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.
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 certify and 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.
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.
We do not permit or tolerate any illegal, abusive, harmful or improper use of this Site or any IQAir Content (as defined below). Without limitation to the generality of the foregoing, we specifically prohibit the following:
As used herein, "IQAir Content" means any and all contents and materials provided by IQAir and/or its licensors, including, without limitation, text, editorials, blogs, 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.
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 IQAir Content.
We’re excited to have you contribute to the IQAir community. Here are a few basic rules:
Be Original. Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
Do not do anything that may expose IQAir or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
Do not use any data mining, robots, scraping or similar data gathering methods.
Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform - yours or anybody else’s.
Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
Do not collect or solicit personal information from other Platform users or send unsolicited messages.
Do not use automated technology to interact with the Platform.
Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. IQAir has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
Be Yourself. Do not impersonate any person or organization, or IQAir employees.
You own any User Content originated by you, and IQAir 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:
IQAir assumes no responsibility for monitoring this Site for inappropriate User Content or conduct. If at any time IQAir elects to monitor this Site, IQAir 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.
In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), IQAir 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. IQAir 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 IQAir's Designated Agent to receive notifications of claimed copyright infringement by User Content on this Site:
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:
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:
If IQAir 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.
You may link to this Site, but subject to the following conditions:
IQAir may from time to time conduct sweepstakes, contests, games and other prize promotions on this Site. Participation in such sweepstakes, contests, games and other prize promotions will be subject to IQAir's published official rules.
If you acquire or download any software (including any mobile app) made available by IQAir or any of its licensors or business partners on this Site ("Software"), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:
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 colour will accurately reflect actual product colour 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.
EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY IQAIR AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
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.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL IQAIR 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 IQAIR 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.
IQAIR 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 IQAIR AND THEIR SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.
IQAir provides this Site in and from the United States of America. IQAir does not represent or warrant that this Site or any IQAir 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.
IQAir 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, without limitation, electricity supply, virus pandemic, bacteriological crisis, war, civil unrest, bank payment systems or postal deliveries.
You acknowledge and agree that IQAir 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 IQAir has obtained from you as well as all agreements IQAir 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 IQAir or to which IQAir sells or otherwise transfers its business or assets (including this Site).
Any dispute over the content or use of the Website shall be governed by the substantive laws of Switzerland and the jurisdiction and venue of any such action shall be vested solely before the ordinary courts of the Canton of St. Gallen.