TERMS AND CONDITIONS
By clicking “I Agree”, you (“Customer”) and Aerovex Systems Inc. (“Aerovex”) agree that in consideration of covenants and conditions set forth in this Aerovex Marketing Program (“Agreement”), and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
INTRODUCTION.
This web site (“Site”) is owned and operated by Aerovex. By accessing, using, registering for, or purchasing products from the Site, Customer agrees to be bound by these Terms and Conditions. All visitors to and users of any aspects of Site (collectively “Users’) are bound by these Terms and Conditions. Aerovex reserves the right to make changes to this Site, our policies and these Terms and Conditions at any time. All changes are effective upon posting. By accessing, signing in or registering to use the Site, Customer accepts all the provisions of these Terms and Conditions as amended from time to time. If you are unwilling to be bound by these Terms and Conditions you should not access, use, register for, or purchase products from this Site. Customer agrees that Customer is not purchasing any product on this Site for personal, family or household use.
ELIGIBILITY.
This Site is not targeted towards or intended for use by anyone under the age of 18. By using this Site, Customer represents and warrants Customer is 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase products on this Site.
PRODUCT ORDERS.
Aerovex will use its best efforts to fulfill all product orders. Aerovex cannot guarantee the availability of any particular product displayed on the Site. Aerovex reserves the right to discontinue the sale of any product listed on the Site at any time without notice.
Aerovex reserves the right to limit quantities to the amount reasonable for our regular Customers. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling charges and state and local sales and/or use taxes, if applicable, which will be added to Customer’s total invoice price. Aerovex will automatically charge Customer’s credit card or ACH account for the products when they are ordered including shipping and handling charges and state and local sales and/or use taxes, if applicable.
Our goal is a 100% error free Site. However, we do not guarantee that any content is accurate or complete, including price information or product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to Customer.
MEMBERSHIP PAYMENTS WILL BE AUTOMATICALLY CHARGED TO CUSTOMER’S CREDIT CARD OR ACH ON FILE.
Customer’s membership will automatically renew on a recurring schedule of Customer’s choice. Aerovex will automatically charge Customer’s credit card or ACH account on the 1st of the month(s) on the cycle Customer selects and (as authorized by Customer by checking the box demonstrating Customer’s consent for automatic renewal of Customer’s Membership during the sign-up process) Aerovex will charge Customer’s credit card with the applicable amounts for the membership fees and any shipping and handling costs and state and local sales and/or use taxes that may apply to your membership payments. Customer may cancel this membership at any time from the Customer\’s account page.
CHANGES TO THE SITE.
Customer agrees and understands that the Site, including any and all features available on the Site, may be modified by Aerovex in our sole discretion, at anytime without prior notice. Unless expressly stated otherwise, any new features, services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms and Conditions.
EXCLUSIVITY.
Customer warrants that during the period of this Agreement, Customer shall purchase all of its products (which are sold by Aerovex on this web site) exclusively from Aerovex. Accordingly, during this period of exclusivity Customer shall not purchase any of its products (which are sold by Aerovex on this web site) from any company other than Aerovex.
LIMITATION ON LIABILITY.
In no event shall Aerovex or the shareholders, directors, officers, employees, agents or representatives of any of the foregoing, be liable to Customer or any third party for damages of any kind (including without limitation any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data) arising out of the use of, access to, reliance on, unavailability of, inability to use, or improper use of the site, including but not limited to any user content, reviews, advice, services, products, and other information and materials contained in or described on site, or the disclosure or misuse of any Customer’s personal information, even if they have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. In no event shall Aerovex be liable for any damages in excess of the sums paid by Customer in connection with purchasing the products on the Site during the six-month period preceding the date on which the claim arose. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.
APPLICABLE LAW AND VENUE.
Customer agrees the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between Customer and Aerovex. Customer also agrees Dane County Circuit Court Wisconsin shall be the exclusive jurisdiction and venue for any legal action.
TERMINATION OF THIS AGREEMENT.
Customer may terminate this Agreement at any time by logging on to Customer’s account within AerovexSystems.com. To terminate this Agreement, please log in to your account on the Site and select the “edit” link, next to the subscription you would like to terminate. All termination requests must be received by the first day of the month. Termination requests received after the first of the month shall take effect the following month. If you have any problems, please email info@aerovexsystems.com. Aerovex requires a reasonable amount of time to process your Termination request. If you terminate this Agreement, you will enjoy your benefits under this Agreement until the end of the then-current Agreement term, and your Agreement benefits will expire at the end of the then-current term for which Customer has paid. Customer will not be eligible for a prorated refund of any portion of the Agreement fees paid for any unused days of the then-current Agreement term. Customer will be obligated to the above Terms and Conditions until the end of the then – current term for which Customer has paid.