PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS BEFORE PLACING AN ORDER ONLINE, OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE. This website is owned and operated by AirDoctor, LLC and its affiliates (collectively referred to as “the Company”, “us”, “we” or “our”). These Terms of Use, along with any amendments or supplements, and our Privacy Policy (collectively, the “Agreement”), form a legally binding agreement between you and the Company. This Agreement governs your access to and use of any Company website, any orders placed through a Company website or by telephone, and your use of our products and services (collectively, “Your Use”).
By using the Website, you consent to be bound by this Agreement, which will be enforceable as though you had signed it. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, PLACE AN ORDER, OR USE A COMPANY PRODUCT.
ARBITRATION AGREEMENT
While disputes with our valued customers are rare, in the unlikely event of a dispute, we have established this Arbitration Agreement. PLEASE READ THIS AGREEMENT CAREFULLY. By retaining the product(s) shipped to you for more than thirty (30) days after receipt, you accept the terms of this Agreement. If you do not agree to the terms, you may return the product within thirty (30) days for a full refund. This Arbitration Agreement affects your legal rights by requiring disputes to be resolved through binding arbitration rather than in court. Furthermore, disputes cannot be resolved in a class action or representative action.
RESOLUTION OF CLAIMS OR DISPUTES
Any claim or dispute between you and the Company arising out of or related to the product or this Agreement will be resolved through binding arbitration. This obligation applies regardless of whether the dispute involves tort, fraud, product liability, or any other legal theory. Both parties waive the right to bring lawsuits in court based on these claims or disputes.
LIMITATION OF LEGAL REMEDIES
All arbitrations under this Agreement will be conducted individually, and no class-wide relief will be awarded. Neither party can initiate or participate in a class or representative arbitration.
ARBITRATION PROCEDURES
a. If you have a dispute, we strongly encourage you to contact the Company to resolve the issue before initiating arbitration.
b. Arbitration will follow the JAMS Comprehensive Arbitration Rules and Procedures, as they exist at the time you receive the product.
c. Arbitration will take place in California or at a location where you received the product. For claims of $10,000 or less, you can choose to have arbitration conducted in person, by phone, or based on written submissions.
d. The Company will cover arbitration costs, including fees for the arbitrator’s services, but you will be responsible for your own legal fees unless specified by law.
CHOICE OF LAW
The arbitration provisions of this Agreement are governed by the Federal Arbitration Act. This Agreement is governed by and construed in accordance with California law, exclusive of conflict of law rules.
SEVERABILITY
If any provision of this Agreement is found to be unlawful or unenforceable, it will be ineffective to that extent, but the rest of the Agreement remains fully enforceable.
ELIGIBILITY
You must be at least 18 years old to use the website or have the legal authority to enter into a binding contract. The Website is not intended for children under 13. By using the Website, you confirm that you are at least 13 years old.
USER-GENERATED CONTENT
You may upload content such as photographs, comments, reviews, and other communications to the Website (“Your Content”). By submitting content, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, and distribute that content globally. You represent that you own or control the rights to Your Content and that it does not infringe on any rights or cause harm.
USER CONDUCT
You agree to use the Website only for lawful purposes and in a manner that does not infringe upon the rights of others. You may not:
Copy, modify, or sell content retrieved from the Website.
Disrupt or interfere with the security or enjoyment of the Website.
Upload harmful files, use false identities, or attempt to gain unauthorized access to restricted parts of the Website.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
The content available on the Website, including text, graphics, software, and videos, is protected by copyright and other intellectual property laws. You are granted a limited license to view, copy, and print content for personal, non-commercial use. Except for this limited license, no other rights are granted to you under this Agreement.
DISCLAIMER REGARDING INFORMATION PROVIDED ON THE WEBSITE
The information on the Website is not intended as medical or healthcare advice and should not be used as a substitute for professional medical guidance. Always consult a healthcare provider before starting any new treatment.
DISCLAIMER OF WARRANTIES
The Website is provided “as is” without any warranties, express or implied. The Company does not guarantee that the Website will meet your requirements or be error-free, and we are not responsible for any damages resulting from the use of the Website.