airG Inc. (‘airG, “we” and “our”) provides a variety of services to mobile phone users throughout the world through mobile service providers (“MSPs”).
airG is providing you with the National Basketball Association League Pass Service billing and access service located at the https://airg.live/nba(the “Service”).
The commencement date of this TOU is the date you first use, or sign up for the Service and/or purchase any Service, or provide airG with your mobile phone number, whichever is earlier. Your continued use of the Service implies your acceptance of any changes to this TOU. The terms of thus TOU will remain in full force and effect while you use the Service, unless earlier terminated in accordance with this TOU.
The Service is not knowingly provided, directed or targeted to children, usage of the Service will be subject to the following criteria, and the following will apply:
- In the European Economic Area, the Service is not knowingly provided to person under the age of 16. If you are accessing the Service from the European Economic Area you hereby represent, warrant and covenant that you are at least 16 years old.
- In all other countries the Service is not knowingly provided to children under the age of 14. If you are accessing the Service from any country other than those listed above, you hereby represent, warrant and covenant that you are at least 14 years old. The Service is available for your use if you are able to enter into this TOU and are not a person barred from receiving the Service under US or Canadian law, not residing in a country that is subject to a US government embargo, or designated by the US government as a “terrorist supporting” country, and you are not included on any US government list of prohibited or restricted parties, or any other reason airG may unilaterally determine at any time.
This TOU was written in English. To the extent any translated version of this TOU conflicts with the English version, the English version controls.TOU Version Date: March 1, 2023
You may register for an account with airG or through your Mobile Service Provider (“MSP”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Service does not violate any applicable laws.
You may terminate your account at any time, for any reason, by following the instructions on the Service (if you have signed up directly with airG) or through your MSP (if you signed up through your MSP).
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify airG of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. airG cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Any username or password, if any, supplied to or by you is personal to you, and you may not transfer or make available your account name and/or password to others. Any distribution by you of such username and password may result in suspension, termination or cancellation of your access to your account without refund; you are responsible for any additional charges based on unauthorized use.
Once your billing for the Service has been approved and charged by airG, you will need to create an account on the NBA League Pass Service web page. You will need to accept all terms and conditions of the NBA League Pass Service.
3. If you receive the Service through your MSP.
airG and your MSP are separate legal entities. This TOU is between you and airG. Your MSP is not providing the Service and is not responsible for the Service. You may have other agreements with your MSP that apply to your use of the Service, and those agreements will apply between you and your MSP. This TOU will not in any way alter any of the terms or conditions of any agreement you may have with your MSP for its products or Service.
If you have purchased use of the Service through your MSP, your MSP will charge you for all use of the Service in accordance with your MSP’s prices and payment terms, and you will pay all charges to your MSP.
airG assumes no responsibility for the provision or maintenance of hardware, including mobile communications devices or network access that may be required for you to connect to the Service.
Subject to the terms of this TOU, airG grants you a non-transferable, non-exclusive license to (a) access the Service for your use, and (b) download, install and use copies of the Service on mobile devices that you own or control for your use (the “License”).
This License is not a sale and does not convey to you any rights of ownership in or related to the Service.
The airG name, logo, and all product names associated with the Service belong to airG, and no right or license is granted to you to use them by implication, estoppel or otherwise. If any third party claims that any of these names and/or logos – or your possession and use of the Service– infringes that third party’s intellectual property rights, airG will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
airG reserves all rights not granted in this TOU.
The rights granted to you in this TOU are subject to the following restrictions. You agree that you will not:
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service;
(b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service;
(c) access, tamper with, or use non-public areas of the Service, airG’s computer systems, or the technical delivery systems of airG;
(d) access the Service in order to build a similar or competitive service;
(e) probe, scan, or test the vulnerability of any airG system or network, or breach or circumvent any security or authentication measures;
(f) access or search, or attempt to access or search, the Service by any means, automated or otherwise, other than through the currently available, published interfaces provided by airG, unless you have been specifically allowed to do so via a separate agreement with airG;
(g) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
(h) interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network by any means including sending a virus, overloading, flooding, spamming, mail-bombing airG, the Service or any of them, or scripting the creation of User Generated Content (defined below) in such a manner as to interfere with, or create an undue burden on, airG or its users;
(i) facilitate or encourage any violations of this TOU;
(j) remove or destroy any copyright notices or other proprietary markings contained on or in the Service;
(k) use your personal profile for your own commercial gain (including selling your profile or any part thereof to an advertiser);
(l) transfer your account or any part thereof to anyone without first getting airG’s written permission;
(m) post anyone’s identification documents or sensitive financial information;
(n) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
(o) use the Service to design or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software to modify or interfere with the Service;
(p) use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service, or that is in transit from or to the Service, including any software that reads areas of RAM or streams of network traffic used by the Service and Sites, to store information about characters, elements or environment;
(q) intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
(s) bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data;
(t) use, facilitate, create or maintain any unauthorized connection to the Service, including (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (b) any connection using programs, tools or software not expressly approved by airG; and
(u) copy, modify or distribute rights or content from the Service, or airG’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in this TOU.
Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Any future release, update, or other addition to functionality of the Service shall be subject to the terms of this TOU. All copyright and other proprietary notices on any Service must be retained on any copies.
airG may suspend or terminate your account in accordance with Section 14,” Termination” below.
6. Communications from airG.
As part of providing the Service, airG may send certain communications such as service announcements and administrative messages. These communications are considered part of the Service, and you will not be able to opt out of receiving them. By using the Service or any of them, you agree to accept these communications.
7. Local Laws.
airG makes no representation that the Service is appropriate for use in your locations You are solely responsible for compliance with all applicable laws, including export and import regulations. Any diversion of the Service contrary to Canadian or United States law is prohibited.
airG reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that airG will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof. In addition, airG reserves the right to create limits on use and storage at airG’s discretion at any time without prior notice to you.
9. Product Claims.
You agree that airG alone is responsible for addressing any claims by you or a third party relating to the Service or your possession and/or use of the Service including (a) product liability claims; (b) any claim that the Service or any of them fail to conform to any legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
If you provide airG any feedback or suggestions (“Feedback”), you hereby assign to airG all rights in the Feedback and agree that airG shall have the right to use such Feedback and related information in any manner it deems appropriate. airG will treat any Feedback you provide to airG as non-confidential and non-proprietary information. You will not submit to airG any information or ideas that you consider to be confidential or proprietary.
airG may store one or more cookies (a small text file containing a string of alphanumeric characters) on your mobile device that uniquely identifies your browser. These cookies may store your unique account ID, an API key, your profile information and your username, but no other personal information. The Service may use persistent cookies. A persistent cookie remains after you close your browser, and may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser help file directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Service may not function properly if the ability to accept cookies is disabled. By using the Service, you agree to accept the placement of cookies on your browser.
12. Local Storage.
Local storage is a key value data store that is built into modern browsers. The Service may use such local storage as a data cache to store items the Service has recently downloaded from the server in order to enhance performance of the Service. The Service may store your profile information in local storage.
Local storage is stored indefinitely inside your browser. By using local storage, the Service make fewer calls to the server and saves on your data consumption.
You may wish to delete local storage through your browser, although some browsers do not allow for such deletion. If you delete all local storage, the Service will rebuild local storage the next time you use them. If you delete part of the information stored in local storage, the Service may not operate properly.
13. Copyright Infringement.
THIS NOTICE AND PROCEDURE IS EXCLUSIVELY FOR CLAIMING COPYRIGHT INFRINGEMENT REGARDING YOUR MATERIAL(S) THAT APPEAR ON THE SITES AND/OR SERVICE, IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). We do not condone posting of copyrighted material belonging to third parties on the Service, and will respond to alleged violations in accordance with procedures allowed by the Digital Millennium Copyright Act (“DMCA”) outlined below. If you believe that your copyright rights have been infringed by a user of the Service, please provide airG with the written information specified below. Please note that this procedure is exclusive for notifying airG that your copyright material has been infringed. An electronic or physical signature of the person who is authorized to act on behalf of the owner of the copyright interest is required;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by either the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
airG’s Copyright Agent for notice of claims of copyright infringement on its Sites can be reached as follows:
airG Legal Department
#1200 – 89 West Georgia Street
Vancouver, B.C., V6B 0N8
We may (a) suspend your rights to use the Service, and/or account or (b) terminate this TOU as it pertains to you. We may suspend or terminate at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated any provision of this TOU or any applicable law. airG reserves the right to limit, reduce, liquidate, deactivate, suspend or terminate your account and your access to the Service, or portions thereof if you are, or if airG or your MSP suspects, in the sole discretion of any of those entities, that you are, or have been involved in fraud or the misuse of the Service. In addition, airG may suspend or terminate your access for any or no reason. We may also add or create new limits to the Service at any time.
Upon termination of this TOU, your account and right to use the Service will automatically terminate immediately. airG will not have any liability whatsoever to you for any termination of this TOU, including for termination of your account.
If your account has been terminated, you may be banned from using the Service in the future.
If we terminate your account for any reason, you may not create another account without our permission.
Even after this TOU is terminated as it pertains to you, the following provisions of this TOU will remain in effect: 1,4,5, 6,9, 10, 17, 17, 18, 19, 22, 23, 24, 25.
15. Third Party Sites and Ads.
The Service may contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). You agree to accept Ads from airG as well as from third parties with whom airG contracts so that those third parties can offer their goods and Service to you. airG is not responsible for and does not control Third Party Sites & Ads. airG provides these Third Party Sites & Ads only as a convenience to you. airG has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you access a Third Party Sites & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Sites & Ads.
You agree to defend, indemnify and hold harmless airG, its officers, directors, employees, contractors, agents and suppliers from and against any and all claims, suits, losses, damages, obligations, liabilities, costs, debts and expenses (including attorneys’ fees) brought by third parties resulting from or relating to (a) your use of the Service, (b) your violation of this TOU, (c) your violation of any third party right, including any intellectual property, property or privacy right. airG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify airG, and you agree to cooperate with airG’s defense of these claims. You agree not to settle any matter related to this TOU or your use of the Service or any of them without the prior written consent of airG. airG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that airG has no indemnity obligations to you.
You hereby irrevocably and unconditionally release and forever discharge airG, its officers, directors, employees, agents and suppliers from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, the Service or airG users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING. THAT CODE SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICE IS AT YOUR SOLE RISK AND ARE PROVIDED “AS-IS” AND AS AVAILABLE AND airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE, (D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT SERVICE, OR ANY FEATURE THEREOF, WILL BECOME EITHER PERMANENTLY OR TEMPORARILY UNAVAILABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
19. Limitation on Liability.
IN NO EVENT SHALL airG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS TOU, THE SERVICE, EVEN IF airG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF airG’s SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM airG’s SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT airG SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITES OR THE SERVICE OR airG CREDITS MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Changes to this TOU.
This TOU is subject to occasional revision. Any changes to this TOU will be effective upon our posting of the most recent version of this TOU on the Service. These changes will be effective immediately for users of the Service. Continued use of the Service following posting of the most recent version of this TOU shall indicate your acknowledgement of any such changes and your agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated on this first page of this document. We recommend that you revisit this TOU from time to time to ensure you are aware of any changes.
You are responsible for providing airG with your most current mobile phone number. In the event that the last mobile phone number you have provided to airG is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this TOU, airG’s dispatch of the message containing such notice will nonetheless constitute effective notice.
Any notice provided to airG pursuant to this TOU should be sent to:
1200 – 89 West Georgia Street
Vancouver, BC, Canada V6B 0N8
Attn: Corporate Counsel
22. Governing Law; Jurisdiction.
This TOU shall be governed by the laws of British Columbia, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia, Canada for the purpose of litigating all such claims or disputes, and you further agree that the Service shall be deemed a passive server whose activities do not give rise to personal jurisdiction over airG, either specific or general, in jurisdictions other than British Columbia, Canada. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect airG’s intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this TOU.
23. Improperly filed claims.
All claims you bring against airG must be resolved in accordance with this Governing Law section above. All claims filed or brought contrary to the Governing Law section above or any other applicable section shall be considered improperly filed. Should you file a claim contrary to the governing Law Section above, or any other applicable section, airG shall be entitled to recover attorneys’ fees and costs up to $1000, provided that airG has notified you in writing of the improperly filed claim and you have failed to promptly withdraw that claim.
If any provision of this TOU is, for any reason, held to be invalid or unenforceable, the other provisions of this TOU will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
25. Entire Agreement; General.
26. Force majeure.
airG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of airG including any failure to perform hereunder due to unforeseen circumstances or cause beyond airG’s control including acts of God, war, terrorism, riots, zombie apocalypse, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials and pandemics.
27. Records Retention.
Your account consisting of your mobile phone number and any other information you may provide us, will be stored in the United States and/or Canada, the actual locations and length of time of storage is to be determined at our sole discretion.
airG Inc., 1200 – 89 West Georgia Street, Vancouver, B.C., V6B 0N8