Terms of service - Ayrstone Productivity

Welcome to the Ayrstone AyrMesh™ system, the products, applications, website, and online service of Ayrstone Productivity LLC (“Ayrstone,” “we,” or “us”). This page explains the terms by which you may use our website and any other mobile or web services or software applications offered by Ayrstone (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.

We reserve the right, at our discretion, to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”). You acknowledge that you have an obligation to regularly review the Terms of Use and this Agreement, and that Ayrstone is not responsible for notifying or reminding you to do so.

Use of our service

The Ayrstone AyrMesh system provides a way for you to create a Wireless LAN (WLAN) across your entire homestead, as well as services to increase the value of that network.

To access the features of the Service, though, such as managing your network, you will need to register with Ayrstone and create a “Member” account on Ayrmesh.com. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Members. If you open a Member account on behalf of a company, organization, or other entity (a “Subscribing Organization”), then:

“you” includes you and that Subscribing Organization, and
you represent and warrant that you are an authorized representative of the Subscribing Organization with the authority to bind such Subscribing Organization to this Agreement, and that you have read the terms of and agree to this Agreement on the Subscribing Organization’s behalf.

You may never use another Member’s account without permission. When creating your account, you must provide accurate, true, current and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Ayrstone immediately of any breach of security or unauthorized use of your account. Ayrstone will not be liable for any losses caused by any unauthorized use of your account, and you may be liable for the losses incurred by Ayrstone or others due to any unauthorized use of your account.

You may control your Member profile and how you interact with the Service by changing the settings in your “Edit my account information” page. By providing Ayrstone your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may notify us via email at [email protected] . Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

You agree not to engage in any of the following prohibited activities:

copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Ayrstone servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Ayrstone grants the operators of public search engines revocable permission to use spiders to copy materials from certain public areas of the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials in such public areas, but not caches or archives of such materials);
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Service;
collecting or harvesting any personally identifiable information, including account names, from the Service;
using the Service for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the Service;
accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein
manipulating identifiers in order to disguise the origin of any content transmitted through the Service;
reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
using the Service for any illegal purpose or in violation of any local, state, national, or international law.

Ayrstone may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice or liability for any reason, including, but not limited to, maintenance, hardware failure, if it is the sole determination of Ayrstone you violate any provision of this Agreement, or for no reason. You acknowledge that Ayrstone has the right to suspend service and that you are not eligible for any damages or compensation for the failure to access services. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

All aspects of the Service are subject to change or elimination at the sole discretion of Ayrstone. Ayrstone reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Ayrstone will not be liable to you for any interruption of the Service, delay or failure to perform.

You are solely responsible for your interactions with other Ayrstone Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Ayrstone shall have no liability for your interactions with other Users, or for any User’s action or inaction.

User content

The Service may allow Members to upload or post content (your “User Content”), and may also permit you to post feedback, comments, questions, and other information. You are solely responsible User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit or storage facility for your online distribution and publication of your User Content. You understand and agree that while we use reasonable security measures to control access to your User Content, Ayrstone does not guarantee any confidentiality with respect to any User Content.

You are solely responsible for the consequences of uploading, posting, publishing, or sharing your User Content. By uploading, posting, publishing or sharing your content, you affirm, represent, and warrant that:

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Ayrstone reserves the right, but is not obligated, to reject and/or remove any User Content that Ayrstone believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Ayrstone takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you create, send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Ayrstone is not responsible for any public display or misuse of your User Content.

You understand and acknowledge that when using the Service you may be exposed to User Content from a variety of sources that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Ayrstone shall not be liable for any damages you allege to incur as a result of such User Content. Ayrstone is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. Ayrstone does not endorse any content or any opinion, recommendation or advice expressed therein, and Ayrstone expressly disclaims any and all liability in connection with such User Content.

License grant

You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Ayrstone a royalty-free, sub-licensable, transferable, assignable, perpetual, irrevocable, non-exclusive, worldwide license to host, transfer, compress or convert for streaming, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, perform, display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in order to provide the Service to the Members.

The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Service. You understand and agree, however, that Ayrstone may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, personal license to use the Service. Ayrstone reserves all rights not expressly granted herein in the Service and the Ayrstone Content (as defined below). Ayrstone may terminate this license at any time for any reason or no reason.

Our proprietary rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Ayrstone Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Ayrstone, its affiliates, and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Ayrstone Content and any materials or content accessible on the Service. Use of the Ayrstone Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ayrstone under any fiduciary or other obligation, and that we are free to use an Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Ayrstone does not waive any rights to use similar or related ideas previously known to Ayrstone, or developed by its employees, or obtained from sources other than you.

Eligibility

This Service is not available to any Users previously removed from the Service by Ayrstone.

Paid services

Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted or linked at http://www.ayrstone.com. Ayrstone may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
No Refunds. You may cancel your Member account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, Ayrstone has the right at any time for any reason or no reason to suspend or terminate your account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that Ayrstone suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information or User Content for improper purposes. You acknowledge that you provide your personal information and User Content at your own risk.

Third-party links

The Service may contain links or references to third-party websites, advertisers, services, contests, special offers, or other events or activities that are not owned or controlled by Ayrstone. Ayrstone does not endorse any such sites or the information, materials, products, or services contained on or accessible through such sites. Ayrstone has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and Ayrstone Privacy Policy do not apply to your use of such sites. You expressly relieve Ayrstone from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Ayrstone shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Indemnity

You agree to defend, indemnify and hold harmless Ayrstone and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the Service, including any data or content transmitted or received by you;
your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
your violation of any law, rule or regulation of the United States or any other country;
any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AYRSTONE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

AYRSTONE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE AYRSTONE AYRMESH SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AYRSTONE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU ACKNOWLEDGE THAT, FROM TIME TO TIME, ACCESS TO THE SERVICE MAY BE INTERRUPTED OR DENIED, WHETHER OR NOT THE FAULT OF OR CAUSED BY AYRSTONE. YOU FURTHER ACKNOWLEDGE THAT AYRSTONE MAKES NO WARRANTIES WITH REGARD TO THE UPTIME OF THE SERVICE, THE SERVICE IS SUBJECT TO GENERAL PURPOSES AND NOT SPECIFICALLY DESIGNED FOR YOUR PARTICULAR INDUSTRY, AND NEITHER YOU NOR ANY USER HAS A RIGHT TO DAMAGES OR COMPENSATION RESULTING FROM THE INABILITY TO ACCESS SERVICES, OR FOR ANY FAILURE OF THE SERVICE, REGARDLESS OF THE REASON FOR THE SERVICE INTERRUPTION.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AYRSTONE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL AYRSTONE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AYRSTONE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL AYRSTONE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AYRSTONE HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AYRSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from Ayrstone facilities in the United States. Ayrstone makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ayrstone without restriction. Any assignment attempted to be made in violation of this provision shall be void.

General

A. Governing Law. You agree that:

the Service shall be deemed solely based in Minnesota; and
the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Ayrstone Productivity LLC, either specific or general, in jurisdictions other than Minnesota.

This Agreement shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Ayrstone Productivity LLC that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Minnesota, unless submitted to arbitration as set forth in the following paragraph.

B. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration;
the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

C. Notification Procedures. Ayrstone Productivity LLC may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Ayrstone Productivity LLC in our sole discretion. Ayrstone Productivity LLC reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

D. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Ayrstone Productivity LLC via the Service, shall constitute the entire agreement between you and Ayrstone concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

E. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Ayrstone Productivity LLC failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

F. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms, and will not be deemed to limit or affect any of the provisions hereof.

The Service is offered by Ayrstone Productivity LLC, 855 Village Center Dr. #325, North Oaks, MN, 55127. Please contact us at [email protected] with any questions regarding this Agreement.

Version 2.0, Revised March 10, 2012