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Terms & Conditions, Privacy Policy, and Terms of Sale

Terms & Conditions

1. The Limited Warranty covers defects in materials or workmanship in the unit for the time period stated above. If there is a defect, and the defect is the result of faulty materials and/or workmanship, the Company or its authorized Franchisee, Dealer, Distributor, or designated agent (collectively referred to as “Authorized Representative”) will, at its discretion, either repair or replace the defective components or the unit. If a defect cannot be repaired within a reasonable number of attempts, the Consumer may elect to either have the unit replaced or obtain a refund of the purchase price.

2. If the unit is found not to have a defect in material or workmanship, the Consumer, if it so desires, may make arrangements to have the unit repaired by the Company. Charges for repairs of this nature, if carried out, shall be paid by the Consumer.

3. In order to repair the Airocide unit and restore it to a fully operational condition, the Company may alter the unit and utilize parts of a differing, but similar, design. Any part of the unit that is replaced may be replaced with either new or refurbished parts. Any part that is replaced will become the property of the Company.

4. While the Company will make every effort to expeditiously provide warranty service, the Company shall not be required to do so within a specific period of time.

5. The repair or replacement of the unit or parts under this Warranty shall not extend the warranty beyond the time period stated above.

6. The Company’s employees or dealers have no authority to vary the terms of this Warranty.

7. Continued use or possession of the goods after expiration of the warranty period shall be conclusive evidence that the warranty was fulfilled to the full satisfaction of the Consumer.

To Obtain Warranty Service:

If you believe there is a defect in materials or workmanship in the product during the warranty period, you can contact Airocide® to request warranty service. When contacting Airocide to request warranty service, you should be ready to describe the problem with the unit and provide some type of proof of the original date of purchase, unless you previously registered the product. Airocide can be contacted by mail, telephone, or through the internet. Phone calls need to be made between the hours of 8:00 am – 10:00 pm EST Monday through Friday.

Akida Holdings LLC
13500 Sutton Park Dr. South Suite 501
Jacksonville, FL 32224
Telephone: 1-800-687-3100 email: info@airocide.com/
www.www.airocide.com/warranty

If the unit is sent to the Company for warranty service, the cost of the transportation of the unit to and from the Company service center, or that of an Authorized Representative shall be borne by the Consumer, unless Company and the Consumer agree otherwise, in writing. The Company shall not be responsible for any units lost or misplaced in transit, so the Consumer is encouraged to purchase insurance for the unit during shipping.

If the unit is not accepted for warranty service or if the Company determines that the issue with the unit is not the result of a defect in materials or workmanship, the Company shall provide a description of the cause of the issue. If the Consumer disagrees with the Company’s determination, prior to pursuing any other remedy, the Consumer must appeal that decision to the Company’s Warranty Administrator by sending a letter to the address above explaining why warranty service should be provided. The Warranty Administrator shall have 30 days to respond, and the Consumer shall consider that response for 30 days prior to pursing any other remedy.

Exceptions & Exclusions:
The warranty does not cover damage caused by the user, alterations, abuse, misuse, neglect, improper installation, non-observance of operating instructions, accidents, improper use, unauthorized repair, catastrophe/natural disaster, power surges, and normal wear and tear. The Warranty will cease to be valid if any of the original serial numbers are removed or defaced or if the unit is removed from the country in which it was originally purchased.
Privacy Policy

This privacy policy and agreement (the “Privacy Policy” or “Policy”) explains how, with your permission, (as set out below) Akida Holdings LLC (“Akida”, “we” or “us”) collects, uses and treats information that we receive from you through our website (available at www.www.airocide.com/) (the “Website” or “Site”). The terms “you” and “your” refer to any person or entity providing us with Personal Information (as that term is defined below) through our Website. For your convenience, Section 12 (Definitions) provides a set of definitions used in this Privacy Policy. This Privacy Policy does not cover Personal Information that you provide to us through other means, such as through telephone calls and traditional mailings.

1. Your Consent. Please read this Privacy Policy carefully as your consent to it creates legal obligations on you and on us. By accessing and using our Website, you acknowledge and agree to be legally bound by this Privacy Policy. In addition, for certain activities on the Site we may further confirm your consent by asking you to click an “I accept” button. If you do not agree with the terms of this Privacy Policy, please contact us in accordance with Section 13.6 (Contact Us) or refrain from using our Site.

2. Types of Information You May Provide. Information we may collect from you on our Site falls into two categories: (i) Anonymous Information, and (ii) Personal Information. These categories are defined as follows:

2.1. Anonymous Information. The term “Anonymous Information” means information that does not identify you individually, and may include, for example, statistical information concerning the pages on our Website that you visit most frequently.

2.2. Personal Information. The term “Personal Information” means information about you that would allow us (or others) to identify and contact you including, but not limited to: (i) your name; (ii) mailing address; (iii) telephone number; (iv) financial account information; (v) social security number; (vi) email address; and (vii) other, similar information.

3. Our Uses of Your Personal Information. You decide whether you wish to provide us with Personal Information. We may collect information from you at different points (for example, when you request more information from us or register a product you have purchased), and use this information as follows:

3.1. Product Registration. We collect Personal Information in connection with your registration of Akida products you have purchased. We use Personal information in connection with processing your product registration and providing you with information related to your Akida product.

3.2. Authorized Akida Distributor Registration. We collect Personal Information in connection with your online registration as an Authorized Akida Distributor. Authorized Akida Distributor are provided with a variety of additional information and materials that are not otherwise available to Site visitors and other Akida customers. We use Personal Information in connection with those users registering as an Authorized Akida Distributor. In addition, we may link Personal Information and other information you have provided offline to your online Authorized Akida Distributor account in order to provide you with additional benefits.

3.3. Verifying Your Identity. When you register a product or request information from us via the Website, we may collect additional Personal Information beyond what we originally received in order to verify your identity and process your request. This is designed to further protect you and to reduce the threat of identity theft and fraudulent requests.

3.4. Communications to Us. If you send us an email with questions, comments or requests for additional information, or if you include your Personal Information when providing us with feedback about Akida, our Website or our products and services, we may use your email address and other information included in your correspondence to respond to you.

3.5. Staying Updated; Alerts and Other Communications to You. You may provide us with your email address and other Personal Information so that we can send you information concerning Akida, our Site, products, services, and other information (collectively, the “Alerts”). In addition, we may use your Personal Information to provide you with other information that we believe may be of interest to you. You will have the ability to opt out of receiving these materials as provided in Section 8 (Opting Out).

3.6. Informational Notices and Bulletins. We may periodically send news, bulletins or other information to you, and will use Personal Information to send such communications. If we choose to send such communications, you will have the ability to opt out of receiving some of them. Please refer to Section 8 (Opting Out) for more details.

3.7. Surveys and Contests. We may periodically launch surveys or contests through our Site, and request Personal Information from you in connection with these surveys and contests. Information we collect through surveys and contests will be used in connection with the surveys and contests, and for purposes of monitoring and improving our Site and our products and services. In the event that we wish to use Personal Information in a manner different from what is set out in our Privacy Policy, we will notify you of the relevant details when asking you to participate in the survey or contest.

3.8. Promotions. We believe that your experiences can often act as the strongest promotion of our products and services. Accordingly, we may wish to post on our Website or elsewhere, endorsements from you or descriptions you provide about your experiences. You agree that your Personal Information and experiences with us may be used and adapted for these purposes (without the need for compensation). If we use your Personal Information and experiences in this manner, and such use discloses other Personal Information, we will obtain your permission before using any other Personal Information.

3.9. Information You Wish to Have Posted on the Website. We collect Personal Information from you when you provide us with Submitted Content for posting on our Website. We may use this Personal Information to respond to you, verify your identity and for other purposes. Please review Section 4 (Submitted Content) for information concerning how we treat Submitted Content (and any Personal Information) you may post on our Website.

3.10. Employment Opportunities. Our Site may include information allowing you to learn more about employment opportunities with Akida and the ability to apply for a job online. We collect Personal Information in connection with your employment application, and will use this Information to process your application.

3.11. Other Uses. In addition to the uses specifically identified in this Section 3 (Our Uses of Your Personal Information), we may use Personal Information you submit in any other manner we reasonably deem necessary in order to provide you with the information, goods and services you request from us via the Website.

4. Submitted Content. You may choose to provide to us for posting publicly on our Website or elsewhere, and in certain circumstances you may post directly (for example, posting a product review), information that includes Personal Information. Personal Information included with Submitted Content will be treated as Submitted Content, and not as Personal information. We may choose (in our sole discretion) to publicly post Submitted Content on our Website. Please keep in mind that Personal Information posted in this manner is not subject to the provisions of this Privacy Policy. If you are posting Personal Information concerning an individual other than yourself, be sure that you have permission from that individual to make the posting. Please review our Terms of Use for more information on how we treat the information you wish to post on our Website and elsewhere (referred to as “Submitted Content” in our Terms of Use).

5. Disclosures to Third Parties. We will not disclose Personal Information about you to third parties without your express consent, except in the following circumstances:

5.1. Vendors. We employ other companies to perform functions both on our and your behalf, such maintaining the Website, collecting information, sending and responding to electronic mail and other functions necessary to support Akida, the Website and the products and services that we offer (collectively, the “Vendors”). We will provide Vendors with only that Personal Information necessary to perform their functions and instruct them not to use Personal Information for any purpose inconsistent with this Policy. We require that our Vendors agree contractually to comply with privacy laws and to maintain protections for Personal Information consistent with this Policy.

5.2. Affiliates. We share Personal Information with our Affiliates in order to provide you with product offerings, service offerings and for other purposes. Our Affiliates have agreed contractually to comply with privacy laws and to maintain protections for Personal Information consistent with this Policy. You have the ability to “opt-out” of this information-sharing by following the direction provided in Section 8 (Opting Out).

5.3. Questions of Harm. We may disclose Personal Information about you on a case-by-case basis to attorneys, private investigation organizations, or law enforcement agencies if we believe that you are: (i) in risk of harm from another; (ii) harming or interfering (or will harm or interfere) with others; or (iii) violating (either intentionally or unintentionally) our Terms of Use or other legal obligations.

5.4. Legal. We will reveal Personal Information about you to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personal Information, we may attempt to notify you via the email address you provided (if any) within a reasonable time before we respond to the request, unless such notification is not permitted. In addition, we may share your Personal Information with third parties as otherwise permitted by law in order, for example, to protect against fraud, the confidentiality or security of our business records or to comply with applicable legal requirements.

5.5. Transfer of Ownership. We shall be entitled to transfer Personal Information to a third party in connection with a sale of all or substantially all of the assets of the entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personal Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

6. Our Use of Anonymous Information. We use Anonymous Information to analyze the effectiveness of our Site, to improve our Website, products, services, and for other purposes. For example, the fact that our Site users spend a majority of their time reading about our technology and how it works would constitute Anonymous Information, if that information does not identify a particular user. This information provides us with potentially useful data concerning our users’ preferences and the efficacy and interest of our Site, products and services. In addition, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users, and the use of our Website and related services, and may share Anonymous Information with third parties, including advertisers (if any). Rest assured that Anonymous Information provided to third parties will not allow anyone to identify you. We may collect Anonymous Information through features of the software supporting our Website through both the means described below and other means.

6.1. IP Addresses; Logs. Either directly, or through our hosting service provider, we may automatically receive and record information from your internet browser, including your IP address (the internet address of your PC), your computer’s name, the type and version of your web browser, referrer addresses, where the computer is routing from and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information that will be aggregated with information about other users in order to understand how our Website is being used, and for security and monitoring purposes.

6.2. Cookies. A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide a tailored user experience and to make it easier to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Site. In addition, other third-party websites may recognize our cookies stored on your computer, and use that information to provide you with information related to the content of our Website. You may set your browser so that it does not accept cookies, though cookies must be enabled on your web browser if you wish to access certain personalized features of our Site.

6.3. Tags. We may use “pixel tags,” – small graphic images (also know as “web beacons”, “single-pixel GIFS”, or “web bugs”) – to tell us what parts of our Website have been visited, to measure the effectiveness of searches users perform on our Site and for other purposes. Pixel tags also enable us to send email messages in a format users can read, and inform us whether emails have been opened, to help ensure that our messages are of interest to recipients. None of this data includes Personal Information, and you can opt out of receiving these types of emails from us by following the directions provided in Section 8 (Opting Out). Personal Information collected using such tools will be subject to the terms of this Privacy Policy.

6.4. Click-Throughs. We may send emails that use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 8 (Opting Out).

6.5. Banner Ads; Advertising Profiles. Our Site may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser (collectively, “Advertisers”). These Advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles and related content. An Advertiser may place or utilize its own cookie on your browser and may use Anonymous Information about your visit to our Site, such as the number of times you have viewed an ad. If the Advertiser requests that you provide Personal Information to it, please be aware that the Advertiser’s use and collection of this information will be governed by its privacy policy, and not our Privacy Policy. We recommend that you review the Advertiser’s privacy policy before providing Personal Information.

7. Any Anonymous Information Linked with Personal Information is Protected as “Personal Information.” To enable us to better understand your characteristics and/or to provide services tailored to your needs, we may link Personal Information with Anonymous Information (collectively, “Linked Information”). Linked Information will be treated and protected as Personal Information under this Privacy Policy.

8. Opting Out. Because we respect privacy rights, we allow you to opt out of receiving certain information. If we choose to send bulletins, Alerts, or other communications to you, we will provide you with the ability to decline, or opt out of, receiving such communications. In addition, you have the option to unsubscribe to our Alerts, and we will take reasonable steps to comply with this request in a timely manner. Instructions for opting out will be provided if and when we determine to send such a communication. Please understand that you will not be allowed to opt out of formal notices concerning the operation of our Website, and legal and other related notices concerning your relationship to us and our Website.

9. Access; Removing Information. To allow you appropriate control over your Personal Information, you can request us to change, update or delete Personal Information that you have previously submitted to us. We will take reasonable steps to verify your identity before fulfilling such requests. You may also delete your name and other Personal Information from our databases. Please understand, however, that it may be impossible to remove Personal Information completely due to system backups and records of deletions. In addition, if you request the deletion of your Personal Information, you will be unable to utilize the services associated with that Personal Information. We will fulfill deletion requests within a reasonable time.

10. Third-Party Sites. Our Site and Alerts contain links to other sites. Please be aware that we are not responsible for the privacy practices or content of other sites. We encourage you to be aware when you leave our Site and to read the privacy policies of each website that collects Personal Information. This Privacy Policy applies solely to information collected on our Site and does not apply to information collected by a site operated by a third party. Rest assured, however, that Personal Information we receive from third-party sites will be treated by us as Personal Information pursuant to this Privacy Policy, unless such information is included with Submitted Content.

11. Security. We have put in place security systems, physical and technical safeguards, and quality controls designed to prevent unauthorized access to, or disclosure of, Personal Information (collectively, the “Security Safeguards”). Our Security Safeguards are structured to deter and prevent unauthorized users and others from accessing Personal Information. Please understand that our Security Safeguards are not fail-proof and, due to the nature of internet communications and evolving technologies, we cannot provide, and expressly disclaim (to the extent permitted by law), assurance that the information we receive about you via the Website will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access. Please note that you play a key role in protecting the security of your Personal Information. For example, you should guard your password to our Website, and not give it to others to use. In addition, you should close your browser when have finished viewing your information on our Website in order to prevent others from viewing your Personal Information.

12. Definitions.

12.1. Affiliate. The term “Affiliate” means an entity controlling, controlled by or under common control with, Akida. For purposes of this definition, “control” shall mean ownership or control, either directly or indirectly, of greater than 50% of the voting rights of such entity or the ability to control the day-to-day operations and business of such entity.

12.2. Anonymous Information. The term “Anonymous Information” has the meaning set forth in Section 2.1 (Anonymous Information) of this Privacy Policy.

12.3. Authorized Akida Distributor. The term “Authorized Akida Distributor” means those users that are established dealers of Akida products as well as those users that are approved by Akida to become dealers.

12.4. Other Policies. The term “Other Policies” has the meaning set out in our Terms of Use.

12.5. Personal Information. The term “Personal Information” has the meaning set out in Section 2.2 (Personal Information) of this Privacy Policy.

12.6. Submitted Content. The term “Submitted Content” has the meaning set out in our Terms of Use.

13. Additional General Provisions.

13.1. Privacy Protection for Children. Our Website is not directed at children and we will not accept or request Personal Information from individuals we know to be under 13 years old. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), if we learn that a child under 13 years old has provided Personal Information, we will either: (i) delete this information from our databases in accordance with our deletion procedures set out in Section 9 (Access; Removing Information), or (ii) obtain verifiable parental consent in accordance with COPPA.

13.2. Changes to Our Privacy Policy. We may change our Privacy Policy from time to time. If we make any changes regarding the Privacy Policy, we will post the new Policy on our Website. Changes to the Privacy Policy will become effective upon your consent pursuant to Section 1 (Your Consent), at which point the new Privacy Policy shall govern information we collect from you.

13.3. Disclaimer Notice. We make no claims, promises or guarantees about the accuracy, currency, completeness or adequacy of the content of this Website, products and services available through the Site or Submitted Content, and expressly disclaim liability for errors and omissions in the related content. No warranty of any kind, implied, express or statutory, including but not limited to warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus is given with respect to the Website, products and services offered through the Site, Submitted Content, embedded links to other internet resources or other communications. Although we have put in place security systems (as described in this Privacy Policy) that are designed to prevent unauthorized disclosure of your Personal Information, due to the nature of internet technologies we cannot provide assurances as to the security of this information, and expressly disclaim any such obligation.

13.4. Site Privileges. You agree to refrain from all activity that imposes an unreasonable burden on the Site, and we reserve the right, in our sole discretion, to limit the access of any user violating this Privacy Policy.

13.5. Choice of Law and Jurisdiction; Translations. This Privacy Policy shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Privacy Policy shall be resolved exclusively by the state or federal courts sitting in the judicial district that includes Jacksonville, Florida. This Privacy Policy may be translated into languages other than English (collectively, “Translations”). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either this Privacy Policy or the Translations shall be conducted in English, and the English version of this Privacy Policy shall control over the Translations.

13.6. Contact Us. If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at: info@www.airocide.com/

13.7. Complete Agreement. This Privacy Policy must be read in conjunction with our Terms of Use and Other Policies, and the provisions of our Terms of Use and Other Policies are incorporated herein. To the extent the Terms of Use or Other Policies conflict with the terms of this Privacy Policy, the terms of this Privacy Policy shall control. Moreover, the terms of the Terms of Use shall, to the extent they conflict with the terms of the Other Policies, control over the Other Policies.

14. Effective Date: February 1, 2013

Terms of Sale

Airocide® Air Purification System Terms of Sale and Limited Warranty Akida Holdings LLC (“Akida”) has developed the Airocide® Air Purification System (the “Airocide System”) for use in air purification. You wish to purchase and operate the Airocide System, and you wish to obtain warranty service as provided below. You understand that, in order to obtain such rights, you must agree to be bound by the terms and conditions set out in this Airocide® Air Purification System Terms of Sale and Limited Warranty (the “Agreement”). For reference, a Definitions section is included as Section 13 of this Agreement.

1. Acceptance of Agreement. You accept this agreement by (i) clicking “I accept” on the Akida Website in connection with your order; or (ii) using the Airocide System. There is no right or permission to operate, or use the Airocide System unless and until a Licensee accepts the terms and conditions of this Agreement as to such Airocide System.

2. Payment. Pricing for the Airocide System depends upon the payment option you select, as set forth in more detail below. The current prices for purchasing the Airocide System are posted at https://www.www.airocide.com/order, in addition to any applicable Taxes indicated at the time of purchase or assessed thereafter(“Purchase Price”).

2.1 One-Time Payment in Full. You may elect to make a one-time payment in full of the discounted price posted at https://www.www.airocide.com/order using your credit card.

2.2 Multi-Payment Plan. You may elect to make payment of the current full price posted at https://www.www.airocide.com/order via nine equal monthly payments comprising (i) a down payment of one ninth (1/9) of the full price plus tax (such tax calculated based upon the full price of the Airocide System, including all additional payments as set forth below) and all other charges relating to other products or accessories purchased, including expedited shipping charges, all of which will be billed to your credit card on the initial date of purchase, and (ii) eight (8) additional monthly payments of one ninth (1/9) of the full price, which will be billed automatically to your credit card provided on the initial date of purchase commencing thirty (30) days after the initial date of purchase and every thirty (30) days thereafter until each such additional payment has been billed to your credit card.

2.3 Your Authorization. By selecting a payment option and providing your credit card information, you (i) agree to pay the corresponding charges and authorize Akida to charge such fees to the credit card provided by you at the time of purchase, (ii) represent and warrant to Akida that the credit limit for the credit card you provided is sufficient for the above charges, and (iii) you agree to be liable for all amounts set forth above (regardless of whether the credit limit for the credit card you provided is sufficient for each of the above charges). In the event that the credit limit for the credit card you provided is not sufficient for the above charges or such credit card is cancelled , revoked or suspended before full payment is made, you agree (i) to provide Akida with an alternative credit card and hereby authorize Akida to charge the amount remaining due from you to such alternative credit card.

3. Delivery. Upon initial payment by you, we will process and ship your order within the time frame we specify at the time of purchase (the “Ship Date”). We will use reasonable efforts to timely notify you of any delays in the Ship Date.

4. License Grant. Upon your acceptance of this Agreement, and subject to its terms and conditions, Akida hereby grants you (“Licensee”), under its intellectual property rights and during the Term, a non-exclusive, non-transferable, world-wide, limited license to use and operate the Airocide System for air purification purposes.

Page Two of Legal Document

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