Terms of Use

Effective Date – Monday, March 4, 2024

Welcome to AERTWORKS LLC dba THE.MERGER.COMPANY, a management advisory firm. These Terms of Use (“Terms”) govern your access to and use of our website, services, tools, and applications (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

1. Acceptance of Terms

By using our Services, you confirm that you accept these Terms and that you agree to comply with them. If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of such changes by posting the updated Terms on our website and updating the “Effective Date” above. Your continued use of our Services after any changes to the Terms will constitute your acceptance of such changes.

3. Access and Use of the Services

3.1 Eligibility

You must be at least 18 years old to access or use our Services. By using our Services, you represent and warrant that you meet this requirement.

3.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal and non-commercial use.

3.3 Prohibited Uses

You may not use our Services:

• In any way that breaches any applicable local, national, or international law or regulation.
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material.
• To knowingly transmit any data, send or upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4. Intellectual Property Rights

All intellectual property rights in our Services and the content provided, including but not limited to text, graphics, logos, images, and software, are owned by or licensed to AERTWORKS LLC. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted under these Terms.

5. Disclaimers

Our Services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. AERTWORKS LLC does not guarantee that our Services, or any content on it, will always be available or be uninterrupted.

6. Limitation of Liability

To the fullest extent permitted by law, AERTWORKS LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising from or related to your use of our Services.

7. Indemnification

You agree to defend, indemnify, and hold harmless AERTWORKS LLC and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Services.

8. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of State of California without giving effect to any choice or conflict of law provision or rule.

9. Contact Us For any questions about these Terms, please contact us at legal@aertworks.com or by mail at AERTWORKS LLC – Legal; 905 Calle Negocio; POBox 74462; San Clemente, CA 92673