Terms and Conditions
Last Updated: 01/13/24
Welcome to Air Quality Testers. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.airqualitytesters.com website and the Air Quality Testers service (the "Service") operated by Air Quality Testers LLC ("us", "we", or "our").
LIMITATION OF LIABILITY; WAIVER AND RELEASE
The provision of air quality testing services (collectively “Services”) by AIR QUALITY TESTERS LLC and its affiliates, employees, independent contractors, agents and representatives (collectively, “AQT”) to customer (“Customer”) are expressly contingent upon Customer’s acceptance of this LIMITATION OF LIABILITY; WAIVER AND RELEASE (“Limitation, Waiver and Release”). Customer understands and acknowledges that AQT would not provide any Services to Customer, but for Customer’s acceptance of this Limitation, Waiver and Release. Accordingly, by initialing below and ordering the Services, Customer hereby accepts this Limitation, Waiver and Release for the benefit of AQT, and its affiliates, employees, independent contractors, agents, and representatives, AND CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS LIMITATION, WAIVER AND RELEASE.
LIMITATION OF LIABILITY. Customer understands that air quality testing tests the air quality at a static moment in time, and is subject to many changing and dynamic variables, including without limitation, outside weather, ventilation, interior characteristics, time of day, and location sampled for testing. Customer understands that testing performed under different circumstances may yield differing results. THE SERVICES ARE PROVIDED “AS IS”. ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ARE ALL HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AQT AND ITS AFFILIATES, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY, BY THE SERVICES. IN NO EVENT SHALL AQT, ITS AFFILIATES, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND REPRESENTATIVES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF PROFITS, LOSS OF REPUTATION OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR OTHERWISE ARISING OUT OF THE SERVICES, EVEN IF AQT OR ANY OF ITS AFFILIATES, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AQT’s entire liability for any claim, loss, damage, or expense (together “Damages”) from any cause whatsoever regardless of the form of action, whether in contract, tort, negligence, strict liability or otherwise shall be limited to direct, proven damages in an amount not to exceed for all such claims, the amount actually paid to AQT by Customer. AQT’s entire liability to Customer shall be satisfied by a return of fees paid by Customer.
RELEASE: Except as otherwise expressly set forth herein, Customer, on behalf of him/herself and each other occupant and invitee of the premises at which the Services will be provided (“Premises”), and his/her and their personal representatives, heirs, executors, administrators, agents, successors and assigns (each, as “Releasor”) hereby fully and unconditionally RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE AQT, AQT’s affiliates, employees, independent contractors, agents, representatives, successors, and assigns (each as “Releasee”), for and from any and all liability claims, demands, or course of action whatsoever arising out of or related to any loss, damage, or injury that may be sustained by a Releasor, or to any property belonging to a Releasor, EVEN IF CAUSED BY THE NEGLIGENCE OF A RELEASEE, arising from or related to the Services, the results of the Services or any error in the performance of the Services.
ACKNOWLEDGMENTS: Customer hereby expressly agrees that this Limitation, Waiver and Release shall be construed in accordance with the laws of the State of California. Customer further expressly agrees that this Limitation, Waiver and Release is intended to be as broad and inclusive as permitted by the law in the State of New California and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Limitation, Waiver and Release is not intended as an attempted release of claims of gross negligence or intentional acts or other claims that by law cannot be released.
Customer acknowledges that he/she has carefully read this Limitation, Waiver and Release and fully understand that it is a limitation of liability waiver and release. Customer is aware and agrees that by accepting this Limitation, Waiver and Release, Customer is giving up his/her right to bring a legal action or assert a claim against AQT or a Releasee for negligence, or for any Services or defective Services. Customer has read and voluntarily accepts this Limitation, Waiver and Release and further agrees that no oral representations, statements, or inducements have been made by AQT or any Releasee.
By ordering the Services, Customer accepts and agrees to be bound and abide by this Limitation, Waiver and Release. If Customer does not want to agree to this Limitation, Waiver and Release, Customer should not initial below and should not order the Services.
If you have any questions about these Terms and Conditions, please contact us at:
Air Quality Testers
415-691-7168