Clear Air LLC, a New Hampshire limited liability company (“CALLC”) and the owner of the website www.envomask.com is providing you these Terms and Conditions because you are in the process of using the envo®Mask website (the “Website”). Your continued use of the Website represents your agreement to all such terms, conditions and notices herein and creates a legally binding agreement between CALLC and you. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Use of Website
Certain functions of the Website may require registration, including purchasing products and posting reviews. Your use of the Website requires you to: (a) be of legal age in the jurisdiction where you live; (b) provide accurate information to CALLC; (c) keep any user name, password and other login credentials secure and not allow anyone to use your account; (d) inform CALLC of any unauthorized use of your account with CALLC. You are responsible for anything that occurs through your CALLC account with or without your permission and CALLC will not be responsible for any wrongful use of your account with CALLC.
Information You Provide to CALLC
All content included on the Website, including the web site design, software, text, graphics and images is the property of CALLC and its affiliated companies or its content suppliers and is protected by the copyright laws of the United States and internationally. The images used on this site are the property of their respective copyright owners and are used by CALLC pursuant to express authorization from the copyright owners or their agents. The content, images and software on this site may be used as a shopping resource or information for use of CALLC products. Any other use, including, the reproduction, modification, distribution, transmission, republication or display, of the content, images and software on this site is strictly prohibited.
The trademarks envo, with a logo and AIRgel (collectively, the “Trademarks”) are registered trademarks of Sleepnet Corporation, an affiliated company of CALLC’s and are registered in the United States and many other countries throughout the world. None of the Trademarks may be used without the prior written consent of CALLC.
Use of Site
Use of the Website is a privilege and is subject to these terms and conditions. CALLC reserves the right to refuse service, terminate accounts, and/or cancel orders in its sole discretion, including without limitation, CALLC’s belief that a customer is violating applicable law or is engaging in conduct harmful to the interests of CALLC and its affiliated companies. CALLC further reserves the right to pursue any legal action against any user who violates the terms, conditions and notices on this Website.
Limitations on Information Submitted
Links to Third Party Sites
The Website may contain links to other websites (“Linked Sites”) that are not under the control of CALLC and thus CALLC is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. CALLC does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. CALLC is providing such links merely as a convenience, and the inclusion of any link does not imply endorsement by CALLC. If you decide to access any of the Linked Sites, you do so at your own risk.
www.envomask.com. Linking to the Website from another website (“Linking Site”) is only allowed by the prior written approval of CALLC.
Disclaimer of Warranties; Limitation of Liability
CALLC does not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. CALLC does not warrant that the results that may be obtained from the use of the Website will be accurate or reliable; use of the Website is at your own risk. From time to time CALLC may remove the Website from service for indefinite periods of time or cancel the Website at any time without notice. The Website and all products and services delivered to you through the Website are (except as expressly stated by CALLC) provided as is and as available for your use, without any representation, 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. In no case shall CALLC, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products procured from the Website, or for any other claim related in any way to your use of the Website or any products of CALLC, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. 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, CALLC’s liability shall be limited to the maximum extent permitted by law.
To the fullest extent permitted by applicable law, you agree to indemnify and hold CALLC and its affiliated companies, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party.
Price and availability information on the Website is subject to change without notice. The Website may include technical inaccuracies or typographical errors. Changes are periodically added to the information on the Website. These changes will be incorporated in new editions of the Website. CALLC may make improvements and/or changes in the product(s) and/or programs(s) described on this Website at any time.
CALLC’s address and contact information is:
Clear Air LLC
5 Merrill Industrial Drive
Hampton, NH 03842
California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from CALLC, once a year and free of charge, information about categories of personal information (if any) CALLC disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which CALLC shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to CALLC using the contact information provided herein. If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact CALLC using the contact information provided herein, and include the E-mail address associated with your account and a statement that you reside in California. CALLC will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from CALLC’s systems.
Policy for Children
CALLC does not knowingly solicit information from or market to children under the age of 16. If you become aware of any data we have collected from children under age 16, please contact us using the contact information provided herein.
This site is created and controlled by CALLC in the State of New Hampshire, USA. As such, the laws of the State of New Hampshire will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws. The above stated notices, terms, and conditions are subject to change in the sole and absolute discretion of CALLC.