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EXAIR Website Terms of Use

Important - read these terms before accessing any material on this website

 

This Website Use Agreement (the “Agreement”) for the EXAIR Corporation Website (“The EXAIR Website”) is a legal agreement between you (either an individual, company, or related entity referred to herein as “you”) and EXAIR Corporation (“EXAIR”) for the use of the EXAIR Website and documentation contained thereon. 

 

By accessing, viewing or using any part of the EXAIR WEBSITE, you expressly agree to and consent to be bound by all of the terms of this agreement. In addition, when using particular services or materials on this site, you shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this Agreement. All such guidelines or rules are hereby incorporated by reference into this Agreement.  If you do not agree to the terms of this Agreement, please exit this site now. Your Agreement with EXAIR becomes effective immediately upon commencement of your use of this site.

  1. Permitted Use. Your access and use of the EXAIR website, including any text, images or software, is limited to legitimate and legal purposes. You are not authorized to copy, reproduce, republish, upload, download, post, publish, publicly perform, publicly display, transmit or distribute material from the EXAIR Website unless you have been granted express permission by EXAIR, and then only to the extent that you have been granted such permission and only if you (a) keep intact all confidential and other proprietary notices and legends on the material and (b) observe all restrictions connected to such material, including the non-disclosure of any confidential documents to any unauthorized third party. This Agreement does not grant any such permission.

  2. Ownership and Control. You do not, by virtue of having access to the materials on the EXAIR Website, obtain title to, or any other ownership interest in, that material. EXAIR retains all rights to the full and complete control of the material. Use of the materials for any purpose other than as specifically authorized is a violation of this agreement and may be grounds for your loss of access to the site or other criminal and civil actions including those for copyright infringement.
  3. Compliance with Laws. You must comply with all applicable laws in connection with your use of the EXAIR Website, including all international trade regulations regarding publishing, sharing, accessing and transmitting data.
  4. Security. You must observe all security features on the EXAIR Website and may not disable or bypass any security devices. You must hold any passwords in confidence and not permit anyone to use your EXAIR Website password or account other than, in the event of a corporation, your directors, officers and employees. You may not use the EXAIR Website to gain unauthorized access to other computers or other computer networks; for malicious or destructive purposes (such as the development or transmission of computer viruses). You are responsible for all your own usage or activity while on this EXAIR Website, whether or not authorized by you. You agree to hold EXAIR harmless for any damage you cause to yourself or others as a result of your access to this EXAIR Website.
  5. Confidentiality. You understand that you may have access to certain business, financial and technical information and materials that may be considered confidential and are not otherwise publicly available, and that is of substantial value, which value would be impaired if such information were disclosed without authorization to third parties (“Confidential Information”). You will not, without prior written authorization, use in any way nor disclose to any unauthorized third party any such Confidential Information. You will take reasonable precautions to protect the confidentiality of such Confidential Information. 
  6. Certain Reserved Rights. EXAIR reserves the right in its sole discretion:

    a) to monitor, review and use all communications and other use of the EXAIR Website, together with information relating to such communications and use, such as identification of sources and recipients of information, usage frequency and content of transmissions; and

    b) to change, suspend or discontinue any aspect of the EXAIR Website at any time, including the availability of any feature, database, or content, and to impose limits on certain features and services or restrict your access to parts or all of the EXAIR Website without notice or liability. 
  7. Disclaimer. Access to the materials on the EXAIR Website is provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, EXAIR disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. EXAIR does not warrant that access to the materials on this site will be uninterrupted or error-free, that defects will be corrected, or that this site, or the server that makes it available, are free of viruses or other harmful components. Except as otherwise provided by law, EXAIR does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, timeliness, reliability or otherwise.
  8. No Consequential Damages. Under no circumstances, including, but not limited to, negligence, will EXAIR, its employees, partners or affiliated persons be liable for any direct, indirect, incidental, special or consequential damages that result from your use of, or inability to use, the EXAIR Website. If you are dissatisfied with your access to the materials on the EXAIR Website, or with any of EXAIR's terms and conditions, your sole and exclusive remedy is to discontinue using the EXAIR WEBSITE.
  9. Miscellaneous. EXAIR may change the terms in this Agreement with or without notifying you of such change, including the effective date of such change. If you do not agree to be bound by the changes, you must discontinue using the EXAIR Website. You will be deemed to have agreed to be bound by the change if you use the EXAIR Website on or after the effective date of the change. You may not assign your rights or obligations under this Agreement to anyone. If any provision in this Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The failure of EXAIR to enforce any of the provisions of this Agreement will not be construed to be a waiver of the right thereafter to enforce any such provision. This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law.
  10. Trademarks. “EXAIR”, "Cabinet Cooler", "E-Vac", "Intelligent Compressed Air", and "Compressed Air Intelligence" are exclusive trademarks of the EXAIR Corporation. The EXAIR logo, product names, designs and descriptive phrases are trademarked exclusively by EXAIR Corporation. These trademarks may not be used without the prior written consent of the EXAIR Corporation.

    EFC, Digital Flowmeter, Digital Sound Level Meter, High Power Cold Gun, Super Air Knife, Standard Air Knife, Full-Flow Air Knife, Air Cannon, Super Air Amplifier, Adjustable Air Amplifier, Super Air Nozzle, Micro Air Nozzle, High Power Safety Air Nozzle, Super Blast Safety Air Gun, Stay Set Hose, Super Air Wipe, Standard Air Wipe, Super Ion Air Knife, Standard Ion Air Knife, Super Ion Air Wipe, Ion Air Cannon, Ion Air Gun, Ion Air Jet, Stay Set Ion Air Jet, Ionizing Point, Line Vac, Chip Vac, Heavy Duty Dry Vac, Heavy Duty HEPA Vac, Reversible Drum Vac, High Lift Reversible Drum Vac, Chip Trapper, Vac-u-Gun, Air Disk, Air Stik, Mini Cooler, Cold Gun Aircoolant System, and ETC are trademarks of EXAIR Corporation.

    EXAIR products are subject to ongoing development. Specifications are subject to change without notice.

    Some products in this web site are covered by U.S. Patent #5402938, #8153001 and #8268179 and others are U.S. Patent Pending.
  11. Copyright. The content of the EXAIR Website, including all photos, graphics, drawings, text and arrangements are proprietary to EXAIR Corporation and are protected by the United States and international copyright and trademark laws. You are authorized to use the contents of the EXAIR Website only as it relates to your role as a current or prospective customer of EXAIR. The contents of this website may not be used, copied or modified for any type of publication or distribution, or other use, without the prior written consent of EXAIR Corporation. The content of the EXAIR Website is the intellectual property solely of the EXAIR Corporation with no rights transferred to other parties. No part of this Website may be reproduced for any purposes without the prior written consent of the EXAIR Corporation.
  12. Privacy Information. Please refer to EXAIR’s Privacy Statement which is a binding part of these terms of use.
  13. Governing Law. The use of this Website shall be governed by and interpreted in accordance with the laws of the State of Ohio. Any legal action or proceeding arising from or in connection with this Website shall be brought exclusively in the courts of Hamilton County, Ohio or in the U.S. District Court for the Southern District of Ohio.

OSHA and CE Compliance: EXAIR compressed air products comply with OSHA's Safety Requirements, the EU General Product Safety Directive (2001/95/EC) and meet the noise limitation requirements of the EU Machinery Directive (2006/42/EC). EXAIR's Electronic Flow Control and Electronic Temperature Control meet the low voltage standards of the EU Low Voltage Directive (2006/95/EC). Some EXAIR products display the CE mark where there are applicable directives. All sound level measurements are taken at 3 feet away.



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