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Terms of Use

 Updated 11/02/21

Terms of Use


Introduction


This website is owned and operated by RevAir, LLC and its affiliates (“RevAir”). This Terms of Use, and all referenced terms, (collectively, the "Agreement") is a legal agreement made by and between RevAir and you.  This Agreement governs your use of the RevAir website and any materials, data, and information that you access through the website (collectively, the "Website").  This Website is provided by RevAir for your informational purposes, so you can shop for our products, and for your personal entertainment. Your access and use of this Website is subject to the following terms and conditions and all applicable laws. By using this Website or downloading materials from this Website, you agree to abide by the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions, please do not use the Website or download materials from the Website.


RevAir reserves the right to modify this Agreement at any time in its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified Agreement on the Website. Your continued access or use of this Website constitutes acceptance of the terms and conditions stated in the Agreement at the time of access or use.


RevAir reserves the right to change or delete the contents of this Website at its sole discretion, including, but not limited to specifications, prices, or designs of its products at any time without notice. RevAir may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.


If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in this Agreement, you may not enter into this agreement or use this Website. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Website, you may not enter into this Agreement or use this Website.  By using this Website you are explicitly stating that you have verified in your own jurisdiction if your use of this Website is allowed.


Ownership


As between you and RevAir, any and all copyright, patent, trademark, service mark and other intellectual property or proprietary rights ("Intellectual Property") associated with the Website are the sole property of RevAir or its affiliates.  RevAir grants you a non-exclusive, non-transferable, non-assignable limited right to use the contents of this Website for your personal use.  This authorization is not a transfer of title to these materials and does not confer any rights in these materials to you.  Any unauthorized use of this Website will terminate your limited right immediately and you will be responsible for any violation of law, including any trademark, trade name or copyright laws that may result.


This Website, including all material on this Website, is copyrighted by RevAir unless otherwise noted and may not be used except as provided in this Agreement or in the text on this Website without the express written permission of RevAir. RevAir shall retain the exclusive right, title and interest in and to any material you see, read, experience or download from this Website, including all Intellectual Property rights contained therein. RevAir does not represent or warrant to you that your use of materials displayed on this Website will not infringe the rights of other third parties who are not owned by or otherwise affiliated with RevAir. You agree to comply with all trademark and copyright laws worldwide in your use of this Website and to prevent any unauthorized copying or use of the materials on this Website.


You may not distribute, modify, broadcast, transmit, reuse, report, or otherwise use the contents of this Website for public or commercial purposes, or copy or post the material displayed on this Website on any network computer or server, including the text, images, audio, and video without RevAir's written permission.


Privacy


RevAir may collect information about the users of its Website. Collection of this information is governed by the RevAir Privacy Policy, which may be accessed here.


Disclaimer


While RevAir strives to insure accuracy, RevAir makes no warranty that this Website will meet your requirements or that it will be uninterrupted, timely, secure, or error free; nor does RevAir make any warranty as to the materials that may be obtained from the use of this Website. You understand and agree that any content downloaded or otherwise obtained through the use of this Website is done at your own risk and that you will be solely responsible for any damage done to your computer system or loss of data that results from the download of such content.  


RevAir does not guarantee that the information contained in this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. RevAir therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on this Website at any time without prior notice and further reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.


RevAir DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, INABILITY TO USE, OR THE RESULT OF USE, OF THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS ON THIS WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. RevAir DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. RevAir RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. YOU, AND NOT RevAir, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE.


THIS WEBSITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. RevAir DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


User Conduct


You agree not to make any unauthorized use of this Website or any content or features available on this Website. You are responsible for all use of your account (including username and password, if any).  As a condition to your continued access to and use of this Website, you agree: (a) you will protect your username and password; (b) you will assume full responsibility and liability for all Website activity under your account; (c) the RevAir products for sale on this Website are for purchase by adults ages 18 and over; (d) by using this Website you hereby represent and warrant that you are 18 years old or over; and (e) RevAir reserves the right and you hereby acknowledge its right to cancel your account or block or otherwise prevent your future access to or use of this Website.


You warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not (and may not authorize any party to) (i) co-brand, frame or redistribute the Website or related content; (ii) translate, adapt, reverse engineer, decompile, disassemble, or otherwise modify the Website other than as expressly permitted by law; (iii) incorporate the Website or related materials in any other product, or create derivative works based thereon; or (iv) duplicate the Website or related material without the express prior written permission of an authorized representative of RevAir. As used herein, "co-brand" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or related material. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.


You should not send confidential or protected information or creative materials to us via this Website that you do not want to become the exclusive property of RevAir.  Any communication or material you transmit or post to this Website, including any data, questions, comments, notes, suggestions, or the like is, and will be treated as, non-confidential, non-proprietary and unprotected information. Anything you transmit or post to this Website shall be deemed to have been assigned to RevAir, shall remain the exclusive property of RevAir and may be used anywhere and in any medium, without compensation to you, by RevAir or its affiliates, for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, licensing and posting. Furthermore, RevAir is free to use, without compensation to you, any ideas, concepts, know-how, techniques or other intellectual property contained in any communication you send to this Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.


Products


Prices posted on this Website are quoted in U.S. dollars only. In addition, there may be errors or inaccuracies on this Website relating to products, product descriptions, pricing, terms and conditions of sale, shipping and delivery time or product availability. RevAir reserves the right to change, correct or update such product information at any time, even after you have placed your order. RevAir also reserves the right to limit quantity available for purchase of any product at any time without notice. In the event of a product pricing error, RevAir will notify you and will wait for your final approval of the corrected pricing before completing your order.


Purchasing


If you wish to purchase goods from the Website please follow the instructions provided in the store section of this Website. Your electronic or telephone order is an offer to buy from RevAir.  RevAir reserves the right not to accept an order at its sole discretion.


Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by RevAir and does not constitute acceptance of your order. RevAir reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or you have been charged. If your order is declined or cancelled after your payment method has been charged for the purchase, we will promptly issue a credit to your payment method.


Payment for the goods you order must be made by American Express, MasterCard, Visa credit card, PayPal, ApplePay, Stripe, or Amazon Pay. If your payment is rejected by the card issuer your order will not be dispatched. Payment is made at your own risk.


The prices and availability of the goods displayed on this Website are subject to change without notice. The ownership of the ordered goods will only pass following payment in full.  Orders will only be accepted from and dispatched to addresses within the United States and Canada. Any other countries outside of the United States and Canada is prohibited.  RevAir reserves the right to deny sales under any promotion it shall offer from time to time in its sole discretion.


Third Party Websites


For your convenience, RevAir may provide, on this Website, links to web sites operated by other entities. If you use these sites, you will leave this Website in some cases. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. RevAir makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links are for informational purposes only and do not imply that RevAir or this Website sponsors, endorses, is affiliated or associated with any linked site, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of RevAir or any of its affiliates or subsidiaries.


Limitation of Damages


IN NO EVENT SHALL RevAir OR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF RevAir IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  


Indemnification


You agree, at your expense, to indemnify, defend, and hold harmless RevAir, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of (i) your breach of this Agreement, (ii) in connection with your use of this Website, or (iii) your violation of any law or right of any third party.


Governing Law


This Agreement and the relationship between you and RevAir shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflicts of law principles. In addition, you agree to submit to the personal jurisdiction of the federal and state courts of Ohio for the resolution of any controversy or claim arising out of or relating to this Agreement, this Website and materials contained in it.


Waiver/Severability


The waiver by RevAir of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.


Entire Agreement


This Agreement constitutes the entire agreement between you and RevAir concerning the use or access of this Website.


Reservation of Rights

Any rights not expressly granted herein are reserved.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

RevAir LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://myrevair.com/pages/privacy-policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.  Message and data rates may apply. 
Message frequency varies. 

User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that RevAir LLC and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages updates, alerts, and information (e.g., order updates, account alerts,  promotions, specials, and other marketing offers (e.g., cart reminders)] from RevAir via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Messages may include checkout reminders. 

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@myrevair.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

-       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-       Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and/or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Macedonia, OH  before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which RevAir's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. 

Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.


Questions?


Please contact RevAir at ­­­­­­­­­­­­­­support@myrevair.com with any questions about this Agreement.