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AIRLINK MOBILE™ PRIVACY POLICY
This AirLink Mobile ("AirLink") Privacy Policy (the "Policy") was developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our valued customers (collectively, "you").
IF YOU DO NOT AGREE TO THE POLICY, YOU SHOULD NOT USE THIS INTERNET WEBSITE (THE "SITE"). AIRLINK MAY MODIFY THE POLICY FROM TIME TO TIME AND POST THOSE MODIFICATIONS HERE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED POLICY.
1. Information. AirLink obtains information from and about you in a number of different ways, including:
A. General Information. Some information is gathered automatically when you access the Site ("General Information"). This General Information (which includes Site pages visited, type of web browser used, type of operating system, and the domain name of your Internet Service Provider and similar information) does not identify you personally.
B. Profile Information. Some information is not gathered automatically, and is instead supplied by you voluntarily when you use or register for certain services at the Site ("Profile Information"). If you wish to provide Profile Information, you may do so in a number of different ways. The following are some of the kinds of Profile Information AirLink gathers:
(i) Individual Information. When you register at the Site, you will be asked for certain information, such as your name, your mailing address, your email address, Social Security number and other information;
(ii) Email Information. When you send AirLink email messages, or when you ask AirLink to contact you by email, AirLink may retain the content of your email messages, together with your email address and AirLink's response to you; and
(iii) Credit Card Information. When you register for the AirLink Mobil services on this Site, you will be asked for certain credit card billing information, such as the credit card type, the credit card account information, credit card expiration date, credit card holder name, address and telephone number, Social Security number and any other additional information as we may require for proper billing and authorization purposes.
C. Billing and Payment History. Through your use of our AirLink Mobile services we will gather and retain information regarding your use, billing, and payment for those services ("Billing and Payment History").
D. Cookies. Cookies are small pieces of data that are stored by a user's web browser on the hard drive of a user's computer. Cookies can "remember" what information a user accesses on one web page to simplify subsequent interactions with that website by the same user, or can use that information to streamline the user's transactions on related websites. The Cookies that AirLink uses do not capture your individual email address or any personally identifying information, but do permit AirLink to send information about new services, promotions or other such responses to you or assist your use of the Site. AirLink may also set Cookies when you register or when you acquire services from the Site and may do so without notice to, or permission from, you or any third party. Third party websites which are accessible from the Site via links or "click-through" may also use Cookies, and AirLink shall have no responsibility whatsoever for such Cookies.
2. Use and Disclosure of Information. AirLink uses and discloses your information as follows:
A. General Information. AirLink uses and discloses General Information to understand Site demographics and content preferences, and shall do so without notice to, or permission from, you or any third party;
B. Profile Information. AirLink uses Profile Information for purposes of administering AirLink business activities, providing customer service and making available other products and services to you and other AirLink customers and prospective customers. This may include information about new services, promotions and other responses to you. AirLink may also use Profile Information to notify you about important changes to the Site or our business, new AirLink services and special offers you may find valuable. AirLink may also disclose your Profile Information to credit reporting agencies and third party contractors who design, develop and maintain the Site on behalf of AirLink and who have agreed not to further disclose such Profile Information;
C. Credit Card Information. AirLink uses Credit Card Information to process your monthly billing in accordance with your service contracts and the Terms and Conditions and shall disclose this information as necessary for such payment processing and shall do so without notice to you;
D. Billing and Payment History. AirLink may report Billing and Payment History to credit reporting agencies and shall do so without notice to you; and
E. Cookie Information. AirLink uses and discloses Cookie Information to improve our Site and better serve you and our other customers, and may do so without notice to, or permission from, you or any third party.
3. Security and Access. You understand and agree that "perfect" security does not exist anywhere, including the Internet. Personal information you send to us at the Site or any information we send to you, including any email messages, will not be encrypted unless we advise you otherwise. However, when we transmit sensitive information (such as a credit card number) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
4. Merchant Services. You may be able to access certain information related to third parties at the Site, or via links or "click-through", regarding the goods or services of third parties (collectively, "Merchant Services"). You understand and agree that your access to or use of Merchant Services is a matter entirely between you and the associated third parties, and AirLink shall have no liability whatsoever for any such access or use.
5. Disclaimer. THE SITE IS PROVIDED ON AN AS IS BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AIRLINK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, AND MAY CONTAIN "BUGS", ERRORS, DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR PRODUCE RESULTS AS EXPECTED.
6. Damages. IN NO EVENT SHALL AIRLINK, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES OR OFFICERS HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AIRLINK, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRLINK AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
7. Grant of Rights. You represent and warrant that all information provided by you in whatever format shall be non-proprietary to you or any third party, and AirLink may use or disclose such information without notice to, or permission from, you or any other third party, subject only to the Policy. You hereby grant to AirLink a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, transferable license (with a right to grant sublicenses through multiple tiers of sublicensees) to use, execute, distribute, display, copy, perform and modify such information as AirLink sees fit for internal business purposes.
8. General. This Policy constitutes the entire and only agreement between AirLink and you regarding this subject matter and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect thereto. You agree to review this Policy prior to reviewing any information or obtaining any documents from the Site. Any action related to this Policy shall be governed by the substantive laws of the State of Arizona, without regard to conflicts of law principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts and to extra-territorial service of process. Neither this Policy, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole in part, by you without the prior, written consent of AirLink. Any purported assignment without such permission shall be void. AirLink may assign this Policy, in whole or in part, without notice to you. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of this Policy. In the event any portion of this Policy is found to be illegal or unenforceable, such portion shall be severed, and the remaining terms shall be separately enforced. The language in this Policy shall be interpreted as to its fair meaning and not strictly for or against either party. This Policy may be modified or amended by you only in writing, signed by both parties. Any purported modification or amendment inconsistent with the foregoing shall be void.
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