Terms of Use

Your use of the website, content, any and all services and additional components (i.e. mobile applications, text messages, etc.) (collectively, the "Service") made available by Air Water & Ice, LLC (AWI), its respective divisions, subsidiaries and affiliates (collectively, "INS", "we", "us", or "our") is subject to the terms of a legal contract between you and AWI.  These General Terms and Conditions of Use ("General Terms") explain how the legal contract between you and AWI is made and sets out the terms of that contract.

1. Agreement to Terms.

Unless we agree otherwise in writing, your contract with us always includes the General Terms.  To the extent any area within the Service contains specific terms and conditions concerning its use ("Specific Terms"), your contract with AWI will also include those Specific Terms.  To the extent there is a direct conflict between the General Terms and the Specific Terms, the Specific Terms shall prevail.  Together, the General Terms and Specific Terms, if any (collectively, the "Terms"), form the legal and binding contract between you and AWI.  Because the Terms are a legally binding contract, you should carefully read them before accessing or using the Service.

You may not use the Service if you do not accept the Terms.  By clicking to accept or agree to the Terms or by using the Service, you agree to comply with the Terms and all applicable laws and regulations in connection with your use of the Service and your purchases on the Service.  If you do not want to be bound by these Terms, please do not use the Service.

These Terms and the information provided in the Service do not modify or supersede the terms and conditions of your purchase of any product or service from AWI except as specifically provided in these Terms.

2. Privacy.

You understand and agree that by using the Service, we will collect personal information about you.  You consent to our collection, use and disclosure of your personal information in accordance with our privacy policy, available at AirWaterIce.com, as modified by us from time to time.

3. Modification of Terms.

AWI shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Service.  Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting the revised or additional terms and conditions at www.AirWaterIce.com or providing notice through the Service.  You should check www.AirWaterIce.com periodically for any modification to these Terms.  By using the Service after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them.  No modification to these Terms by any party other than AWI shall be enforceable against AWI unless expressly agreed to by AWI in writing.

4. Payment.

Any payments for the purchase of any products or services purchased through the Service are due immediately upon the completion of such purchase.  Any payments that are more than five days past due for any reason, including but not limited to, use of an invalid credit card or insufficient bank account funds, shall accrue interest at the rate of 1.5% per month until paid.  You agree to pay all of our costs of collection of your overdue payments, including but not limited to, collection agency fees and reasonable attorney's fees.

5. Delivery:  Although AWI will use its reasonable best efforts to timely deliver any products or services requested, ordered or purchased by you, or on your behalf, through the Service, delivery dates are approximate.  AWI will not be liable to you for delays in delivery of any products or services and any damages, expenses or costs that may result from any delay in such products or services. AWI sells UPS and USPS shipping rates for expedited shipments as these providers have proven to be more reliable than other carriers. Our economy shipping rate is a mix of UPS, USPS or FedEx. USPS and FedEx delivery times are not guaranteed. If you need a guaranteed shipping option, please use UPS as the other service providers are not as reliable.  

6. Information Only. You hereby acknowledge and agree that the Service provided is cost savings information only and should only be carried out with the approval of a licensed physician.  The Service does not constitute medical advice or pharmacy advice, and the Service does not constitute medical or pharmacy services, in any form for any reason. You acknowledge and agree that the cost savings information provided pursuant to the Service is for cost savings purposes only, and the medications or prescriptions that may be recommended are not recommendations for the most effective prescription for a certain illness, ailment or medical condition and may not be the most effective medication or prescription for your health condition or care. We do not evaluate your prescription medication profile to check for any drug interactions or potential allergic reactions and it is your responsibility for discussing all medications that you are taking with your physician and to check for any potential adverse side effects, complications or allergic reactions. Therefore, you understand and agree that you must acquire your physician's approval before making any changes in or to the dose, quantity or type of prescription medication(s) that you may use based upon our recommendations or use by you of the Service.

7. Your Sole Use.  The Service provided by AWI to you under the Terms is for your sole use. The Service, including the prescription profile and cost savings report, is individualized and is not for use by any third party. Except as otherwise provided in this Agreement, you shall not provide any third party, for any reason, the information transmitted from AWI to the you pursuant to the Service, in whatever form including oral, written or electronic (the “Service Information”), except to any licensed physician for the approval of any change in medication or prescription. You shall not divulge any Service Information in breach of the Terms. You shall not use for your own benefit (excluding for the purpose of the Services to provide a prescription cost savings benefit for you) publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of AWI, any Service Information.

8. Third Party Information. If you submit any information to us through the Services, including any medical or other personal information, of a third party, then you represent and warrant that you (a) are authorized to submit such information to us; and b) you are authorized to receive Service Information, and any other information, from us regarding such third party. Any Service Information that you may obtain from us regarding a third party shall be for your and such third party's sole use in accordance with Section 8 of these Terms and may not be shared with any other third party for any reason except for any exceptions discussed in Section 8 of these Terms.

9. Discontinued Operation of Service; Termination of Access.

We grant you a limited, non-transferable license to make personal use of the Service on one computer or mobile device in accordance with these Terms, and all applicable laws.  This license does not include the right to resell or make any commercial use of the Service or any content available through the Service.

AWI retains the right, without notice and at any time, to modify, suspend or discontinue the availability of all or any part of the Service, to charge a fee for parts of the Service that may have been previously provided at no charge, or to discontinue any products or services offered through the Service.  AWI is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.

AWI may disable your ability to access your account or may terminate your right to access or use the Service or any portion thereof, without notice, at any time, and for any reason, including reasons such as conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, AWI or its contractors, vendors, and content providers (collectively, "Providers").

Your right to use the Service terminates automatically if you fail to comply with these Terms.  No notice is required from us to effect such termination.  Additionally, we may terminate these Terms at any time and for any reason and may give you notice of such termination by any means, such as e-mail, alert messages posted through the Service, posting notice on www.AirWaterIce.com  or otherwise generally publishing such termination.  Upon termination, you must stop using the Service and remove all copies from your computer or mobile device.  Rights and obligations under these Terms which by their nature should survive will survive and remain in effect after any termination or expiration of the Terms.