We’ve expanded to Chicago! Visit our Chicago locations page to learn more and meet the team.
We’ve expanded to Chicago! Visit our Chicago locations page to learn more and meet the team.
Effective Date: May 20, 2026 (05/20/2026)
These Terms of Use (“Terms”) are an agreement between you and OCEANAIR, Inc. (“OCEANAIR,” “we,” “us,” and “our”) that governs your use of (a) the websites, mobile applications, and other online platforms operated by OCEANAIR where these Terms are posted, including the website located at https://oceanair.net/ (the “Platforms”), and (b) any features and functionalities available on the Platforms (the “Features” and, together with the Platforms, the “Sites”).
Please read these Terms carefully before using the Sites. Among other provisions that affect your legal rights, these Terms include a binding individual arbitration requirement and class action waiver set forth in Section 15, which, subject to limited exceptions, requires you and OCEANAIR to arbitrate any Disputes (defined below) on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.
By (a) accepting these Terms using a mechanism made available on the Sites (such as by clicking an “I Agree” button or checking a box) or (b) otherwise using the Sites for any purpose (other than reviewing these Terms or other terms or policies on the Sites), you expressly represent that you (i) have reached the age of majority in your jurisdiction of residence and (ii) agree to be bound by these Terms. If you do not meet the foregoing age requirement, you do not agree to all provisions of these Terms, or these Terms are not enforceable where you are located, you may not use the Sites. We would not provide the Sites without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach.
If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms refer to both you, the individual using the Sites, and to the Organization you represent.
Certain Features of the Sites may be subject to additional terms, conditions, rules, or guidelines (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. If there is a conflict between the provisions herein and any Additional Terms, the Additional Terms shall control, but only to the extent of the conflict.
These Terms may be modified by OCEANAIR at any time. If we modify these Terms, we will provide notice to you by updating the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a notice on the Sites, or other reasonable means. Your continued use of the Sites after any changes constitutes your agreement to be bound by the Terms as modified.
Please review our Privacy Policy at https://oceanair.net/privacy-policy/ which governs your submission of personal information through the Sites. The Privacy Policy is hereby incorporated into these Terms by reference.
Accordingly, by agreeing to these Terms, you are hereby representing to OCEANAIR that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy. You understand and agree that (a) OCEANAIR is justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, this will constitute evidence that your representation was false. In that case, OCEANAIR may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites or provide us with any information.
The contents of the Sites, including text, designs, graphics, Trademarks, audio clips, software, logos, buttons, images, digital downloads, data compilations, software, source and object code, icons, and the design, selection, and arrangement thereof (collectively, the “OCEANAIR Content”) is the property of OCEANAIR or its licensors and may not be used in any manner without prior written permission of the content owner. As the OCEANAIR Content is a component of the Sites, any reference to the “Sites” herein includes OCEANAIR Content.
We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. OCEANAIR reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.
Under the License, you are permitted to use the Sites solely for non-commercial purposes and only in the following limited ways: (a) you may access and browse the Sites, and use the Features made available to you, using a device that you own or are authorized to use (an “Authorized Device”); (b) you may download the OCEANAIR Content from the Sites to an Authorized Device and print out a hard copy, provided that you do not modify the OCEANAIR Content in any way and do not remove or alter any copyright or other legal notice; (c) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on an Authorized Device; and (d) your Authorized Device may temporarily store copies of the OCEANAIR Content incidental to your use of the Sites. Except to the extent authorized by applicable law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit, or distribute any OCEANAIR Content without the prior written consent of OCEANAIR or, if applicable, our licensor. Any unauthorized use of the OCEANAIR Content may violate copyright laws, trademark laws, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
The OCEANAIR Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of our or our licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.
Finally, the Sites are intended for users genuinely interested in OCEANAIR’s services. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, we may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.
The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with OCEANAIR’s business activities. OCEANAIR is not in the business of renting, selling, or delivering Video Content in a commercial manner. As such, you acknowledge and agree that OCEANAIR is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710 or similar state laws.
Additionally, the Sites may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits (collectively, “Cookies”), that track and analyze information about your activity on the Sites, including when you access pages containing Video Content (your “Site Activity”). Cookies may result in information about your Site Activity being transmitted from your browser to OCEANAIR or to third parties, which, in turn, may result in the display of targeted advertisements on the Sites or third-party websites, services, or platforms (collectively, “External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.
You hereby acknowledge and agree that, if Cookies on the Sites result in your browser’s transmission of information to External Sites, (a) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by OCEANAIR under the VPPA and (b) you will not initiate any litigation or otherwise assert any claim against OCEANAIR based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.
Certain Features of the Sites may permit users to post, transmit, submit, upload, share, or make available (collectively, “share”) reviews, comments, communications, images, recordings, suggestions, questions, ideas, or other information or content (collectively, “User Content”). User Content has not necessarily been reviewed or approved by OCEANAIR, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, timeliness, or any other aspect of any User Content. Any views or opinions expressed in User Content belong to the users who shared the content and not to OCEANAIR. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on such content. If you post any User Content, you are entirely responsible for that content.
By sharing User Content, you grant to OCEANAIR a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable right to (a) reproduce, translate, publish, distribute, display, broadcast, modify, alter, create derivative works of, and otherwise exploit and use such User Content in any manner throughout the world, in any media or format, and for any purpose, whether commercial or otherwise, and (b) use your name in connection with your User Content when exercising the foregoing rights (the foregoing grant of rights, the “User Content License”). We may sublicense the rights granted under the User Content License through multiple tiers of sublicenses.
You represent and warrant that (a) you own your User Content or (b) you have obtained all rights and permissions needed to grant the User Content License to OCEANAIR and, if the latter, that you have not altered or deleted any legal notice or copyright information attached to the User Content by the owner of such content. You acknowledge that you are not entitled to any monetary payment or other consideration in connection with our use of your User Content pursuant to the User Content License.
User Content shall not be deemed confidential, and OCEANAIR shall not have any obligation to keep such content confidential. You acknowledge and agree that, pursuant to the User Content License, we shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever, including developing, manufacturing, and marketing services incorporating or based on your User Content, all without any compensation or attribution to you.
Notwithstanding anything to the contrary in these Terms, the User Content License does not apply to personal information included in User Content that is not intended for public display (“Private Submissions”), such as personal information submitted when creating an Account (defined below). Personal information included in Private Submissions shall be treated in accordance with our Privacy Policy. However, personal information included in User Content that is intended for public display on the Sites is licensed to us pursuant to the User Content License.
All User Content on the Sites is considered OCEANAIR Content. As such, aside from the limited right to access and use the Sites and OCEANAIR Content granted in the License, you may not make any use of User Content shared by another party without the prior written permission of the owner of such content.
To access certain Features or areas of the Sites, it may be necessary to create an account (each, an “Account”), which may require you to select a username and password. You agree (a) to provide accurate and complete information and (b) not to act in a false or misleading manner during the Account creation process. Without limiting the preceding sentence, you agree not to adopt a username with the intention of imitating any other person or entity. You are solely responsible for maintaining the secrecy of your Account credentials and other sensitive Account information and for restricting access to your Account. You accept that you are fully responsible for the acts and omissions of any person that uses the Sites while logged into your Account.
The Sites may contain errors, inaccuracies, or omissions (“Errors”), and such Errors may pertain to Service information, including descriptions, pricing, promotions, offers, and availability (collectively, “Service Information”). We reserve the right, at any time and without notice, to correct any Errors, change or update Service Information, and to modify, suspend, or discontinue any service or promotion. Notwithstanding the rights reserved in the preceding sentence, we undertake no obligation to update, amend, or clarify any Service Information, except as required by applicable law. No specified update or refresh date on the Sites should be taken to indicate that all Service Information has been modified, updated, or corrected.
Images on the Sites, including photographs or other depictions of services (collectively, “Images”), are provided for general illustrative purposes only and may differ from our actual services. To the fullest extent permitted by law, we disclaim all representations and warranties, express or implied, regarding the Images, and you agree that your reliance on any Images is done entirely at your own risk.
You agree not to share any User Content or otherwise use the Sites in any manner that:
OCEANAIR has the right, but not the obligation, to monitor the Sites for the purpose of determining and enforcing compliance with these Terms. Further, we shall be free to delete, remove, modify, or refuse to post any User Content if we determine (a) that the content violates these Terms, (b) that the content is stale or off topic for the applicable portion of the Sites, or (c) doing so is otherwise necessary or convenient in connection with our administration of the Sites.
We reserve the right to disclose any information, including your identity, Account information, and Site Activity, as we deem necessary to (a) enforce these Terms; (b) satisfy any applicable law, regulation, legal process, or governmental request; or (c) respond to claims that the Sites or your activities in connection therewith violate the rights of third parties.
You hereby waive any claims related to or resulting from any action or inaction of OCEANAIR with respect to (a) monitoring the Sites; (b) deleting, removing, modifying, or refusing to post any User Content; (c) determining or enforcing compliance with these Terms; or (d) cooperating with law enforcement or a governmental request concerning any matter related to the Sites.
Notwithstanding the use restrictions in this Section 10, nothing in these Terms prohibits or restricts your ability to express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about OCEANAIR, its employees or agents, or its services, to the extent that such Reviews are protected under applicable law, including any (a) “statement” protected by Cal. Civ. Code § 1670.8 or (b) “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b.
To the fullest extent permitted by applicable law, the Sites are provided on an “as is” and “as available” basis. OCEANAIR expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Without limiting the preceding sentence, OCEANAIR makes no warranty that (a) the Sites will meet your requirements; (b) the Sites will be uninterrupted, timely, secure, or free of viruses, errors or other harmful components; (c) the OCEANAIR Content will be accurate or reliable; (d) the quality of any features, information, or other material accessed or used by you through the Sites will meet your expectations; or (e) any errors on the Sites will be corrected. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through the Sites and to consult professionals as needed in such evaluation.
OCEANAIR, its parents, subsidiaries, affiliates, successors, assigns, suppliers, and licensors, and each of their officers, shareholders, managers, employees, agents, directors, and licensees (collectively, the “Released Parties”) shall not be liable for any of the following types of damages should they arise in connection with your use of or inability to use the Sites or the services: (a) indirect, incidental, special, punitive, consequential, statutory, or exemplary damages; (b) loss of profits, revenue, business, goodwill, use, or data, in all cases whether direct or indirect; (c) damages, including for any delay or failure in performance, arising from causes beyond the reasonable control of the Released Parties; (d) damages arising from the conduct of other users of the Sites or their User Content; or (e) damages relating to the delay, failure, interruption, disclosure, or corruption of any data or information transmitted in connection with the Sites.
Further, in no event shall the collective liability of the Released Parties in connection with any Dispute exceed the greater of (a) $250 USD or (b) the total amount paid by you to OCEANAIR in connection with any order placed with OCEANAIR in the twelve (12) months preceding the date on which your claim arose (or, if the Dispute involves multiple claims, the date on which the first such claim arose).
The Terms of this Section 11(B) shall apply to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if any remedy fails of its essential purpose. You acknowledge and agree that the limitations of liability set forth in this Section 11(B) are fundamental elements of the basis of the bargain between you and OCEANAIR, and that we would not be able to provide the Sites or any services without such limitations.
For purposes of these terms, “Warranty and Liability Exclusions” means any disclaimers of warranties and/or any exclusions, limitations, or caps on liability. Some jurisdictions do not permit the disclaimer of certain Warranty and Liability Exclusions. Accordingly, some of the Warranty and Liability Exclusions in these Terms might not apply to you, either in whole or in part. Nothing in these terms seeks to impose Warranty and Liability Exclusions in a manner that is prohibited under applicable law. You agree, however, that all Warranty and Liability Exclusions in these Terms, whether in Section 11 or elsewhere, shall apply to the greatest extent permitted by applicable law.
You agree to indemnify, hold harmless, and, at their option, defend the Released Parties from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to (a) your breach of these Terms; (b) any User Content you share; (c) your interactions with other users; and (d) your violation of any law or the rights of any third party. You agree that the Released Parties shall have the right to assume exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate if and as requested by us in the defense and settlement of such matter. If a Released Party assumes defense and control of any such matter, this shall not relieve you of your indemnification obligations. You agree never to settle any matter for which your indemnification is required absent our prior written consent.
Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided pursuant to these Terms (collectively “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or your threat of the same.
The Sites may include hyperlinks to External Sites. If you use these links, you are leaving the Sites and visiting a website or service operated by a third party. These Terms will not apply to your use of External Sites, and our Privacy Policy will not apply to information collected from you on External Sites. You should refer to the policies posted on External Sites before you use them.
We are not responsible for any content, goods, or services available on External Sites, nor do we endorse any opinions, advice, statements, or advertisements on External Sites. You bear all risks associated with your use of External Sites. If you choose to purchase any products or services on an External Site, your relationship is directly with the relevant third party and not with OCEANAIR. Under no circumstances shall we be held responsible or liable for any loss or damage caused by your use of External Sites.
You agree not to create any hyperlink to the Sites without our prior express written approval (including via email). To request linking permission, please contact us at solutions@oceanair.net. If we grant linking permission, we may withdraw that permission at any time by providing you with written notice (including via email). Upon receipt of such notice, you agree to remove the applicable hyperlink immediately and not to re-establish any hyperlink to the Sites without obtaining new written approval in accordance with this provision.
If there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, including any service displayed on the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (each, a “Dispute”), you and OCEANAIR hereby agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 15, even if the Dispute arose prior to the Effective Date of these Terms.
You and OCEANAIR agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).
All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and OCEANAIR. As such, your Dispute and those of others may not be combined into a single Dispute Notice.
Dispute Notices shall be sent as follows:
You and OCEANAIR will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, you and OCEANAIR are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and OCEANAIR (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. OCEANAIR will participate in the Conference through one or more representatives, which may include our counsel.
Both you and OCEANAIR agree that the foregoing dispute resolution procedure (the “Informal Resolution Process”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Resolution Process has not been completed, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Dispute.
If any dispute cannot be resolved through the Informal Resolution Process, you and OCEANAIR agree that such dispute shall be decided exclusively by binding arbitration on an individual basis. Arbitration on an individual basis means that neither party will have, and you and OCEANAIR each hereby waive, the right for a judge or jury to decide its claims, and that neither party is permitted to proceed in a class, consolidated, or representative capacity. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
Any such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as modified by these Terms, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. You and OCEANAIR agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 15 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.
If you or OCEANAIR files a Demand for Arbitration that is one of twenty-five (25) or more similar Demands for Arbitration filed by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Rules”). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures.
Notwithstanding anything to the contrary in these Terms, you and OCEANAIR agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 15 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
In lieu of the dispute resolution procedures in Section 15(A)-(C), you or OCEANAIR may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms. You and OCEANAIR agree that, to the extent permitted by applicable law, any claims referenced in the preceding sentence must be brought and maintained on an individual basis.
In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
These Terms and your use of the Sites shall be governed by the laws of the United States and the Commonwealth of Massachusetts, without regard to principles of conflict of laws. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C., Secs. 1-16.
Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant to Section 15, including those referenced in Section 15(D), shall be resolved by a court located in Suffolk County in the Commonwealth of Massachusetts, and you hereby agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
We reserve the right to modify, suspend, or discontinue the Sites and any aspect thereof, and you agree that OCEANAIR shall not be liable for any such actions. These Terms shall automatically apply to all improvements and modifications to the Sites.
These Terms will continue to apply until terminated by either you or OCEANAIR. We may terminate these Terms, or suspend or terminate your access to the Sites, at any time (a) if we believe you have breached these Terms, (b) if we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Sites and, if applicable, deleting your Account. If you need assistance deleting your Account, please contact us via the information provided at the bottom of these Terms.
If you or we terminate these Terms, or if we suspend or terminate your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately; (b) we shall have no liability to you in connection with the same; and (c) except as expressly provided otherwise by OCEANAIR, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if you voluntarily terminate these Terms, and you are not barred from using the Sites by OCEANAIR or applicable law, you are permitted to resume use of the Sites at a later date. You agree that any such resumed use of the Sites constitutes your renewed acceptance of the then-current version of these Terms.
The following provisions shall survive the termination of these Terms: Sections 4, 5 (excluding the License), 6, 7, 11, 12, 15, 16, and 19, as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation,” and the term “or” shall not be exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any more general disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by OCEANAIR, such decision or action shall be made, taken, or refrained from in our sole discretion and judgment.
If any provision of these Terms is deemed invalid, void, or for any reason unenforceable by a court or authority of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
The failure of you or OCEANAIR to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
These Terms (including, for clarification, any Additional Terms) set forth the entire understanding and agreement between you and OCEANAIR with respect to your use of the Sites.
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and OCEANAIR.
OCEANAIR controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.
If you are a California resident, with respect to any Warranty and Liability Exclusions in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Further, California residents may reach (a) us at the contact information provided in Section 20 and (b) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that all agreements, notices, disclosures, and other communications that OCEANAIR provides to you (a) via a notice on the Sites or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You further agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings (including arbitration) based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions, comments or concerns about these Terms, you may contact us at: legal@oceanair.net.
