Terms of service
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE REVIEW SECTION 12 CAREFULLY.
PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
1. Applicability of Terms and Conditions
1.1. These terms and conditions (these “Terms”) shall apply to your purchase of products and related services from ADG Enterprises, LLC (referred to herein as either “Company,” “we,” “us,” or “our”) through shop.airboss.com (the “Site”).
1.2. By placing an order through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
1.3. Company reserves the right to amend these Terms at any time in its sole discretion. Any amendments shall apply prospectively only and shall not affect orders already accepted. The version of the Terms in effect at the time of your order will apply to that transaction. The most current version of these Terms will be posted on the Site and will be dated accordingly.
2. Online Orders.
2.1. By placing an order through the Site, you make an offer to purchase the products or services selected in accordance with these Terms.
2.2. We reserve the right to accept or reject any order in our own discretion. Acceptance of your order occurs only when you receive a confirmation email from Company.
2.3. Company reserves the right to cancel any accepted order at any time, including but not limited to cases of (i) pricing or typographical errors, (ii) suspected fraud, (iii) product unavailability or discontinuation, (iv) export control restrictions, or (v) legal or regulatory concerns.
3. Payment Terms.
3.1. All applicable prices are listed on the Site at the time of purchase. Unless otherwise stated, all prices are in U.S. dollars (USD).
3.2. You are responsible for payment of (i) the purchase price in effect at the time of the order, (ii) all applicable sales, use, excise, import, customs, duties and other taxes; and (iii) all applicable shipping and handling charges.
3.3. Payment may only be made with a valid credit, debit card, or other authorized electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
3.4. You are solely responsible for any foreign exchange, currency conversion, or bank fees incurred in connection with your purchase.
4. Shipping Information.
4.1. Company will ship accepted orders to the address provided by you at checkout.
4.2. You are responsible for all associated shipping & handling charges.
4.3. While Company will use reasonable efforts to meet any estimated shipping and delivery dates provided on the Site, all shipping dates are estimates only. Company shall not be liable for any delay or failure in shipment or delivery caused by carriers, customs processes, government restrictions, supply chain disruptions, force majeure events, or any other circumstances beyond Company’s reasonable control.
5. Privacy and Cookie Policies and Website Terms of Use.
5.1. Your use of the Site and all transactions are also governed by our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://shop.airboss.com/policies/privacy-policy and https://shop.airboss.com/pages/terms-of-use, each of which is incorporated herein by reference.
6. Representations & Warranties ("R&Ws"); Disclaimers; Limitations on Liability.
6.1. You represent and warrant to us as follows:
6.1.1.that you have the right to enter any transaction contemplated for hereby without violating these Terms;
6.1.2.that your purchase and use of products and services will comply with all applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party;
6.1.3.that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and
6.1.4.that you are buying goods or services from the Site for solely your own use, and not for resale or export.
7. Company’s Limited Warranty
7.1. Products and services purchased through the Site are subject to Company’s Limited Product Warranty https://shop.airboss.com/pages/limited-product-warranty, which is incorporated herein by reference and sets forth your exclusive remedies for defective products or services.
7.2. Except as expressly set forth in the Limited Product Warranty and subject to applicable law, Company disclaims all other warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
7.3. Subject to applicable law, and to the extent not prohibited by applicable consumer protection laws, Company’s maximum aggregate liability arising out of or relating to these Terms or any product or service shall not exceed the purchase price actually paid by you for the product or service giving rise to the claim. In no event shall Company be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, data, goodwill, business opportunities, or reputation, even if advised of the possibility of such damages.
7.4. PPE and Safety Related Products. Products such as respirators, filters, and other personal protective equipment (“PPE”) must be used strictly in accordance with all instructions, warnings, training requirements, and applicable regulatory standards (including without limitation OSHA and NIOSH requirements). Company does not guarantee that any PPE will prevent exposure to contaminants, hazards, pathogens, or harmful substances, or will prevent injury, illness, or death. Proper fit testing, training, and maintenance are solely your responsibility.
7.5. No Medical or Safety Guarantee. Products are not a substitute for professional training, certification, or hazard assessment. You are solely responsible for determining the suitability of any product for your intended use and for complying with all applicable laws, regulations, and industry standards.
7.6. Nothing in these Terms shall exclude or limit liability for any liability that cannot be excluded or limited under applicable law.
8. Indemnification
8.1. You agree to indemnify, defend, and hold harmless ADG Enterprises, LLC, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, service providers, licensors, and successors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms, including any representation, warranty, or obligation contained herein; (ii) Your misuse, improper handling, modification, or unauthorized use of any product or service purchased through the Site, including without limitation any use inconsistent with product instructions, safety guidelines, regulatory requirements, or industry standards; (iii) Your violation of any applicable law, rule, or regulation, including but not limited to export control laws, import restrictions, customs requirements, and end use or end user limitations; (iv) Your resale, export, re export, transfer, or distribution of any product in violation of these Terms or applicable law; and (v) Your use of the Site, including any content you submit, transmit, or make available through the Site.
9. Third Party Beneficiaries.
9.1. These Terms are intended for the benefit of the parties hereto and their respective parents, subsidiaries, affiliates, successors, assigns, licensors, service providers, and agents, each of which shall be deemed an intended third-party beneficiary of these Terms, including without limitation the provisions relating to dispute resolution, limitations of liability, and disclaimers. Except as expressly set forth in this Section, nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
10. Force Majeure.
10.1.Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, labour-related matters, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, pandemics and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
11. Assignment.
11.1.Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
12. Partial Invalidity.
12.1.In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
13. Governing Law/Binding Arbitration.
13.1.Governing Law. These Terms shall be governed by the laws of the State of Michigan without regard to its conflict of laws principles.
13.2.Binding Arbitration. Except as provided in the paragraph below and subject to applicable laws, any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Oakland County, Michigan, in English, before a single arbitrator. The award shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Company will pay all AAA filing, administration, and arbitrator fees to the extent required by the AAA Consumer Arbitration Rules or applicable law
13.3.Class Action Waiver. To the fullest extent permitted by law, you agree that all claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Consolidation of claims is not permitted. In the event that the Class Action Waiver is deemed invalid or unenforceable for any reason, the parties agree that any such claim shall proceed in arbitration on an individual basis, and not as a class, collective, representative, or consolidated action, to the maximum extent permitted by applicable law.
13.4.Notwithstanding Section 12.2, you may elect to pursue a claim in small-claims court if eligible. In addition, if applicable consumer protection laws in your jurisdiction prohibit mandatory arbitration, such laws shall apply instead and disputes shall be resolved in the courts of that jurisdiction.
14. No Waivers.
14.1.Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
15. Notices.
15.1.All notices required or permitted under these Terms shall be in writing and delivered by email. Notices from us to you will be sent to the email address you most recently provided to us, and will be deemed delivered when sent, whether or not you actually receive or read the email. Notices from you to us must be sent to support@adg.com, and will be deemed delivered when received in our designated email inbox. Each party is responsible for keeping its email address current and accurate.
16. Entire Agreement.
16.1.These Terms, along with the confirmation e-mail referenced in Section 2. above, any instructions that we provide you with relating to any product or service you obtain from us through the Site (including without limitation any licence agreement), and our Site's “Terms of Use,” “Export Control Policy,” “Shipping Policy,” “Limited Product Warranty,” “Cookie Policy,” and “Privacy Policy,” shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
17. Contact Information
Any questions concerning these Terms should be addressed to:
Company: ADG Enterprises, LLC
Email: support@adg.com
Web: shop.airboss.com