Terms of Use
1. Introduction
1.1. These Terms of Use (these “Terms”) explain how you may use this website ("Site"). References in these Terms to the Site includes the following website: shop.airboss.com and all associated web pages. You should read these Terms carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the Site immediately. This Site is intended for and directed to residents of Canada and the United States who are 18 years of age or older. If you have any questions about this website, please contact support@adg.com.
2. Definitions
2.1. "Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
2.2. "We", "Us" or "Our" means ADG Enterprises, LLC.
2.3. "You" or "Your" means the person accessing or using the Site or its Content.
3. Privacy Policy
3.1. These Terms include our Privacy Policy https://shop.airboss.com/policies/privacy-policy, which forms part of these Terms. These Terms may also be supplemented or replaced by additional terms ("Additional Terms") relating to specific Content, goods or services made available or supplied by us using the Site. Any applicable Additional Terms will be presented on the relevant pages of the Site and, where required, will be made available for your review and acceptance before you place an order. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will control with respect to the specific content, goods, or services to which they apply.
4. Restrictions On Use
4.1. The Site is for your personal, non-commercial use only, other than for evaluating products or services. As a condition of using the Site, you agree that you will not:
4.1.1. use the Site for any purpose that is unlawful under applicable law or prohibited by these Terms and conditions;
4.1.2. post, transmit or otherwise make available through the Site any material which is defamatory, obscene, offensive, derogatory or otherwise inappropriate, or that could bring us or any third party into disrepute or causes us to incur legal liability;
4.1.3. copy, reproduce, distribute, publicly display, modify, create derivative works from, reverse engineer, decompile, or otherwise exploit the Site or its Content, except as expressly permitted by us or by applicable law;
4.1.4. introduce viruses, malware, or any other harmful code into the Site;
4.1.5. represent, misrepresent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
4.1.6. that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential; or
4.1.7. attempt to gain unauthorized access to any part of the Site, its systems, or related networks.
4.2. You are solely responsible for all costs and expenses you may incur in connection with your use of the Site. You are also responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.
4.3. We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.
5. Ownership, Use and Intellectual Property Rights
5.1. This Site and all intellectual property rights in the Site and its Content are owned by us or our licensors. Intellectual property rights include, without limitation, copyrights, trademarks, domain names, design rights, database rights, patents, and all other rights of any kind, whether registered or unregistered, anywhere in the world. All such rights are reserved.
5.2. Nothing in these Terms grants you any rights in the Site or its Content other than the limited right to access and use the Site in accordance with these Terms. You agree not to remove, alter, or circumvent any intellectual property notices, digital rights management, or security features contained in or protecting the Site or its Content.
5.3. The use or misuse of trademarks, logos or other Content on the Site, except as expressly permitted by these Terms, is strictly prohibited. Nothing contained on the Site shall be interpreted as granting, by implication, estoppel or otherwise, any licence or right to use any trademark, logo or other Content on the Site without our prior written permission.
5.4. We actively enforce our intellectual property rights to the fullest extent permitted by law. This includes, without limitation, the right to seek injunctive relief, damages, and any other remedies available under applicable law in the United States, Canada, or other jurisdictions.
6. Submitting Information to the Site
6.1. The Site is not designed as a secure method of communication and any information you provide through the Site may not be treated as confidential. For that reason, you should not submit or send to us any confidential, proprietary, or commercially sensitive information, including but limited to patentable ideas or patent applications, product designs, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions.
6.2. By submitting any information, feedback, or material to us through the Site (including any Unwanted Submission), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and freely transferable license (with the right to sublicense) to use, reproduce, distribute, adapt, publish, display, and otherwise exploit such material in any form and through any media, subject to our Privacy Policy, for any lawful purpose related to our business. You retain ownership of your material, but we are under no obligation to treat any submission as confidential or to compensate you for its use
6.3. Where the Site enables you to communicate with us or with other users, you agree not to use the Site to transmit harmful, offensive, violent, obscene, discriminatory, defamatory or otherwise illegal or inappropriate communications or material which might bring us or the Site into disrepute. We reserve the right (but have no obligation) to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site at our sole discretion. We assume no responsibility or liability for content posted by users or third parties, including any errors, omissions, or unlawful material.
7. Accuracy of Information and Availability of the Site
7.1. We use reasonable efforts to provide accurate and up-to-date information on the Site. We do not represent or warrant (whether expressly or by implication) that any Content will be accurate, complete, current, error-free or fit or suitable for any purpose. The Content is provided for general informational purposes only to help you learn about us, our products, and related news or services. It does not constitute technical, financial, legal, or other professional advice, and should not be relied upon as such. Any reliance you place on the Content is at your own risk. We may suspend, withdraw, or restrict the availability of all or any part of the Site at any time, at our sole discretion. Nothing in these Terms affects your statutory rights that cannot be excluded or limited under applicable law.
7.2. While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way that the Site will be available at all times, uninterrupted, or free from errors, defects or security issues.
8. Hyperlinks and Third-Party Sites
8.1. The Site may contain hyperlinks or references to third-party websites, services or content. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites, services or content and accept no responsibility or liability for any content, material, practices or information contained in them. The inclusion of any hyperlink or reference to any third-party website, service or content does not constitute or imply an endorsement of such third party's website, services or content. Your use of a third-party site may be governed by the terms and conditions of that third-party site, which you are responsible for reviewing.
9. Warranties and Limitation of Liability
9.1. The Site and its Contents are provided on an “as is” and "as available" basis. Except as otherwise expressly required by applicable law, we make no representations, warranties, conditions, guarantees or other terms of any kind, whether express or implied, in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose, title, or non-infringement.
9.2. To the maximum extent permitted by law, we disclaim all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any errors, inaccuracies or omissions in any Content, for the unavailability or interruption of the Site for any reason, for any representation or statement made on the Site, and for any reliance you place on information provided through the Site.
9.3. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, profits, business, goodwill, or data, whether arising in contract, tort, or otherwise, even if we could reasonably have foreseen such losses. We are also not responsible for the acts or omissions of third parties, including other users of the Site.
9.4. Our total aggregate liability to you for all claims arising out of or relating to your use of the Site or its Content shall not exceed the greater of: (a) the amounts, if any, you paid to us in connection with your use of the Site during the twelve (12) months prior to the event giving rise to the claim; or (b) one thousand U.S. dollars (USD $1,000).
9.5. Notwithstanding any other provision of these Terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation or for any other liability that cannot lawfully be excluded or limited under applicable law.
9.6. Any exclusions and limitations of liability in these Terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and to any rights you may have under applicable consumer protection laws that cannot be waived or limited.
10. Indemnification
10.1. You shall indemnify, hold harmless, and, at our option, defend our and our affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by us resulting from any third-party claim, suit, action, or proceeding relating to or arising from your use of the our Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Services or any of its features. You further agree that we shall have control of the defense or settlement of any third-party claims unless we exercise our option to require you to defend us. You may not settle any such Losses without our prior written consent. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
11. General
11.1. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms and conditions from time to time to verify such variations.
11.2. Unless otherwise expressly stated in these Terms and conditions, all notices from you to us must be in writing and sent to our contact address at support@adg.com. Notices from us to you may be provided by email and/or by posting on the Site, to the extent permitted by applicable law.
11.3. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11.4. If any part of these Terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
11.5. These Terms and conditions (together with the Privacy Policy and any applicable Additional Terms) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
11.6. You may not assign, sublicense or otherwise transfer any of your rights and obligations in these Terms to any other person.
11.7. These Terms and conditions shall be construed in accordance with and governed by the laws in effect within the State of Michigan.
11.8. Dispute Resolution; Arbitration Agreement. By accessing or using the Site, you agree that any dispute, claim, or controversy arising out of or relating to your use of the Site shall be resolved by binding arbitration. Regardless of the forum, you and we agree that each may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
12. Contact Information
12.1.Any questions concerning these Terms should be addressed to:
Company: ADG Enterprises, LLC
Email: support@adg.com
Web: shop.airboss.com