be binding on and fully enforceable against you and your heirs, devisees, successors in interest and permitted assigns by Airsea.
When you access or use the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.
These Terms, together with our Privacy Policy, the Additional Terms and any other legal notices published by Airsea, constitute the entire agreement between you and Airsea with regard to your use of the Website and Services. If you enter into Additional Terms, these Terms shall be read so as to be compatible with such Additional Terms.
However, to the extent there is an irreconcilable conflict between these Terms and any Additional Terms, the provisions set forth in the Additional Terms shall control. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of these Terms.
Airsea’s failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by Airsea of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
No joint venture, partnership, employment, or agency relationship exists between you and Airsea as a result of these Terms or your use of the Website or Services.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Contact Us
Please contact us if you have any questions about these Terms. Air-Sea Packing Group Inc.
40-35 22nd Street
Long Island City, NY 11101, USA Email: aspny@airseapackingus.com
Phone: +1 718 937 6800
If you reside in the UK or an EU/EEA country, please contact: Airsea Packing Group Ltd,
Airsea House, Belvue Business Centre Belvue Road
Northolt Middlesex UB5 5QQ
Email: gdpremail@airseapacking.com Phone: +44 (0) 208 8893 3303