Effective Date: May 11, 2016
IMPORTANT NOTE: These Terms and Conditions for Use of Site contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see the "Disclaimer of Warranties", "Limitation of Liability" and "Arbitration Agreement" sections below for more information.
Purchase of Products
If you make a purchase on this Site, your purchase is also governed by and subject to our Terms & Conditions of Sale. Please review our Terms & Conditions of Sale prior to making a purchase on this Site.
When you use this Site or send emails to us, you are communicating with us electronically. To the extent permitted by applicable anti-spam law, you consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this Site, or through your account on this Site. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
IQAir may make changes to these Terms and Conditions for Use of Site at any time. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account on this Site, we may notify you of material changes via your last known email and/or may ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on this Site. By continuing to use this Site after such notice and/or consent, you are bound by these Terms and Conditions for Use of Site as modified.
Reservation of Rights
We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Site or any portion thereof; (ii) restrict, limit, suspend or terminate any user's access to this Site or any portion thereof; (iii) monitor any user's activities on this Site to verify and ensure that user's compliance with these Terms and Conditions for Use of Site and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms and Conditions for Use of Site or any applicable law and cooperate with authorities in such investigation.
Children and Minors
This Site is not intended for or directed to anyone who has not reached the age of majority in his/her state, province or country of residence. By using this Site, you warrant that you have attained the age of majority. You must have attained the age of majority to create an account, to make a purchase, or to submit User Content (as defined below) on this Site.
Accounts and Passwords
By creating an account on this Site, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.
We do not permit or tolerate any illegal, abusive, harmful or improper use of this Site or any IQAir Content (as defined below). Without limitation to the generality of the foregoing, we specifically prohibit the following:
As used herein, "IQAir Content" means any and all contents and materials provided by IQAir and/or its licensors, including, without limitation, text, editorials, blogs, artwork, graphics, images, photos, videos, audios, music, advertisements, product information and images, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories.
As used herein, "User Content" means any and all contents and materials originated by users, including, without limitation, user reviews and comments, user idea submissions, and user-submitted text, photos, images, artwork, videos, audios, etc., but specifically excluding any IQAir Content.
You own any User Content originated by you, and IQAir does not claim ownership rights in your User Content. However, by submitting User Content to this Site (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:
Right to Remove User Content; No Obligation to Monitor
IQAir reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content that, in our sole judgment, violates these Terms and Conditions for Use of Site or any applicable law, or may expose or subject IQAir to liability of any kind, or may adversely affect the reputation or goodwill of IQAir.
IQAir assumes no responsibility for monitoring this Site for inappropriate User Content or conduct. If at any time IQAir elects to monitor this Site, IQAir nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and assume no responsibility for the conduct of any user.
IQAir DMCA Policy
In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), IQAir will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including removing and disabling access to the allegedly infringing User Content. IQAir also has a policy of terminating, in appropriate circumstances, the accounts of registered users on this Site who are determined to be repeat infringers.
Designated Agent: In compliance with the DMCA, the following is IQAir's Designated Agent to receive notifications of claimed copyright infringement by User Content on this Site:
IQAir North America, Inc.
Attn: Legal Department
14351 Firestone Boulevard
La Mirada, CA 90638
By Telephone: 562-903-7600
By Fax: 562-661-6027
By Email: email@example.com
Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Site, please notify the Designated Agent listed above in writing and provide the following requisite information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
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 the service provider to locate the material;
information reasonably sufficient to permit the service provider 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;
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
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.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Site, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
your physical or electronic signature;
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;
a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of California, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If IQAir receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Interactions between Users
You are solely responsible and assume all risks for any and all interactions with other users of this Site. Other users may not comply with these Terms and Conditions for Use of Site and could post User Content that breaches these Terms and Conditions for Use of Site. You should take care when interacting with other users of this Site.
This Site may include links (including through advertisements displayed) to websites, products and services owned or operated by third parties unaffiliated with IQAir (each, a "Linked Third-Party Site/Product/Service"). Such links do not constitute or imply IQAir's approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. IQAir is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you access and use a Linked Third-Party Site/Product/Service, you are subject to that third party's terms and conditions. Any rights, claims or actions you may have in respect of a Linked Third-Party Site/Product/Service can only be brought directly against the owner or operator of the Linked Third-Party Site/Product/Service. IQAir may receive linking/referral fees, commissions, and/or other payments from the owner or operator of a Linked Third-Party Site/Product/Service, and you will have no right or claim whatsoever with respect to such fees, commissions, and payments.
Linking to IQAir Website
You may link to this Site, but subject to the following conditions:
Sweepstakes, Contests, etc.
IQAir may from time to time conduct sweepstakes, contests, games and other prize promotions on this Site. Participation in such sweepstakes, contests, games and other prize promotions will be subject to IQAir's published official rules.
Use of Software
If you acquire or download any software (including any mobile app) made available by IQAir or any of its licensors or business partners on this Site ("Software"), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:
Product Information and Availability
We aim to display our product information on this Site as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor's or device's display of any color will accurately reflect actual product color or finish. Also, product information displayed on this Site may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we do not guarantee or warrant that all product information and images displayed on this Site will be accurate in all respects.
We do not guarantee or warrant the availability of any product displayed on this Site. We reserve the right, without notice or liability to you, to change, discontinue or stop the offering of any product.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY IQAIR AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL IQAIR AND THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS SITE OR ANY IQAIR CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IQAIR AND THEIR SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH IQAIR AND THEIR SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.
IQAir provides this Site in and from the United States of America. IQAir does not represent or warrant that this Site or any IQAir Content is appropriate or available for use in locations outside the United States of America. If you access this Site from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this Site.
You and IQAir agree that any dispute, claim or controversy arising out of or relating in any way to this Site or these Terms and Conditions for Use of Site, will be resolved by binding arbitration, except that: (1) either you or IQAir may assert claims, if they qualify, in a small claims court; and (2) IQAir may bring a court action solely for injunctive relief to stop unauthorized use or abuse of this Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration or the informal dispute resolution process described in this arbitration agreement. 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. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms and Conditions for Use of Site, the U.S. Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration agreement, and that you and IQAir are each waiving the right to a trial by jury or to participate in a class action. This arbitration agreement will survive termination of these Terms and Conditions for Use of Site and the termination of your relationship with IQAir.
To initiate arbitration, you must first send to IQAir, by certified mail, a written notice of your claim ("Notice") and such Notice to IQAir must be addressed to:
IQAir North America, Inc., Attn: Legal Department, 14351 Firestone Boulevard, La Mirada, CA 90638 ("Notice Address"). If IQAir initiates arbitration, IQAir will provide you with a similar Notice by email to the email address then associated with your account on this Site. A Notice, whether sent by you or by IQAir, must (1) describe the nature and basis of the claim or dispute and (2) set forth the specific relief sought. If IQAir and you do not reach an agreement to resolve the claim or dispute within 30 days after the Notice is received, you or IQAir may commence an arbitration proceeding.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after IQAir receives notice at the Notice Address that you have commenced arbitration, IQAir will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely through the submission of documents to the arbitrator, via telephone or video conferencing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of IQAir's last written settlement offer made before an arbitrator was selected (or if IQAir did not make a settlement offer before an arbitrator was selected), then IQAir will pay you the amount of the award or US$1,000, whichever is greater. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse IQAir for all fees associated with the arbitration that IQAir paid on your behalf which you otherwise would be obligated to pay under the AAA Rules. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND IQAIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IQAir agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
IQAir will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
You acknowledge and agree that IQAir may at any time, without giving you notice or seeking your consent, transfer and assign all personal information, User Content and associated rights and licenses that IQAir has obtained from you as well as all agreements IQAir has made with you in connection with your use of this Site, to (i) an affiliate or (ii) a third party that acquires or merges with IQAir or to which IQAir sells or otherwise transfers its business or assets (including this Site).
If any provision contained in these Terms and Conditions for Use of Site is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms and Conditions for Use of Site will not be affected and shall remain in full force and effect.
A failure by IQAir to exercise or enforce any right or provision under these Terms and Conditions for Use of Site will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms and Conditions for Use of Site will only be effective if it is in writing and signed by an officer of IQAir.
To contact us, please use the information below:
IQAir North America, Inc.
Attention: Sales Department