Website Terms of Use
Effective Date: April 21, 2026
These Website Terms of Use (“Terms”) set forth a legally binding agreement between you and Onterris, Inc. (the “Company”) when you visit our website, https://onterris.com/ (the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING COMPANY’S LIABILITY (SECTION 6) AND REQUIRING YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS (SECTION 8(C)).
In some instances, both these Terms and separate terms setting forth additional conditions may apply to specific features or services offered through the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
PLEASE READ THESE TERMS BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.
1. USE OF THE SITE
A. Content
The Site may contain (i) materials and other items relating to Company, including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
All rights, title, and interest in and to the Site and the Content are the property of Company, its licensors, or certain other third parties and are protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property laws and unfair competition rights and laws, to the fullest extent possible.
B. Limited License
Subject to your strict compliance with these Terms, Company grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Site for its intended purposes, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not provide you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
C. Prohibited Uses
You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not (i) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Company; (ii) harvest any information from the Site or Content; (iii) infringe any intellectual property or other right of any third party; (iv) reverse engineer or modify the Site or Content; (v) interfere with the proper operation of the Site or its security features; (vi) use the Site or Content in a manner that suggests an unauthorized association with Company or any other party, or is beyond the scope of the limited license granted to you; or (vii) otherwise violate these Terms.
D. Reservation of All Rights
All rights not expressly granted to you are reserved by Company and its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.
2. ACCESS TO THE SITE
A. Restrictions
If you access or use the Site, you represent that you are at least 18 years of age and possess the legal authority to enter into a legally binding agreement with Company.
Your use of the Site may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations, (b) will not transfer software, technology, or other technical data via the Site to export-prohibited parties or countries, (c) will not use the Site for military, nuclear, missile, chemical, or biological weaponry end uses in violation of United States export laws, (d) will not access or use the Site from a country or region that is targeted for comprehensive trade sanctions by the United States government, and (e) will not transfer, upload, or post via the Site any software, technology, or other technical data in violation of United States or other applicable export or import laws
B. Availability of the Site
The Site may be unavailable, interrupted, or suspended from time to time for any reason, including for example, routine maintenance. Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, availability, and equipment needed for access or use.
C. Suspension; Termination
Company reserves the right to, with or without prior notice, suspend or terminate your access to the Site for any reason, in our sole discretion, if you have violated these Terms. Upon termination of your access to the Site, or upon notice from Company, all rights granted to you under these Terms will cease immediately, and you shall immediately discontinue use of the Site.
D. Modification of the Site
We reserve the right at any time to change, modify, or discontinue the Site (or any part or Content thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. We may, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
3. PRIVACY
All personal information that you provide to us in connection with your use of the Site is collected, stored, used, and disclosed by Company in accordance with our Privacy Policy, which is incorporated into these Terms. By using the Site, you consent to our data practices described in the Privacy Policy.
4. ACCURACY OF INFORMATION ON THE SITE
Company will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and other matters. Company reserves the right to correct any errors and to update Site information at any time.
Company assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Site. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.
5. WARRANTY DISCLAIMER
THE SITE, THE CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, FREEDOM FROM MALWARE, AND RELIABILITY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES (“COMPANY PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR RELATED TO THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH YOUR USE OF THE SITE. THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU WHILE USING THE SITE OR ONE HUNDRED U.S. DOLLARS (USD $100.00). EXCEPT WHERE EXPRESSLY PROHIBITED BY STATUTE, COMPANY SHALL NOT BE LIABLE FOR STATUTORY DAMAGES IN RELATION TO ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO STATUTORY DAMAGES OTHERWISE PROVIDED UNDER THE CALIFORNIA INVASION OF PRIVACY ACT.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company Parties, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, made by any third party arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; or (iv) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of the Company.
8. DISPUTE RESOLUTION & CLASS ACTION WAIVER
A. Applicability
YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY PARTIES (AND ANY OTHER RELEASED PARTY), AND COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE.
B. DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION
In the unlikely event that a disagreement, dispute, claim, or controversy at law or equity in connection with these Terms, Additional Terms, or use of the Site (collectively, “Dispute”) arises between you and Company, before initiating any action, you and Company each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the Dispute and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be emailed to [email protected] so that we may work in good faith to find a mutually agreeable solution. Only if the Dispute cannot be resolved as described above within sixty (60) days, may you or Company commence a lawsuit.
C. NO CLASS ACTIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
D. Limited Time to File Claims
ANY LEGAL ACTION RELATING TO A DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF ACTION OR CLAIM ARISES.
9. GOVERNING LAW, JURISDICTION, AND VENUE
These Terms and any Disputes, including those arising out of or relating to formation, validity, interpretation, performance, breach, or termination, shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of laws principles. The parties irrevocably agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts in and for Pulaski County, Arkansas, and you consent and agree to the personal jurisdiction and venue of these courts.
10. REFUNDS AND CANCELLATIONS
The refund and cancellation terms for Home Air Check are available here. California consumers who have any concerns about our services may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
11. THIRD-PARTY SITES AND OTHER INFORMATION
The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Company has no control or responsibility. Company has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available through the Site. These other websites are not under Company’s control, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link is for convenience only, and does not imply endorsement of any website by Company or any association with its operators.
12. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the revised Terms on this page and changing the Effective Date. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.
13. MISCELLANEOUS
A. Entire Agreement; No Waiver
These Terms, along with any referenced documents, form the complete understanding between the parties, superseding all prior agreements or discussions. Except as expressly set forth in these Terms, (i) no failure or delay by Company in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Company.
B. Severability; Interpretation; Assignment
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
C. Investigations; Cooperation with Law Enforcement
Company reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Company may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
D. Electronic Communications
We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and Company. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.
14. CONTACT US
If you have any questions regarding these Terms, please contact us at: [email protected].
These Website Terms of Use (“Terms”) set forth a legally binding agreement between you and Onterris, Inc. (the “Company”) when you visit our website, https://onterris.com/ (the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING COMPANY’S LIABILITY (SECTION 6) AND REQUIRING YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS (SECTION 8(C)).
In some instances, both these Terms and separate terms setting forth additional conditions may apply to specific features or services offered through the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
PLEASE READ THESE TERMS BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.
1. USE OF THE SITE
A. Content
The Site may contain (i) materials and other items relating to Company, including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
All rights, title, and interest in and to the Site and the Content are the property of Company, its licensors, or certain other third parties and are protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property laws and unfair competition rights and laws, to the fullest extent possible.
B. Limited License
Subject to your strict compliance with these Terms, Company grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Site for its intended purposes, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not provide you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
C. Prohibited Uses
You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not (i) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Company; (ii) harvest any information from the Site or Content; (iii) infringe any intellectual property or other right of any third party; (iv) reverse engineer or modify the Site or Content; (v) interfere with the proper operation of the Site or its security features; (vi) use the Site or Content in a manner that suggests an unauthorized association with Company or any other party, or is beyond the scope of the limited license granted to you; or (vii) otherwise violate these Terms.
D. Reservation of All Rights
All rights not expressly granted to you are reserved by Company and its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.
2. ACCESS TO THE SITE
A. Restrictions
If you access or use the Site, you represent that you are at least 18 years of age and possess the legal authority to enter into a legally binding agreement with Company.
Your use of the Site may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations, (b) will not transfer software, technology, or other technical data via the Site to export-prohibited parties or countries, (c) will not use the Site for military, nuclear, missile, chemical, or biological weaponry end uses in violation of United States export laws, (d) will not access or use the Site from a country or region that is targeted for comprehensive trade sanctions by the United States government, and (e) will not transfer, upload, or post via the Site any software, technology, or other technical data in violation of United States or other applicable export or import laws
B. Availability of the Site
The Site may be unavailable, interrupted, or suspended from time to time for any reason, including for example, routine maintenance. Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, availability, and equipment needed for access or use.
C. Suspension; Termination
Company reserves the right to, with or without prior notice, suspend or terminate your access to the Site for any reason, in our sole discretion, if you have violated these Terms. Upon termination of your access to the Site, or upon notice from Company, all rights granted to you under these Terms will cease immediately, and you shall immediately discontinue use of the Site.
D. Modification of the Site
We reserve the right at any time to change, modify, or discontinue the Site (or any part or Content thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. We may, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
3. PRIVACY
All personal information that you provide to us in connection with your use of the Site is collected, stored, used, and disclosed by Company in accordance with our Privacy Policy, which is incorporated into these Terms. By using the Site, you consent to our data practices described in the Privacy Policy.
4. ACCURACY OF INFORMATION ON THE SITE
Company will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and other matters. Company reserves the right to correct any errors and to update Site information at any time.
Company assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Site. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.
5. WARRANTY DISCLAIMER
THE SITE, THE CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, FREEDOM FROM MALWARE, AND RELIABILITY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES (“COMPANY PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR RELATED TO THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH YOUR USE OF THE SITE. THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU WHILE USING THE SITE OR ONE HUNDRED U.S. DOLLARS (USD $100.00). EXCEPT WHERE EXPRESSLY PROHIBITED BY STATUTE, COMPANY SHALL NOT BE LIABLE FOR STATUTORY DAMAGES IN RELATION TO ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO STATUTORY DAMAGES OTHERWISE PROVIDED UNDER THE CALIFORNIA INVASION OF PRIVACY ACT.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company Parties, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, made by any third party arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; or (iv) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of the Company.
8. DISPUTE RESOLUTION & CLASS ACTION WAIVER
A. Applicability
YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY PARTIES (AND ANY OTHER RELEASED PARTY), AND COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE.
B. DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION
In the unlikely event that a disagreement, dispute, claim, or controversy at law or equity in connection with these Terms, Additional Terms, or use of the Site (collectively, “Dispute”) arises between you and Company, before initiating any action, you and Company each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the Dispute and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be emailed to [email protected] so that we may work in good faith to find a mutually agreeable solution. Only if the Dispute cannot be resolved as described above within sixty (60) days, may you or Company commence a lawsuit.
C. NO CLASS ACTIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
D. Limited Time to File Claims
ANY LEGAL ACTION RELATING TO A DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF ACTION OR CLAIM ARISES.
9. GOVERNING LAW, JURISDICTION, AND VENUE
These Terms and any Disputes, including those arising out of or relating to formation, validity, interpretation, performance, breach, or termination, shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of laws principles. The parties irrevocably agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts in and for Pulaski County, Arkansas, and you consent and agree to the personal jurisdiction and venue of these courts.
10. REFUNDS AND CANCELLATIONS
The refund and cancellation terms for Home Air Check are available here. California consumers who have any concerns about our services may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
11. THIRD-PARTY SITES AND OTHER INFORMATION
The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Company has no control or responsibility. Company has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available through the Site. These other websites are not under Company’s control, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link is for convenience only, and does not imply endorsement of any website by Company or any association with its operators.
12. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the revised Terms on this page and changing the Effective Date. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.
13. MISCELLANEOUS
A. Entire Agreement; No Waiver
These Terms, along with any referenced documents, form the complete understanding between the parties, superseding all prior agreements or discussions. Except as expressly set forth in these Terms, (i) no failure or delay by Company in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Company.
B. Severability; Interpretation; Assignment
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
C. Investigations; Cooperation with Law Enforcement
Company reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Company may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
D. Electronic Communications
We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and Company. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.
14. CONTACT US
If you have any questions regarding these Terms, please contact us at: [email protected].