Welcome to the terms and conditions (“Terms”) for AireSmith Club Membership. These Terms are between you and AireSmith,Inc and/or its affiliates (“AireSmith”, “Us”, or “We”) and govern our respective rights and obligations. If you sign up for a Club Membership, you accept these terms, conditions, limitations and requirements.
You may cancel your club membership any time by sending an email to email@example.com indicating that you would like to cancel. If you cancel within 3 business days of signing up for club membership, either on the yearly or monthly pay schedule, will refund your full membership fee (monthly will be refunded the first month’s fee); provided that we may charge you (or withhold from your refund) the value of Club benefits used by you and your account during this 3-business day period. If you cancel at any other time, we will refund your full membership fee only if you and your account did not make any eligible purchases or take advantage of Club benefits since your latest Club membership charge. Club memberships given as a part of a new system sale or as a gift are non-refundable.
Membership Benefits and Eligibility
Club membership benefits, such as “Priority Service” are subject to availability of open service spots. Discounts to “equipment”, “parts”, and/or “accessories” are subject to change and are based on a piece by piece basis, some pieces may not be eligible for discounts. Some special product, order, handling fees, and/or taxes may still apply to eligible purchases. We may exclude products with special service characteristics at our discretion.
We reserve the right to accept or refuse membership in our discretion. We may send you email and other communications related to Club Memberships and your Club membership (regardless of any settings or preferences related to your account). From time to time, AireSmith may choose in its sole discretion to add or remove Club membership benefits.
Fees and Renewal
The membership fee for Club Memberships are stated in the service invoice provided at the time of service or purchase. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Club membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee and the reduced charges for Club Memberships. If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR CLUB MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
We may in our discretion change these Terms, AireSmith’s Conditions of Use and Privacy Notice, or any aspect of Club membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your Club membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Club membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN AIRESMITH’S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO CLUB MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR CLUB MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Reception and Agreement
By signing up, making payment for, or taking advantage of the Club Membership you are agreeing to these terms and conditions mentioned above. We reserves the right to alter these terms at any time without notice of change.