Effective Date: March 15th, 2019
Customer Information Collection
Customer Information Use
Customer Opt-Out Process
Customer Information Sharing
Customer Social Media Information Sharing
Customer Data Security
Customer Information Choices
Third Party Customer Information, Analytics, Advertising and Electronic Communication Services
How To Contact Us
Customer Information Collection
Customer Information You Willingly Provide to Airwirl.
We collect information you provide electronically, by email, by phone or by mail to Airwirl. For example, we collect information when you register to view Airwirl products, to shop online and access any of our online production information and internet services; including to make a purchase, sign up for or participate in Airwirl product promotions, product surveys, mailing lists, promotional events, and promotional activities; or when you engage with us via social media platforms; or when you email, call, or otherwise communicate with us directly or indirectly.
The types of electronic customer information we may collect may include your name, address, phone number, fax number, email address, ZIP code, product photos and videos, social media usernames, encrypted payment information, customer demographic information, information about your product use, product interests and preferences, and any other information you choose to provide. In some cases, we may also collect customer information you provide about others, such as when you purchase a gift card for someone other than yourself and request that we deliver it electronically or by mail, and or ship products to someone, or create and share a gift registry for someone other than yourself.
Customer Information We May Collect Automatically
We may also automatically collect customer information about you when you access or use the Services or transact business with us, including:
Information Transactions: When you register to purchase or return an Airwirl product or register for promotional events with Airwirl, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
When You Login Into Our Websites: We obtain information about your use of our websites, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our services.
Devices Used To Login Into Airwirl Services: We collect information about the computer or mobile device you use to access our services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behaving.
Login Device Location Tracking: We may collect information about the precise location of your device when you consent to the collection of this information. For more details, please see “Your Choices” below. We may also collect information about your approximate location each time you access our services.
We Collect Customer Information from Other Resources.
We may also receive customer information about you from other public information resources and combine or link this information with information we may have already identified or collected about you via our services.
For example, we may collect demographic and change-of-address information from third party sources and information form third party social media platforms (such as Facebook) if you log into our Services using your social media account credentials or if you make certain content and customer information publicly available, such as videos, photos, and customer profile information.
Customer Information Use
We use the information we collect about you for a variety of purposes, for example, to:
facilitate and improve our online shopping experience and services with customers;
administer special offers with customers;
provide and deliver products and services, process transactions, and send you related information, including confirmations, receipts, invoices, and recall notices to Airwirl customers;
provide, maintain, and improve the Services, manage customer online accounts, and send you technical notices, updates, security alerts, and support and administrative messages from time to time;
investigate and prevent alleged fraudulent transactions and other illegal activities on our sites;
respond to customer comments and questions and provide customer service;
communicate with customers about Airwirl and partner products, services, offers, contests, promotions, rewards, surveys, news, upcoming events, and other information we think will be of interest to customers (for information about how to manage promotional communications, please see “Your Choices” below);
monitor and analyze purchase trends, usage and activities;
personalize the Services and provide advertisements, content, or features that are targeted toward customer interests;
process and deliver contest, rewards, and promotional entries;
link or combine with other information we receive from third parties to help understand customer needs and provide customers with better service; and
carry out any other purpose conveyed to our customers at the time the information is collected.
Airwirl LLC is located in the United States and the information we collect is governed by U.S. and Florida State laws. By accessing or using our services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Customer Opt-Out Process
If you do not want your Personal Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at CustomerService@Airwirl.com. Please note that if you opt out in this manner, certain aspects of the Service may no longer be available to you. Principles for Online Behavioral Advertising. The DAA’s opt-out tool can be found at http://www.aboutads.info/choices/.
Customer Information Sharing
with third parties who complete transactions or perform services on our behalf;
we may make our postal mailing list and general shopping information available to selected companies we believe may offer products and services of interest to you;
when you sign up for and participate in the interactive areas of our Services, certain information about you may be displayed publicly on our Services and on third-party sites, such as your photos, videos, stories, posts, product reviews, product questions and answers, wish lists and other information you choose to provide;
in connecting with, or during negotiations of, a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company, joint venture, corporate reorganization, insolvency or bankruptcy, financing or sale of company assets;
in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
between and among Airwirl LLC current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
With your consent and acknowledged approval by you for Airwirl to share such collected customer data and provided information shared on our sites.
We may also share aggregated or de-identified customer user data information, which cannot reasonably be used to identify you.
Customer Social Media Information Sharing
Airwirl Services may also include social sharing features or other integrated electronic means, which let you share actions you take on the Services with other media, and vice versa. The use of such features may enable the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.
Customer Data Security
Airwirl takes reasonable measures, including administrative, technical, and physical safeguards, to help protect customer data and information about you from unauthorized access, disclosure, alteration, loss, theft, misuse, and destruction as reasonable best efforts can be applied.
Customer Information Choices
Personal information. You may update or correct your Airwirl online registration information by calling Airwirl Customer Service at (561) 323-4561 or by contacting us via email at , or by direct mail to the address enclosed herein.
Promotional Activities. You may opt out of receiving promotional activities and communications from Airwirl by following the instructions in those communications or changing your preferences where noted in such promotional activities communications. If you opt out of receiving promotional activities communications, we may still send you non-promotional emails, such as emails about your purchases, or our ongoing business relations if we determine to be necessary.
Login Device Location Activities. The settings of your Internet browser or mobile device may allow you to stop sharing your precise location with Airwirl or others. You can also stop our collection of location information in connection with our mobile applications by following the standard uninstall process and removing all Airwirl applications from your mobile device.
Mobile Devices Notifications/Alerts. With your consent, we may send promotional and non-promotional electronic message notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Third Party Customer Information Analytics, Advertising, and Electronic Communication Services
We may also work with third parties to serve ads to you as part of a customized customer campaign on third-party platforms (such as Facebook or Google). As part of these ad campaigns, we may convert customer information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your purchase interests and to send ads that may be customized to your product or activity interests.
Please note that any third-party platforms may offer you choices about whether you would like to receive these types ads or product messages.
Airwirl may also participate in the Adobe Marketing Cloud Device Co-op to better understand how you use our Services across the various devices you use, and to deliver tailored promotions. Learn more about how Adobe does this by visiting www.adobe.com and how you may opt out of this program.
California Privacy Rights If Applicable To You
California law permits residents of California to request certain details about how their online, electronic and other personal information is shared with third parties for their own direct marketing purposes.
However, under the law, a business is not required to provide this information if it permits California residents to opt in to, or opt out of, this type of data information sharing online, and or electronically collected. Airwirl qualifies for this alternative option. To opt out of having your information shared with third parties for their own direct marketing purposes, please call Airwirl Customer Service at (561) 323-4561 or email us at CustomerService@Airwirl.com.
How To Contact Us
ATTN: Customer Service
1224 U.S. Highway 1, Suite H
North Palm Beach, FL 33408
Effective Date: March 15th, 2019
DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS INCLUDED HEREIN.
If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and Airwirl LLC for its violations of these Terms.
If you have any comments, questions or concerns regarding the use of the Airwirl website, please contact Airwirl’s Customer Service by email, or by phone. All comments, questions or concerns may be directed to Customer Service by emailing us at or by calling 1-561-323-4561 (M-F 10AM-5PM EST).
These Terms are separated into two sections (Part One/Part Two). Part One applies to all users, and Part Two only applies to those who make a site purchase with Airwirl.
Part One - Terms For All Site Users
2. Online Registration and Age Eligibility Requirements
Airwirl Sites are not targeted towards, nor intended for use by anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register on Airwirl Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) you are not using a false or alias name and © that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
When registering on Airwirl.com or any Sites you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademarks rights, to those trademark screen names used inappropriately.
In consideration of your use of the Airwirl Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your Airwirl Registration information; (c) maintain the security of your Airwirl credentials; (d) not share your Airwirl credentials with others; and (e) promptly notify Airwirl if you discover or otherwise suspect any security breaches related to the Sites.
3. Ownership and Access To Use Airwirl Site Content
Unless otherwise indicated on our Airwirl Sites, the Sites and all content and materials therein, including but not limited to the Airwirl logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Airwirl or our affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, non exclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use.
Such limited and restricted license is subject to these Terms and excludes: (a) any resale of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or an information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of Airwirl, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
If you believe that anything on the Airwirl website infringes upon any copyright which you own or control, you may file a notification of such infringement by mail at the address listed below, or by email to CustomerService@Airwirl.com.
ATTN: Legal Department
1224 U.S. Highway 1, Suite H
North Palm Beach, FL, 33408
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by use or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give you notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.
5. Airwirl Trademarks
“Airwirl” ; “Airwirl Shield Logo” ; “Airwirl Air Wisp Logo” ; “Airwirl Airwarmers” and other product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of Airwirl and our affiliates or subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Airwirl or the applicable trademark holder.
You may not use any electronic tags or any other “hidden text” utilizing “Airwirl” or Airwirl trademark, product or service name of Airwirl without the company’s prior written and accepted permission. In addition, the look and feel of the Sites, including custom graphics, button icons, copy service marks, trademarks and/or trade dress of Airwirl and may not be copied, imitated or used whole or in part, without Airwirl prior written and dated permission. All other non-Airwirl owned trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners.
Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Airwirl.
If you believe that anything on the Sites infringes upon any trademarks which you own or control, you may file a notification of such infringement with Airwirl Customer Service.
6. U.S. and International Design and Utility Patents
One or more U.S. and international design and or utility patents may apply to the items identified on the Sites and also apply to the features and services accessible via the Sites, including without limitation any U.S. Patents and International Patents, and all corresponding foreign counterparts owned or licensed by Airwirl LLC.
7. Limited, Non-Exclusive Text Hyperlink Rights
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Airwirl or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Airwirl logo or other proprietary graphic of Airwirl to link to the Sites without the express written and dated permission of Airwirl. Further, you may not use, frame or utilize framing techniques to enclose any Airwirl service name, trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Airwirl’s express written and dated consent.
Airwirl makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Airwirl and Airwirl may provide these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by Airwirl of any site or any information contained therein. When you leave the Airwirl Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
8. Interactive Social Media and User Forums, Blog(s) Activities
The Sites may include discussion forums, blogs, profiles, product reviews or other interactive media features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any media content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include Airwirl.com registration information or information that you submit in order to make an online or direct phone order or purchase. You agree that you are solely responsible for your User Content and for your use of such Airwirl Interactive Areas, and that you use the Airwirl Interactive Areas at your own risk.
By using any Electronic Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites an of the following:
Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
Any User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
Any User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Airwirl or an user or consumer or that is contrary to any Directions For Use, instructions or warnings relating to an Airwirl product(s)
Any User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
Any User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
Any User Content that does not clearly and prominently disclose any material connections you may have to Airwirl or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
Any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Any Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
Any User Content that, in the sole judgment of Airwirl, restricts or inhibits any other person from using or enjoying the Sites or which may expose Airwirl or our users to any harm or liability of any type.
Airwirl encourages our site users to report any User Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Sites or, for content that infringes copyright or trademark rights by following the instructions in Sections 4 and 5 of Part One of these Terms). Enforcement of the Terms however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances.
In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by such Terms. Although Airwirl has no obligation to screen, edit or monitor any User Content posted on the Sites, Airwirl reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time, and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use any Airwirl Interactive Areas and/or Airwirl Sites.
9. User Content Rights and Ownership
Except as otherwise provided herein, on the Sites or in a separate agreement with us (such as the rules for submitting a photo), Airwirl claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant Airwirl and our subsidiaries and affiliates a nonexclusive, royalty-free, world-wide, perpetual, irrevocable transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of the Sites the right to access your User Content in connection with their use of the Sites. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting any User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Airwirl that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, any other applicable Airwirl terms, guidelines or policies or any applicable law, rule or regulation.
10. Airwirl Product Reviews
We may provide specific opportunities for you to tell Airwirl or Sites users what you think about our products or services (“Product Reviews”). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Airwirl does not endorse or approve any such reviews or have any responsibility for the accuracy, appropriateness or content of such reviews.
11. New Product, Ideas, Site Recommendations and or User Feedback Ideas
Separate and apart from User Content, you have the ability to disclose non-confidential questions, comments, suggestions, reviews, product and marketing ideas, new ideas, plans, new product designs, notes, proposals, drawings, original or creative materials and other information regarding the Sites, Airwirl and our products or services (collectively “Feedback”). You agree that your Feedback is non-confidential and shall become the sole property of Airwirl. Airwirl shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to unrestricted use and dissemination of the non-confidential Feedback provided to Airwirl for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; Any submitted non-confidential Feedback idea(s) may be good, but Airwirl may have already determined the same design or new product concept, product improvement idea or a similar idea opportunity prior to or any feedback provided to the company, based on its own in-house experience.
12. Site User Conduct Policy Requirements
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort and that you are solely responsible for your User Conduct while accessing or using the Sites. You also agree to abide by Airwirl Site Policy and that you will not:
Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by Airwirl to access the Sites or to extract data;
Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Use or attempt to use another’s account without authorization;
Attempt to circumvent any content filtering techniques Airwirl may employ or access any service or area of the Sites that you are not authorized to access;
Engage in any harassing, intimidating, predatory or stalking conduct;
Develop any third-party applications that interact with User Content and our Sites;
Interfere with or damage the operation of the Sites or introduce to the Sites or its users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
“Frame” our Sites or otherwise make it look like you have a relationship to Airwirl or that Airwirl has endorsed you for any purpose.
Airwirl has no obligation to monitor any user conduct on the Sites, and Airwirl reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. Airwirl does not approve or endorse any user-posted meetings or events referenced on the Sites ad Airwirl recommends exercising user caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
13. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create an obligations or liability of a party to any such third party.
14. Indemnification By You
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Airwirl and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Airwirl, the “Airwirl Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify the Airwirl Parties of any third party Claims, cooperate with the Airwirl Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the Airwirl Parties shall have control of the defense or settlement of any third party Claims.
15. Airwirl Disclaimers, Warranties, Course of Performance, Accuracy Information
Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. AIRWIRL DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE; COURSE OF DEALING OR COURSE OF PERFORMANCE.
Airwirl does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free.
Airwirl does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.
The Site Content, including, but not limited to, Airwirl videos and “User Advice” articles, is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered by use of our products.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AIRWIRL PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE COMPLETE SITE, YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE COMPLETE SITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AN AIRWIRL PARTY’S RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AIRWIRL PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AIRWIRL FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION 16 WILL NOT LIMIT OR EXCLUDE THE AIRWIRL PARTIES’ LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
17. Modification and Discontinuation of Airwirl Sites Features
Airwirl reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.
18. Applicable U.S. and State Law Jurisdiction
THESE TERMS AND YOUR USE OF THE SITES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF FLORIDA, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN PALM BEACH COUNTY, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.
You may terminate the Terms at any time by discontinuing use and closing out your Airwirl Registration, discontinuing your use of the Airwirl Sites and providing Airwirl with a written and dated notice of your desire to terminate use of our sites. Airwirl reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.
20. Severability and Enforceability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable form these Terms and shall not affect the validity and enforceability of any remaining provisions.
Part Two - Terms For Site Users Making Airwirl Purchases
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.
1. Pricing and Availability
Airwirl product prices are shown in U.S. dollars (except where otherwise noted) state or local taxes, shipping cost and handling charges are additional expense to any product prices provided or quoted. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the applicable invoice(s). Several factors may cause variances between processor programs and changes in corresponding state tax rates.
Many Airwirl products displayed on our Sites may also be available in various retail stores or online retail store sites while supplies last, but you should not assume that any advertised price seen on these online retail sites may not match those prices offered on Airwirl Sites, or those offered in any retail store, and or other online retail sites.
Prices displayed on the Sites may also vary in both domestic U.S. and International advertised prices for Airwirl Products.
2. Order Processing Errors
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, or on an order confirmation, in processing of an order, or deliver information or product availability, or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
3. Out-of-Stock Items; Backorders
If the color or size you want is not listed or blocked out graphically in the “Select Your Color/Size” drop-down menu on the Airwirl Product Information Page, it may not be available for ordering. If the color or size you want is not available to purchase at that time, it is likely on backorder. Sometimes we will not know in advance that product is unavailable, so when you place items in our Shopping Cart you may be asked if you like to backorder that item at the time of ordering. If you indicate yes, the corresponding item will be shipped to you at a later date, once it becomes available. Note that some items may be backordered or unavailable even if the Sites indicate that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. If a backordered item becomes no longer available, or discontinued, we will cancel item from your order and notify you, usually via email. If you have items on backorder that you would like to cancel, please contact Airwirl Customer Service at CustomerService@Airwirl.com.
4. Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral telephone conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of any order transaction and any other offer to purchase disclosure that we may be required to provide to you.
5. Shipping & Handling
When we ship to you per your directions, you agree to pay the shipping and any handling charges quoted during a phone order, or as shown on the Sites when our order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, therefore you agree to check all charges before placing an order or signing up for a Service. Generally, shipping is quoted by standard ground delivery or express delivery at additional expense, unless otherwise requested by the purchaser and therefore may be added as an additional cost to the invoiced amount at the time the order is placed. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Sites are estimates only - actual delivery dates may vary.
YOU AGREE THAT YOU WILL NOT OBTAIN ANY AIRWIRL PRODUCTS OR DIRECT SHIPMENT OF ANY AIRWIRL PRODUCT FOR EXPORT. YOU AGREE THAT NO EXPORT OF AIRWIRL PRODUCTS WILL BE MADE BY YOU OR YOUR EMPLOYMENT COMPANY FOLLOWING PURCHASE OF AIRWIRL PRODUCTS.
6. Payment and Credit for Refunds
Only valid credit cards or other payment method acceptable to Airwirl may be used. Any refund will be credited to the same card or, in our discretion, by another method; including, but not limited to gift card, a check or merchandise credit. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping costs, special handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all payment cards or other payment method information current and that Airwirl may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any payment problem Airwirl may encounter in order to process and ship your order.
If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is no longer in effect when the return is made, we may offer only a merchandise credit. After we have received your valid return, accompanied with a corresponding Airwirl Return Goods Authorization Number, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate for the return goods circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including without limitation, credit based on either the price paid, or the current suggested retail or current sale price.
7. Airwirl Products 45 Day Limited Warranty, Returns and Exchanges
If you believe a product sold by Airwirl has a condition or defect please report this concern immediately by contacting Airwirl Customer Service by email (CustomerService@Airwirl.com) or by phone (1-561-323-4561); or fax (1-561-323-4561).
Important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Airwirl warrants that Airwirl branded products will be free from defects in materials and workmanship at the time of sale for up to 45 days from date of shipping. Damage or malfunctions caused by shipping, normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of God, or other causes external to the product, will not be covered by the, Airwirl 45 Day Limited Warranty.
Airwirl makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade. Products eligible for warranty return may be returned for an equal exchange, replacement, merchandise credit, or credit refund in accordance with Airwirl’s returns and exchanges policy.
This 45 Day Limited Warranty gives you specific legal rights, and you may have other rights, which vary from State to State;
What This Limited Warranty Covers; Period of Coverage; This Limited Warranty applies to the Airwirl Personal Cooling and Heating System (“Product”) manufactured and distributed by Airwirl, LLC. All “other” Airwirl products are excluded from this 45 Day Limited Warranty. Airwirl warrants the Product to be free from defects in materials and workmanship for a period of forty-five (45) days from the date of original purchase (the “Warranty Period”). If the Product fails to conform to the Limited Warranty during the Warranty Period, Airwirl, LLC. will, at its sole discretion, accept the return of the product and either replace the returned product for the same or equivalent new product at no charge or refund the money actually paid by purchaser for the product. If the Product is no longer available, replacement may be made with a similar product of equal or greater value, at Airwirl’s sole discretion. This is your sole and exclusive remedy for breach of this warranty. Any Product that has been replaced under this Limited Warranty will have warranty coverage for the longer of forty-five (45) days or the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
Warranty Conditions; How to Get Service If you believe the Product may be defective, you may contact Airwirl by email at CustomerService@Airwirl.com. Airwirl’s warranty obligations are conditioned on the owner (a) notifying Airwirl Customer Service during the Warranty Period and providing a description of the alleged failure, and (b) complying with Airwirl’s return shipping instructions, and (c) shipping the Product back to Airwirl, LLC, at owner’s expense for repair or replacement. Unless otherwise specified herein, Airwirl will bear shipping costs of replacement item back to owner. Airwirl, LLC. will have no warranty obligations with respect to a returned Product, including but not limited to costs of return shipping to owner, if Airwirl, LLC. determines, in its sole discretion after examination of the returned Product, that this Limited Warranty does not apply to the returned Product for any of the reasons set forth in Section 3 below.
What This Limited Warranty Does Not Cover; This Limited Warranty does not cover any of the following: A) Damage to any Product which any identifying marking have been removed or made illegible; B) Damage caused by any modifications, alterations, tampering, or improper maintenance to the Product; C) Damage resulting from improper handling, storage, installation, or use of the Product which is not in accordance with Airwirl, LLC. Directions For Use, Warnings and Cautions. D) Damage caused by abuse, misuse, poor maintenance, or failure to maintain the Product, as determined by Airwirl, LLC. in its discretion; or E) Freight damage. Except as stated above in this limited warranty , and to the maximum extent permitted by applicable law, Airwirl, LLC. disclaims all express, implied, and statutory warranties with respect to the Product, including the implied warranties of merchantability and fitness for a particular purpose. Airwirl also limits the duration of any implied warranties to the duration of this limited warranty
Limitation of Damages; In addition to the above warranty disclaimers, in no event will Airwirl be liable for any consequential, incidental, exemplary, or special damages, or personal injury claims from inappropriate use, abuse, or use in a manner not recommended by the directions for use, warnings and cautions, including any damages for lost profits arising from or related to this limited warranty or the product. Airwirl’s total cumulative liability arising from or related to this limited warranty or the product will not exceed the amount actually paid for the product by the original purchaser, including any damages for lost profits, arising from or relating to this limited warranty. Airwirl’s total cumulative liability arising from or related to this limited warranty or the product will not exceed the amount actually paid for the product by the original purchaser.
8. Complaints and Legal Notices
All complaints and legal notices should be mailed to;
ATTN: Legal Department
1224 U.S. Highway 1, Suite H
North Palm Beach, FL 33408
If a law requires us to accept legal notices via email, please call Airwirl’s Customer Service directly at 1-561-323-4561 to ask for the most appropriate email address intended for the receipt of such legal notice. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted directly at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.