Aires Medical Terms of Use

Last Updated: August 13, 2021

Welcome to Aires Medical, Inc. (“Aires”). The following Terms of Use apply to all users who use or visit our site at airesmedical.com (“Site”).   By registering with, creating an account, accessing and/or otherwise using our Site, or otherwise submitting your contact information to receive more information from us through the Site, you agree to be bound by these Terms of Use.  These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Site. Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations. By visiting our Site, you agree to the following conditions:


  1. Privacy.

User acknowledges and agrees that by providing Aires with any personal information through the Site, User consents to the transmission of such personal user information as necessary for processing in accordance with our standard business practices and the Aires Privacy Policy, which also governs your use of the Site.  


  1. Electronic Communications.

When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


  1. No Warranties

Information and documents provided on this Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Aires uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. Aires periodically adds, changes, improves, or updates the information and documents on this Site without notice. We assume no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk. 

Additionally, Aires is a healthcare company leveraging innovative software and hardware design.  While certain products may be approved by the Food and Drug Administration (“FDA”), others may still be awaiting approval.  By using this site, you understand that all medical devices currently under development are subject to approval or denial by the FDA and Aires makes no claims regarding the safety and effectiveness of its products prior to FDA approval.  


  1. Providing Information to Aires

From time to time, we may ask you to provide information about you, your practice, or your company either on our website or through other electronic communications.  By providing this information, you agree to the collection, retention and processing of your personal information by Aires as described by our Privacy Policy. You expressly consent to the practices disclosed in the Privacy Policy. When you provide information about yourself to us, you agree to provide accurate, current, and complete information about yourself and acknowledge that you have not submitted any false information.  


  1. Ownership. 

This Site, including the data and content available on the Site, are the sole property of Aires and may be protected under copyright, trademark, patent, and other laws or provisions.  You have no ownership rights in the Site or in any related intellectual property rights.  Except for the rights expressly set forth in these Terms, Aires retains all right, title, and interest in and to the Site (including any changes, modifications, or corrections thereto). These works are protected by copyright laws and all such rights are reserved. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.


  1. Restrictions

You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Site without the prior written consent of Aires. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods in connection with the Site. You may not assign these Terms or any of the rights or licenses granted under these Terms or sublicense, resell, rent, lease, or lend the Site to any person or entity. Any attempted sublicense, transfer, or assignment in violation of these Terms is void. You acknowledge that the website contains proprietary trade secrets of Aires. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever (including, but not limited to, bypassing or breaching any security device or protection used for or contained in the website), except to the extent the foregoing restriction is prohibited by applicable law. You may not use the Site for the purposes of benchmarking or competitive analysis or for developing, using or providing a competing product or service.

 

  1. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL AIRES BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF AIRES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  


  1. Third Parties

Although we monitor the information on the Site, some of the information is supplied by independent third parties. While we make every effort to insure the accuracy of all information on the Site, we make no warranty as to the accuracy of any such information. Further, this Site may contain links that will let you access other websites that are not under the control of Aires. The links are only provided as a convenience and we do not endorse any of these sites. We assume no responsibility or liability for any material that may accessed on other websites reached through this Site, nor do we make any representation regarding the quality of any product or service contained at any such site. We prohibit unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. 


  1. Disputes.

Any dispute or claim arising out of or in connection with your use our Site will be governed by Tennessee law, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Tennessee.


  1. Site Policies, Modification, and Severability.

Please review our other policies, such as our Privacy Policy posted on this Site. These policies also govern your use of the Site. We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


  1. Notice

If you need to mail anything or provide legal notice to Aires, please do so at the following address:

Aires Medical: 197 Byers Creek Rd, Suite H, Mooresville, NC 28117

Aires Privacy Policy

At Aires, your privacy is important to us.  We use the information you provide us help in our development of innovative software and hardware design, to reply to your questions, to incorporate your feedback into improvements to our Site, and to provide you with our products and services.  We obtain your consent to use your information in this way when you communicate with us electronically.  Except as described in this policy, we will not give, sell, or rent your business or personal information or specific account activity to any third party for any reason without your consent. This privacy policy describes the types of personal information we may collect about you, the purposes for which we use the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy. The following privacy policy is intended to apply only to personally identifiable information you provide to us from time to time via this website. Except as described in this policy, we will not give, sell, or rent your personal information to any third party for any reason without your consent.   Information We Collect When You Visit Our Site When you visit our Site, we collect your IP address, browser type and domain name, and we log the length of time of your visit and your history. We assign you or your business a unique visitor number to help keep track of your future visits.  We do use tracking software to observe user traffic patterns throughout our Site; but we do not correlate this information with data about individual users. Tracking information is used only to determine which areas of our site users like and don’t like, and how well each page performs on behalf of our guests. This helps us continue to build a better service for you. We also monitor search terms and titles entered at our Site as a means of knowing what interests our visitors; however, we do not track which terms a particular user enters.   Use of Cookies on Our Site Cookies are a mechanism to remember information about a visitor from one page to another. Web browsers store cookies so that the browser itself can remember certain information and then, on request, pass all that information up to the server at one time. We use cookies to remember your name and the products you demonstrate interest in. Our site requires the use of cookies. Turning off cookies or rejecting the Aires cookie will prevent you from accessing the Site. We place a cookie on a browser, and then a third party (Google) reads these cookies and may serve an ad on a third-party site. You may opt out of this ad serving on Google’s opt out page. If you are concerned about third-party cookies served by networks, you should also visit the Network Advertising Initiative opt-out page. We have implemented Google Analytics to collect data and generate user reports for marketing purposes. We place a cookie on a browser, and then a third party (Google) reads these cookies and may serve an ad on a third-party site. You may opt out of this ad serving on Google’s opt out page. We also use cookies to improve the performance of our advertising on other websites. To opt-out of our data collection for targeted advertising on other sites, Click here to opt-out of Google Analytics. If you are concerned about third-party cookies served by networks, you should also visit the Network Advertising Initiative opt-out page.   Disclosure of Information to Other Third Parties We seek to ensure that contractors, service providers, and other third parties who work with us to support our business or otherwise make the website available and protect the personal information that they store, access or obtain in connection with our services, including, when possible, through contractual obligations to safeguard the confidentiality of such information and use it only for the purposes for which it is disclosed to, or accessed by, them. It may be necessary, by law, legal process, litigation, and/or requests from governmental authorities for us to disclose certain of the information you have provided us to applicable third parties. We may also disclose this information if we determine that for purposes of law enforcement or other issues of public importance, disclosure is necessary or appropriate. We may also disclose this information if we determine that disclosure is reasonably necessary to enforce our terms of service or protect our operations. We reserve the right to disclose and transfer all information related to Aires, including personal information we collect to a subsequent owner, co-owner or operator of our website or one of our databases or in the event of a reorganization, merger, or sale of Aires.  We will not otherwise sell your information to third parties.  To prevent unauthorized access, maintain data accuracy, and support the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard the information we collect online and that you otherwise provide to us. While we endeavor to protect the privacy of your account and other personal information we hold in our records, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Our Site may contain third-party links (collectively, “Other Links and Sites”). Through these Other Links and Sites, you may be providing information (including Personal Information and other information) directly to the third party (which may include certain service providers), us, or both. Because these Other Links and Sites may not be hosted or controlled by us, however, we are not responsible for the privacy practices of those Other Links and Sites or the content provided thereon.  This Privacy Policy does not apply to the information practices of those Other Links and Sites, provided that this Privacy Policy does apply to the extent we receive or use Personal Information provided though Other Links and Sites. We encourage you to review the privacy policies of each of those Other Links and Sites carefully. We are not responsible for third-party websites.    Unsubscribe/Opt-Out As noted above, if you decide to unsubscribe from/opt out of communications from us, our emails provide you the opportunity to do so.    Access, Modify, or Delete Information/Deactivate You can access all your business and personally identifiable information that we collect and maintain by contacting us through our toll-free number at (615) 497-9836. We use this procedure to better safeguard your information. You may request additional information, including specific pieces of information collected and you can correct factual errors in your identifiable information by sending us a request to: Aires Medical, 197 Byers Creek Rd, Suite H, Mooresville, NC 28117. You may also use this contact information to request the deletion of business or personal information, and to inquire about sharing your information with third parties.   We keep your information for our internal use for as long as such information is relevant to us. If you wish to request that we remove your information on record with us or that you not receive future communications from us, you may do so by using the Contact Us section with your request or by calling our toll free number at (615) 497-9836.  To protect your privacy and security, we take reasonable steps to verify your identity before taking these actions with respect to you information in our records.   General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) Compliance Aires is compliant with both the GDPR and the CCPA.  This website is hosted in the United States.  If you are visiting this service from outside the US, your information may be transferred to, stored and processed in the US in accordance with this policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country.  If you reside in the EU or in California, in addition to the measures described elsewhere in this policy, please specifically note the following:
  • We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
  •  If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You may do so any time by contacting us at info@airesmedical.com
  • You may request access to your personal data (commonly known as a data subject access request). This enables you to receive a copy of the personal data we hold about you and to check that we are properly processing it.
  • You may request that we transfer your personal data to you or to a third party. We will provide to you, or the third party you have chosen, the data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to provide services to you.
If you are situated in the EU and have a question or concern regarding our privacy practices or procedures, please contact our Data Protection Officer at haroun@airesmedical.com.  You also have the right to address any concerns you have about our privacy practices at any time with your local Supervisory Authority.   Changes to Privacy Policy Aires reserves the right to modify or amend this privacy policy at any time. It is our practice to post any changes we make to our privacy policy on this page, and the date this policy was last revised is identified at the bottom of this page. We encourage you to periodically review this page for the latest information on our privacy practices.    Contacting the Site If you have any questions about this policy, our practices, or your dealings with this site, you can contact Aires Medical via mail at 197 Byers Creek Rd, Suite H, Mooresville, NC 28117 or via phone at (615) 497-9836.   Your California Privacy Rights Under California Civil Code Section 1798.83, California residents who provide us with personal information may be entitled to request and obtain from us one time per calendar year information about the visitor information we shared, if any, with other businesses for their own direct marketing uses. To obtain this information from us, please send your request the mailing address found under the “How to Contact Us” link on our site and write “Your California Privacy Rights” in the subject field. Please include your return address and email address if you wish. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.  Aires will not charge consumers different prices or refuse service to consumers who have chosen to exercise their privacy rights.     Children Under 13 We do not knowingly collect information regarding anyone under the age of 13.  If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify us immediately by sending an email to info@airesmedical.com   Disability If you have a disability and need access to our privacy policy in a different format, please contact us at info@airesmedical.com.   Acceptance of Policy Your use of our site constitutes your acceptance of our Terms of Use and Privacy Policy.   Revised: August 13, 2021