TERMS AND CONDITIONS
Last updated October 1, 2021
Welcome to the www.AirocideAir.com website (“Site”), which is owned and operated by Sani Air Systems, Inc. (“Sani Air” or “we”). We provide this Site to enable users (“you”) to obtain information about the product offerings of Sani Air and to make purchases from Sani Air through the e-commerce section of this Site. Your use of this Site is governed by and subject to these Terms of Use and our Privacy Policy. Please read these Terms of Use and our Privacy Policy carefully.
BY USING THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms and Conditions for Use of Site contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see the “Disclaimer of Warranties,”, “Limitation of Liability,” and “Arbitration Agreement” sections below for more information.
Privacy
We at Sani Air respect the privacy of our users. Please review our Privacy Policy as it describes our data collection, use, sharing, and security practices associated with this Site.
Purchase of Products
If you make a purchase on this Site, your purchase is also governed by and subject to our Terms & Conditions of Sale. Please review our Terms & Conditions of Sale prior to making a purchase on this Site.
Reservation of Rights
We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Site or any portion thereof; (ii) restrict, limit, suspend or terminate any user’s access to this Site or any portion thereof; (iii) monitor any user’s activities on this Site to verify and ensure that user’s compliance with these Terms and Conditions for Use of Site and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms and Conditions for Use of Site or any applicable law and cooperate with authorities in such investigation.
Electronic Communications
When you use this Site or send emails to us, you are communicating with us electronically. To the extent permitted by applicable anti-spam law, you consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this Site, or through your account on this Site. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Accounts and Passwords
By creating an account on this Site, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.
Changes to These Terms of Use
Sani Air may make changes to these Terms and Conditions for Use of Site at any time. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account on this Site, we may notify you of material changes via your last known email and/or may ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on this Site. By continuing to use this Site after such notice and/or consent, you are bound by these Terms and Conditions for Use of Site as modified.
Children and Minors
This Site is not intended for or directed to anyone who has not reached the age of majority in his/her state, province, or country of residence. By using this Site, you warrant that you have attained the age of majority. You must have attained the age of majority to create an account, to make a purchase, or to submit User Content (as defined below) on this Site.
Prohibited Activities
We do not permit or tolerate any illegal, abusive, harmful, or improper use of this Site or any Sani Air Content (as defined below). Without limitation to the generality of the foregoing, we specifically prohibit the following:
- using this Site or any Sani Air Content other than for your own internal business or personal use strictly in accordance with these Terms and Conditions for Use of Site and our Terms & Conditions of Sale (applicable to any Sani Air product you purchase through this Site);
- using this Site or any Sani Air Content in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- impersonating another person or entity, or falsifying account information, or making unauthorized use of another person’s or entity’s information;
- creating (or attempting to create) multiple accounts on this Site (including using proxy IP addresses or falsified/fake identities to hide the use of multiple accounts) for the purpose of disrupting this Site or other users;
- using any automated program, tool, or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Site or any server, network or system associated with this Site, or to extract, collect, harvest or gather content or information from this Site;
- interfering in any way with the operation of this Site or any server, network, or system associated with this Site, including, without limitation, hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning, or testing the vulnerability of this Site or any server, network, or system associated with this Site; breaching or circumventing firewall, encryption, security, or authentication routines; accessing, using, or retrieving data not intended for you, or accessing another user’s account without permission;
- creating works or materials (including, without limitation, fonts, icons, link buttons, wallpapers, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards, and other merchandise or digital goods) that derive from or are based on any Sani Air Content, regardless of whether such derivative works or materials are sold, bartered, or given away;
- either directly or through the use of any device, software, internet site, web-based service, or other means, removing, altering, bypassing, circumventing, avoiding, or interfering with any copyright, trademark, or other proprietary notice contained on this Site or in any Sani Air Content, or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with this Site or any Sani Air Content, including geo-filtering mechanisms;
- framing or otherwise creating a browser or border environment around any Site page or any Sani Air Content, or deep-linking to any Sani Air Content or any internal page of this Site;
- using the Sani Air mark or logo or any other mark, logo, or source identifier of Sani Air or its corporate affiliates (whether registered or unregistered);
- submitting, uploading, posting, or transmitting any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- engaging in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- sending or causing others to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind;
- soliciting, collecting, or requesting personal information from others for commercial or unlawful purposes;
- submitting, uploading, posting, or transmitting an image or video of another person without that person’s consent;
- engaging in “trolling,” such as posting material, information, message, or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others;
- engaging in commercial activity, including, without limitation, advertisements or solicitations of business, purchase, or participation in any game or promotion.
Sani Air Content
As used herein, ” Sani Air Content” means any and all contents and materials provided by Sani Air and/or its licensors, including, without limitation, text, editorials, blogs, knowledge center, artwork, graphics, images, photos, videos, audios, music, advertisements, product information and images, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes, and directories.
All Sani Air Content belongs to Sani Air and/or its licensors and is protected by copyright, trademark, and other intellectual property laws. Sani Air hereby grants you a limited, revocable, non-sublicensable, non-transferable license to use this Site and Sani Air Content solely for your own internal business or personal use strictly in accordance with these Terms and Conditions for Use of Site and our Terms & Conditions of Sale (applicable to any product you purchase through this Site). Unless expressly permitted by these Terms of Use or any applicable law, you may not use, copy, reproduce, modify, publicly perform, publicly display, post, transmit, broadcast, distribute (by sale, rental, or otherwise), publish, or create derivative works from, any Sani Air Content. Any unauthorized use of Sani Air Content may result in civil and/or criminal penalties. We reserve all other rights not expressly granted herein.
User Content
As used herein, “User Content” means any and all contents and materials originated by users, including, without limitation, user reviews and comments, user idea submissions, and user-submitted text, photos, images, artwork, videos, audios, etc., but specifically excluding any Sani Air Content.
You own any User Content originated by you, and Sani Air does not claim ownership rights in your User Content. However, by submitting User Content to this Site (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:
- To submit User Content to this Site, you must have attained the age of majority in your state, province, or country of residence.
- By submitting User Content to this Site, you represent and warrant that: (1) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy, or confidentiality; (2) your submission does not contain any confidential information and may be seen by others; and (3) your submitted User Content contains no material that infringes upon any third-party right or violates any applicable law.
- By submitting User Content to this Site, you grant to Sani Air and their successors and assigns a non-exclusive, irrevocable, worldwide, perpetual, fully paid- up and royalty-free, freely- sublicensable, freely- assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content, including your name, voice, likeness, performance, life stories, and biographical information contained in such User Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted User Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes (including, without limitation, product development, marketing, advertising, promotion, sale, distribution, social media campaigns, merchandising, publishing, education, and charity). The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on this Site or delete the submitted User Content from your account.
- By submitting User Content to this Site, you acknowledge and agree that: (1) your submission is not being made in confidence or in trust, and no contractual, fiduciary, or confidential relationship of any kind (whether express or implied) is created between you and Sani Air by reason of your submission; (2) Sani Air and their successors and assigns are under no obligation whatsoever to use your submitted User Content for any purpose or in any manner, and any decision of use or non-use is entirely and solely at the discretion of Sani Air and their successors and assigns; (3) if Sani Air and their successors and assigns decide to make any use of your submitted User Content, Sani Air and their successors and assigns will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval, or inspection of any kind whatsoever with respect to any such use; (4) other persons, including, without limitation, employees and contractors of Sani Air, may have independently developed, or may hereafter independently develop content or material that is identical or similar to your submitted User Content, and content or material that is identical or similar to your submitted User Content may have already been, or may hereafter be, in the public domain; and (5) your submission is not returnable and may be retained indefinitely by Sani Air and their successors and assigns.
- By submitting User Content to this Site, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image, or artwork for a prospective product name, mark, logo, slogan, tagline, domain name, or other source identifier, Sani Air and their successors and assigns will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing, and registration.
- By submitting User Content to this Site, you waive the right to assert against Sani Air and their successors and assigns, and you release and forever discharge Sani Air and their successors and assigns from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right to one’s image, violation of moral or author’s rights or the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.
- Your submission is subject to such additional rules and guidelines as may be prescribed by Sani Air and their successors and assigns.
Right to Remove User Content; No Obligation to Monitor
Sani Air reserves the right at any time, but with no obligation, to remove, take down, block, disable, or deny access to any User Content that, in our sole judgment, violates these Terms and Conditions for Use of Site or any applicable law, or may expose or subject Sani Air to liability of any kind, or may adversely affect the reputation or goodwill of Sani Air.
Sani Air assumes no responsibility for monitoring this Site for inappropriate User Content or conduct. If at any time Sani Air elects to monitor this Site, Sani Air nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and assume no responsibility for the conduct of any user.
Sani Air DMCA Policy
In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), Sani Air will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including removing and disabling access to the allegedly infringing User Content. Sani Air also has a policy of terminating, in appropriate circumstances, the accounts of registered users on this Site who are determined to be repeat infringers.
Designated Agent: In compliance with the DMCA, the following is Sani Air’s Designated Agent to receive notifications of claimed copyright infringement by User Content on this Site:
By Mail:
Sani Air Systems, Inc
Attn: Customer Experience Department
4495 Military Trail, Suite 110
Jupiter, FL 33458
By Telephone: 1-561-566-4875
By Email: info@airocideair.com
Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Site, please notify the Designated Agent listed above in writing and provide the following requisite information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Site, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Texas, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If Sani Air receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Product Warranty
NORMAL USE: Your Air Purifier must be operated in accordance with the instructions in the Product User Manual. Your purifier should show no evidence of unconventional use; e.g. tampering, mishandling, neglect, accidental damage, or modification.
Voiding Warranty
If Product(s) or any part thereof, with the exception of filters, is proved to be defective by reason only of faulty workmanship or materials, the manufacturer will repair or replace the part or product free of charge for labor and materials. This warranty shall not apply to damage caused through misuse, wear and tear, neglect, unauthorized repair, to damage caused through installation, adaptation, modification or use in an improper manner or inconsistent with the manufacturer’s operating and maintenance instructions, wear or deterioration due to environmental conditions or to damage occurred during transit. Sani Air will not be liable under this warranty for any fault or damage arising from defective workmanship, if the Product has been serviced, repaired or modified by any person other than the manufacturer’s authorized service personnel or if the instrument’s serial label has been removed or tampered with. All products returned for service or repair must be accompanied by a Return Authorization number (RA number). The RA number must be clearly visible on the external packaging. Sani Air reserves the right to refuse any shipment received without RA number and return shipment at sender’s cost. Sani Air does not refund shipping, handling, or insurance costs for warranty repairs in the event of a warranty claims found to be void to do any of the use cases listed above once the unit has been inspected by Sani Air. Sani Air covers the shipping costs from incoming warranty services requests in the form of a return shipping label. Sani Air covers the shipping costs going back to the customer for ground shipping only. Should a faster shipping service be required, additional shipping costs will apply and are the responsibility of the end user. Sani Air does not extend its warranty nor ship products outside of the continental United States. Please call the Sani Air Customer Experience Team to receive a RA number and shipping instructions prior to shipment.
Product Information and Availability
We aim to display our product information on this Site as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor’s or device’s display of any color will accurately reflect actual product color or finish. Also, product information displayed on this Site may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we do not guarantee or warrant that all product information and images displayed on this Site will be accurate in all respects.
We do not guarantee or warrant the availability of any product displayed on this Site. We reserve the right, without notice or liability to you, to change, discontinue, or stop the offering of any product.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY SANI AIR AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
- SANI AIR MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY SANI AIR CONTENT.
- THIS SITE AND ALL SANI AIR CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SANI AIR DOES NOT WARRANT THAT THIS SITE AND ALL SANI AIR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS SITE AND ALL SANI AIR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS SITE AND ALL SANI AIR CONTENT ENTIRELY AT YOUR OWN RISK.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SANI AIR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS SITE AND ALL SANI AIR CONTENT.
- SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SANI AIR AND THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS SITE OR ANY SANI AIR CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
User Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SANI AIR AND THEIR SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (I) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THIS SITE OR ANY SANI AIR CONTENT OR ANY USER CONTENT; (II) ANY USER CONTENT SUBMITTED BY YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW; AND/OR (IV) ANY INTERACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY OTHER USER OF THIS SITE, OR BETWEEN YOU AND THE OWNER OR OPERATOR OF A LINKED THIRD-PARTY SITE/PRODUCT/SERVICE.
SANI AIR AND THEIR SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH SANI AIR AND THEIR SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.
International Use
Sani Air provides this Site in and from the United States of America. Sani Air does not represent or warrant that this Site or any Sani Air Content is appropriate or available for use in locations outside the United States of America. If you access this Site from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this Site.
Governing Law
These Terms and Conditions for Use of Site will be governed by and construed in accordance with the laws of the State of Florida, U.S.A. (without regard to the conflict of law’s provisions thereof). You and Sani Air agree that the United Nations Convention on Contracts for the International Sale of Goods shall NOT apply to these Terms of Use or your use of this Site (including any purchase you make on this Site).
Arbitration Agreement
- You and Sani Air agree that any dispute, claim or controversy arising out of or relating in any way to this Site or these Terms and Conditions for Use of Site, will be resolved by binding arbitration, except that: (1) either you or Sani Air may assert claims, if they qualify, in a small claims court; and (2) Sani Air may bring a court action solely for injunctive relief to stop unauthorized use or abuse of this Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration or the informal dispute resolution process described in this arbitration agreement. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms and Conditions for Use of Site, the U.S. Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration agreement, and that you and Sani Air are each waiving the right to a trial by jury or to participate in a class action. This arbitration agreement will survive termination of these Terms and Conditions for Use of Site and the termination of your relationship with Sani Air.
- To initiate arbitration, you must first send to Sani Air, by certified mail, a written notice of your claim (“Notice”) and such Notice to Sani Air must be addressed to:
- Sani Air Systems, Inc., Attn: Legal Department, 4495 Military Trail, Suite 110, Jupiter, Florida 33458 (“Notice Address”). If Sani Air initiates arbitration, Sani Air will provide you with a similar Notice by email to the email address then associated with your account on this Site. A Notice, whether sent by you or by Sani Air, must (1) describe the nature and basis of the claim or dispute and (2) set forth the specific relief sought. If Sani Air and you do not reach an agreement to resolve the claim or dispute within 30 days after the Notice is received, you or Sani Air may commence an arbitration proceeding.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this arbitration agreement. The arbitration will be conducted in the English language and before a single arbitrator that is selected in accordance with the AAA Rules. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and Conditions for Use of Site and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
- The payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND SANI AIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sani Air agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- By agreeing to these Terms and Conditions for Use of Site, you explicitly agree that any claims arising out of or relating in any way to this Site or these Terms of Use that you may otherwise have against Sani Air under the laws of any jurisdiction outside the United States of America are hereby waived, including, without limitation, any claims under the laws of your own country, and that your sole location and applicable law for resolving any dispute with Sani Air arising out of or relating in any way to this Site or these Terms and Conditions for Use of Site, is in the United States of America pursuant to the terms of this arbitration agreement.
Force Majeure
Sani Air will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
Severability
If any provision contained in these Terms and Conditions for Use of Site is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms and Conditions for Use of Site will not be affected and shall remain in full force and effect.
Assignability
You acknowledge and agree that Sani Air may at any time, without giving you notice or seeking your consent, transfer and assign all personal information, User Content and associated rights and licenses that Sani Air has obtained from you as well as all agreements Sani Air has made with you in connection with your use of this Site, to (i) an affiliate or (ii) a third party that acquires or merges with Sani Air or to which Sani Air sells or otherwise transfers its business or assets (including this Site).
Waiver
A failure by Sani Air to exercise or enforce any right or provision under these Terms and Conditions for Use of Site will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms and Conditions for Use of Site will only be effective if it is in writing and signed by Sani Air.
Contact Us
By Mail:
Sani Air Systems, Inc
4495 Military Trail, Suite 110
Jupiter, FL 33458
By Telephone: 1-561-566-4875
By Email: info@airocideair.com
Terms & Conditions of Sale
Billing Terms & Conditions
- All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
- Sani Air reserves the right, at their sole discretion, to refuse service and to terminate accounts if Sani Air believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Sani Air, its subsidiaries, or its affiliates, or for any other reason.
- Sani Air and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.
- Title of products do not transfer to purchaser until payment has been received by Sani Air.
- Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
- Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are 18 years of age or older.
Methods of Payment
We currently accept checks, ACH and wire transfers, Visa, MasterCard and American Express.
Return & Exchange Policy
The Airocide Air Purifier is backed by a 30-Day Money Back Guarantee. If you are not completely satisfied, simply return the product within 30 days from the date of purchase. The products must be returned with all the original packaging materials and inserts in good condition to be eligible for a refund. All opened products are subject to a 20% restocking charge if original packaging materials are not returned. Order discrepancies must be reported within 10 days of receipt. No exchanges or returns will be accepted after 30 days from date of purchase. Exchanged merchandise is subject to testing and inspection upon receipt by Sani Air. Please allow up to 20 business days after Sani Air’s receipt of product for your account to be credited.
In order to prevent possible transport damages and to secure your rights to exchange products, products must be returned packaged exactly as they were received. The product must be shipped back in the original packaging and insured. This may require another box to fit the original packaging into. If Product is not sent back in its original packaging, the sender accepts all liability for damage claims and may be charged by Sani Air for repairs. All products exchanged or returned must be accompanied with a RA (Return Authorization) number.
The RA number must be clearly listed on the outside of the box or on the return label, otherwise the shipment will be refused and immediately returned to the sender. The absence of a RA number will delay the exchange or return process. Therefore, please contact Sani Air Technical Support Team to receive a RA number and shipping instructions prior to shipment.
RA’s are only valid for 15 days. After 15 days the RA is automatically voided and will be refused should a customer attempt to return Product after the 15-day period.
All accessories and packaging must be returned otherwise a 20% restocking fee will apply.
Any added replacement costs will be assessed and incurred upon the completion of testing and inspection. Sani Air does not refund shipping, handling, or insurance charges for returned or exchanged products.
Authorization to Use Name
Customer gives Sani Air the authority to use, without royalties, customer’s name in all Sani Air sales, marketing and promotional materials.