Last updated Jan 21, 2021
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION 9 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH AIRTAB ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN INDIVIDUAL JURY TRIALS OR CLASS ACTIONS.
Please read these Terms carefully before using the Site. By accessing, using, or browsing the Site, you agree to be legally bound by these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
By accessing this Site, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with all applicable federal, state, and local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The information and software (the "Materials") contained in this Site are protected by applicable copyright and trademark law.
The various services we provide through the Site (collectively, "Services") are for your own use only. You may not resell, lease, or provide them in any other way to anyone else. Some services are for the personal use of persons who are lawfully permitted to purchase and consume alcoholic beverages in states, countries, and other territories where the sale, advertising, and consumption of alcoholic beverages are lawful. You hereby warrant that Airtab will only be used for the personal use, of persons who are lawfully permitted to purchase and consume alcoholic beverages, in states, countries, and other territories where the sale, advertising, and consumption of alcoholic beverages is lawful. By using Airtab, you indicate that you accept Terms and that you agree to abide by them. You must exit Airtab if you do not accept these Terms, if you are not of legal age for consuming alcoholic beverages in the state, country, or other territory in which you are located, or if you are accessing our Site in a country or other territory where use of our Site is not permitted.
THE SERVICES MAY BE RELATED TO THE PURCHASE OF ALCOHOL AT PARTICIPATING ESTABLISHMENTS. IT IS PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF 21 TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT, OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE OR OTHERWISE ACQUIRE ANY ALCOHOLIC BEVERAGE. BY USING THE APP OR SERVICES, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE AND WILL ENGAGE IN RESPONSIBLE CONSUMPTION OF ANY ALCOHOL BEVERAGES. We will suspend or terminate any accounts that we believe, in our sole discretion, are being used by anyone under the age of twenty-one (21) years old or the age of majority in the jurisdiction in which you view or use the Services. We reserve the right to report such person to the proper authorities along with all information provided to us by or with respect to such person.
Your use of the Site and Services is subject to the following Airtab rules and acceptable behavior and conduct, as well as all applicable local, state, and federal laws and regulations. Having access to the Site does not guarantee you entry or service at retailers at all times. Retailers may refuse entrance or service if they determine at their sole discretion that you violate their code of conduct or display unacceptable behavior in any way. In states where alcohol control laws and regulations require a purchase of an additional drink, retailers may enforce such purchase if you do not voluntarily make such purchase. By using the Site, you agree:
• To comply with local, state, and federal laws and regulations;
• Not to use the Site or Airtab services at retailers if you are under 21 years of age;
• Not to maintain more than one (1) account per person;
• Not to access the Site or Airtab services using a 3rd party account;
• Not to use the Site for illegal purposes;
• Not to commit any acts of infringement on the Site; and
• Not to create disruption or interfere with another person's use and enjoyment of the Site.
2. Use License
Permission is granted to temporarily download one copy of the Materials on the Site for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the Materials;
• use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on the Site;
• remove any copyright or other proprietary notations from the provided Materials;
• transfer the Materials to another person or "mirror" the Materials on any other server; or
• upload or transmit viruses or other harmful files that disrupt or violate the security of the Site, Materials, or any Services.
This license shall automatically terminate if you violate any of these restrictions. Additionally, Airtab retains the right and sole discretion, without any notice to you, to:
• terminate your license to use the Site, or any portion thereof;
• block or prevent your future access to and use of all or any portion of the Site, Services, or Materials;
• change, suspend, or discontinue any aspect of the Site, Services, or Materials; and
• impose limits on the Site, Services, or Materials.
Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
3. Disclaimer & Limitations
The materials on the Site are provided "as is" and on an "as available" basis. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AIRTAB (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL AIRTAB BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND AIRTAB'S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, A NEGLIGENT ACT, WILL AIRTAB OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF AIRTAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
ANY PRODUCTS, SERVICES, OR BOTH DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You hereby acknowledge that by using Airtab you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use Airtab at your sole risk and Airtab will have no liability to you for material that may be found to be offensive, indecent, or objectionable.
You waive and shall not assert any claims or allegations of any nature whatsoever against Airtab, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents, or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the Site, Materials, or Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Materials, or allegations that any Released Party has or should indemnify, defend, or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site, Materials, and Services entirely at your own risk.
Without limitation of the foregoing, neither Airtab nor any other Released Party shall be liable for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, loss of data, loss of good will, data, or other intangible losses or other economic loss, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise, arising out of or in any way connected with the use of the Site, Services, or Materials, including, without limitation, any damages caused by or resulting from: (i) your use or inability to use the Site, Materials, or Services; (ii) any third party claims that the use by you of the Materials, Site, or any Services violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site, Services, or Materials, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses, or any failure of performance (whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Airtab or any other Released Party's records, programs, or services); (iv) any damages arising from communications or transactions with other Users of the Site, whether through the Services or otherwise, or persons that you meet through the Site; or (v) any other matters relating to this Site, Materials, or Services, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not Airtab had any knowledge, actual or constructive, that you might incur such damages.
You shall fully defend, indemnify, and hold harmless Airtab and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims, and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User-provided content infringes the rights, including the intellectual property rights, of any third party.
4. Revisions and Errata
The Materials appearing on the Site may include technical, typographical, or photographic errors. Airtab does not warrant that any of the Materials on its Site are accurate, complete, or current. Airtab may make changes to the Materials contained on its Site at any time without notice. Airtab does not, however, make any commitment to update the Materials.
5. Links to Third-Party Websites and Materials
Airtab provides links to third-party websites and materials ("Third-Party Websites and Materials") as a convenience to you. Airtab has not reviewed all of the Third-Party Websites and Materials linked to the Site and is not responsible for the contents of any such Third-Party Websites and Materials. The reference to Third-Party Websites and Materials does not imply endorsement by Airtab of the Third-Party Websites and Materials. Use of any such linked Third-Party Websites and Materials is at the User's own risk. You agree that Airtab is not responsible for examining or evaluating the content or accuracy of Third-Party Websites and Materials. Airtab does not warrant and disclaims any liability or responsibility for Third-Party Websites and Materials, or for any other materials, products, or services of third parties. You agree that you will not use any Third-Party Websites and Materials in a manner that would infringe or violate the rights of any other party and that Airtab is not in any way responsible for any such use by you.
6. Intellectual Property
You agree that the Site contains proprietary information and Materials that are owned by SDA or its licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, applicable U.S. and international patents, trademarks, and copyrights ("Proprietary Information"). You agree that you will not use such Proprietary Information or Materials in any way whatsoever except for permissible uses of Airtab in compliance with these Terms. No portion of Airtab may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Airtab, and you shall not exploit Airtab in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. All Proprietary Information, including copyrights in and to the Site (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by SDA or its licensors, who reserve all their rights in law and equity. The use of the Site is only as permitted in these Terms and is strictly prohibited otherwise. Any unlawful use or infringement of the Proprietary Information or other intellectual property rights of Airtab, SDA, or others may subject you to civil and criminal penalties.
7. Uploading Material to Airtab; Contents and Standards
Airtab does not pre-screen or regularly review material uploaded to the Site. Any material you upload to our Site will be considered non-confidential and non-proprietary, and, unless otherwise agreed in writing between us, we have the right to use, copy, distribute, and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any material posted by a User. We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.
Any and all material which you contribute to the Site must:
• be accurate where facts are stated;
• comply with all state, federal, local, and international laws.
User contributions must not:
• contain any material that is defamatory of any person;
• contain any material which is obscene, offensive, hateful, or inflammatory;
• contain sexually explicit material;
• harm, or attempt to harm, minors in any way;
• encourage, condone, promote, or glamorize under-age, excessive or irresponsible consumption of alcoholic beverages, or drunk driving;
• target an audience under the legal drinking age;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal or immoral activity;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety; or
• advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9. Arbitration and Governing Law
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION UNDER THIS AGREEMENT ARISING OUT OF OR CONNECTED WITH THIS SITE OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, SO YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS. These Terms operate to the fullest extent permitted by law.
11. Registration Data; Account Security
To utilize the Services, you are required to complete a registration process and establish an account with Airtab ("Account"). By establishing an Account, you agree to:
• provide accurate, current, and complete information as may be prompted by any registration forms on the Site, including confirmation that you are at least twenty-one (21) yeas of age ("Registration Data");
• maintain the security of your password;
• maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current, and complete;
• accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site;
• use the Site for personal purposes and not for commercial purposes;
• have no more than one Account, and to not sell, trade, or transfer that Account to any other person, or access Airtab by any other means other than through the interface provided publicly.
You are responsible for all activity on your Account. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of such breach, including any loss or damage Airtab may suffer. If you become aware of any unauthorized use of your Account, you agree to notify us immediately via email to firstname.lastname@example.org or via mail at 3801 PGA Blvd. Suite 102 Palm Beach Gardens, Florida 33410.
DELETING THE AIRTAB APP FROM YOUR MOBILE DEVICE DOES NOT CONSTITUTE A REQUEST FOR ACCOUNT CANCELLATION.
Airtab currently offers its Services to Users free of charge. However, we reserve the right to include a user fee or adjust pricing at any time. Any price changes will be communicated through an update on the Site or any other means deemed appropriate by Airtab. Users may have the option to purchase Airtab "bucks," which are in-App units of credit purchased by Users that can be transferred between other Users and are redeemable at participating retailers as vouchers for good and services ("Bucks"). When you initiate a transaction via the App for Airtab Bucks using a credit or debit card, the payment data will be encrypted to our third-party payment processing company, which will authorize your credit or debit card for the requested amount. Credit or debit card use will be subject to the third-party payment processor's policies and procedures.
13. Marketing Services and Beverage Purchases
Airtab provides a promotional and marketing service by referring qualified Airtab Users to discover products and services provided by participating third-party, licensed alcoholic beverage retailers. At no time are you buying any alcoholic beverage from Airtab. User privileges include, but are not limited to, access to exclusive lifestyle content, invitations to special events, and more. As one of the User privileges, retailers may provide qualified Users with complimentary drinks or other promotions, with the exception that the relevant jurisdiction's alcoholic beverage control ("ABC") laws may prohibit or restrict a retailer from providing complimentary drinks or promotions to customers. In those instances, Users may instead receive access to exclusive specials and promotions. Failure to abide by applicable ABC laws are grounds for immediate termination of your use of our Site.
14. Advertisements And Promotions
Airtab may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Airtab, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Airtab is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
15. Digital Rebate Platform
One of the Services provided by Airtab is a digital rebate platform. These Services, for example, allow Users to access rebates of certain third-party suppliers for online or in-store use. Airtab makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Site or that any third-party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the Site. Airtab is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Site. Airtab is not responsible for the change of information at third-party sites or stores including, but not limited to, rebate information, pricing, availability or fitness for use. IN NO EVENT SHALL AIRTAB OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AIRTAB WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
15A Airtab® Retailer Services Agreement
This Retailer Services Agreement (“Agreement”) is entered into as of January 2021(the “Effective Date”) by and between Software Development Associates, Inc. d/b/a Airtab, a Florida corporation with its principal place of business located at 1044 N. US Hwy One Suite 101 Jupiter Florida 33477 (“Airtab”) and any Airtab authorized establishments with its principal place of business located within the Airtab network (“Retailer” or “you”) (each a “Party,” and collectively the “Parties”).
WHEREAS, Airtab is a data analytics company that offers third-party marketing and advertising tools;
WHEREAS, Airtab operates a unique mobile application-based social media platform with a data accumulation, aggregation, and analysis tool (“Platform”); and
WHEREAS, Retailer seeks to engage Airtab to facilitate lawful alcohol beverage promotions in order to generate data for market research purposes.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby covenant and agree as follows:
Integration. This Agreement contains the entire understanding of the Parties and no representation, promise, inducement, or statement of intention other than those set forth in this Agreement has been made by Airtab or Retailer, and neither Party shall be bound by or liable for any other alleged representation, promise, inducement, or statement of intention. This document, including all appendices and terms referenced in or contemplated by it, constitutes the entire agreement between the Parties, and there are no other agreements or understandings, either written or oral, between the Parties regarding its subject matter. This Agreement cancels and supersedes any previous agreements between Airtab and Retailer regarding the subject matter.
IN WITNESS WHEREOF, Airtab and Retailer have caused this Agreement to be executed by their duly authorized representatives effective as of the Effective Date.
RETAILER in conjunction with Airtab
Retailer: Authorized within terms and conditions in addition to authorization to participate (ATP) form
SCHEDULE 1: DATA PACKAGES
In exchange for participation in Airtab Campaigns and access to the resulting Data Packages and any incidental value derived from the promotion, Retailers must pay Airtab in accordance with the pricing information below. These payments must be in the same form and currency as the payments made by Airtab to the Retailer as reimbursement for the Tabs redeemed by Users, as outlined in Section 5. Data package per $10.00 As journal entry and /or to settle via blockchain.
Retailer Promotion Data Packages
A Retailer may purchase Data Packages with data collected from Retailer Promotions facilitated through the Platform from Airtab at the following rates and terms:
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and Airtab regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral, or written between you and Airtab regarding your use of the Site. These Terms constitute a binding agreement between you and Airtab, and are accepted by you upon your use of the Site. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
The failure of Airtab to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities, or for any other reason beyond the reasonable control of Airtab, shall not be deemed a breach of these Terms.
If you breach any provision of these Terms you may no longer use the Site. We may, in our sole discretion, change, suspend, or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice to you. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you with respect to your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms, then your sole and exclusive remedy is to discontinue using the Site.
If Airtab fails to act with respect to your breach or anyone else's breach on any occasion, Airtab is not waiving its right to act with respect to future or similar breaches.
17. Questions And Comments
If you have any questions regarding these Terms or your use of the Site, please contact us at:
Software Development Associates Inc.
1044 N. US Hwy one suite 101
Jupiter, Florida 33477