Terms & Conditions
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS ONLY (SO THAT CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE UNLESS YOU: (A) AGREE TO THESE TERMS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD AND ARE NOT A RESIDENT OF OR LOCATED IN THE EUROPEAN ECONOMIC AREA OR ANY OTHER COUNTRY SUBJECT TO GDPR; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, PRODUCTS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. If you are under age 18, you should use the Site only with a parent or guardian.
- Agreement. These Terms apply to your purchase of products and from the Site. These Terms are subject to change at any time without prior written notice by FLUID-AIRE. The most recent version of these Terms will be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes made in the Terms since you last reviewed them.
- Orders. When placing an order on our Site, you are effectively offering to purchase the products you select. We reserve the right to accept or reject any order in our discretion. We will only accept or reject an order in its entirety and we will send you an email either way to confirm your purchase or explain why it was not accepted. We reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. If you refuse to accept delivery of your order without prior authorization from FLUID-AIRE, we will deduct a 10% re-stocking fee and the cost of return shipping from your return credit.
- Payment Terms. The price for each product is shown near the products as displayed on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same products. Prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer will be in a separate document (like a separate page in the Site or a mailer) that shall govern its applicability (and, in the event of a conflict between prices in the Site or in that document, the document will govern). You will be responsible to pay the price stated in the Site for each product purchased at the time of your transaction plus any applicable sales, use, excise, and related taxes; and shipping and handling charges. Payment may only be made with a valid credit or debit card.
- Shipping Information. We will ship your accepted order to you at the address you provided when you submitted the order. We use third-party shippers so FLUID-AIRE is not responsible for any shipping delays, mis-delivered or stolen packages. It is your responsibility to contact the shipper directly and resolve any shipping issues. FLUID-AIRE has no recourse with our shippers.
- No Returns. All sales are final. You may not return or exchange any purchase from the Site.
- Your Representations & Warranties. Individual purchasers represent and warrant to FLUID-AIRE that you: (a) have the right to enter any transaction without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (b) will use the products we provide exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (c) that you are buying products from the Site solely your own use, and not for resale or export.
- Disclaimer. Subject to applicable law, FLUID-AIRE provides all products to you “as is” without express or implied warranties of any kind including, without limitation, any: (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FLUID-AIRE’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR THE PRODUCTS. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE OF THE SITE, DATA, BUSINESS, PROFIT OR REVENUE, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
- Ownership. This Site is owned and operated by FLUID-AIRE. All right, title and interest in and to the content provided on this Site, including but not limited to text, logos, graphics, sounds and images (the “Content”) are owned or licensed by FLUID-AIRE. Except as otherwise provided, no Content may be copied, reproduced, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of FLUID-AIRE’s intellectual property rights, whether by estoppel, implication or otherwise.
- Linked Websites. The Site may contain links to websites controlled by parties other than FLUID-AIRE (each a “Linked Website”). FLUID-AIRE may work with a number of partners and affiliates whose sites are Linked to our Site but FLUID-AIRE is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Linked Website, any website accessed from a Linked Website, or any changes or updates to such sites. FLUID-AIRE makes no guarantees about the content or quality of the products or services provided by such sites. FLUID-AIRE is not responsible for webcasting or any other form of transmission received from any Linked Website. Any Linked Website link in our Site is provided to you only as a convenience, and the inclusion of any link does not imply endorsement by FLUID-AIRE of the Linked Website. You acknowledge that you bear all risks associated with access to and use of content provided on a Linked Website and agree that FLUID-AIRE is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Linked Website if you have any concerns regarding links or content located on any such Linked Website.
- IP Law Compliance. When using the Site, you agree to obey the law respecting the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit or that is provided or transmitted using your FLUID-AIRE user account.
- DMCA Notice. If you believe that any Content on the Site infringes your copyright, you may seek the removal of that Content by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to FLUID-AIRE’s designated copyright agent: Copyright Agent, Fluid-Aire Facility Safety, 550 Albion Avenue, Schaumburg, Illinois 60193 or email to firstname.lastname@example.org.
- Inappropriate Content. When accessing the Site and using any feature that allows you to post text, images and the like, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for products or services. FLUID-AIRE reserves the right to terminate or delete such content from its servers and terminate your access to the Site if you repeatedly post content that FLUID-AIRE reasonably believes infringes another party copyright or these Terms. FLUID-AIRE will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
- No Third-Party Beneficiaries. These Terms are for your sole benefit and nothing in the Site or these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
- Force Majeure. FLUID-AIRE shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, epidemics or pandemics, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
- Assignment. FLUID-AIRE may assign or otherwise transfer any or all of its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
- Partial Invalidity. In the event that any part of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
- Governing Law and Binding Arbitration. These Terms are governed by the laws of the State of Illinois without regard to its conflict of laws principles. Subject to all applicable laws, you are agreeing to give up: (a) your right to litigate any claims that may arise under these Terms in court or before a jury; and (b) your right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which cannot be amicably resolved by us shall be solely and finally settled by arbitration before a single arbitrator administered by ADR Systems in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court with proper jurisdiction. The arbitration shall take place in Cook County, Illinois. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs; provided, however, that the prevailing party shall be entitled to reimbursement for its actual costs incurred, including reasonable attorney’s fees. This Section 18 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms.
- No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
- Notices. We may provide notices to you by: (a) email; (b) regular mail; or (c) posting them on the Site in your account section. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email to email@example.com; or (ii) personal delivery, overnight courier, or registered or certified mail to: Fluid-Aire Facility Safety, 550 Albion Avenue, Schaumburg, Illinois 60193.