Introduction

THIS WEB SITE IS PROVIDED BY GUARDAIR CORPORATION (“GUARDAIR”). USE OF THIS WEB SITE (THE "WEB SITE") AND ANY PRODUCTS OR SERVICES CONTAINED HEREIN (“PRODUCTS & SERVICES”) IS CONDITIONED ON AND SUBJECT TO YOUR AGREEING TO THE TERMS AND CONDITIONS SET FORTH HEREIN (THE "TERMS OF USE") – SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE WEB SITE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE, AND OTHER RELATED ITEMS DEFINED BELOW.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. These Terms of Use, and any other agreement executed by you on the Web Site, represent the only agreement(s) between You and Guardair Corporation regarding use of the Website and the Products & Services.

Modifications

Guardair may revise and update these Terms of Use at any time, at its sole and unfettered discretion.

Guardair Corporation Privacy Policy

The Guardair Privacy Policy governs the use of information collected from or provided by You at the Web Site, along with any applicable laws. With respect to any individual whose personal information (including, but not limited to, personally identifiable information or data) is provided by You to Guardair, You represent to Guardair that You have obtained all necessary consents for the processing of such personal information.  Guardair cares about your privacy.  Guardair will not share your personal information with third-parties unless specifically stated otherwise in the section where you are asked to enter such information.

Third Party Sites

From time to time, Guardair may include links to other third party websites. These links do not mean that Guardair endorses these third party sites or their products and services. You agree that Guardair is not liable for content on Guardair’s website that is provided by others. You also acknowledge and agree that Guardair is not responsible or liable for any content or other materials on any third party site that may be linked to our site. Any dealings that You have with third parties found on Guardair’s website are between You and that third party, and You acknowledge and agree that Guardair is not liable for any loss or claim You may have as a result of dealing with such third party or its content, services or supplies.

License and Ownership

Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of Guardair and its affiliates. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress (collectively, the "Marks") of Guardair, its affiliates or other entities that have granted Guardair the right and license to use such Marks.  Such Marks may not be used or interfered with in any manner without the express written consent of Guardair. Except as expressly provided herein, Guardair does not grant to You any express or implied rights to Guardair's or any third party's Intellectual Property.  Guardair grants You a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Web Site, Content and Products & Services only in the manner presented by Guardair and subject to Your entering into additional required agreement(s), and (b) access and use the Guardair computer and network services offered within the Web Site (the "Guardair Corporation Systems"), but only in the manner expressly permitted by Guardair, only for permitted uses of the Products & Services, and only for lawful purposes. Except for this limited license, Guardair does not convey any interest in or to the Guardair Corporation Systems, information or data available via the Guardair Corporation Systems, Intellectual Property, Content, Products & Services, Web Site or any other Guardair property by permitting You to access the Web Site.

NOTE THAT GUARDAIR RECOGNIZES THAT THE WEB SITE IS ACCESSIBLE WORLDWIDE, AND DOES NOT REPRESENT HERE WITH RESPECT TO THE MARKS (OR OTHER INTELLECTUAL PROPERTY PROVIDED OR AVAILABLE VIA THE WEB SITE) THAT GUARDAIR HAS TRADEMARK, TRADE DRESS, COPYRIGHT, OR OTHER FORMS OF REGISTRATION OR PROTECTION IN EVERY COUNTRY OR JURISDICTION WORLDWIDE – BUT GUARDAIR DOES RESERVE THE MAXIMUM RIGHTS AVAILABLE TO IT WORLDWIDE AND IN EVERY COUNTRY AND JURISDICTION.  IF YOU ARE UNCERTAIN OF WHETHER OR NOT YOUR ACTUAL OR PROPOSED USE OF ANY OF THE MARKS IS IN VIOLATION OF GUARDAIR’S RIGHTS IN THE COUNTRY OR JURISDICTION OF SUCH USE, PLEASE CONTACT GUARDAIR FOR CLARIFICATION.

Restrictions on Use of the Web Site

In addition to other restrictions set forth in these Terms of Use, You agree that: 

(a) You shall not disguise the origin of information transmitted through the Web Site;
(b) You will not place false, misleading or unlawful information on the Web Site;
(c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by these Terms of Use;
(d) You will not input or upload to the Web Site any information, data, programs, modules, or other material which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site, Products & Services, Content or Information or that infringes the Intellectual Property (defined below) or other rights of Guardair or another;
(e) Certain areas of the Web Site may be, now or in the future, restricted to clients of Guardair;
(f) You may not use or access the Web Site or the Guardair Corporation Systems, Content, Information or Products & Services in any way that, in Guardair's judgment, adversely affects the performance or function of the Guardair Corporation Systems, Products & Services or the Web Site or interferes with the ability of authorized parties to access the Guardair Corporation Systems, Products & Services or the Web Site;
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Guardair.

Disclaimer of Warranties

GUARDAIR MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, THE PRODUCTS & SERVICES, OR THE CONTENT – WHICH ARE EACH PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THE USE OF SAME IS AT YOUR OWN RISK. GUARDAIR, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FIT FOR A PARTICULAR PURPOSE OR NEED. GUARDAIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF NON-INFRINGEMENT OF RIGHTS OF ANY PARTY. GUARDAIR AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR PRODUCTS & SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE GUARDAIR CORPORATION SYSTEMS. NO CONTENT OR INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY GUARDAIR IN THESE TERMS OF USE.

WE DO NOT GUARANTEE THAT THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, THE PRODUCTS & SERVICES, THE INFORMATION OR THE CONTENT WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, THE PRODUCTS & SERVICES, OR THE CONTENT WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY COMPANY REPRESENTATIVE SHALL CREATE A WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE USING THIS WEB SITE AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. IN SUCH CASES, YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, PRODUCTS & SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COMMONWEALTH OF MASSACHUSETTS, THE UNITED STATES OF AMERICA, AND YOU HEREBY EXPRESSLY SUBMIT TO THE EXCLUSIVE JURISDICTION THEREOF.  FURTHERMORE, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO SUCH COURTS AS THE VENUE FOR AND THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, INFORMATION, PRODUCTS & SERVICES AND/OR CONTENT MUST BE FILED WITHIN SIX (6) MONTHS OF THE OCCURRENCE OF THE EARLIEST EVENT (I.E., ACT OR OMISSION) GIVING RISE TO SUCH CLAIM OR CAUSE OF ACTION.

Governing Law and Language

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, U.S.A. excluding (i) Massachusetts conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience.

General

You may not assign to any other party or entity these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Termination

Guardair may terminate Your access and use of the Web Site, Content, Information, Products & Services, and Guardair Corporation Systems, and any licenses or other rights granted herein, at any time, without warning, at its sole discretion and without penalty or liability to You.