Airstream Foundation, Inc.
Effective Date: 5/25/22
If you have entered into a written agreement with Airstream Foundation, these terms and conditions will supplement such agreement. If there is a conflict between the provisions of these terms and conditions and written agreement, and unless otherwise expressly agreed by the parties in writing that specific terms of these terms and conditions shall supersede specific provisions of the written agreement, then the provisions of the written agreement shall prevail. The Site, Services and Site Content (defined below) are only for use in the United States, and any use or access of the foregoing outside of the United States is prohibited.
- Intellectual Property Notices
All content on the Services, including the logo, articles, documents, designs, specifications, other text, and graphics on the Site (collectively, the “Site Content”) is the intellectual property of Airstream Foundation or its licensors. The Site Content available on these Services is protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Airstream Foundation. You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Services, and solely for your own individual, internal, non-commercial use or records. Airstream Foundation reserves the right to revoke this authorization at any time.You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Airstream Foundation.The AIRSTREAM name, the configuration and appearance of AIRSTREAM® recreational vehicles, product brand names (including BAMBI®, BASECAMP® and others) and all other trademarks, trade dress, slogans and logos (collectively, “Marks”) appearing on this Site are owned by or used pursuant to license by Airstream, Inc.. The unauthorized use of these Marks is strictly prohibited, and you agree that you will not use these Marks in any way that suggests affiliation with, sponsorship by, or approval by Airstream without its express, written permission.
- Service Eligibility
You represent and warrant that (a) you are not under the age of 18; (b) you have not previously been suspended or removed by Airstream Foundation; (c) you understand that the use of the Services is at your own risk; or (d) it is not illegal or prohibited in your country of origin for you to access or use this Site and/or Services.
- General Terms and Conditions
- Monetary Donations.
If You make a monetary donation You may pay by credit card or debit card through certain third-party services such as a payment processor as designated. Certain additional terms may apply depending on your selected payment method, including payment processor terms and privacy practices of Stripe, Inc. which can be found on their website at https://stripe.com/.
- Monetary Donations.
- Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
- Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Services.
- Transmit, install, upload, or otherwise transfer any virus, malware, or other item or process to the Services that in any way affects the use, enjoyment, or service of the Services.
- Transmit, install, upload, or otherwise transfer any virus, malware, or other item to the Services that in any way affects the use, enjoyment or service of any user’s or Airstream Foundation employee’s computer or other medium used to access the Services.
- Transmit, install, upload, or otherwise transfer any material to the Services that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic, or sexually suggestive. Airstream Foundation reserves the sole discretion to determine the nature of the material.
- Transmit, install, upload, or otherwise transfer to the Services any content (including any User Content) that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights).
- Modify the information, including headers, found on the Services.
- Transmit, install, upload, or otherwise transfer to the Services any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
- Engage in any action that imposes an unreasonable or disproportionately large load on the Services, or that Airstream Foundation determines is detrimental to the use and enjoyment of the Services.
- Use the Services for any unlawful means.
- Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AIRSTREAM FOUNDATION AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO THE SERVICES (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY), OR THE USER CONTENT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.
- DISCLAIMER OF WARRANTIESSOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.YOUR USE OF THE SITE, THE SITE CONTENT, AND ANY SERVICES, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. SITE, THE SITE CONTENT, AND ANY SERVICES, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. AIRSTREAM FOUNDATION DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AIRSTREAM FOUNDATION MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, THE SITE CONTENT, AND ANY SERVICES.AIRSTREAM FOUNDATION IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICES TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES OR SITE CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SERVICES, OR IN CONNECTION WITH THE SITE CONTENT, OR ANY SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM AIRSTREAM FOUNDATION, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
- LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.TO THE FULL EXTENT PERMITTED BY LAW, AIRSTREAM FOUNDATION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH AIRSTREAM FOUNDATION, EVEN IF AIRSTREAM FOUNDATION HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, THE SITE CONTENT, OR ANY SERVICES; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR ANY SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.
- Termination of ServiceWe reserve the right, at our sole discretion, to terminate any and all Services provided to you at any time without notice for any or no reason. We also reserve the right, at our sole discretion, to discontinue any Service or modify any Service without notice, at any time, and without liability. We reserve the right, at our sole discretion, to terminate Services to you, and to deactivate your User Account, if applicable. We shall not be liable to you or any third party if we terminate your User Account and you agree to hold us harmless and indemnify us from any third-party claims arising from the termination of your account. You agree that any material breach of this Agreement will result in irreparable harm to Airstream Foundation for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Airstream Foundation will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Airstream Foundation seeks such an injunction.
- Third Party Content
You may find links to other Internet sites or resources on the Site, the Site Content, or the Services. You acknowledge and agree that Airstream Foundation is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any of the Site Content, advertising, products, or other materials on or available from such sites or resources. Airstream Foundation will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods or services available on or through any such site or resource.
- Controlling Law
- Entire Agreement
- Contact Us
The Services are provided and operated by Airstream Foundation, Inc., 1001 West Pike Street, Jackson Center, OH 45334-0629
All feedback, comments, requests for technical support and other communications relating to this Agreement and/or the Services should be directed to: https://airstreamfoundation.org/contact/