TERMS OF USE AND CONDITIONS AGREEMENT

Inova Purifiers, Inc. ("Inova Purifiers") provides and operates an online store for the sale of air filtering and purification products (collectively, the “Products”).  This Terms of Use and Conditions Agreement (“Agreement”) describes our policies and practices while you are using the www.inovapurifiers.com website (“Site”).  If you become a customer of Inova Purifiers by purchasing products through the Site, you will also agree to be bound by the Terms of Sale, which shall exclusively govern all sales from the Site.

  1. Notice

This Site is owned and operated by Inova PurifiersInova Purifiers has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content and software needed for access or use of the Site.  By agreeing to use this Site and its Products, you understand and agree to all terms and conditions of this Agreement, which may be revised from time to time.  You may visit the Site to review any revised Agreement.  All such changes will be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

  1. Intended Use

a. This Site is intended for your benefit, to become familiar with the Products and Services of Inova Purifiers, to offer Products for purchase, and to educate you on our company and our services (collectively, the “Services”).

b. You understand that Inova Purifiers does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including third-party advertisements posted on the Site.

c. You understand that any statements by Inova Purifiers, its employees,  agents, and affiliates are provided for informational purposes only.

  1. Our Services
a. Inova Purifiers makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the services or Products provided by any individual, company, or service provider utilizing the Site or featured on the Site and assumes no liability related thereto.
b. You understand that price quotes offered are subject to Inova Purifiers’ final approval and do not guarantee acceptance of an offer.
c. Statements and Claims. Statements in claims made by Inova Purifiers within any of the literature, advertisements or made verbally (such as improved, increase success, better, consistent) are statements made as advertising claims and any reliance made by the practitioners or users of these statements must take into consideration that results that reported successes were related to controlled scientific experiments and may not be repeatable in all environments, situations, or by all practitioners. The individual procedures, protocols steps utilized by each practitioner may change the results and may not have the same success rates, pregnancy rates or overall results.

d. FDA Statement. Statements and claims have not been evaluated by the US Food and Drug Administration. The products included in these statements are not intended to diagnose, treat, cure or prevent any illnesses, diseases, disorders or medical conditions.

 e. Literature Disclaimer. The term ‘Literature’ refers to all printed and web-based material. All information contained in our Inova Purifiers literature are for informational purposes only. Inova Purifiers is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within our literature. While the information in our literature is periodically updated, no guarantee is given that the information provided is correct, complete, and up-to-date. Although Inova Purifiers may include links providing direct access to other Internet resources, including Web sites and documents, Inova Purifiers is not responsible for the accuracy or content of this information. Inova Purifiers literature is not intended to constitute a legal or binding relationship. The information contained herein, nor the perusal of it, establishes nor constitutes a fiduciary relationship with Inova Purifiers or its associates. All sales, services, agreements for service, and vendor relationships will be executed via a written contract or letter of mutual understanding. Individuals sending e-mails does not establish a fiduciary relationship of the sender with us or any of its associates or partners. The sender of the e-mail has no expectation of privacy, privilege, or confidentiality either in the content of any message sent.

f. INOVA PURIFIERS DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL SERVICES AND, AS SUCH, ASSUMES NO LIABILITY FOR INFORMATION CONTAINED HEREIN AND ANY COMMUNICATION OF FACT OR OPINION. YOU AND/OR HEALTH PRACTITIONER (“PRACTITIONER”) ASSUME FULL RESPONSIBILITY FOR THE APPROPRIATE USE OF MEDICAL INFORMATION CONTAINED IN THE PRODUCT AND AGREES TO HOLD INOVA PURIFIERS HARMLESS FROM ANY AND ALL CLAIMS OR ACTIONS ARISING FROM YOUR AND/OR PRACTITIONER’S USE OF THE PRODUCT. You and/or Practitioner are prohibited from making any promises to the patient of a ‘Shared Risk Financial Program’, “IVF Refund Guarantee” guarantee of outcome, donor programs or similar type of IVF enticement programs. Inova Purifiers does not warranty or guarantee any results, outcome, success rates or the use of the product by practitioners and does not under any circumstances either directly or impliedly to have a contract, agreement or any type of relationship with the patients, their heirs, successors or assigns or can they be implicated in such or any additional implied arrangement. You and/or Practitioner assume all responsibility for the liability for such products and procedures as it relates to any agreements, contracts or promises with the patients, and will under no circumstances be able to transfer the liability of such to Inova Purifiers. You and/or Practitioner are prohibited from making any promises, guarantees or warranties concerning Inova Purifiers, Inova Purifiers products and/or results. At no time are you and/or Practitioner considered an agent of Inova Purifiers.

  1. Restrictions on Use

 The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.  No part of any informational material, form, or document may be reproduced in any way or incorporated into any information retrieval system, electronic or mechanical, other than for your own personal use (but not for resale or distribution).

  1. Privacy Policy

Please see our Privacy Policy, which is incorporated herein by reference, to review how information collected on the Site is used by Inova Purifiers.

  1. Use of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are not subject to change.  Unauthorized use of our Site and systems including but not limited to unauthorized entry into our system, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.  Not all products and services are available in all geographic areas.  Your eligibility for particular products and services is subject to final determination by us.

  1. Disclosure of Collected Information

a. Information from the Site.  Except as provided in this Agreement and in our Privacy Policy, Inova Purifiers will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other personal information, that we collect via the Site.  Inova Purifiers, however, will cooperate with official law enforcement inquiries, such as fraud investigations, subpoenas, and all other government requests, and will disclose your information when necessary to comply with state and federal laws and regulations.

b. Disclaimer Regarding Privacy.  We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Agreement and in our Privacy Policy.  By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.

 c. Type of Information Collected.  Inova Purifiers or our third-party vendors may collect personal information, such as:  your name, e-mail address, postal address, shipping information, telephone and facsimile numbers, and URL.  Inova Purifiers may also automatically gather and store the following information in log files:  IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site.  The Site may also gather demographic information. 
  1. Enforcement

a. Limitations of Warranties and Remedies.     To the full extent allowed by law, Inova Purifiers disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose.  Inova Purifiers neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the services and the Site.  In no event will Inova Purifiers be liable for any incidental, consequential, punitive or special damages, including, without limitation, lost profits or revenues, even if Inova Purifiers has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
 
b. Indemnification.  You agree to defend, indemnify, and hold harmless Inova Purifiers and its officers and employees (the “Inova Purifiers Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Inova Purifiers Parties may incur arising out of or resulting from the use of the Site or any of the products or services of Inova Purifiers.
 
c. Choice of Law and Venue.  This Agreement will be construed and governed in accordance with the laws of the state of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction.  By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to this Agreement or its enforcement.  The parties also hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to this Agreement or its enforcement.
 
d. SeverabilityIf any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
 
e. Additional Provisions Regarding Liability.  You and Inova Purifiers agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
 
f. Notices.  Any notices or communications sent by you to Inova Purifiers pursuant to this Agreement must be in writing and sent to the address specified herein or such other address as Inova Purifiers may specify in writing.
 
            All notices will be sent to:
 
                        Inova Purifiers
                        3301 Technology Drive
                        STE 205

                        Plano, TX 75074
                        Email: sales@inovapurifiers.com

  1. Additional Information
a. Links. The Site may contain links to other sites.  However, please be aware that Inova Purifiers is not responsible for and cannot control the terms of use and conditions of such other sites.  We encourage you to be aware when you leave the Site, and to read the terms of use of each and every website.  This Agreement applies solely to this Site.  We are not responsible for the content, accuracy, or opinions expressed in such web sites.  Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us.
 
b. Trademarks. Inova Purifiers, www.inovapurifiers.com, the INOVA PURIFIERS trademark and logo, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Inova Purifiers.  All rights are reserved.  All other trademarks appearing on the Site are the property of their respective owners. 
 
c. Copyrights. The Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, software, photos, video graphics, music, and sound.  The contents of the Site are protected under the United States copyright laws.  You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.  No copyright, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Inova Purifiers and the copyright owner.

d. Representations and Warranties. By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Inova Purifiers.  You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site.  You also represent and warrant that any information you provide us is true and accurate.

e. Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us using the “Contact” page on our Site.
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