Terms of service
MACROAIR FANS – TERMS AND CONDITIONS
These Terms and Conditions of online use (“Terms and Conditions”) establish an agreement between the website owner and user to comply to use this site only in accordance with said Terms and Conditions. Any party that does not agree to be bound by any and all of these Terms and Conditions must below, immediately exit this site and attempt no ongoing use of the site or any features therein. Continuing to use this site constitutes acceptance in full of each and every Term and Condition herein.
I. DEFINITIONS AND SITE PROVISIONS
1. The following Definitions apply to each and every aspect of these Terms and Conditions, unless expressly stated otherwise and in such circumstances only to the extent so stated.
Use of bold text and capitalization is solely for convenience and any failure to use that form does not constitute a waiver of waiver of any definition. All Definitions include plurals, singulars, word cognates, and all other variations dictated by context.
Throughout these Terms and Conditions, headers, titles, and subtitles are for convenience only and do not carry substantive meaning.
1. “MacroAir” or “Us” means MacroAir Technologies, Inc. , and any or all of its subsidiaries, owners, or related entities, and any entity owned or controlled by MacroAir conducting authorized sales or services on behalf of MacroAir.
2. “Site” means any internet page using the Macroairfans.com Universal Record Locator (“URL”), any other URL owned or controlled by Us, any different URL arrived at via an authorized link from this Site, any Site application of any sort whatsoever, whether existing now or developed for use on the Site at a future time, and any internet based service, including but not limited to online stores associated with and provided through the Site.
3. “Use,” “Using,” all of its cognates, and any verb with a meaning equivalent to Use, means: actuating or accessing any Site page, display, or feature, including viewing or browsing; opening an account with Us; actuating or activating any Site hyperlink; making inquiries via Our contact page, placing or attempting to place any order through or originating from the Site; applying or attempting to apply for credit through the Site; any authorized or unauthorized capture of any data from the Site; any authorized or unauthorized attempt to upload or emplace content on the Site; and any all other forms of Site activity resulting from any access of or actuation of the Site by any person or entity other than MacroAir.
4. “You” and its cognates means any individual, person, business, or entity, and any of their heirs, successors, assigns, estates, or other proxies, Using or making direct or indirect Use of this Site including, without limitation, browsers, vendors, customers, merchants, and/or contributors of content.
5. “Products” means any and all equipment, tools, parts, or other tangible things offered or sold by MacroAir on this Site or as a result of, or in connection with, any Use of this Site.
6. “Services” include the Dealer Portal, the AirLifttm Dealer Marketing Program, and any other ongoing or temporary program of service or support offered by MacroAir that is not a Product. Services include any and all MacroAir proprietary programs, seasonal, temporary, occasional program, event, marketing campaign, promotions, contests, or other activities undertaken by MacroAir.
7. “Supplemental Documentation” means any separate or supplemental terms and conditions, policies, information, or documents, including information conveyed via electronic, audio, or verbal means, that apply to a Service but do not appear on the Site. Supplemental Documentation will be provided or communicated to You if they apply to a Service in which You are participating. If Your participation in said Service is in any way dependent upon or connected to Your Site Use, the Supplemental Documentation is deemed incorporated by reference into these Terms and Conditions.
8. “User Content” means any submission by You or any written, electronic, or verbal information in any format whatsoever, whether such content is solicited or unsolicited, and includes but is not limited to reviews, comments, creative ideas, suggestions, proposals, plans or other materials.
2. Offers and Acceptance
By Using this Site or any Service, including but not limited to participating in the AirLift Dealer Marketing Program, by creating an account, submitting a credit application, or purchasing any Product from MacroAir (whether or not on credit), You agree to be bound by all of the Terms and Conditions, which are part of your contract with MacroAir.
You expressly agree that Your Use of the Site or any Service is at Your own risk. The Site and any Service, are provided “as is” and “as available” for Your use, without any representation, and without warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Your purchases of any Products are likewise without any warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, except for those express Product warranties identified in the Site.
3. Changes to Terms and Conditions; Modifications; Site Updates
At any time, You can review the most current version of the Terms on this page. MacroAir reserves the right to update, change or replace any part of these Terms by posting such modifications to the Site. Such modifications will immediately change these Terms and Conditions, and your continued use of or access to ongoing Services, including but not limited to the Airlift Dealer Marketing Program (“Program”), the Dealer Portal, or purchase of Product(s) or Services on the Site, will be subject to the Terms and Conditions in effect at the time. It is Your responsibility to ensure that you are aware of the most current Terms and Conditions at the time you Use the Site or Services, or purchase any new Products or Services. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Modifications to these Terms and Conditions are permitted only in writing. The modification must be signed by MacroAir’s duly authorized representative prior to or at the time of the transaction in question. The written modification must specifically provide that MacroAir intends to alter certain Site Terms and Conditions.
MacroAir reserves the right, in its sole discretion, to change, modify, remove, or add any features, products, services, or terms offered on the Site or through any Services. This includes without limitation product information, product pricing and price information. Currently not all products have pricing listed on the Website but that is subject to change.
4. Violations of Terms and Conditions
Breach or violation of any of the Terms and Conditions may, in MacroAir’s sole discretion, result in an immediate termination of Your Services.
You must discontinue using Our Services, including but not limited to the AirLift Dealer Marketing Program, the Site and refrain from purchasing Product(s) or Services, if at any time you object to any or all of these Terms and Conditions. Notwithstanding the foregoing, no unilateral rejection of these Terms and Conditions alters or limits MacroAir’s remedies with regard to any precedent purchase agreement or other accepted offer with respect to any MacroAir Product or Service.
5. Limitations on Certain Online Products or Services
Certain Products or Services may be available exclusively online or on the Site. Such Products or Services may be available in limited quantities or may be subject to limited participation. MacroAir will notify you in writing that it is unable to fulfill an order for a Product or Service, and MacroAir will make a refund to You for any payments made via the Site or Shopify for such Products or Services that MacroAir cannot deliver. MacroAir will not be required to deliver any Products or Services You purchase in excess of available quantities.
6. No Guarantee Of Continuous Site or Service Operations
MacroAir does not guarantee, represent or warrant that Your use of the Site will be uninterrupted, timely, secure or error-free.
MacroAir does not guarantee uninterrupted, timely, secure, or error-free operation of the Site or Services. MacroAir does not warrant or guarantee that any errors in any Service will be corrected.
You agree that from time to time MacroAir may remove the Site or any Service for indefinite periods of time or cancel the Service at any time, without notice to You.
MacroAir does not warrant that the quality of the Site or any Service will meet Your expectations
7. Product or Service Availability
Prices for Products or Services are subject to change without notice.
MacroAir reserves the right to modify or discontinue any Product or Service or any part thereof without notice at any time. MacroAir will not be required to deliver any Products or Services You purchase in excess of available quantities.
MacroAir is not liable to You or to any third party for any modification, price change, suspension or discontinuance of any Product or Service.
MacroAir makes reasonable efforts to display product colors and images accurately on the Site, but cannot guarantee exact representation.
MacroAir reserves the right to limit, in its sole discretion, the quantities of any Products or participation in any Service.
MacroAir reserves the right to limit, in its sole discretion, sales of Products or Services to any person, geographic region or jurisdiction.
MacroAir reserves the right to limit, in its sole discretion, change the description or scope of any Product and Service without prior notice.
MacroAir reserves the right to limit, in its sole discretion, discontinue any product at any time.
MacroAir reserves the right in its sole discretion to correct typographical errors, inaccuracies, or other errors or omissions relating to Product and Service descriptions, pricing, promotions, offers, product shipping charges, transit time, and availability.
8. Prohibited Acts
By Using the Site or Our Services, You agree not undertake any of the following actions without Our express written prior permission:
Reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or any Service; or
Use the Site, any Service, or any contact on the Site or any Service in a manner inconsistent with the terms thereof.
You further agree not to engage any of Prohibited Acts enumerated below:
Using the Site or Programs, or their contents:
1) For any unlawful purpose;
2) To solicit others to perform or participate in any unlawful acts;
3) To violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
4) To infringe upon or violate intellectual property rights or the intellectual property rights of others;
5) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6) To submit false or misleading information;
7) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet;
8) To collect or track the personal information of others;
9) To spam, phish, pharm, pretext, spider, crawl, or scrape;
10) For any obscene or immoral purpose; or
11) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
MacroAir reserves the right to terminate Your use of the Site or any Service if, even in the absence of intention or fault, You, anyone acting at your direction, or anyone using your account or credentials, commits any Prohibited Act.
9. User Content Submissions
Comments and Submissions
MacroAir is under no obligation to read, review, maintain, keep confidential, or consider any User Content, whether solicited or unsolicited. You are required to keep any User Content submitted to us, whether unsolicited or solicited, free from Personal Identifying Information other than in connection with using a Service, purchasing a Product, or making a credit application.
If MacroAir chooses in its sole discretion to use your You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Us, without your prior review or consent. by You We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We are under no obligation to compensate you or keep such submissions confidential.
We reserve the right, but do not assume the obligation, to monitor, edit and remove content we deem unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by your or any third party.
10. Confidential Information and Privacy Policy.
MacroAir will always encrypt prior to transmission any of Your credit card information. MacroAir will also comply with any law requiring encryption or protection of any Personal Identifying Information (“PII”) required by law to be protected. For MacroAir’s Privacy Policy, please click on this HYPERINK.
MacroAir or its vendors or agents may transfer unencrypted any other information You submit, including without limitation content submitted to MacroAir via “Contact Us” message, email, or other electronic means over any networks. MacroAir may make changes to any of Your content to conform and adapt to technical requirements of connecting networks or devices.
11. Optional Site Tools
We may provide You with access to third-party tools on the Site over which We neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. MacroAir shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.
Any use by You of optional tools offered through the Site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, 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 and Conditions.
Any new features or tools which may be added to the current store by Shopify or by Us shall be subject to these Terms and Conditions.
12. Third Party Links
Certain content, Products and Services available via the Site may include materials from third parties. Third party links on this site may direct You to third party websites that are not affiliated with Us. MacroAir is not in any way responsible for, and does not warrant, the content or accuracy of any such site. MacroAir has no liability or responsibility for any third party materials, websites, products, services. MacroAir is not liable for any harm or damages related to any purchase or use of third party goods, services, resources, content, or any other transactions made in connection with any third parties or their websites.
II. ONLINE PRODUCT PURCHASES
13. Exclusivity and Acceptance of Terms
These Terms are the sole Terms and Conditions governing all purchases of MacroAir products and services by You. Any contrary or additional Terms provided in a purchase order or other communication(s) from You are rejected and will not apply unless specifically accepted in writing by MacroAir in writing.
Your Use of Our online store and or any other sale of Products or Services initiated, completed, or connected to the Site results in an agreement between You and MacroAir that is subject to these Terms and Conditions, except as may be otherwise agreed in writing by MacroAir prior to or at the time of sale.
For any sale or transaction initiated on, or connected to, the Site, the In the event of a conflict between or inconsistency with any part of the Site Terms and Conditions and any term or condition in any provision in any other document, including but not limited to a document (such as a written purchase order) provided by MacroAir, these Site Terms and Conditions will govern and prevail.
Reservation of Right to Refuse Order. 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 customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
MacroAir reserves the right to refuse or cancel orders at any time for any reason, including suspected fraud or non-payment.
14. Online Store Terms
User Eligibility
By using Our Site and Services, You represent and acknowledge that You are at least the age of majority in Your state or province of residence or older. It is Your responsibility to ensure that no unauthorized person, including a person not of the age of majority, makes use of Your account. You must notify Us immediately if You discover any unauthorized Use of Your account, even if there has been no unauthorized transaction undertaken without Your consent. You must take steps to secure Your account in the event of an unauthorized Use.
We reserve the right to refuse to sell Products or Services to anyone for any reason at any time.
Use of Shopify Inc.
Our store is hosted on Shopify Inc. They provide Us with the online e-commerce platform that allows Us to sell Our Products and Services to You. Conditions of use of the Shopify platform may apply to the transaction.
Shopify terms or conditions do not modify these exclusive Terms and Conditions applicable to Your Use of the Site or any transaction between MacroAir and You regarding or Our Products and Services. Any inconsistent or conflicting provisions or terms offered by Shopify will not bind MacroAir unless specifically accepted by MacroAir in writing prior to or at the time of the transaction.
15. Product Price Adjustments
Prices may change without notice. If MacroAir issues a formal written quote or order acknowledgment, and the price changes prior to shipment, MacroAir reserves the right in its sole discretion to adjust the invoice to reflect current pricing; however, MacroAir will notify You in writing of such an adjustment applies, and You may cancel the order before shipment if you object.
16. Warranties
MacroAir Official Product Warranties
MacroAir warrants that its Products shall be free from defects in material and workmanship under normal use. Warranty periods are established and honored by model specifications. For information about MacroAir’s Warranty Policies visit HYPERLINK. MacroAir fully adopts and incorporates into each sale each and every individual model specifications’ Warranty Information page and/or Manual as if fully set out herein.
MacroAir’s product warranties are strictly limited to those set out in Paragraphs 5.1(a). Unless otherwise specified in writing, there are no express or implied warranties other than those set forth in MacroAir’s official warranty policies linked to the Site. Without limiting the foregoing, MacroAir specifically disclaims any and all implied warranties of merchantability or fitness for a particular purpose.
MacroAir’s obligations under any warranty are conditioned upon receipt of full payment of all amounts due. If Your account is past due, MacroAir has no warranty obligations during the period of non-payment, and such delay does not extend the warranty term.
MacroAir does not warrant that the quality of any Product purchased or obtained by You will meet Your expectations.
17. Inspection and Rejection of Nonconforming Goods
- Inspection Period: You must inspect the goods promptly upon receipt. If You believe goods are nonconforming or short, You must notify MacroAir in writing within five (5) business days of receipt.
- Nonconforming Goods: “Nonconforming” means (a) goods that differ substantially from the agreed-upon specifications or (b) short shipments.
- Exclusive Remedy: If you timely notify MacroAir of nonconformance, MacroAir shall, at its option, (i) replace nonconforming goods, or (ii) issue a credit or refund for the nonconforming portion. Failure to provide timely written notice shall be deemed acceptance of the goods.
- In no event shall MacroAir be liable for cost of processing, lost profits, injury to goodwill, penalties, or any special, consequential, or incidental damages.
18. Limitation of Liability
Exclusion of Certain Damages
Under no circumstances shall MacroAir (including its directors, officers, employees, affiliates, contractors, interns, suppliers, service providers, licensors or agents) be liable for any injury, loss, claim, direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability, or otherwise arising from the use of or inability to use the Site, Programs, Products, or Services—even if advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
19. Shipping, Delivery, and Acceptance
Shipping and Handling
Except where otherwise agreed by MacroAir in writing, You are responsible for freight, transportation, insurance, shipping, storage, handling, and related charges. If these charges are included in the purchase price, any rate increases after the invoice date are at your expense.
We primarily use the following carriers to deliver your orders:
(i) Old Dominion Freight Line for large and bulk items. Estimated time for delivery typically 3-10 business days, depending on the destination.
(ii) UPS (United Parcel Service): For international shipments LTL and FTL, and smaller packages and individual parts. Estimated time for delivery typically 2-7 business days, depending on the destination.
Delivery delays can occasionally occur due to unforeseen circumstances such as weather conditions, customs delays, or other disruptions. Shipping and handling timelines are estimates only. MacroAir shall not be responsible or deemed in breach of its agreement with You for reasonable, foreseeable variances from estimates. MacroAir shall not be liable or responsible to You, nor be deemed to have defaulted or breached this any agreement with You, caused by an event of Force Majeure as defined in Title IV below.
Shipping rates are calculated based off of geographic location from our California facility and are a flat rate, or in some cases manually quoted.
All product lead times vary and are subject to change. Current product lead times can be found on each product page. Orders are not shipped or delivered on weekends or holidays. If We experience a high volume of orders, shipments may be delayed. Please allow additional days in transit or delivery.
You will receive a Shipment Confirmation email once Your order has shipped containing Your tracking number(s). The tracking number will be active within 2 business days, excluding holidays.
Currently, MacroAir do not ship outside of the United States for ecommerce orders. If You wish to purchase product(s) to be shipped overseas, please visit MacroAirFans.com and fill out our Contact Us form on the Contact Us page.
20. Taxes
You are responsible for all sales, excise, or similar taxes unless expressly exempted by law. MacroAir may collect such taxes where required.
21. Partial Shipments
MacroAir reserves the right to make partial shipments. Each shipment constitutes a separate sale, and you shall pay for goods shipped whether in whole or in partial fulfillment of your order.
22. Buyer’s Failure to Accept Delivery
If you fail to accept delivery or provide necessary instructions, documents, or authorizations when goods are ready for shipment, (a) risk of loss immediately passes to You. Under those circumstances, MacroAir may deem the goods delivered or store them for a reasonable time at your expense (including storage and insurance costs), but MacroAir has no obligation to store your shipment.
23. Title and Risk of Loss
Unless otherwise stated in writing, title and risk of loss pass to You upon delivery to the FOB point specified (normally San Bernardino, CA). You must pick up or arrange transport for your shipment as title and risk of loss will transfer to You on the date Your shipment is made available to the carrier.
MacroAir is not liable for any product(s) damaged or lost during shipping. If you received Your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.
24. Payment Terms
Credit Application
By submitting a credit application, You authorize MacroAir to make inquiries into your banking and business/trade references.
MacroAir reserves the right to approve or deny credit at our sole discretion.
Payment Terms
Payment is calculated based on FOB San Bernardino, California, unless otherwise specified in a written agreement.
Discount of 1%/10 Net 30: Payment is due 30 days from invoice date, with a 1% discount available if paid within 10 days.
Credit Card Transactions: A 3.0% transaction fee applies to any order paid via credit card. However, for prepaid orders (paid in advance and not yet shipped), MacroAir waives transaction fees.
Late Payment Finance Charge: Past due balances accrue interest at 1.5% per month (or the highest rate allowed by law), starting from the invoice date.
Revocation of Credit: If you fail to make timely payments or if MacroAir deems there has been a material adverse change in your financial condition, MacroAir may revoke credit and require payment before further shipments.
Billing Accuracy: You agree to provide current, complete, and accurate purchase and account information for all MacroAir product purchases. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.
25. Purchase Money Security Interest
To secure payment of all amounts due, you hereby grant MacroAir a purchase money security interest in any products sold under these Terms, together with all proceeds (including insurance proceeds). You agree to execute any documents reasonably necessary for MacroAir to perfect and maintain its security interest.
26. No Right of Set-Off
You shall not withhold or set off any amounts (whether arising from alleged defects, counterclaims, disputes, or otherwise) against amounts invoiced by MacroAir unless MacroAir specifically agrees in writing.
III. GENERAL PROVISIONS
These General Provisions are applicable to all Terms and Conditions.
27. Personal Information and Privacy
Your submission of personal information through the store is governed by our Privacy Policy (available on our Site). Please review it carefully.
28. Force Majeure
MacroAir shall not be liable or responsible to You, nor be deemed to have defaulted or breached this any agreement with You, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.
29. ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO TRIAL AND RIGHT TO JURY
Read this section carefully. IMMEDIATELY EXIT THE SITE IF YOU DO NOT AGREE TO THE FOLLOWING:
BY ENTERING INTO THIS AGREEMENT AS SET FORTH IN THE TERMS AND CONDITIONS, YOU ARE FOREVER WAIVING AND GIVING UP ANY AND ALL RIGHT TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY. YOU ARE FOREVER WAIVING AND GIVING UP ANY AND ALL RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
CERTAIN OTHER RIGHTS, SUCH AS THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL THAT ARE OTHERWISE AVAILABLE IN A LAWSUIT FILED IN COURT, MAY BE UNAVAILABLE OR LIMITED IN AN ARBITRATION.
Agreement to Informal Dispute Resolution and Binding Arbitration
Any dispute, claim or controversy (that is not resolved informally as set forth below) between You and MacroAir, MacroAir’s agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for the purposes of this section, “MacroAir”) arising from or relating in any way to: (1) these Terms and their interpretation or the breach termination or validity thereof, and the relationships which result from these Terms; (2) Your use of the Site; or (3) any Products, Services, or programs sold or conducted by MacroAir, (collectively, “Covered Disputes”) will exclusively be resolved by binding arbitration. Covered Disputes shall be interpreted broadly. The arbitration will take place in San Bernardino, California, under the rules of the American Arbitration Association in effect at the time the Covered Dispute arises.
Mandatory Informal Dispute Resolution.
MacroAir values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, You agree to send a detailed notice (“Notice”) to MacroAir by email at notifications@macroairfans.com. If MacroAir has a dispute with You, MacroAir agrees to fist send a detailed Notice to your e-mail address on file with Us. Your Notice must contain all of the following information:
1) Your full name;
2) Your address, telephone number and email address;
3) Information sufficient for MacroAir to identify any transaction at issue (e.g., Your order number, order confirmation communication, etc.); and
4) A detailed description of Your dispute, the nature and basis of Your claim(s), and the nature and basis of the relief You are seeking with a calculation for it.
You must personally sign this Notice.
MacroAir’s Notice will likewise set forth:
1) Information sufficient for You to identify any transaction at issue; and
2) A detailed description of Our dispute, the nature and basis of Our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.
You and MacroAir agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to Your satisfaction without the need for a formal proceeding. Should MacroAir request a telephone conference with you in an effort to resolve Your dispute as part of this informal process, You agree to personally participate (with Your counsel if You are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, You or MacroAir may initiate an arbitration.
Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process.
Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by You or MacroAir. A court shall have the authority to enjoin the filing or prosecution of arbitration without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.
If you do not initiate arbitration within the specified time, you waive any right to claim or dispute arising from the transaction or these Terms.
30. Governing Law
These Terms and Conditions and any transactions between MacroAir and You regarding the Products, Services, or the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles.
31. Indemnification
You agree to indemnify, defend, and hold harmless MacroAir, Our parent, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, interns and employees and suppliers from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of (a) any act or omission by You, Your employees, Your agents, or any party under Your direction or acting on behalf of You, including with respect to installation or maintenance and personal injury or death to any person (including Your employee) and damage to property, including products or services; (b) Your breach of these Terms or the documents they incorporate by reference, (c) Your violation of any law or the rights of a third party, or (d) Your misuse of the Site, Programs or products.
32. Termination
Termination by You
You may terminate these Terms at any time by discontinuing use of our Site and notifying Us that you no longer wish to engage in Our services. You remain responsible for all amounts due up to and including the date of termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Termination by MacroAir
We may terminate or suspend Your access to our Site or, subject to applicable law, Your credit privileges at any time for any reason (e.g., breach of these Terms, suspected fraud, or non-payment), without prior notice.
Upon termination, your obligations and liabilities accrued prior to the termination survive (e.g., amounts you owe, limitations of liability, dispute resolution provisions).
33. Entire Agreement; Severability; Savings Clause
Entire Agreement
These Terms and Conditions, along with any Supplemental Documentation constitute the entire agreement between you and MacroAir, superseding all prior or contemporaneous communications and proposals.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Parties hereto are deemed to be sophisticated and knowledgeable as to any and all Use of this Site, including but not limited to any Use of Services or purchase of Products. Ambiguities in the Terms and Conditions shall not be construed against MacroAir.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Compliance with Laws
You shall comply with all federal, state, local, and international laws and regulations applicable to your purchase, use, and/or resale of MacroAir products. You are responsible for all export and import compliance, including licensing, permits, and duties where applicable. MacroAir may suspend or terminate sales if you breach this section.
34. Confidentiality
Any non-public, confidential, or proprietary information that MacroAir discloses to you, whether orally or in written or electronic form, must be kept strictly confidential and used solely for the purpose of fulfilling your obligations under these Terms. You may not disclose such information without MacroAir’s prior written consent.
You also specifically agree to keep confidential any proprietary information, including MacroAir AirLift™ Marketing Program and dealer training program details, pricing, customer data, trade secrets, and technical information, disclosed to You.
35. No Assignment
You may not assign or delegate any rights or obligations under these Terms without the prior written consent of MacroAir. Any purported assignment without consent is null and void.
36. No Third-Party Beneficiaries
These Terms are solely for the benefit of You and MacroAir, and no other person or entity shall have any rights or remedies under or by reason of these Terms.
37. Notices
All notices or other communications required or permitted under these Terms must be in writing and addressed to the parties at their respective addresses set forth on the invoice, credit application, or other agreement. Notices are deemed given when:
1) Delivered personally or by courier with proof of delivery;
2) Sent by email with proof of transmission, followed by a physical copy;
3) Mailed by certified or registered mail, return receipt requested, postage prepaid (effective upon receipt).
38. Survival of Obligations
Any provision of these Terms and Conditions which, by its nature, should apply beyond its term will remain in force after any termination or expiration, including but not limited to indemnification, warranties/disclaimers, limitations of liability, arbitration agreement, dispute resolution, confidentiality, and compliance with laws.
39. MacroAir Contact Information
All inquiries as to these Terms and Conditions should be addressed to MacroAir at the following address:
MacroAir Technologies, Inc.
201 W Everman Parkway
Fort Worth, TX 76134
Phone: (866) 668-3247
Fax: (909) 804-5002
Email: notifications@macroairfans.com