OVERVIEW

This website is operated by AirMag Pro (this “Website”). Throughout the Website, the terms “we”, “us” and “our” refer to AirMag Pro. AirMag Pro offers this Website, including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms of Service” or “Terms”), including any additional terms and conditions or policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content who visit, purchase, download, register with us, access, or use our Website, mobile applications, onboard media, blogs, phone, in person, social media, or any other online or interactive platforms operated by us that link to these Terms, or when you interact with us in any way (e.g., customer support). These Terms do not apply to any of our services governed by a separate terms of use or service agreement.

Please read these Terms carefully before accessing or using our Website. If these Terms are considered an offer, acceptance is expressly limited to these Terms. If you do not agree with any part, you should not use the Website.

Any new features or tools added to the current store will also be subject to these Terms. You can review the most recent version of the Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms at any time by posting updates or changes to our Website. It is your responsibility to check this page periodically. Continued use of the Website or store following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform enabling us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

All elements of our Website and store, including the overall “look and feel,” text, images, logos, buttons, icons, software, and other materials are either the exclusive property of AirMag Pro or used under license or permission from third parties. These elements are protected by trade dress, trademark, copyright, unfair competition laws, and other applicable legal protections. They may not be copied, reproduced, or imitated, in whole or in part, without our prior written consent. No logo, graphic, sound, or image from our Website or store may be retransmitted unless we have expressly permitted it in writing.

You may not use our products for any unlawful or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws). You must not transmit any worms, viruses, or other harmful code. A breach or violation of any of the Terms will result in the immediate termination of your access to the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You acknowledge that any content you provide (excluding credit card information) may be transmitted unencrypted and may involve (a) transfers over various networks and (b) modifications to conform and adapt to the technical requirements of those networks or connected devices. Credit card data is always encrypted during transfer across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, your access to the Service, or any contact through the Website by which the Service is provided, without our prior written authorization.

Headings in these Terms are provided for convenience only and will not affect the meaning or interpretation of any section.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if any information made available on this Website or within our store is inaccurate, incomplete, or outdated. The material provided on this Website is intended for general informational purposes only and should not be relied upon as your sole source for decision-making without consulting more accurate, complete, or up-to-date sources. Any reliance you place on the content found here is at your own risk.

From time to time, this Website may include historical information. Such information, by nature, is not current and is provided solely for reference purposes. We reserve the right to update, change, or remove content from this Website or our store at any time, though we are under no obligation to do so. You agree that it is your responsibility to monitor changes to our Website and store.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices and terms of sale for our products are subject to change at any time without prior notice.

We reserve the right to modify or discontinue the Service or any part of it, including products, content, or features at any time and without notice. We are not liable to you or any third party for any modifications, price adjustments, suspensions, or discontinuation of the Service or any products offered.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Some products or services may be offered exclusively online through our Website or store. These items may be available in limited quantities and are eligible for return or exchange only in accordance with our Return Policy.

We make every effort to present the colours and images of our products as accurately as possible on the Website. However, we cannot guarantee that your device’s display will reflect colours with complete accuracy.

We reserve the right but are not obligated to restrict the sale of our products or Services to any individual, geographic area, or jurisdiction. This right may be exercised on a case-by-case basis and is subject to change at our discretion. We reserve the right to limit the quantities of any products or services we provide.

All product descriptions and pricing are subject to change at any time without prior notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for any product or service presented on this Website is void where prohibited by law.

We do not warrant the quality of any products, services, or other materials purchased or obtained will meet your expectations, nor do we guarantee that any errors within the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per individual, per household, or per order. These limitations may apply to orders placed under the same customer account, using the same credit card, and/or orders that share the same billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of purchase. We also reserve the right to restrict or cancel any orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide accurate, current, and complete purchase and account information for all transactions made through our store. You also agree to keep your account details including your email address and payment information up to date so we can complete your orders and reach you when necessary.

For additional details, please refer to our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may offer you access to third-party tools through the Website or store, which we do not monitor, control, or influence in any way.

You acknowledge and agree that any such tools are provided on an “as is” and “as available” basis, without warranties, representations, or conditions of any kind, and without our endorsement. We will not be held liable for any issues, damages, or consequences that arise from your use of these optional third-party tools.

Your use of any optional tools available through the Website or store is entirely at your own discretion and risk. It is your responsibility to ensure you are familiar with and agree to the terms under which those tools are provided by the applicable third-party provider(s).

From time to time, we may introduce new features or services through the Website or store (including new tools and resources). These new additions will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service, Website, or store may include materials provided by third parties.

Links on our Website may direct you to external websites that are not owned or operated by us. We do not review or evaluate the content or accuracy of these third-party sites, and we make no warranties or representations regarding them. We are not responsible or liable for any third-party websites, their materials, or any products or services offered through them.

We are not liable for any harm or damages that may result from your purchase or use of goods, services, content, or other transactions made in connection with any third-party website. You should carefully review the third party’s policies and practices before engaging in any transaction. Any concerns, complaints, or questions regarding third-party products or services should be directed to the third party directly.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific materials (such as contest entries, sweepstakes responses, or other promotional submissions), or if you voluntarily send us creative ideas, suggestions, proposals, photos, plans, or other content whether online, by email, through social media platforms like LinkedIn or Instagram, by postal mail, or through any other method (collectively, “comments”) you agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate, or otherwise use those comments in any medium.

We are under no obligation to (1) treat comments as confidential; (2) provide compensation for submitted comments; or (3) respond to any comments.

Although we may but are not required to monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, obscene, or otherwise objectionable, or which violates any party’s intellectual property or these Terms of Service, we make no guarantees.

You agree that your comments will not infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your comments will not include any defamatory, unlawful, abusive, or obscene content, nor will they contain viruses or malicious code that could interfere with the operation of the Service or any related website.

You must not use a false email address, impersonate someone else, or mislead us or others regarding the origin of your comments. You are solely responsible for the content and accuracy of any comments you submit. We assume no responsibility and accept no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Any personal information you submit through the store is handled in accordance with our Privacy Policy. For more information, please refer to and review our full Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our Website, store, or within the Service may contain typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or change information or cancel orders if necessary at any time without prior notice, including after an order has been submitted.

We are under no obligation to update, revise, or clarify information in the Service or on our Website, including pricing details, unless required by law. Any stated update or refresh date should not be interpreted to mean that all content on the Website or store has been modified or is current.

SECTION 12 – PROHIBITED USES

In addition to the other prohibitions outlined in these Terms of Service, you are not permitted to use our Website, store, social media accounts, or any associated content for the following purposes:

(a) for any unlawful activity;

(b) to solicit others to perform or engage in unlawful acts;

(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the rights of others;

(e) to harass, abuse, insult, harm, defame, slander, intimidate, disparage, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses, malicious code, or anything that may affect the functionality or operation of the Service, our Website, our store, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or bypass the security features of the Service, our Website, store, other websites, or the Internet.

We reserve the right to immediately terminate your access to the Service, Website, store, or social media accounts if you engage in any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service, Website, or store will be uninterrupted, timely, secure, or error-free. We do not warrant that any results obtained from the use of the Service, Website, or store will be accurate or reliable.

You acknowledge that we may, from time to time, remove the Service or products for indefinite periods or discontinue them entirely without prior notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through it are provided “as is” and “as available” (unless otherwise expressly stated by us), without any representations, warranties, or conditions of any kind either express or implied including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall AirMag Pro, or any of 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. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages whether based in contract, tort (including negligence), strict liability, or otherwise arising from your use of the Service, Website, store, or any products obtained through them, or for any other claim related in any way to your use of the Service, including but not limited to errors or omissions in content, or any loss or damage resulting from the use of any content or product made available via the Service, even if we’ve been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions our liability shall be limited to the fullest extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AirMag Pro, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any claim, demand, or legal action including reasonable attorneys’ fees made by any third party due to or arising from your breach of these Terms of Service, your use of our Website or store, any documents incorporated by reference, or your violation of any applicable law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforced to the maximum extent allowed by applicable law. The unenforceable portion will be considered severed from these Terms, and such a determination will not affect the validity or enforceability of the remaining provisions.

SECTION 16 – TERMINATION

Any obligations or liabilities incurred by either party prior to the termination date will survive the termination of this agreement for all applicable purposes.

These Terms of Service remain in effect unless and until terminated by either you or us. You may end these Terms at any time by notifying us that you no longer wish to use our Services, or by discontinuing use of the site.

If, in our sole discretion, we determine that you have failed or we suspect that you have failed to comply with any provision of these Terms of Service, we may terminate this agreement at any time without prior notice. In such cases, you will remain responsible for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

These Terms of Service, along with any policies or operating rules posted by us on this Website or in connection with the Service, constitute the complete agreement and understanding between you and AirMag Pro. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals whether oral or written between you and us (including any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the party responsible for drafting them.

SECTION 18 – REGISTRATION

You may be given the option to create a user account (“Your Account”) through our Website or store. This account may allow you to share or receive information from us and participate in certain features such as making payments, contacting a representative, or booking an appointment. Any information you provide will be handled in accordance with our Privacy Policy.

By registering, you represent and warrant that all information you submit is true, complete, and up to date to the best of your knowledge. You agree to maintain and promptly update your account details to ensure they remain accurate and current.

During the registration process, you may be asked to create a username and/or password. You acknowledge that we may rely on this login information to identify you, and you consent to us contacting you using the phone number associated with your account.

You are responsible for keeping your username and password secure. You are also fully responsible for all activity that occurs under your account, whether or not such access was authorized by you, and for ensuring your use complies with these Terms.

We reserve the right to disable any user ID or password at our discretion if we believe you have failed to comply with these Terms of Service.

You are solely responsible for obtaining and maintaining the necessary internet connection, computer software, hardware, or other equipment required to access and use our Website or store as well as for covering any related costs.

SECTION 19 – PAYMENT

All online payments made through our Website or store are processed using a third-party payment provider. When you complete a transaction, you will be directed to a secure online form where you’ll be asked to enter your card number, expiration date, security code, and any other required payment details. This information is then securely transmitted to the payment provider for processing and confirmation.

SECTION 20 – OTHER IMPORTANT TERMS

This agreement is solely between you and AirMag Pro. No other individual or entity shall have the right to enforce any of its provisions. However, we reserve the right to transfer our rights and obligations under these Terms to another organization. Such a transfer will not impact your rights or our responsibilities under this agreement.

SECTION 21 – WAIVER

If we choose not to enforce any part of these Terms or delay in doing so, that does not mean we have waived our rights or that you are no longer obligated to comply with those terms. A waiver of any default or breach by you will only be valid if it is provided in writing, and it will not constitute a waiver of any future defaults or breaches.

SECTION 22 – GOVERNING LAW & ARBITRATION; WAIVER OF CLASS ACTION CLAIMS

This Website is controlled, operated, and administered by the Company from its offices in Canada.

These Terms of Service, along with any separate agreements under which we provide you Services, shall be governed by and construed in accordance with the laws of the Province of Manitoba and the applicable federal laws of Canada, without regard to conflict of laws principles.

You agree that any and all claims, disputes, controversies, actions, or proceedings arising out of or relating to the creation, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of, or sale through the Website or store (collectively, "Claims") shall be resolved exclusively by final and binding arbitration administered by the ADR Institute of Canada (ADRIC), or another recognized Canadian arbitration body.

Prior to Arbitration: Before initiating arbitration, you must send us written notice of the claim. We will attempt to resolve the issue informally within 30 days. If no resolution is reached, you may proceed with arbitration under the terms below. Arbitration Terms: You agree that: (i) Arbitration will be conducted before a single arbitrator in accordance with the applicable arbitration rules of ADRIC or its regional affiliate; (ii) The arbitration may be held virtually or in writing for claims under $10,000 CAD, with the arbitrator’s fee covered by us, unless the arbitrator determines the claim is frivolous, in which case you may be responsible for the cost; (iii) For claims over $10,000 CAD, arbitration will take place in a location mutually agreed upon or as designated by ADRIC, and the fees may be shared equally unless otherwise determined; (iv) The arbitrator may award only actual direct damages and has no authority to award punitive damages, injunctive relief, or any other form of equitable remedy; (v) YOU WAIVE ANY RIGHT TO LITIGATE YOUR CLAIM IN COURT OR TO A TRIAL BY JURY. CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND YOU MAY NOT PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator has no authority to consolidate or join claims of others. If any part of this arbitration clause (except subpart (v)) is found to be invalid or unenforceable, the rest shall remain effective. If subpart (v) is found to be unenforceable, then any class or collective claims must be brought in a court of competent jurisdiction in Canada, and not through arbitration.

For more information on ADRIC and its rules, you can visit www.adric.ca.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any portion of these Terms by posting changes to our Website or store.

It is your responsibility to check this page periodically for any updates. Your continued use of or access to the Website, store, or any part of the Service following the posting of changes constitutes your acceptance of those updates.

SECTION 24 – CONTACT INFORMATION

AirMag Pro is headquartered in Canada. You may contact our Customer Service team at airmagpro@gmail.com.

Please note that any calls made from landlines may be charged at your standard landline rate, and mobile rates may vary depending on your provider. Calls may be recorded or monitored for quality assurance and training purposes.

If you have any questions about these Terms of Service, please don’t hesitate to reach out to us at airmagpro@gmail.com.

ACCESSIBILITY STATEMENT

AirMag Pro is committed to ensuring that our website is accessible to everyone. To provide a positive and inclusive experience for all users, we strive to follow the Web Content Accessibility Guidelines (WCAG 2.1, Level AA) throughout the design, development, and testing of our digital content.

We are continually working to improve the accessibility and usability of our website to better serve all individuals, regardless of ability.

If you require an alternative format of our Privacy Policy, Terms of Service, or any other document—such as a PDF copy please contact us at airmagpro@gmail.com, and we will be happy to provide it in an accessible format.

If you have any accessibility-related questions, concerns, or are having trouble accessing information on our website, please reach out to us at airmagpro@gmail.com so we can assist you directly.

©2024 AirMag Pro. All rights reserved.