Last updated: September 21, 2020..
Fresair LLC. and/or its affiliates (“Fresair”, “we” or “us”) operate an online store (“Fresair Shop”) located at fresair.com/shop from which you may purchase products and services (“Fresair Shop Products”).
You may choose to or we may invite you to submit comments or ideas about improvements to the Fresair Shop or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Fresair has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
Fresair grants you a limited, revocable, non-exclusive, non-transferable license to access the Fresair Shop. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.
Details of the products and services available for purchase in the Fresair Shop (“Fresair Shop Products”) are set out in the Fresair Shop. All features, content, specifications, products and prices of products and services described or depicted in this Fresair Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Fresair Shop due to the limitations of the systems that you use to access the Fresair Shop. The inclusion of any products or services in the Fresair Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
a. Subscription terms. We may offer you the ability to purchase subscriptions via the Fresair Shop. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
We may require that you create an account to access the Fresair Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
This Section 7 applies to Fresair Shop Products that are physical goods. For clarity, this Section 7 applies despite any contrary terms in any invoice or purchase order.
Orders are shipped using carriers selected by Fresair. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Fresair is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Fresair Shop Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).
Unless otherwise noted in the product description, Fresair Shop Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that is defective or does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Fresair will refund your purchase price in full upon receipt and inspection of the returned product. Return shipping costs are your responsibility unless otherwise agreed to by Fresair.
You may not use the Fresair Shop or purchase any Fresair Shop Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Fresair Shop or any Fresair Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
We provide the Fresair Shop, Fresair Shop IP and Fresair Shop Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Fresair or obtained by you from or through the Fresair Shop – whether from Fresair or another entity, and whether oral or written – creates or implies any warranty from Fresair to you.
Fresair disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Fresair Shop; (b) that the Fresair Shop Products will meet your specific needs or requirements; (c) that the Fresair Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Fresair will correct any defects or errors in the Fresair Shop; or (e) that the Fresair Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Fresair Shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
You agree to limit any additional liability not disclaimed or denied by Fresair in relation to the Fresair Shop, Fresair Shop IP, and Fresair Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Fresair during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
44560 Via Terra Nova
La Quinta, California 92253