Welcome to the AirZone Kids website (the “Site”), owned and operated by AirZone Kids, (“AirZone Kids”). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the “Agreement”).
AirZone Kids reserves the right to change these Terms of Service from time to time. Please review the Terms of Service frequently in order to familiarize yourself with any changes that may be made. Your continued use of the Site after the time any changes are made will indicate your acceptance of the Terms of Service, including such changes. If you do not agree to these terms, please do not use the Site.
Unless otherwise noted, the Site, and all of its information and contents, including text, images, illustrations, designs, icons, photographs and other materials are the exclusive property of AirZone Kids (the “Content”), or that of our suppliers or licensors, and is protected by patent, trademark, trade dress and copyright under all applicable United States and/or foreign laws. The use of the Site in no way transfers or assigns any right, title or interest to the content to you.
The Content of our Site is intended solely for personal, noncommercial use (other than for the purchase of merchandise from our site) by the users of our Site. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of AirZone Kids.
Violations of AirZone Kids’s system or network security may result in civil or criminal liability. AirZone Kids will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging on to a AirZone Kids server or AirZone Kids account, which you are not authorized to access
Attempting to probe, scan or test the vulnerability of any of AirZone Kids’s systems or networks or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Site
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site
If you wish to purchase any product through the Site (each such purchase, a “Transaction”), you will be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to AirZone Kids the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same user account, credit card, and/or orders that use the same address information. In the event we make a change to or cancel an order, we will attempt to notify you via email/address/phone number provided when the order was placed.
Although availability may be indicated on the Site, we cannot guarantee product availability and products. Therefore, some products may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, to our discretion, cancel your order and refund your money.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
PHOTOGRAPHY AND PRESENTATION
We have made every effort to display as accurately as possible the colors and textures of our products that appear at the Site. However, as the actual images you see will depend on your monitor and its settings, and may also be affected by other factors outside of our control, we cannot guarantee the accuracy of any displayed image.
AGE OF USERS
Individuals under the age of 18 are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from minors. Should we learn that someone under the age of 18 has provided any personal information to us, we will delete that information as soon as possible.
LINKS TO OTHER WEBSITES AND SERVICES
The Site may contain links to other websites that are not under the control of AirZone Kids. AirZone Kids disclaims all liability and responsibility for any linked websites nor does linking constitute an endorsement of any linked website. Other websites are governed by their own applicable terms of service and privacy policies. Links are provided solely for the convenience and information of the Site’s users.
DISCLAIMERS AND LIMITATION OF LIABILITY
AirZone Kids does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.”
AirZone Kids DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.AirZone Kids DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION, THE CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. AirZone Kids MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALLAirZone Kids, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF AirZone Kids OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold AirZone Kids, its directors, officers, employees, agents and affiliates harmless from and against any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from or related to your use of the Site and/or your breach of any representation, warranty or other provision of the Agreement.
This website is controlled by AirZone Kids from its offices in Exeter, New Hampshire. As the Site can be accessed from all fifty states and other countries around the world and each of these places has laws that may differ from those of New Hampshire, by accessing this website both you and AirZone Kids agree that the statutes and laws of the State of New Hampshire, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this website. AirZone Kids makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where the contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
Any dispute relating in any way to this Agreement, your visit to the Site, or to any purchase, return or other transaction with AirZone Kids shall be submitted to confidential arbitration in Exeter, New Hampshire. By using the Site, you consent to exclusive jurisdiction and venue in the courts of Exeter, New Hampshire. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
The failure of AirZone Kids to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us, please contact us at:
Exeter, NH 03833