Purchase of Products
If you make a purchase on this Site, your purchase is also governed by and subject to our Terms of Sale. Please review our Terms of Sale prior to making a purchase on this Site.
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.
Reservation of Rights
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 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.
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.
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:
- using this Site or any IQAir 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 IQAir 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 IQAir Content, or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with this Site or any IQAir Content, including geo-filtering mechanisms;
- framing or otherwise creating a browser or border environment around any Site page or any IQAir Content, or deep-linking to any IQAir Content or any internal page of this Site;
- using the IQAir mark or logo or any other mark, logo or source identifier of IQAir or its corporate affiliates (whether registered or unregistered), including, without limitation, the marks ATEM, PERFECT 16, PERFECTHOME, ICLEEN, LIFESHIELD, HEALTHPRO, HYPERHEPA, V5-CELL, PreMax, OZONEWATCH, CLEANZONE, PARTICLESCAN, in any manner (including as meta tags or ad keywords), except as necessary to make reference to IQAir
- submitting, uploading, posting or transmitting any User Content that is: unlawful; threatening; harassing; abusive; defamatory; 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, or disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
- engaging in commercial activity, including, without limitation, advertisements or solicitations of business, purchase, or participation in any game or promotion.
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:
- 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 IQAir 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, video, 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, video, 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 IQAir by reason of your submission; (2) IQAir 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 IQAir and their successors and assigns; (3) if IQAir and their successors and assigns decide to make any use of your submitted User Content, IQAir 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 IQAir, 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 IQAir 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, IQAir 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 IQAir and their successors and assigns, and you release and forever discharge IQAir 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 IQAir and their successors and assigns.
Right to Remove User Content; No Obligation to Monitor
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.
IQAir DMCA Policy
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:
IQAir North America, Inc.
Attn: Legal Department
14351 Firestone Boulevard
La Mirada, CA 90638
By Telephone: 562-903-7600
By Email: email@example.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 California, 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 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.
Interactions between Users
Linking to IQAir Website
You may link to this Site, but subject to the following conditions:
- Your link must be a text-only link;
- You do not frame or otherwise create a browser or border environment around any page of this Site or any IQAir Content;
- You do not deep-link to any IQAir Content or any internal page of this Site;
- You do not link to any live stream or live streaming event on this Site (except with our express prior written consent);
- You do not use any IQAir logo or design mark in or as your link;
- You do not link to this Site from any pornographic or sexually oriented website;
- You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, IQAir;
- You do not publish false, defamatory, misleading or inaccurate information about, or otherwise disparage, IQAir or any IQAir Content;
- IQAir is under no obligation to support your link.
Sweepstakes, Contests, etc.
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.
Use of Software
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:
- The Software is for your own internal business or personal use only.
- All right, title and interest in and to the Software, including, without limitation, all copyrights and other intellectual property rights, will remain with IQAir and/or the provider or licensor of the Software.
- You may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse engineer, decompile or disassemble the Software.
- You may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software.
- You may not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software.
- All Software provided on this Site is subject to United States export control laws and regulations. No Software may be downloaded from this Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading, installing or using any Software obtained from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with United States export control laws and regulations.
- You acknowledge that, unless expressly otherwise stated, IQAir provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk.
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 IQAIR AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
- IQAIR MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY IQAIR CONTENT.
- THIS SITE AND ALL IQAIR CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IQAIR 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 IQAir CONTENT.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IQAIR DOES NOT WARRANT THAT THIS SITE AND ALL IQAIR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS SITE AND ALL IQAIR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS SITE AND ALL IQAIR CONTENT ENTIRELY AT YOUR OWN RISK.
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 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.