Founded in 2004 in Los Angeles, California, Rabbit Air (the "Company") has dedicated its time, energy, and resources to perfecting a product that improves quality of life: the air purifier. In order to help us achieve our goals, we interact with our prospective and existing customers online and through our mobile applications. These Terms of Service (the "Terms") govern your use of Rabbit Air's websites, including www.rabbitair.com (the "Websites"), and mobile applications (the "Applications"). The Websites and Applications may hereinafter be referred to collectively as the "Services."
Use of the Services
You certify that the information you provide on the Services is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify the Company immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Services, or any portion of the Services, at any time without notice.
The Company and its affiliates have no liability to you for content on the Services that you find offensive, indecent, or objectionable. You are prohibited from:
- Violating or attempting to violate the security of the Services;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by the Company or other third party web browsers) to navigate or search the Services.
The Company allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, images, and other content through the Services ("Content"), which the Company may use or reproduce publicly. Content should be written in English. By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or, if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
License Grant for Submitted Content
The Company may republish Content submitted by users of the Services (reproducing a positive product review for marketing purposes, for example). If you make any submission to the Services, you automatically grant, or warrant that the owner of such content has expressly granted the Company, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. The Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. The Company is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant the Company the right to use the name that you submit in connection with any Content.
You represent and warrant that you will not submit the following Content:
- Content that is false, inaccurate, or misleading;
- Content that contains any confidential identifiable information of others;
- Content that violates any local, state, federal, or international laws;
- Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
- Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Company in its sole discretion;
- Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from the Company;
- Chain letters or pyramid schemes;
- Content that impersonates another business, person or entity, including the Company, its related entities, employees and agents;
- Content that contains viruses or other harmful computer code;
- Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Content that you were compensated or granted any compensation by any third party unless otherwise authorized by the Company in writing; or Content that violates any policy posted on the Services, or interferes with the use of the Services by others.
Although the Company cannot monitor all Content, you understand that the Company shall have the right, but not the obligation, to monitor the Content of the Services to determine compliance with this Agreement and any other operating rules that may be established by the Company from time to time. The Company shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Services for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify the Company and its affiliates for all claims resulting from any Content you submit.
Third Party Sites
References on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. The Company is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from the Services is at your own risk and will be governed by such third party's terms and policies.
You acknowledge that goods sold on the Services may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing products on the Services, you agree to abide by the applicable laws, rules and regulations, and you agree, represent, and warrant that none of the Company's products will be accessed from, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List, or otherwise in violation of law.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on the Services (collectively, the "IP") are owned, controlled or licensed by the Company and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Services for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Services or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Services or any related software. All software used on the Services is the property of the Company or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Services may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Services is the exclusive property of the Company and is also protected by U.S. and international copyright laws.
Kinetic Solutions, Rabbit Air, MinusA2, BioGS, RabbitAir.com, and all other corresponding graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Services are trademarks or trade dress of the Company in the U.S. and other countries.
You agree to defend, indemnify, and hold harmless the Company and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Services or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. The Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Services, if in the Company's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: "Use of the Services," "Content Submission," "Third Party Sites", "Shopify," "Export Policy", "Intellectual Property," "Indemnification," "Termination," "Disclaimer," "Limitation of Liability," "Privacy," and "General."
THE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Binding Arbitration and Class Action Waiver
In the event of a dispute, you agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act, and agree not to sue in court in front of a judge or jury. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties. The term "dispute" is to be construed broadly, and includes any claim or controversy between you and us concerning the Services or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation.
If you have a dispute, send a Notice of Dispute by U.S. Mail to: Rabbit Air, 125 N Raymond Ave, Suite 308, Pasadena, CA 91103, including your name, address, how to contact you, what the problem is, and what you want. After 60 days, you (or we) may start an arbitration if the dispute remains unresolved. You must file any claim or dispute within one year from when it first could be filed. Otherwise, it's permanently barred. These Terms govern to the extent they conflict with the AAA's Commercial Arbitration Rules or Consumer Arbitration Rules. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will proceed in court, with the rest proceeding in arbitration.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of the Company to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Company's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions.