Terms of Use

Last updated: April, 2019 

OVERVIEW

This website (the “Site”) is owned and operated by FOLLICLE, LLC (“AER”). Throughout the Site, the terms “we,” “us,” and “our” refer to AER. By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and AER’s Privacy Policy [https://aerdryer.com/pages/privacy-policy](the “Privacy Policy”), which is incorporated herein in its entirety for all purposes. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to this Agreement and of the terms and conditions stated herein, do not use the Site or Services and leave the Site. 
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site and/or Services.
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services. In order to determine your compliance with this Agreement, AER may monitor your access and use of the Site and/or Services in accordance with AER’s Privacy Policy [https://aerdryer.com/pages/privacy-policy]. 

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy [https://aerdryer.com/pages/privacy-policy].
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We do not guarantee or make any warranties or representations regarding any pricing, discounts, specials, or services offered or made available through the Site or Services or that such are the lowest prices available. 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

To purchase products or Services, you may be required to provide AER with information about you (“Personal Information”). If you provide Personal Information to AER then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. AER’s collection, use and disclosure of the Personal Information is governed by this Agreement and AER’s Privacy Policy [https://aerdryer.com/pages/privacy-policy].  

THIRD PARTY LINKS

We may provide a venue or links through which you can obtain information and you can find third-party products and/or services from service providers, advertisers, business partners, affiliates and other third parties (collectively “Service Providers”). We do not endorse or recommend the products or services of any Service Provider and is not an agent or advisor to you or any Service Provider. AER does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services and/or products that they may provide to you and that AER shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers. 

FINANCIAL TRANSACTIONS

You acknowledge and agree that AER is authorized, but not required, to act on payment instructions received from you. You acknowledge that transactions may be facilitated by a third party payment processor (the “Processor”), and agree that we may share your information, including information about your financial accounts, with the Processor, for this purpose. You are responsible for paying all taxes on any purchase, Fees or other charges. 

AER’s INTELLECTUAL PROPERTY RIGHTS 

The content in the Site, Software and Services, to the extent any exists, including without limitation, the patents, trademarks, copyrights, text, Software, graphics, scripts, photos, music, videos, photographs, images, screen shots, downloadable files, product and program names, the compilation of the forgoing and the like (“Content”), is owned by or licensed to AER and is subject to patent, trademark, copyright and other intellectual property laws of the United States and foreign countries. 

You may not use any meta tags or any other “hidden text” utilizing AER’s name or trademarks without the express written permission of AER, which permission may be withheld in AER’s sole discretion.
Content in the Site, Software and Services is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of AER, which permission may be withheld in AER’s sole discretion. AER reserves all rights not expressly granted in and to the Site, Software, Services and Content. AER makes no claim to any third-party names, trademarks or service marks appearing on the Site or through the Services. Any third-party names, trademarks, and service marks are property of their respective owners.
You are solely responsible for any damage resulting from your infringement of AER’s or any third party’s intellectual property rights regarding the Content, and/or any other harm incurred by AER or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We have no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any 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 intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, 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 or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, 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 circumvent the security features of the Site or any related website, other websites, or the internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses. 
Your access and use of the Site and/or Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or Services or other actions that AER, in its sole discretion, may elect to take. AER reserves the right to suspend or discontinue the availability of the Site or Services and/or any portion or feature of the Site or Services at any time in its sole discretion and without prior notice. 
You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Site or Services. 
Additionally, you may not: 
(a)            Modify, adapt, reverse engineer or decompile software for the Site or Services (“Software”), or otherwise attempt to derive source code; 
(b)            Create any copies or derivative works regarding the Site, Software or Services; 
(c)            Use maillist, listserv, an auto-responder or spam on the Site, Software or Services or any processes that interfere with the proper working of the Site, Software or Services; 
(d)            Record, process or mine information about other users; 
(e)            Attempt to gain unauthorized access to the Site, Services, Software, computer systems or networks connected to the same; 
(f)             Use the Site or Services to violate the security of any computer network, disrupt or interfere with the security of, or otherwise cause harm to the Site, Software or Services; 
(g)            Crawl, scrape, index or spider any page or portion of the Site, Software or Services; or 
(h)            Otherwise use the Site, Software or the Services except as expressly provided in this Agreement. 
Any action by you that, in AER’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy [https://aerdryer.com/pages/privacy-policy] 
 (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site or Services; or (iii) through the use of the Site or Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site or Services and termination of this Agreement. You may not metatag, provide links to or frame the Site or Services without AER’s prior express written permission. 

ELECTRONIC COMMUNICATION

When you visit the Site, use the Services or send email to AER, you are communicating with AER electronically. You consent to receive communications from AER, its affiliates and partners electronically and via any e-mail address, text message or other similar means you provide to AER or through the Site or Services for any purposes. Although AER may choose to communicate with you by regular mail, AER may also choose to communicate with you by e-mail or by posting notices on the Site or through the Services. You agree that all agreements, notices, disclosures and other communications that AER electronically provides to you satisfy any legal requirement that such communications be in writing. You also agree to accept such messages and at any applicable network access, data usage or similar fees. 

COPYRIGHT INFRINGEMENT

AER respects the intellectual property rights of others. It is AER’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.

When reporting infringing material to AER (“DMCA Notice”) please provide:

(a)   a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b)   identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c)   identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AER to locate the material;

(d)   information reasonably sufficient to permit AER to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e)   a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f)    a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receiving a complete DMCA Notice, AER will
  • take reasonable steps promptly to notify the poster of the allegedly infringing material (“Poster”) that AER has removed or disabled access to the allegedly infringing material;
  • upon receipt of a counter notification described below, promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that AER will replace the removed material or cease disabling access to it in 10 business days; and
  • replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless AER’s designated agent (identified below) first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Poster from engaging in infringing activity relating to the material on the Site or through the Services.
A counter notification must include:
  • a physical or electronic signature of the Poster;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that the Poster has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • the Poster’s name, address, and telephone number, and a statement that the Poster consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Poster’s address is outside of the United States, for any judicial district in which AER may be found, and that the Poster will accept service of process from the person who provided notification or an agent of such person.

  
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), AER’s designated agent to receive notices and counter notices of claimed infringement is: 
  
Attention:         DMCA Notice 
Attn: AER Compliance Dept.
            FOLLICLE, LLC 
Email address of designated agent: info@aerdryer.com 
If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although AER reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the Site and/or Services, we do not obligate ourselves to do so except in accordance with the Digital Millennium Copyright Act. 

TERMINATION

This Agreement is effective until terminated. We reserve the right in our sole discretion to restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Site. The Terms of Use relating to Intellectual Property, Indemnification, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination. 

UPDATES

AER may apply patches, updates and modifications to its Site and/or Services at any time (each an “Update”), and features may change after the application of an Update. We may change, modify, suspend, or discontinue any aspect of any feature or Service at any time. We may also impose limits on certain features or restrict your access to parts or all of the Site, Software and/or Services without notice or liability. We make no representation that a feature, the Site, Software and/or Services will work on a particular web browser, version of a web browser or device. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABLITY

THE SITE AND SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THERE THROUGH, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, Delays, Errors AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, SITE, SOFTWARE AND THE INFORMATION RECEIVED THROUGH THEM. FURTHER, AER MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE SITE or the content, SERVICES OR PRODUCTS contained therein or obtained there through. 
AER FURTHER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES or guarantees, express or implied, (1) regarding THE QUALITY, VALIDITY, correctness, ACCURACY OR COMPLETENESS OF THE SITE, content, Services, products and MATERIALS associated with the SAME, (2) THAT THE FUNCTIONS CONTAINED ON THE SITE and/or SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, or (3) Regarding the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the SITE, services and products. AER makes no representation, warranty or guarantee that the Content that may be available for downloading from the Site or through the ServiceS is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. AER does not make any representations, warranties or guarantees, express or implied, regarding any quotes, offers, PRODUCTS or Services provided on or through the site.
AER MAY MAKE CHANGES TO THE content OR materials, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE content and MATERIALS MAY BE OUT OF DATE, AND AER MAKES NO COMMITMENT TO UPDATE THE content or MATERIALS AT ITS SERVICES and/or SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THE SITE OR IN CONNECTION WITH THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. 
California residents hereby shall and do waive California Civil Code 1542, which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The Site is controlled and offered by AER from AER’S facilities in the United States of America. AER makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law. 

Limitations on AER’s Liability

In no case shall AER, our 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, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site, service or any products procured using the service, or for any other claim related in any way to your use of the Site, service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site, service or any content (or product) posted, transmitted, or otherwise made available via the Site or service, even if advised of their possibility. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES and/or SITE IS TO STOP USING THE SITE, SERVICE, AND THE INFORMATION OBTAINED THEREIN. NOTWITHSTANDING THE ABOVE, AER’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU AND AER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless AER and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement, or the documents it incorporates by reference, by you; (ii) your access or use of the Site or Services; (iii) your purchase of any Products or Services through this Site or Services; and/or (iv) any personal injury or property damage caused by you. AER reserves the right to take over the exclusive defense and control of any matter for which you would be required to indemnify AER and you agree to cooperate with such defense. You agree not to settle any such matter without the prior written consent of AER. 

Amendments of this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. It is your responsibility to revisit this Agreement from time to time in order to review any changes. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access or use of the Site or Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid prior to termination of this Agreement. 

Governing Law

You agree that: (i) the Site and Services shall be deemed solely based in the State of Wisconsin; and (ii) the Site shall be deemed a passive site that does not give rise to personal jurisdiction over AER, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Wisconsin. This Agreement and the relationship between you and AER is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement shall be brought in the courts of Milwaukee County, Wisconsin, or the United States District Court, Eastern District of Wisconsin, Milwaukee Division and you agree to the exclusive jurisdiction and forum of the same. AER’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. 

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
This Agreement, the Privacy Policy [https://aerdryer.com/pages/privacy-policy] and all aspects of your relationship with AER, including any personal information or data associated therewith, may be disclosed and/or assigned by AER to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving AER and/or its affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or the whole of AER’s business. Nothing in this Agreement is intended to interfere with AER’s ability to transfer all or part of its business, equity, and/or assets (including this Site or Services) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.
All covenants, agreements, representations and warranties made in this Agreement that by their nature should survive, as may be amended by AER from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
The current version of this Agreement and the Privacy Policy [https://aerdryer.com/pages/privacy-policy] represent the entire understanding and agreement between you and AER regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site or Services, please contact AER at info@aerdryer.com.