OscarAir, Inc. and MistCollector.net Inc Website Agreement
The MistCollector.net website (the "Service") provided by OscarAir,
Inc. is an online information and communications service subject to
your compliance with the terms and conditions set forth below
including, all exhibits hereto.
Please read this Agreement carefully before accessing or
using the Service. By accessing or using the Service, you agree to
be bound by the terms and conditions set forth below. If you do not
wish to be bound by these terms and conditions, you may not access
or use the Service. OscarAir, Inc. may modify this Agreement at any
time, and such modifications shall be effective immediately upon
posting of the modified Agreement. You agree to review the Agreement
periodically to be aware of such modifications and your continued
access or use of the Service shall be deemed your conclusive
acceptance of the modified Agreement.
Intentions. Information presented in this online
website is intended to provide general understanding and
knowledge of air quality related products which can be purchased
online or by telephone. The information is compiled from a
variety of sources ("information providers") but should not be
considered complete and should not be used in place of operating
manuals, federal and international standards, consultation or
advice from a physician, official government recognized
regulatory agencies such as EPA and OSHA, or original
manufacturers of products and equipment. OscarAir, Inc. does not
promote or recommend any particular form of air quality product
or use of technology. Information obtained by using the OscarAir,
Inc.s' websites, including but not limited to MistCollector.net,
is not exhaustive and does not cover health treatments;
prevention of medical conditions; self management of
environmental safety; or other indoor air quality uses. OscarAir,
Inc. makes no warranty as to the reliability, accuracy,
timeliness, usefulness, or completeness of the information.
OscarAir, Inc., other sponsors or "information providers" of the
OscarAir, Inc. cannot and do not warrant against human and
machine errors, omissions, delays, interruptions, or losses,
including loss of data. Should you have any environmental
safety-related questions, please contact your local OSHA or EPA
agency promptly. You should never disregard OSHA, EPA or a
physician's advice or delay in seeking it because of something
you have read on this website.
Trademarks. "MistCollector.net" and the "OscarAir,
Inc." design are registered trademarks of OscarAir, Inc. in the
United States and other countries. Other marks which appear on
this Web site may be marks of third parties that are not
affiliated with OscarAir, Inc.
Copyright, Licenses and Idea Submissions.
The entire contents of the Service are copyrighted under the
United States copyright laws. The owner of the copyright is
OscarAir, Inc. You may print and download portions of material
from the different areas of the Service solely for your own
non-commercial use. You may make: (a) one machine readable copy,
(b) one backup copy, and (c) one print copy of any portions of
material downloaded from the different areas of the Service
solely for your non-commercial use. Any other copying,
redistribution, retransmission or publication of any downloaded
material, is strictly prohibited without the express written
consent of OscarAir, Inc. or any third party information
provider to the Service. You agree not to change or delete any
proprietary notices from materials downloaded from the Service.
You agree to grant to OscarAir, Inc. a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and
services) you submit to public areas of the Service (such as
bulletin boards, forums and newsgroups) by all means and in any
media now known or hereafter developed. You also grant to
OscarAir, Inc. the right to use your name in connection with the
submitted materials and other information as well as in
connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no
recourse against OscarAir, Inc. for any alleged or actual
infringement or misappropriation of any proprietary right in
your communications to us.
Use of the Service. You understand that,
except for information, products or services clearly identified
as being supplied by OscarAir, Inc., OscarAir, Inc. does not
operate, control or endorse any information, products or
services on the Internet in any way. Except for OscarAir, Inc.
-identified information, products or services, all information,
products and services offered through the Service or on the
Internet generally are offered by third parties that are not
affiliated with OscarAir, Inc. You also understand that OscarAir,
Inc. cannot and does not guarantee or warrant that files
available for downloading through the Service will be free of
infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Service for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the
Service and the Internet. OscarAir, Inc. does not make any
express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or
noninfringement, or the implied warranties of merchantability or
fitness for a particular purpose) with regard to the Service,
any merchandise, information or service provided through the
Service or on the Internet generally, and OscarAir, Inc. shall
not be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise and
other information provided through the Service or on the
Internet generally. OscarAir, Inc. does not warrant that the
Service will be uninterrupted or error-free or that defects in
the Service will be corrected. The Service and any software made
available on the Service are provided on an "as is, as
available" basis.
In no event will OscarAir, Inc. be liable for (I) any
incidental, consequential, or indirect damages (including, but
not limited to, damages for loss of profits, business
interruption, loss of programs or information, and the like)
arising out of the use of or inability to use the Service, or
any information, or transactions provided on the Service or
downloaded or hyperlinked from the Service, even if OscarAir,
Inc. or its authorized representatives have been advised of the
possibility of such damages, or (II) any claim attributable to
errors, omissions, or other inaccuracies in the Service and/or
materials or information downloaded through, or hyperlinked
from, the Service. because some states do not allow the
exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you.
In such states, OscarAir, Inc.'s liability is limited to the
greatest extent permitted by law.
Indemnification. You agree to indemnify,
defend and hold harmless OscarAir, Inc., its officers,
directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
by you.
Third Party Rights. The provisions of
paragraphs 3 (Use of the Service), and 4 (Indemnification) are
for the benefit of OscarAir, Inc. and its officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
Term Termination. This Agreement may be
terminated by either party without notice at any time for any
reason; provided that you may no longer use the Service after
you have terminated this Agreement. The provisions of paragraphs
2 (Copyright, Licenses and Idea Submissions), 3 (Use of the
Service), 4 (Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous. This Agreement shall all be
governed and construed in accordance with the laws of the State
of South Carolina applicable to agreements made and to be
performed in South Carolina . You agree that any legal action or
proceeding between OscarAir, Inc. and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in South Carolina. Any cause of
action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. OscarAir,
Inc.'s failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. OscarAir, Inc. may assign its
rights and duties under this Agreement to any party at any time
without notice to you.
