Terms & Conditions

Last updated: March 01, 2023

Introduction

Welcome to the Aero Cosmetics® Wash Wax, Wash Wax Mop website (the “Site”). This Site is owned and operated by Aero Cosmetics (“Aero Cosmetics”, “we” “us” or “our”). We make the Site available to you subject to the following Terms and Conditions of Use (“Terms”).

Please read the following terms and conditions carefully before using this Site. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws, regulations and rules. If you do not agree with these Terms, you are not authorized to access or otherwise use the Site or any information or materials contained on the Site.

We may periodically change, modify, supplement or update these Terms in our sole discretion. If we do so, we will post the revised Terms on the Site. It is your responsibility to check periodically for any changes we make to these Terms. Your continued use of this Site after any changes to the Terms constitutes your acceptance of such changes.

1. Use of Site

A. Eligibility. Use of the Site is void where prohibited by applicable law. By using this Site, you represent and warrant that:

You are 18 years of age or older;
All registration information you submit is truthful and accurate;
You will maintain the accuracy of such information;
Your use of the Site does not violate any applicable law or regulation.

B. License. Subject to your compliance with these Terms, Aero Cosmetics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely in connection with your permitted use of Aero Cosmetics’ products and services. Any other use of the Site is expressly prohibited.

C. Restrictions. You agree you will not:

Use the Site for any fraudulent or unlawful purpose;
Access, tamper with, or use any areas of the Site that you are not authorized to access;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Attempt to probe, scan or test the vulnerability of any Aero Cosmetics system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Aero Cosmetics or any of Aero Cosmetics’ providers or any other third party to protect the Site;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site;
Export, re-export, import, or transfer the Site, any copies or adaptations of the Site, or any underlying software or technology, in violation of applicable laws or regulations;
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Aero Cosmetics or its affiliates, partners, suppliers or the licensors of the Site.

2. Intellectual Property

The Site, all of its content and all intellectual property and proprietary rights in and to the same are owned by Aero Cosmetics, our licensors or both, with the exception of Member Content (as defined in Section 4 below), trademarks and logos of third parties, and other content originating from third parties such as product manufacturers, suppliers and advertisers. The Site and all intellectual property and proprietary rights in and to the same are protected by applicable intellectual property and other laws, including but not limited to copyright. You acknowledge and agree that your use of the Site grants you no right, title, ownership or other ownership interest in the Site or any of its content.

3. Submitted Content

Any communications you submit to us via the Site, whether via email, commenting or otherwise, including any ideas, inventions, concepts, techniques, know-how or intellectual property therein, and any other content you submit to us through the Site (collectively, “Submitted Content”) will be considered non-confidential and non-proprietary. We assume no obligation to protect or safeguard Submitted Content. You grant us and our affiliates a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submitted Content in any form, medium, or technology, whether now known or hereafter developed, for any purpose.

4. Member Content

Certain features of the Site may allow users to upload, submit, disclose, or offer various content such as reviews, photos, videos, ratings and other materials (collectively, “Member Content”). Member Content is owned by the Member (defined below) who submitted the Member Content, subject to any licenses granted therein.

You are solely responsible for your Member Content and the consequences of posting or publishing it, and you represent and warrant that:

You are the creator and owner of the Member Content, or otherwise have the necessary licenses and rights to grant us the license below;
Your Member Content, and our and others’ use of it in accordance with these Terms and the normal operation of the Site, does not and will not infringe, violate, or misappropriate any third party intellectual property or proprietary rights, or rights of publicity or privacy;
You are at least 16 years old;
Your Member Content does not contain falsehoods or misrepresentations that could damage us or others.

To the extent permitted by applicable law, you grant us and our affiliates a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Member Content in any form, medium, or technology, whether now known or hereafter developed, for any purpose, including (without limitation) advertising and promotional purposes. You waive any moral rights you may have in Member Content.

You understand that we do not guarantee any confidentiality with respect to Member Content. We have no responsibility or liability for the deletion, failure to store or timely delivery of Member Content. We may impose limits from time to time on the type, size and retention of Member Content without notice to you. Each Member is solely responsible for creating backup copies and replacing any Member Content you post or store on the Site at your sole cost and expense.

Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms or to verify your ownership of Member Content. You agree that your Member Content will not contain third party copyrighted material, or material that is subject to other third party proprietary rights (including privacy and publicity rights), unless you have a formal license or permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all license rights granted herein.

5. Advertisements and Promotions

Aero Cosmetics may run advertisements and promotions from third parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than Aero Cosmetics, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Aero Cosmetics is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers or promotions on the Site.

6. Links to Third Party Sites

The Site may contain links to third party websites, resources and advertisers. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Aero Cosmetics. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources and downloading or accessing any content on the Site.

7. Warranty Disclaimers

THE SITE, INCLUDING ALL CONTENT AND FUNCTIONS THEREON OR ACCESSED THEREBY, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AERO COSMETICS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ACCURACY. AERO COSMETICS DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ITS SERVERS AND COMPONENTS, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitations of Liability

IN NO EVENT WILL AERO COSMETICS, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER LOSSES, DAMAGES, OR CAUSES OF ACTION, INCLUDING LOSS OF USE, PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USE OR INABILITY TO USE THE SAME OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AERO COSMETICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF AERO COSMETICS RELATED TO OR ARISING FROM YOUR USE OF THE SITE EXCEED $100. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF AERO COSMETICS, OUR PARENT, SUBSIDIARIES AND AFFILIATES.

9. Indemnity

You agree to defend, indemnify and hold harmless Aero Cosmetics, its parent, subsidiaries and affiliates, and their respective directors, officers, agents, partners, members, employees, service providers and licensors, from and against any losses, damages, liabilities and costs, including reasonable attorneys’ fees, arising out of or relating to your use of the Site, any Member Content, Submitted Content, or any breach or alleged breach by you of these Terms. Aero Cosmetics may, at its election, assume the exclusive defense and control of any matter subject to indemnity by you, and in such case, you agree to cooperate with Aero Cosmetics in connection with our defense.

10. Modifications to Site

We reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. We will have no liability on account of any change to the Site or any suspension or termination of your access to or use of the Site. You acknowledge that Aero Cosmetics has no obligation to maintain, support, upgrade or update the Site, or to provide all or any specific content through the Site. We may also impose restrictions on certain features or access, or restrict your access to parts or all of the Site without notice or liability.

11. Termination

These Terms are effective until terminated by Aero Cosmetics or you. Aero Cosmetics may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including your breach of these Terms. Upon termination, your right to use the Site will immediately cease.

The following Sections survive any termination of these Terms: 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16.

12. International Use

The Site is intended for users within the United States. We make no representations that the Site is appropriate for use or permitted by law in any other countries. Accessing the Site from territories where the Site contents or any part thereof are illegal is prohibited. If you choose to access the Site from other locations, you do so at your own initiative and are solely responsible for compliance with all applicable laws. Any offer for any product, service or information made in connection with the Site is void where prohibited.

13. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT INCLUDES A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION WHICH AFFECT YOUR LEGAL RIGHTS.

A. Initial Dispute Resolution. Our goal is to provide you with an efficient, fair and low-cost dispute resolution mechanism. Therefore, for any claim (excluding intellectual property rights claims) where you seek US$25,000.00 or less in relief from us, you must first contact us through our customer service webpage and attempt to resolve your claim informally with us.

B. Binding Arbitration. If we are not able to reach an informal resolution within 60 days of your initial contact, then you or we may initiate binding arbitration proceedings. The Federal Arbitration Act applies to these Terms. All disputes arising out of or relating in any way to your use of the Site or these Terms must be resolved by final, binding arbitration. This includes disputes you have with us or with anyone connected with us or the Site. It also includes disputes you have with your heirs, next of kin or legal representatives. Further, this arbitration provision applies to any disputes involving any aspect of our relationship with you arising under any legal theory including contract, fraud, misrepresentation, defamation and any other intentional or unintentional tort. All such disputes will be resolved exclusively by one arbitrator through a simplified arbitration process with no in-person hearing. We both agree that no dispute can be joined with another lawsuit or in an arbitration with a dispute of another person, or resolved on a class-wide basis.

C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A CLAIM AGAINST THE OTHER PARTY, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY) WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES OR IT WILL BE FOREVER BARRED.

D. Governing Law. You and Aero Cosmetics agree that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. All issues and questions concerning the validity, enforceability and scope of these arbitration provisions, and the arbitration itself, will be determined by the arbitrator. The remaining provisions of these Terms will be interpreted under California law, without application of choice of law principles.

E. CLASS ACTION WAIVER. ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION.

F. Jury Trial Waiver. You understand that without this mandatory provision you would have the right to sue in court and have a jury trial. You hereby waive any right to a jury trial. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

G. Changes. We will provide 60-days’ notice of any changes to this dispute resolution provision. Changes will not apply retroactively and will apply only to claims arising after the updated notice date.

14. Additional Terms

Additional terms may apply to the extent set forth in any privacy policy or other policy of Aero Cosmetics posted on the Site or any page through which you access the Site or its content.

15. Modification

Aero Cosmetics may modify these Terms from time to time with or without notice to you. You should review the Terms regularly. Your continued use of the Site constitutes your acceptance of any changes. The updated Terms will be posted on the Site.

16. Miscellaneous

A. Entire Agreement. These Terms constitute the entire agreement between you and Aero Cosmetics with respect to your access to and use of this Site and supersede any prior agreements between you and Aero Cosmetics regarding the same.

B. Waiver. Our failure to exercise or delay in exercising any right, power or privilege hereunder will not operate as a waiver thereof. Any waiver by Aero Cosmetics must be in writing and signed by an authorized representative of Aero Cosmetics.

C. Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of Aero Cosmetics. Aero Cosmetics may freely assign these Terms. These Terms will inure to the benefit of Aero Cosmetics’ successors and assigns.

D. Severability. If any provision of these Terms is determined to be invalid or unenforceable under applicable law, it will be deemed omitted or modified to the minimum extent necessary to conform to applicable law and the remainder of the Terms will remain valid and enforceable according to its terms.

E. Governing Law. These Terms and your use of this Site will be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law rules or principles.

F. Feedback. Any comments, feedback, suggestions, questions, ideas, reviews or other submissions disclosed, submitted or offered in connection with your use of this Site (“Feedback”) will be considered non-confidential and our property. By submitting Feedback to Aero Cosmetics, you assign to us, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights to the Feedback. We will be entitled to use any Feedback you submit to us, without restriction or compensation to you.

G. Contact Us. If you have any questions or concerns regarding these Terms or this Site, please email us at: [email protected].

Thank you for visiting our Site!