Terms

Last Updated: August 25, 2020

Acceptance of Terms of Use and Privacy Policy

In consideration for accessing and using www.AireGuard.com (the “Site”), the Site’s services, and/or the Site’s products (as applicable), you accept and agree to be bound by the terms and provisions of these Terms of Use (“TOU”) and the Privacy Policy.  These terms apply to, and govern, your use of all webpages, content contained within the Site.

Modifications to Terms of Service and Privacy Policy

You understand that the terms of the TOU and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services.  Any such revision or change will be binding upon you after of posting of the updated TOU and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the TOU or Privacy Policy, you must notify AireGuard, LLC in writing within three (3) business days of the period described above and immediately discontinue any Site services.  If you do not, you will be deemed to have agreed to the updated terms.

Adult Usage Only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission.  Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.

Payment of Fees

AireGuard, LLC will charge you for services consistent with the intended pricing advertised on this Site, plus applicable tax, shipping, handling, and insurance costs.  You must be a physician, medical clinic, hospital, or related medical profession in order to order or use products from the Site. You may make payments to AireGuard, LLC by various methods, which may include purchase order (PO), bank wire, valid credit card, PayPal or check.  Depending on your payment methodology, your payment may be subject to an applicable clearance waiting period.  AireGuard, LLC reserves the right to expand or limit its payment options.

In conjunction with each payment you make to AireGuard, LLC, or in which a third-party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid PayPal account and credit card information).  Further, you understand and agree that any declined payment may be led to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site services, and you agree to pay all such fees.  You also understand and agree that you are solely responsible to ensure prompt payment of all fees to us and that we are under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.

You represent and warrant that by using a payment card (debit or credit) that you have the legal right to use the card.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order
  • Failure by you to obey these Terms

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Refund Policy

Due to the nature of the products we sell, we are unable to accept returns and all sales are final. All fees paid to AireGuard, LLC are non-refundable.

Recurring Billing

Your debit or credit card on file will be charged automatically for any subscription services. You are solely responsible for managing your account and monitoring your subscriptions. If you select a subscription service, we will use commercially reasonable efforts to fulfill your order. Your payment method selected will be automatically charged prior to shipment of your order. You may cancel your subscription at anytime.

Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.

Subscription Period

If you elect to be billed on a Subscription basis, You will be billed in advance on a recurring and periodic basis depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it.

Late Fees/Interest

If you miss a payment or have an overdue account, you may be assessed a one-time late fee administrative charge equal to one percent (1%) of the overdue balance ($100 minimum).  You may also be charged twelve percent (12%) interest on your past due balance.  The interest rate is calculated on a continuously compounded basis.

One Account Policy

To further the integrity of the services provided by AireGuard, LLC, all users are limited to one account per medical group/clinic/hospital.  Similarly, all companies are limited to one account per company.  Users who violate this policy may have all of their accounts suspended or terminated.

Your Account Security

You are responsible for maintaining the security in your AireGuard, LLC account.  You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., password), and all consequences that stem from activities occurring with your AireGuard, LLC account.  You also agree that AireGuard, LLC is not responsible for any unauthorized use of your AireGuard, LLC account.  You may not share your login information with anyone. AireGuard, LLC will never request your password.  If you suspect that your account or login information has been compromised, you should immediately change your password and contact AireGuard, LLC.

You further agree to promptly notify AireGuard, LLC of any security breach relating to your account.  Such notices should be sent to us at the address below.

AireGuard, LLC encourages all users to proactively take steps to enhance their personal security measures.  These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords; and preventing the disclosure of passwords to any third-parties.

Accuracy of Information Provided by You

You agree that all information you provide AireGuard, LLC is true, current, complete and accurate.   You also agree that you will update your information as needed to keep it true, current, complete and accurate.  You hereby agree to notify us within five (5) business days of a change in any information you provided us. 

Failure to provide such new information will constitute a material breach of the terms of this TOU and may lead to the suspension or termination of your account.

You warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply to AireGuard, LLC.  You further warrant that to the extent you provided personal data about a third-party to AireGuard, LLC, you provided that third-party with notice about this Site’s TOU and Privacy Policy.  You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

Code of Conduct

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in the TOU and Privacy Policy.  You agree to not use Site services or anything related to the services offered by AireGuard, LLC for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content.  Additional prohibited uses include: 

  1. Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other partys use and enjoyment of the Site;
  2. Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
  5. Use any metatags or any other “hidden text” utilizing AireGuard, LLC’s name, service or trademarks or trade dress without the express written consent of AireGuard, LLC;
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  8. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  9. Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  11. Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
  12. Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  13. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
  14. Use the Site, services or tools if you are not able to form legally binding contracts;
  15. Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
  16. Distribution or resale of products sold on the Site to third-parties (unless you are an authorized reseller or distributor);
  17. Any attempt to mimic, reverse engineer or reconstruction any portion of the Site or products sold on the Site; and
  18. You may not share your login information or allow third parties to utilize your login information to the Site.

You agree to fully comply with any applicable laws and regulations.  You further agree to cooperate in any governmental investigation regarding your use of Site services.  You further agree to that to the extent you are using the Site for the purposes related to AireGuard, LLC and that will adhere to all applicable State and Federal laws and regulations.

Breach of the Terms of Service and/or Privacy Policy

We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you breached the TOU or any other obligation to AireGuard, LLC.  Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under this TOU and Privacy Policy: (i) your failure to abide by any provision of the TOU or Privacy Policy; (ii) your failure to pay any amounts due to AireGuard, LLC; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of AireGuard, LLC’s Code of Conduct.

If any of the following events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that AireGuard, LLC is not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice.  In the event a written notice of default is provided to you, you shall have no longer than ten (10) calendar days to cure your breach.

Use of Name

For all customers, you consent to AireGuard, LLC using your name/business name and logo in advertising and promotional materials related to Site services.

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of the TOU and Privacy Policy.  Similarly, to the extent you are providing any information regarding a third-party, you represent and warrant that you have the authority to provide such information from the third-party to AireGuard, LLC.

Maintenance/Site Down Time

AireGuard, LLC reserves the right to perform maintenance whenever it deems reasonably necessary.  Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.  AireGuard, LLC will attempt to communicate any expected prolonged system outage to Site users in advance of outage.

AireGuard, LLC is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of AireGuard, LLC’s control.

Intellectual Property Rights

You agree that AireGuard, LLC holds all right, title and interest to all services, its websites and information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you.  You further agree to make no claim of interest in any such services.

All products sold on the Site and content including but not limited to text, graphics, downloads and software included on this Site is the property of AireGuard, LLC or its licensors and protected by United States and international copyright laws.

Disclaimer of Warranties

AireGuard, LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVILABLE" BASIS.  UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF AireGuard, LLC, AireGuard, LLC DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  AireGuard, LLC DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETNESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS.  EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF AireGuard, LLC, AireGuard, LLC PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH AireGuard, LLC.

AireGuard, LLC DOES NOT WARRANTY OR GUARENTEE ANY OF ITS USERS COMPLIANCE WITH LAW.  AireGuard, LLC IS NOT RESPONSIBLE FOR THIRD-PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.

Outside of the United States

If you reside outside of the United States, You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Assumption of Risk

The Site is intended for educational purposes only.  When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your owner discretion and risk.  In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.

Customer Support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, AireGuard, LLC provides email support for Site customers. Support can be reached by sending an email to: hello@aireguard.com  AireGuard, LLC attempts to respond to customer inquiries within three (2) business days.

Indemnification

As a user of this Site and products sold on the Site, you agree to and hereby release, indemnify, defend and hold harmless AireGuard, LLC and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys' fees and expenses, made by any third-party or relating to or arising under violations of your TOU, the Privacy Policy, your submissions to the Site, your misuse of any product sold on the Site, the services provided by AireGuard, LLC to you, your use of any services of the Site or provided by AireGuard, LLC or your alleged violation of any rights of another.  This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law.  This indemnification obligation is in addition to any other rights or remedies AireGuard, LLC may have in law or equity.  Your indemnification obligation under this section shall be reduced to the extent some or all of the liability was caused directly by our acts or omissions that were in deliberate and reckless disregard for your rights, or we otherwise were grossly negligent.

You agree that AireGuard, LLC shall have the right to participate in the defense of any claim asserted against AireGuard, LLC.  You also agree that AireGuard, LLC shall be entitled to retain a counsel of AireGuard, LLC’s own choosing at your cost.  You further agree to notify AireGuard, LLC of your knowledge of any claim against AireGuard, LLC.  You agree to cooperate fully with AireGuard, LLC during such proceedings.

Automatic Payments in the Event of Default

If you provided payment information to AireGuard, LLC and sums are due and owing from you to AireGuard, LLC and you are in default of your obligations under this TOU, you authorize AireGuard, LLC to deduct any sums due and owing from your payment source(s) so long as AireGuard, LLC provides you with notice of your default and you fail to cure the default within seven (7) days.

Right to Refuse Service

AireGuard, LLC, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity.

Use of Products

You agree that your use of any products purchased from this Site are for your own use in a legal medical or clinical setting, and not for distribution or resale to any third parties (unless you are an authorized AireGuard, LLC distributor or reseller).  You further agree that you will not compete against AireGuard, LLC through the development, sale or marketing of products similar to the products that are sold on this Site for a period of two (2) years after your last purchase. You further represent and warrant that none of your employees, staff, or contractors will engage in any such competitive development, sale or marketing for a period of two (2) years after your last purchase.

Consent and Survival of Agreement

By using the services provided by AireGuard, LLC under this TOU and Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOU and the Privacy Policy.  You also agree to be bound by all amended terms and conditions of this TOU and the Privacy Policy.  These terms of this TOU and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the services.

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating the TOU or privacy policy, you may inform AireGuard, LLC in writing about the facts and circumstances of the alleged abuse/violations by writing to: AireGuard, LLC.  AireGuard, LLC may, but is not obligated, to conduct an investigation into the allegations.  AireGuard, LLC reserves the right to remove accounts, content, or postings that AireGuard, LLC, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records.  Under no circumstances will AireGuard, LLC be liable to you for your failure to retain necessary records, nor will AireGuard, LLC’s (non-)retention of records act to alleviate your duty under the law.

Termination of Services

Users who wish to terminate their services must complete the cancellation process on their account profile within the Site.

You acknowledge and agree that we may terminate or block your use Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by this TOU or the Privacy Policy.  You agree that upon termination or discontinuance for any reason, AireGuard, LLC may delete all information related to you on the service and may bar your access to and use of Site services.

Notices and Communication

You authorize AireGuard, LLC and its sponsors and affiliates to communicate with you to the full extent allowed by AireGuard, LLC’s Privacy Policy.  Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to construction and remodeling.  If you do not wish to receive bulk email solicitation notices or announcements from AireGuard, LLC, please send us an email at AireGuard, LLC.  To the extent you do not wish to receive communication from sponsors and affiliates, you should contact them directly.

Notices that you send to us must be delivered via certified mail to the following address:

AireGuard, LLC
323 Washington Avenue N, Suite 200
Minneapolis, MN  55401

You may copy us at hello@aireguard.com so long as you place “LEGAL NOTICE” in the subject line of the email.  Notice sent exclusively over email shall not be deemed valid notice.

You authorize us to send any notices to you based on the information you provide us.  We are not responsible if you fail to keep your contact information up to date.

Choice of Law, Jurisdiction and Venue

All purchases from AireGuard, LLC are deemed made within the State of Minnesota.

The terms and conditions of this TOU and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Minnesota.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOU, the Privacy Policy, or related to Site services provided by AireGuard, LLC to you shall be brought and maintained exclusively in the state or Federal courts located in Hennepin County, Minnesota.  Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Hennepin County, Minnesota for the purpose of any such litigation as set forth above.  You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

Prior to bringing any claim against us, you agree to provide us formal written notice with a summary of your claim and at least thirty (30) days to attempt to resolve the matter with you.  If we are unable to resolve the claim within that period of time, you also agree to submit to formal in-person mediation provided by a private practice attorney of at least ten (10) years.  The parties shall agree on a venue for the mediation, but if they are unable to come to such an agreement, the mediation shall occur within a one hundred (100) radius of Minneapolis, Minnesota.  Your failure to abide by this dispute resolution shall be deemed a material breach of these Terms and shall entitle AireGuard, LLC to recover all of its costs, including but not limited to attorneys’ fees related to your breach.

Your Feedback to Us

We welcome your feedback about your Site and Services.  In all feedback that you provide to Us, you assign all rights, title and interest in any feedback You provide. If for any reason such assignment is ineffective, You agree to grant Us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

Exclusive Remedy and Damages Cap

You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against AireGuard, LLC related to the Site (including products sold on this site), this TOU, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such services within the past twelve (12) months or $5,000, whichever is less.  IN NO EVENT SHALL ANY AireGuard, LLC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCURMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, WAGES, BACK WAGES, FUTURE WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH AireGuard, LLC MAY BE RESPONSIBLE.

Time Limitations For Action

Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by AireGuard, LLC must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived.

Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOU, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.

No Third-Party Beneficiaries

Except as otherwise expressly provided herein, nothing in this TOU is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from AireGuard, LLC.  Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOU Policy is voidable at AireGuard, LLC’s option.

Successors and Assigns

Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.  No failure or delay by AireGuard, LLC in exercising any right, power or privilege hereunder shall operate as a waiver.  Similarly, AireGuard, LLC’s election to not assert its rights under this TOU shall not preclude AireGuard, LLC from asserting its rights in the future.

Severability of Terms

If any provision of this TOU or Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision in this TOU, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If AireGuard, LLC prevails in any action, suit, or proceeding arising from or based upon this TOU, AireGuard, LLC shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

Headings

The headings in this TOU are for convenience only.  The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

California Residents Only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

If you have any questions about these Terms and Conditions, You can contact us:

By email: hello@aireguard.com
By mail: 323 Washington Ave N, Suite 200, Minneapolis, MN 55401

 

Search