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Terms of Service

Airbrite Inc., a Delaware corporation ("Airbrite," "we," or "us"), offers services through www.trycelery.com ("Celery" or the "Site"). By using the services of Celery (the "Service"), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at here. Airbrite reserves the right to update and change the Terms of Service by posting updates and changes to the Site. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

A. Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must provide a valid email address and any other information needed in order to complete the signup process.
  3. You are responsible for keeping your password secure. Airbrite cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  4. You may not use Celery for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of California.
  5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Celery account.
  6. A breach or violation of any of the Account Terms as determined in the sole discretion of Airbrite will result in an immediate termination of your services.
  7. If you use PayPal for payments, you must comply with their Acceptable Use Policy.

B. General Conditions

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service and the Privacy Policy before you may become a User of Celery.

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  6. Airbrite does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  7. You expressly understand and agree that Airbrite shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  8. In no event shall Airbrite be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Airbrite partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  9. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Airbrite.
  10. We do not claim any intellectual property rights over the material you provide to the Celery service. All material you upload remains yours. You can remove your Celery store at any time by deleting your account. This will also remove all content you have stored on the Service.
  11. By uploading images and item description content to trycelery.com, you agree to allow other internet users to view them and you agree to allow Airbrite to display and store them and you agree that Airbrite can, at any time, review all the content submitted by you to its Service.
  12. The failure of Airbrite to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Airbrite and govern your use of Celery, superseding any prior agreements between you and Airbrite (including, but not limited to, any prior versions of the Terms of Service).
  13. Airbrite does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
  14. Questions about the Terms of Service should be sent to support@trycelery.com.

C. Fees

  1. We reserve the right to change our pricing schedule from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Site.
  2. You are responsible for paying all fees and applicable taxes associated with our Site and Service (the "Taxes").
  3. Airbrite shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

D. Data Security

You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, payment card, or transaction information (defined as “Data”) on your website. You agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. The steps you will need to take to comply with PCI-DSS and PA-DSS when using Celery and Stripe will vary based on your implementation. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.

E. Cancellation and Termination

  1. You may cancel your account at anytime by emailing support@trycelery.com.
  2. We reserve the right to modify or terminate Celery services for any reason, without notice at any time.
  3. Fraud: Without limiting any other remedies, Airbrite may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

F. Release and Indemnity

  1. If you have a dispute with another User (buyer or seller) of the Site, you release us (and our members, directors, officers, employees, and agents) from claims, demands, damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
  2. You agree to indemnify and hold Airbrite (and our members, directors, officers, employees, and agents) harmless from any claim or demand, including attorney fees, made by any third party due to or arising out of (a) your breach of this agreement, or your violation of any law or the rights of a third party or made by any third party due to or arising out of the goods or services offered for sale or actually purchased or the third party content or other content you submit, post or make available through or on a storefront and (b) your use, misuse, or inability to use the site, the services, or the Airbrite content or any violation by you of this agreement.
  3. You hereby further release Airbrite (and our members, directors, officers, employees, and agents) for all actions or inactions of other users, including goods and services advertised or sold. You agree the site is designed to permit parties to enter into transactions for all kinds of goods and services and other activities. Airbrite has no control over and does not guarantee the quality, safety, or legality of the goods or services advertised, the truth or accuracy of the information set forth in the storefronts, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

G. Legal Disputes

If a dispute arises between you and Airbrite, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Airbrite agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at support@trycelery.com 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.

  • Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Airbrite must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such 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: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

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