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Website Terms of Service

Terms of Use

These Terms of Use govern your use of the website located at www.airmega.com and the Coway mobile application (together, the “Site”) The Site is made available to you by Coway Co., LTD. (“Company” or “we” or “us”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.

Rights in Materials

As between you and Company, Company owns the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design and organization of the Site. This includes all intellectual property and proprietary rights in these materials. When you use the Site or download materials from the Site, you do not acquire any ownership of any such content, code, data, or materials.
The Site is only for your personal, non-commercial use. You may not make any commercial use of the Site, or any content, code, data or materials on the Site, unless you have received our prior written permission.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Site. Doing so may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.

Trademarks

The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Company (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits Company or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our prior written permission.

User Information

When you use the Site, you may be asked to provide certain personal information to us (“User Information”). Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy. The Privacy Policy is part of these Terms of Use.
You are solely responsible for the accuracy and content of your User Information.

Use of the Site

You are responsible for your use of the Site and for any use of the Site made using your account. Accordingly, you are responsible for maintaining the confidentiality of your account and password.
Our goal is to create a positive and safe experience when you and others use the Site. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:
o send unsolicited or unauthorized advertising or commercial communications, such as spam;
o transmit any malicious or unsolicited software;
o use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site;
o use automated methods to send more requests to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
o interfere with or disrupt the Site.
We reserve the right to refuse service and/or terminate access to the Site without prior notice for any user who violates these policies.

Feedback

If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback”), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.

Indemnification

You will fully compensate us and our directors, officers, employees, and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs, and expenses, including reasonable legal fees costs, arising from your use of the Site or your breach or violation of law or these Terms of Use.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

Orders for Products and Services

We make certain products available for sale to visitors and/or registrants of the Site. Our policies for pricing, shipping, and returns, as well as information regarding limitations on the availability of certain products, are located at www.airmega.com.
[You may only order products if you are 18 years old or older or of the age of legal majority. If you place an order, you promise that you meet these requirements.]
You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
You may not resell any products purchased through or via any of the Site for commercial purposes.

Third-Party Websites

You may be able to access or use the Site from a third-party website, Internet resource, or software application (“Linked Sites”). You may also be able to access and use a Linked Site from a link available on the Site. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites anywhere on the Site does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate or compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

DISCLAIMERS

The site is provided “as is” and “as available,” without warranty or conditions of any kind, either express or implied, and all such warranties and conditions are disclaimed to the maximum extent permitted by applicable law.
We make no warranties or conditions whatsoever regarding the site, including, without limitation, warranties regarding information, content, and merchandise available on the site; uptime or uninterrupted access to the site; title; non-infringement; merchantability or fitness for a particular purpose.
We do not warrant that the site or the content, functions, or materials contained on the site will be secure, uninterrupted, or error free, or that defects will be corrected.
Using the internet may expose you to certain risks. We are not responsible for any viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or from downloading any materials, data, text, images, video, or audio from the site.
We try to ensure that the information posted on the site is correct and up-to-date, but it may not be. We may change any of the information provided on the site at any time and without any prior warning. We will not be liable for any inaccuracy or omission concerning any of the information provided on the site or about any merchandise offered on the site.
The foregoing exclusions of express and implied warranties may not apply to the extent prohibited by local laws.
To the extent Company may not, as a matter of applicable law, disclaim any warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.

LIMITATION OF LIABILITY

To the maximum extent permitted under applicable laws, neither company nor its affiliates, nor any of their directors, officers, employees, or agents will be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to the site, even if advised of the possibility of such damages.
To the maximum extent permitted under applicable laws, in no event shall the total aggregate liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of use or your use of the site exceed, in the aggregate, the amount, if any, paid by you to company for your purchase of products via the site.
Some jurisdictions do not allow the exclusion or limitation of damages, so some of the above limitations may not apply to certain users.
To the extent company may not, as a matter of applicable law, limit its liabilities, the extent of company’s liability shall be the minimum permitted under such applicable law.

Applicable Laws

We direct the Site to users located primarily in the United States. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. We do not represent that materials on the Site are appropriate or available for use in locations to which we have not directed the Site. Persons who choose to access the Site from locations to which we do not direct the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

Company may change, suspend, or discontinue any aspect of the Site or the Site services at any time. If you violate any of these Terms of Use, your permission to use the Site automatically terminates.

Changes to Terms of Use

Company may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Site. Your continued use of the Site and/or the services offered on or through the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Arbitration

You and Company agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Company hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Site or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in [Los Angeles County, California] before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements governing your use of the Site. The arbitrator shall not have the power to award punitive damages against any Party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the arbitration rules, and the right to certain remedies and forms of relief. Other rights that you or company would have in court also may not be available in arbitration.

Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the arbitrator or court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
Effective Date: August 24, 2015

Website Privacy Policy

This is the Privacy Policy for the website located at www.airmega.com and the [Coway airmega mobile application] (together, the “Site”), and any and all associated services provided by Coway USA Inc. (“Company” or “we” or “us”) in connection with the Site.
Your privacy is important to us, and we have prepared this Privacy Policy to explain how we collect, use, and protect Personal Information and Non-Personal Information (each, as defined below) when you use the Site and your choices for managing your information preferences. By using the Site, you agree to be bound by this Privacy Policy and the Terms of Use [www.airmega.com] .

Information You Choose to Submit

We collect information that personally identifies you, such as your name, telephone number, billing and shipping address, credit card number, and other payment information, email address and other data that can be reasonably linked to such information (“Personal Information”) only if you choose to share such information with us. For example, you will be required to provide us with certain Personal Information to register with the Site and purchase products. The decision to provide this information is optional; however, if you decide not to register or provide such information, you may not be able to use some or all of the features of the Site, including, without limitation, making purchases. You may review, correct, update, or change your Personal Information, or remove your Personal Information from our direct marketing efforts, at any time by visiting your profile or account page on the Site, or by contacting us at: [4221 Wilshire Blvd., #201, Los Angeles, CA 90010, Telephone 1-800-285-0982, fax 1-213-386-3990, info@airmega.com]

Under no circumstance do we share Personal Information for any commercial or marketing purpose other than internal purpose herein without asking you first.

Information We Automatically Collect

We automatically collect information that does not reflect or reference an individually identifiable user (“Non-Personal Information”) to help us understand how our users use the Site. Like most websites, we automatically collect and use the data contained in log files. The information in the log files may include the IP address of the computer or server that you are using to access the Site, the IP address and/or the URL from the website you visited just before you visited our Site, the URL of the page you visit upon leaving the Site, if any, and the type of browser and operating system and device you are using. This anonymous usage information may be associated with your user name and profile, but we will not disclose the associated information to third parties.

Cookies and Web Beacons

We may use cookies (a small file containing a string of characters that uniquely identifies your web browser) and web beacons (an electronic file placed within a website that monitors usage). We may use cookies and web beacons to improve the quality of the Site. Most web browsers are initially set up to accept cookies, but you can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Site may not work if you delete or disable cookies. Certain of our Service Providers (defined below) may use cookies and web beacons in connection with the services they perform on our behalf, including, without limitation, targeted ad serving.
The www.airmega.com site will not respond to web browser “do not track” signals that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time. Our mobile application will not respond to such signals.

We may work with third-party advertising companies, which may use information about your visit to the Site in order to provide advertisements about goods and services that may be of interest to you on the Site and/or on third-party websites. From the Site, these companies may place or recognize a unique cookie on your computer or use other technologies such as web beacons or pixel tags. Our Privacy Policy does not cover any use of information that a third-party advertisement serving company may collect from you. For more information about ad cookies and companies that provide users the ability to “opt-out” of the collection of information from such cookies, please click here.

How We Use Your Information

We may use Personal Information and Non-Personal Information for internal purposes, such as to process and fulfill your orders, to communicate with you regarding your orders and deliveries, to notify you of new products or services, to send service notifications, to customize the advertising and content you see, to improve the Services, to conduct research, to solicit your feedback and input about the Site, and to provide more relevant products, services, and advertisements and relevant information useful for customers on or through the Site. Such information may be combined with data collected from other sources so that we may further improve the relevance of products, services, and advertisements offered on or through the Site.
From time to time, we may establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services on our behalf, such as production and fulfillment, payment processing, hosting and maintenance, data storage and management services, and marketing and promotions. We provide our Service Providers with the information reasonably necessary for them to perform these services, which information may include certain Personal Information such as your name and email address. Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification, or disclosure.
We may use, and disclose to third parties, certain Non-Personal Information regarding the Site (e.g., the total number of persons purchasing particular items, the aggregate number of purchases from a particular geographic location, etc.). However, such information does not identify you individually.
We may disclose your information with entities controlling, controlled by, or under common control with the Company. In certain instances, we may disclose your information when we believe it is necessary to identify, contact, or bring legal action against persons or entities in order to protect us or our users, or when we believe that the law or legal process requires such disclosure. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use the Site for illegal reasons, such as an intellectual property rights violation, or to commit fraud. In addition, in the event that the Company is merged, sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer your information in connection with such transaction.

Security

Information that we collect is stored on servers using standard security procedures and practices appropriate to the nature of the information in an effort to protect information from unauthorized access, destruction, use, modification, or disclosure. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site, we cannot and do not guarantee or warrant the security of any information you transmit on or through the Site, and you do so at your own risk.

Location

Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country, including in the United States and Korea. If you are located outside the United States, please be advised that the laws in the United States may not be as protective of your privacy as those in your location. By using the Site, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.

Children’s Privacy Statement

We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

Privacy Policy Changes and Questions

Company may, in its sole and absolute discretion, change this Privacy Policy from time to time. We will post a copy of the Privacy Policy as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Privacy Policy as changed. If you object to any such changes, your sole recourse shall be to cease using the Site. If you have questions or would like additional information about our privacy practices, you may contact our Privacy Officer by contacting [4221 Wilshire Blvd., #201, Los Angeles, CA 90010, Telephone 1-800-285-0982, Email info@airmega.com.