TERMS OF SERVICE

Last Revised: January 22, 2026

INTRODUCTION

Old Segundo Productions (“Air War Trail”, “we”, “our”, or “us”) provides the online streaming platform located at https://www.airwartrail.com, including all of its webpages and subpages (the “Website”), and software we allow users to download to your smartphone or other devices (each, a “Mobile Application”). Through our Website and Mobile Application (together, our “Platform”) we offer subscriptions to access our library of World War II historical documentaries, videos, and related content (our “Content”) and our other materials to Platform users like you. These Terms of Service (these “Terms”) are a legal agreement between you and Old Segundo Productions governing your access to and use of the Platform. For information regarding how Air War Trail uses your information, please see our Privacy Policy.

BY CREATING AN ACCOUNT, VIEWING CONTENT, MAKING A PURCHASE, DOWNLOADING AIR WAR TRAIL BRANDED MOBILE APPLICATIONS, OR OTHERWISE USING OR VISITING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER. SEE SECTION 14.4 BELOW FOR MORE INFORMATION.

You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. To register an Account with Air War Trail, you must be 18 years or over. While we do not prohibit access to those under 18, we recommend that individuals under the age of 13 not view Content on the Platform due to the historical nature of our material, which includes depictions and discussions of wartime violence, destruction, and trauma. If you are between the ages of 13 and 18, we strongly recommend that you use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

1. ACCOUNTS AND REGISTRATION

You may be required to create an Air War Trail user account (your “Account”) in order to access and use certain features of the Platform. To do so, you must provide an email address and a valid payment method. You may log into your Account to use the Platform using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to Air War Trail about yourself upon registration of your Account, and at all other times, will be correct, current, and complete, and you further agree that you will maintain and promptly update such information to ensure that it remains correct, current, and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. Air War Trail reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify Air War Trail immediately at support@airwartrail.com. Air War Trail is not liable for any loss or damage arising from your failure to comply with the above requirements.

2. PERMITTED PURPOSE

Subject to these Terms, Air War Trail grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to (a) access and view Content and other materials within the Platform solely for non-commercial, personal entertainment and educational purposes (the “Permitted Purpose”); (b) download, install, and use the Mobile Application(s) made available by Air War Trail for public use on your own handheld mobile device or streaming device solely for the Permitted Purpose; and (c) make purchases of additional products, services, or content credits as may be offered through the Platform from time to time.

3. LIMITATIONS

You expressly agree that you are solely responsible for any and all acts and omissions that occur through your use of the Platform, and you agree not to engage in any unacceptable uses of the Platform. In connection with your access to or use of the Platform, you shall not:

(a) share your Account information with another person or otherwise permit another person to access the Platform through your Account;

(b) use your Account on more than two (2) devices simultaneously for streaming Content;

(c) impersonate any person or entity, including, but not limited to, Air War Trail personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(d) act in a manner that negatively affects the ability of other users to access or use the Platform;

(e) take any action that imposes an unreasonable or disproportionately heavy load on the Platform or its infrastructure;

(f) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Platform or substantially download, reproduce or archive any portion of the Platform;

(h) access the Platform in order to build a similar or competitive service;

(i) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Platform, including, but not limited to, your Account and password;

(j) copy, download (except as expressly permitted), distribute, redistribute, publish, publicly perform, publicly display, or create derivative works from the Content or any portion of the Platform;

(k) circumvent or attempt to circumvent any technological measures designed to protect the Content or Platform;

(l) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Content or Platform; or

(m) violate any applicable local, state, provincial, federal or international law or regulation.

Account Sharing and Device Restrictions: Your Account is for your personal use only. You may stream Content on up to two (2) devices simultaneously. Sharing your Account credentials with others is strictly prohibited. Air War Trail reserves the right to monitor Account usage patterns. If we determine that you are sharing your Account in violation of these Terms, we may suspend or terminate your Account without refund.

4. MOBILE APPLICATIONS

You acknowledge and agree that the availability of a Mobile Application is dependent on the third party websites from which you download the Mobile Application, e.g., the App Store from Apple or the Google Play Store from Google (each an “App Store”). You acknowledge that these Terms are between you and Air War Trail, and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Applications from it. You agree to comply with, and your license to use the Mobile Applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than or otherwise conflict with these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

5. PRICING AND PAYMENT

5.1. Subscriptions

For a recurring fee, you may stream the Content made available to you on our Platform an unlimited number of times during the subscription period for which you have paid. We may add or remove Content from the Platform at any time. To purchase a subscription to the Platform, you must provide a valid payment method. We may apply taxes, including sales tax or VAT (value-added tax), to any charges where required by law. Prices and other terms of purchase are subject to change. If we provide you access to any Content on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement. Air War Trail may change its subscription models and pricing at any time. We will provide you with notice of such changes.

5.2. Billing and Payment

Air War Trail will bill your designated payment method for all fees. You will provide Air War Trail with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Air War Trail reserves the right to terminate your use of, or access to, the Platform in addition to seeking any other legal remedies. Air War Trail is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Air War Trail. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Platform.

5.3. Discounts

Air War Trail may, from time to time, offer discounted subscriptions (including introductory pricing). If we provide a discount for the first subscription period, you must pay the discounted fee for that subscription period; in any renewal, you must pay the then-current fee for the renewal subscription term.

5.4. Automatic Renewal

To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. To cancel a subscription, visit your Account settings or contact us at support@airwartrail.com. Your cancellation will be applied to your next subscription period. You will continue to have access to the Platform through the end of your current paid subscription period. Prior to your annual subscription renewing, you will receive an email to the email address associated with your Account informing you of the date that your subscription will be renewing. For monthly subscribers, you will receive an email if your monthly subscription is renewing for a 12th month, and thereafter on an annual basis.

By signing up for a subscription, you acknowledge that your purchase of the subscription:

(a) Is subject to automatic renewal;

(b) Will continue until you cancel the subscription; and

(c) Is subject to automatic charges on your method of payment.

You may cancel your subscription at any time by going to your Account Settings page and selecting “Cancel Subscription.” Alternatively, you may email support@airwartrail.com to cancel your subscription.

5.5. No Refunds

All subscription fees are non-refundable. When you cancel your subscription, you will retain access to the Platform through the end of your current billing cycle, but no refund will be issued for any unused portion of your subscription period. This no-refund policy applies to all subscription types, including monthly and annual subscriptions.

5.6. In-App Purchases

Air War Trail may allow you to purchase subscriptions within our Mobile Application(s). When you make such “in-app” purchases, you will be billed by the applicable App Store, not us. To turn off automatic renewal for subscriptions, access your App Store’s account settings (not Air War Trail’s). Any billing inquiries should be directed to the App Store. Air War Trail subscriptions may be canceled via the Website only by direct subscribers. If you subscribe to the Platform via a third-party, e.g., Roku or AppleTV, cancellation must be completed through the third party.

5.7. Free Trials

Air War Trail may, from time to time, offer free trials or other limited-time, no-cost, subscription offers (each, a “Free Trial”). Free Trials are available exclusively to new subscribers. The duration of any Free Trial, along with any applicable terms and conditions, will be disclosed to you at the time of sign-up. You may not register, or attempt to register, for multiple Free Trials. Air War Trail reserves the right to limit eligibility, duration, or availability of Free Trials at its sole discretion. Additionally, you may be restricted from combining Free Trials with other promotions. Air War Trail may cancel a Free Trial at any time in its sole discretion. A valid payment method may be required at sign-up for a Free Trial. If you do not cancel your Free Trial before it expires, you will automatically be charged for the subscription at the end of the Free Trial period.

5.8. Content Credits and À La Carte Purchases

Air War Trail may offer additional products, services, or premium content for purchase through a pay-as-you-go credit or token system (collectively, “Content Credits”). Content Credits, if offered, may be purchased separately from your subscription and used to access premium materials such as high-resolution images, exclusive documentaries, merchandise, or other special content. Content Credits are non-refundable and non-transferable. Any unused Content Credits will remain in your Account until used or until your Account is terminated. Specific terms regarding Content Credits, including pricing, expiration dates (if any), and permitted uses, will be provided at the time of purchase.

6. CONTENT WARNINGS AND AGE RECOMMENDATIONS

Air War Trail provides historical documentary content focused on World War II history. Due to the nature of this subject matter, the Content may include depictions, discussions, and historical footage of:

Content Notices: Where appropriate, we will provide pre-roll notices or content warnings before videos that contain particularly sensitive material. These warnings are intended to allow viewers to make informed decisions about what they watch.

Age Recommendation: While we do not impose a strict age restriction, we strongly recommend that individuals under the age of 13 not view Content on the Platform without parental or guardian supervision. Parents and guardians should exercise discretion when allowing minors to access the Platform.

No Explicit Content: The Platform does not contain any sexually explicit content, nudity, or pornographic material. All Content is presented for historical, educational, and documentary purposes.

By using the Platform, you acknowledge that you understand the nature of the Content and accept responsibility for your decision to view it.

7. STREAMING AND TECHNICAL REQUIREMENTS

7.1. Streaming Quality

Content on the Platform is available for streaming only; offline downloads are not permitted. Streaming quality will vary based on your internet connection speed and capabilities. The majority of our Content is available in high definition (HD) or 4K resolution where supported by your device and internet connection. Air War Trail does not guarantee any specific streaming quality and is not responsible for streaming issues caused by your internet service provider, device limitations, or network conditions.

7.2. Technical Requirements

To access and stream Content, you must have:

Air War Trail reserves the right to update technical requirements at any time.

8. THIRD PARTIES; ADVERTISERS

8.1. Third Party Sites

The Platform may contain links to other websites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. Air War Trail provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites may be subject to separate terms and conditions and is at your own risk.

8.2. Advertisers and Marketers

Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Platform, including payment for or delivery of such goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that Air War Trail shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

9. SUSPENSION AND TERMINATION

Air War Trail reserves the right to suspend or terminate your Account and your access to and use of the Platform, at any time, with or without notice, including but not limited to instances where you violate these Terms (such as sharing your Account or exceeding device limitations). Air War Trail reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Air War Trail shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform. Upon termination of your Account for any reason, you will lose access to all Content and any Content Credits or other benefits associated with your Account, without refund.

10. OWNERSHIP AND INTELLECTUAL PROPERTY

10.1. Rights in the Platform

You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Platform are owned by Old Segundo Productions and our affiliates, licensors, and vendors. Your access to or use of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Air War Trail and our affiliates and licensors and vendors reserve all rights not granted in these Terms.

10.2. Rights and Licenses to the Content

All Content on the Platform is copyrighted and owned by Old Segundo Productions, except where explicitly noted as being in the public domain. You are not permitted to download, copy, duplicate, distribute, modify, publicly display, republish, store, transmit, broadcast, or create derivative works from any Content on the Platform without Air War Trail’s express written consent. Streaming Content through the Platform does not grant you any ownership rights in the Content. You may not record, capture, or redistribute any Content accessed through the Platform by any means, including but not limited to screen recording, audio recording, or any other method of reproduction.

Where Content is identified as being in the public domain, Air War Trail will clearly note this designation. Even for public domain content, the particular presentation, compilation, and arrangement of such content on the Platform remains the intellectual property of Old Segundo Productions.

You must have a license from us before you can post or redistribute any portion of the Platform or Content.

10.3. Rights and Licenses to the Platform

Air War Trail retains full and complete title to all Content and the Platform, including any downloadable software and all data that accompanies it. You may not modify the Platform, create derivative works of the Platform, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Platform that would reveal any source code, trade secrets, know-how or other proprietary information. Nothing in these Terms shall be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Platform. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded, embodied, or displayed in connection with the Platform.

10.4. Termination of Rights and Licenses

You may use the Platform only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Platform or Content after any termination or expiration of your agreement to these Terms for any reason.

11. DISCLAIMERS OF WARRANTY

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. AIR WAR TRAIL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY AIR WAR TRAIL, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.

AIR WAR TRAIL MAKES NO WARRANTY THAT ACCESS TO THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE CONTENT WILL BE AVAILABLE IN ANY PARTICULAR QUALITY OR FORMAT, OR THAT DATA WILL BE SECURE FROM UNAUTHORIZED ACCESS.

AIR WAR TRAIL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY HISTORICAL INFORMATION PRESENTED IN THE CONTENT. WHILE WE STRIVE FOR HISTORICAL ACCURACY, THE CONTENT IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES AND SHOULD NOT BE RELIED UPON AS A SOLE SOURCE FOR ACADEMIC OR PROFESSIONAL RESEARCH.

12. INDEMNITY

You shall indemnify, defend, and hold Air War Trail, Old Segundo Productions, and their affiliates, and each of their officers, directors, employees, agents, partners, and licensors harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) violation of these Terms or any law or regulation; (b) violation of any applicable law or regulation; (c) violation of any rights of another party; or (d) unauthorized use or distribution of Content. Air War Trail reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Air War Trail and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Air War Trail’s prior written consent. Air War Trail will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

13. LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL AIR WAR TRAIL OR OLD SEGUNDO PRODUCTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF AIR WAR TRAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE PLATFORM, FROM ANY CHANGES TO THE PLATFORM, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS.

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR WITH ANY OF THESE TERMS, OR FEEL AIR WAR TRAIL HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. THE TOTAL LIABILITY OF AIR WAR TRAIL TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PLATFORM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND AIR WAR TRAIL THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS SECTION 13 SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Air War Trail has adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the service provider’s designated agent. Notification must be submitted to the following:

Service Provider: Old Segundo Productions
Name: Legal Department
Full Address: [Your Physical Address], Abilene, Texas [ZIP Code]
Email: dmca@airwartrail.com

14.2. Notice of Infringement

To be effective, the notification must be a written communication that includes the following:

(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14.3. Takedown Notices

We may give you notice that we have removed or disabled access to certain material by means of a general notice on our Platform, email to the email address associated with your Account, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

(a) Your physical or electronic signature;

(b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(d) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Air War Trail may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

15. GENERAL

15.1. Modification

Air War Trail may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Platform after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Platform after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Platform.

15.2. Restricted Users

You may not create an Account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.

15.3. Governing Law

These Terms shall be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.

15.4. Dispute Resolution

If you believe that Air War Trail has not adhered to these Terms, please contact us by e-mail at support@airwartrail.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

(a) If you and Air War Trail are unable to reach a resolution to the dispute, you and Air War Trail will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at a location to be determined in Texas. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND AIR WAR TRAIL AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN AIR WAR TRAIL AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND AIR WAR TRAIL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

(b) Further, unless both you and Air War Trail otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.

(c) Notwithstanding the foregoing, Air War Trail may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

(d) If you are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Section, then this Section shall be deemed revised to conform with such laws.

(e) You have a limited right to opt out of this arbitration obligation. If you are a new user, you can opt out of this arbitration obligation within 30 days of first accepting these Terms. If you are an existing user, you can opt out within 30 days after the Last Revised date of these Terms. To opt out, you must send a timely email to support@airwartrail.com with your information and a request to opt out of these arbitration terms. If you validly opt out, you will not need to keep opting out when these Terms are updated, and your initial opt out request will continue to be honored.

15.5. Compliance with Laws

You acknowledge that the Platform is not specifically designed to facilitate compliance with any specific law, rule, or regulation. Your use of the Platform in compliance with any specific law, rule, or regulation applicable to you is your sole responsibility. Air War Trail is not responsible for enabling your compliance with any such law, rule, or regulation or for your failure to comply. You represent and warrant to Air War Trail that your use of and access to the Platform will comply with all applicable laws, rules, and regulations and will not cause Air War Trail, Old Segundo Productions, or any of their affiliates, licensors, or vendors to violate any applicable laws, rules, and regulations.

15.6. International Use

Air War Trail controls and operates the Platform from the state of Texas, United States. The Platform is available for use internationally with no geographic restrictions; however, you are responsible for compliance with local laws in your jurisdiction. Air War Trail does not represent that all Content or materials on the Platform are appropriate or available for use in all locations. Persons who choose to access the Platform from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission or transfer of any data or technical information in connection with your access to or use of the Platform.

15.7. Survivability

Sections 3, 10, 11, 12, 13, 14, and 15 will survive any expiration or termination of these Terms.

15.8. Contact

Old Segundo Productions is located in Abilene, Texas. Any questions, comments, or suggestions, including any report of violation of these Terms should be provided to Air War Trail as follows:

By Email: support@airwartrail.com
By Postal Mail: [Your Physical Address], Abilene, Texas [ZIP Code]

15.9. Entire Agreement

These Terms constitute the entire agreement between you and Old Segundo Productions with respect to the Platform, superseding any prior agreements between you and Old Segundo Productions. The failure of Air War Trail to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Air War Trail nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.

END OF TERMS OF SERVICE