These terms (“Terms”) are a legal agreement between you and VironAire Inc. and its direct and indirect subsidiaries and agents (“VironAire”). The Terms control your use and access to VironAire’s websites and online information (the “Sites” or “Site”). By using VironAire’s Sites, you agree to these Terms. VironAire may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Site.
License Disclaimer and Use Restrictions
Nothing on any VironAire Site gives you any license under any VironAire or third party intellectual property rights. All intellectual property rights in this Site belong to VironAire or other parties that licensed their material to VironAire. Subject to these Terms, VironAire grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“VironAire Content”). This limited license is only for your personal, noncommercial use. You must keep VironAire’s proprietary notices on any copies you make of VironAire Content. Unauthorized use of VironAire Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to VironAire for your unauthorized use of VironAire Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any VironAire Content in your possession or control. Other than as stated above, you must not:
• change, alter, copy, distribute, republish, download, display, post, or send the VironAire Content in any form or by any means without VironAire’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific VironAire Content;
• use the Site or VironAire Content for any purpose that is unlawful or prohibited by these Terms;
• use the Site to solicit any activity that is illegal or may infringe upon the rights of others;
• “mirror” or “frame” any VironAire Content on any other device without VironAire’s written permission;
• use the VironAire Content to benchmark any VironAire Content against any other person’s or entity’s products, services or information; or
• use the VironAire Logo or any other VironAire trademark as a "hot" link to any part of the Site unless VironAire approves that use in writing.
Copyright law protects all VironAire Content.
Trademark law protects all VironAire Content.
VironAire’s Privacy applies to your use of the Site and is part of these Terms. Please review VironAire’s Privacy Statement and related information about your privacy and VironAire’s use of your information. You acknowledge and agree that you are responsible for:
• protecting any account and password information applicable to your use of the Site;
• restricting the use and access to your computer, smartphone, or other device used to access the Site; and
• any activity that occurs under your account due to your failure to protect such information.
When you use the Site, you are communicating with VironAire. You agree to receive electronic communications related to your use of the Site. VironAire may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. VironAire may provide notices to you via email or by posts on the Site, and those notices are effective on the date that VironAire sends or posts them.
All VironAire Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.
You agree that you take full responsibility for your use of the Site. VironAire provides the Site and all VironAire Content on an “as is” and “as available” basis. Specifically, VironAire:
• makes no representation or warranty of any kind;
• disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and
• does not guarantee that the Site and VironAire Content will be free of errors or defects.
THE SITE IS OPERATED BY VIRONAIRE ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRONAIRE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR SITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. VIRONAIRE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR SITE. YOUR USE OF OUR SITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER VIRONAIRE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR SITE, THE DELAY OR INABILITY TO USE OUR SITE OR OTHERWISE ARISING IN CONNECTION WITH OUR SITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL VIRONAIRE’s LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO VIRONAIRE FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, VIRONAIRE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
You agree to indemnify, defend, and hold VironAire and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.
• These Terms do not create any legal relationship between you and VironAire.
• VironAire’s failure to enforce a right does not mean that VironAire has waived that right.
• If a court or other tribunal finds any provision of these Terms unenforceable, VironAire will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
• Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
• VironAire may assign its rights under these Terms, but you may not do so.
• These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between VironAire and you about your use of this Site.
• Headings are for reference only.
• These Terms supersede any prior agreements with VironAire about using this Site and its content.
• VironAire’s direct and indirect subsidiaries are third party beneficiaries of these Terms.
Governing Law; Dispute Resolution
You agree that the laws of the state of California will govern any claim or dispute relating to these Terms, the Site, VironAire Content, your access to and use of the Site, or any combination of these items (the “Dispute”), without regard to California conflicts of laws principles. You agree to submit to, and waive any objection to, the personal and exclusive jurisdiction of and venue in the federal and state courts located within Riverside County, California . Before you or VironAire file any lawsuit regarding a Dispute, you and VironAire will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and VironAire will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.
VironAire owns this Site. If you have a question or complaint about the Site, please contact us. If you have a question about VironAire’s collection or use of personal information, please see VironAire’s Privacy. California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Terms last revised: 10 July 2020