AeroFlow Terms and Conditions:
Thank you for visiting aeroflowscreens.com. We encourage you to spend some time on our website, research our products and feel free to ask questions.
Please review the following Terms and Conditions of Use (the "Terms" carefully before using aeroflowscreens.com and before purchasing products or services (the "Product"), or obtaining content from our website. These Terms contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Limitation of Liability & Other Statements:
Neither the seller, nor the manufacturer, shall be held liable for any loss, inconvenience, damage, or injury, either direct or consequential, arising out of the use of, or inability to use the product. Before using, user shall determine the suitability of the product for it’s intended use and assumes all responsibility, risk, and liability, whatsoever in connection herewith.
If the purchaser of this product is dependent on the ability to see through the windscreen while riding on his or her motorcycle, especially at night or low-light conditions, the purchaser is urged to test the windscreen for optical clarity and light transmission prior to installing it on a motorcycle. Dark smoke windshields are expressly prohibited from night time riding. If you choose to use the dark tinted windshields at night you do so at your own risk and release AeroFlow, Corp. from any liability due to its misuse.
AEROFLOW, CORP. IS NOT RESPONSIBLE FOR INCORRECT PRODUCT CHOICES OR UNSUITABILITY OF PRODUCT FOR CUSTOMER.
· AeroFlow, Corp. personnel and guidelines attempt to assist the customer based upon general information and acceptance of product by pre-production testers and customer input. Many variables enter into whether a product works or does not work for people, such as: type of helmet used, rider height, weight, build, motorcycle modifications (seats, handlebars, bar backs, mirrors, lights, safety bars, etc.), windscreen height choice, etc.
· AeroFlow, Corp. not responsible for incorrect product choice based upon customer not knowing the correct manufacturer’s model year or designation of his or her bike. The bike’s model year is not necessarily the same as the year in which it was first titled.
· Customer is responsible for the correct choice of product. AeroFlow, Corp. assumes no responsibility for the product’s suitability/unsuitability for the customer.
Agreement to Terms and Conditions of Use:
These Terms apply to your use of our website. These Terms also apply to your purchase of Product sold on the website. By using this website, accessing information on this website, ordering Product or accepting delivery of Product, it means that you have read, understood, and agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between AeroFlow Corp. and you regarding your use of our website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of our website, or your purchase of Product, are specifically disclaimed and superseded by these Terms.
If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then please do not use our website. Your continued use of our website means that you have agreed to the Terms. You cannot use our website, and at the same time object to these Terms. Your use of our website is at your sole risk
Changes to the Terms
(a) We reserve the right to change these Terms at any time, without prior notice to you or to other users of our website. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed. If you are not satisfied with our website or these Terms, your only remedy is to stop using our website.
(b) Access to our website and the use of information, materials, products or services provided through our website, is not intended, and is prohibited, where such access or use violates applicable laws or regulations.
Compliance with Laws
(a) The material on our website is intended only for personal use. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at our website may be incorporated into any information retrieval system, whether electronic or mechanical.
(b) When you use our website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) create liability or cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our website; or (7) modify or alter any part of our website.
(c)The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law, is prohibited.
(d) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to our website for any reason, at any time, without notice.
Not Responsible for Errors
(a) Our website may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice to you. Corrections or updates may occur after you have submitted an order from our website. In that event, we will attempt to contact you with the correct information before processing your order. If an item is listed on our website at an incorrect price or with incorrect information, then at our sole discretion we reserve the right (1) to refuse orders for that item, (2) to contact you for instructions, or (3) cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our website. We apologize for any inconvenience that this may cause you.
(b) Your order is subject to cancellation by us, at our sole discretion.
(a) The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to our website, including without limitation, the "look and feel" of our website, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property, or are included with the permission of the owner, and are protected under copyright and trademark laws. You do not acquire ownership rights when viewing this website. All software used on this website is the property of aeroflowscreens.com or its software suppliers and is protected by U.S. and international copyright laws.
(b) All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and trade names displayed, cited or otherwise indicated on our website are trademarks of ours, our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.
We reserve the right to change and discontinue Product at any time without notice to you, and this may affect information saved in any sales through an online cart.
Disclaimer of Warranties and Limitation of Liability
(A) WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR website AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR website. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT. OUR website IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS.
(B) WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, THE PROVISION OF SERVICES AND SUPPORT, LOSS OF, OR DAMAGE TO, PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR NATURE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT: (1) RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE, (2) RESULTS FROM YOUR USE OF OR INABILITY TO USE THE website OR ANY website WITH WHICH IT IS LINKED, OR (3) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE website, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE website, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(C) YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
(D) YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE PURCHASE PRICE (PLUS SHIPPING, IF APPLICABLE) INVOICED FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, WILL NOT EXCEED U.S. $100. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
(E) YOU ACKNOWLEDGE THAT THIS website AND THE INFORMATION PROVIDED AT THIS website WOULD NOT BE PROVIDED BY THE COMPANY WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
Our website may provide a link or advertisement to another website that is operated by a third party. We provide these links for your convenience, and we do not endorse such other website or its contents. We have no control over, and do not review, these websites or their content. Under no circumstances will the Company be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other websites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you while you are on their websites.
Comments and Testimonials
Some portions of our website enable users to make submissions and comments regarding various products, projects and information contained on our website. If you submit material to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, publish and display your submissions throughout the world in any media. We will not pay you or any person for any information that you provide to our website. You also grant AeroFlow Corp the right to use the name that you submit with your submission in connection with that submission. You are solely responsible for the content of your submissions. We assume no liability for any content submitted by you. You agree that you have no expectation of privacy with regard to any content that you submit.
You agree to indemnify, defend, release, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms, or your access or use of the website or any of the information or materials available, or Products purchased, through our website.
We reserve the right to modify or terminate the Service for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time. Verbal or written abuse of any kind (including threats of abuse or retribution) of any AeroFlow customer, AeroFlow employee, member, or officer will result in immediate service refusal.
Changes to our Website
We have the right, in our sole discretion, to refuse, modify or remove any material submitted to or posted on our website and to terminate, change, or suspend (temporarily or permanently) any aspect of our website (or the entire website) at any time, without notice or liability to you.
All sales from our website are subject to our return policy, which is available for viewing by clicking on the "Return Policy" section of our website.
Releases; No Warranties; Reservations
By participating, you agree to release and hold harmless Aeroflow,Corp. and their respective representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with this Initiative, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with this Initiative. The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished by third parties in connection with this Initiative. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.
Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to send a message, including any injury or damage to your or any other person's wireless device relating to or resulting from participating in this Initiative.
These Terms were last updated in March 2018.