UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AIRLAB OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE AIRLAB MATERIALS AND CONTENT ON THE AIRLAB SERVICES OR ANY REFERENCE SITES, THE AIRLAB SERVICES ITSELF, OR ANY OTHER INTERACTIONS WITH AIRLAB, EVEN IF AIRLAB OR A AIRLAB AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AIRLAB’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL AIRLAB OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE AIRLAB SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES, IF ANY, YOU HAVE PAID AIRLAB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
Generally, if a dispute arises between Airlab and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Airlab agree that the parties will resolve any claim or controversy that arises out of this Agreement or the Airlab Services (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. YOU AND AIRLAB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AIRLAB SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
You agree that any claim or dispute you may have against Airlab must be resolved by binding individual arbitration with an accredited arbitration agency featuring no less than three (3) arbitrators chosen in accordance with the rules of arbitration of the selected agency. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against Airlab must be resolved in accordance with these Terms. All claims filed or brought contrary to these Sections will be considered improperly filed. Should you file a claim contrary to these Sections, Airlab may recover attorneys’ fees and costs up to €10,000, provided that Airlab has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Airlab to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Airlab without restriction. Any assignment attempted to be made in violation of these Terms shall be void
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Airlab as a result of these Terms or use of the Airlab Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Airlab other than pursuant to these Terms.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
This is the entire agreement between you and Airlab relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by Airlab.
The services hereunder are offered by Airlab Ltd., located at: 6300, Avenue du Parc Montréal, H2V4H8 Québec, Canada, email : legal@Airlab.com