OscarAir, Inc. and CommercialAirCleaner.net Inc Website Agreement
The CommercialAirCleaner.net website (the
"Service") provided by OscarAir, Inc. is an online information and
communications service subject to your compliance with the terms and
conditions set forth below including, all exhibits hereto.
Please read this Agreement
carefully before accessing or using the Service. By accessing or
using the Service, you agree to be bound by the terms and conditions
set forth below. If you do not wish to be bound by these terms and
conditions, you may not access or use the Service. OscarAir, Inc. may
modify this Agreement at any time, and such modifications shall be
effective immediately upon posting of the modified Agreement. You
agree to review the Agreement periodically to be aware of such
modifications and your continued access or use of the Service shall
be deemed your conclusive acceptance of the modified Agreement.
Intentions. Information presented in this online
website is intended to provide general understanding and
knowledge of air quality related products which can be purchased
online or by telephone. The information is compiled from a
variety of sources ("information providers") but should not be
considered complete and should not be used in place of operating
manuals, federal and international standards, consultation or
advice from a physician, official government recognized
regulatory agencies such as EPA and OSHA, or original
manufacturers of products and equipment. OscarAir, Inc. does not
promote or recommend any particular form of air quality product
or use of technology. Information obtained by using the OscarAir,
Inc.s' websites, including but not limited to
CommercialAirCleaner.net, is not exhaustive and does not cover
health treatments; prevention of medical conditions; self
management of environmental safety; or other indoor air quality
uses. OscarAir, Inc. makes no warranty as to the reliability,
accuracy, timeliness, usefulness, or completeness of the
information. OscarAir, Inc., other sponsors or "information
providers" of the OscarAir, Inc. cannot and do not warrant
against human and machine errors, omissions, delays,
interruptions, or losses, including loss of data. Should you
have any environmental safety-related questions, please contact
your local OSHA or EPA agency promptly. You should never
disregard OSHA, EPA or a physician's advice or delay in seeking
it because of something you have read on this website.
Trademarks.
"CommercialAirCleaner.net" and the "OscarAir, Inc." design are
registered trademarks of OscarAir, Inc. in the United States and
other countries. Other marks which appear on this Web site may
be marks of third parties that are not affiliated with OscarAir,
Inc.
Copyright, Licenses and Idea Submissions.
The entire contents of the Service are copyrighted under the United
States copyright laws. The owner of the copyright is OscarAir, Inc. You
may print and download portions of material from the different areas
of the Service solely for your own non-commercial use. You may make:
(a) one machine readable copy, (b) one backup copy, and (c) one
print copy of any portions of material downloaded from the different
areas of the Service solely for your non-commercial use. Any other
copying, redistribution, retransmission or publication of any
downloaded material, is strictly prohibited without the express
written consent of OscarAir, Inc. or any third party information provider
to the Service. You agree not to change or delete any proprietary
notices from materials downloaded from the Service. You agree to
grant to OscarAir, Inc. a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to public areas of the Service
(such as bulletin boards, forums and newsgroups) by all means and in
any media now known or hereafter developed. You also grant to
OscarAir, Inc. the right to use your name in connection with the submitted
materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against OscarAir, Inc. for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to us.
Use of the Service. You understand that, except for
information, products or services clearly identified as being
supplied by OscarAir, Inc., OscarAir, Inc. does not operate, control or endorse
any information, products or services on the Internet in any way.
Except for OscarAir, Inc. -identified information, products or services,
all information, products and services offered through the Service
or on the Internet generally are offered by third parties that are
not affiliated with OscarAir, Inc. You also understand that OscarAir,
Inc.
cannot and does not guarantee or warrant that files available for
downloading through the Service will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and
for maintaining a means external to the Service for the
reconstruction of any lost data. You assume total responsibility
and risk for your use of the Service and the Internet. OscarAir, Inc. does
not make any express or implied warranties, representations or
endorsements whatsoever (including without limitation warranties of
title or noninfringement, or the implied warranties of
merchantability or fitness for a particular purpose) with regard to
the Service, any merchandise, information or service provided
through the Service or on the Internet generally, and OscarAir, Inc. shall
not be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise and other information
provided through the Service or on the Internet generally. OscarAir,
Inc.
does not warrant that the Service will be uninterrupted or
error-free or that defects in the Service will be corrected. The
Service and any software made available on the Service are provided
on an "as is, as available" basis.
In no event will OscarAir, Inc.
be liable for (I) any incidental, consequential, or indirect damages
(including, but not limited to, damages for loss of profits,
business interruption, loss of programs or information, and the
like) arising out of the use of or inability to use the Service, or
any information, or transactions provided on the Service or
downloaded or hyperlinked from the Service, even if OscarAir, Inc. or its
authorized representatives have been advised of the possibility of
such damages, or (II) any claim attributable to errors, omissions,
or other inaccuracies in the Service and/or materials or information
downloaded through, or hyperlinked from, the Service. because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not
apply to you. In such states, OscarAir, Inc.'s liability is limited to the
greatest extent permitted by law.
Indemnification. You agree to indemnify, defend and hold
harmless OscarAir, Inc., its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to
the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement by you.
Third Party Rights.
The provisions of paragraphs 3 (Use of the Service), and 4
(Indemnification) are for the benefit of OscarAir, Inc. and its officers,
directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
Term Termination. This Agreement may be
terminated by either party without notice at any time for any reason; provided
that you may no longer use the Service after you have terminated this Agreement.
The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3
(Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous. This Agreement shall all be
governed and construed in accordance with the laws of the State of South
Carolina
applicable to agreements made and to be performed in South Carolina . You agree that
any legal action or proceeding between OscarAir, Inc. and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in
South Carolina. Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. OscarAir, Inc.'s failure to insist upon
or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of this
Agreement. OscarAir, Inc. may assign its rights and duties under this Agreement to
any party at any time without notice to you.