AUSTIN AIR REWARDS & LOYALTY PROGRAM TERMS AND CONDITIONS

These Austin Air Rewards & Loyalty Program Terms and Conditions (the “Terms”) govern the Austin Air Rewards & Loyalty Program, also referred to as the Austin Air Referral and Loyalty Program (the “Loyalty Program” or “Austin Air Rewards”), offered by Austin Air Systems (“Austin Air,” “we,” “us,” or “our”) to eligible participants who register for the Loyalty Program (“Members,” “you,” or “your”).

By registering for, accessing, earning Points under, redeeming rewards under, or otherwise participating in the Loyalty Program, you accept and agree to be bound by these Terms, Austin Air’s Terms of Service, Privacy Policy, Refund Policy, Shipping Policy, and any other terms incorporated by reference. If you do not agree to these Terms, you may not participate in the Loyalty Program.

Austin Air may use third-party service providers and technology platforms to administer, operate, track, calculate, and support the Loyalty Program, including Points earning, Points balances, redemption, referral tracking, account administration, and related communications.

1. Program Overview

The Loyalty Program provides eligible customers with the opportunity to earn points (“Points”) by participating in certain qualifying activities, including, without limitation, creating an account, making qualifying purchases through Austin Air’s website, subscribing to marketing communications, engaging with Austin Air on social media, posting eligible product reviews, and completing qualifying referrals. Points may be redeemed toward eligible Austin Air products as described in these Terms and as otherwise made available by Austin Air from time to time.

Points are promotional loyalty credits only. Points are not cash, do not have any cash value, do not constitute stored value, are not gift cards, are not property of any Member, and do not create any vested or contractual right to continued issuance, availability, redemption, or value.

2. Eligibility

The Loyalty Program is open only to participants who: (i) are natural persons; (ii) are legal residents of the fifty (50) United States or the District of Columbia; (iii) are at least eighteen (18) years of age; (iv) register for the Loyalty Program through Austin Air’s website or applicable online store; and (v) have not been suspended, terminated, or otherwise disqualified by Austin Air from participating in the Loyalty Program.

Corporations, associations, clubs, groups, resellers, dealers, affiliates, wholesalers, and other entities may not participate unless expressly permitted by Austin Air in writing. The Loyalty Program is intended for personal, household, and consumer use. However, participation may also be extended to eligible institutional buyers, such as schools, universities, or nonprofit organizations, as approved by Austin Air. Institutional use to qualify for the Loyalty Program must comply with specific program guidelines and pre-approval processes.

The Loyalty Program or any associated institutional rewards may not be abused, resold, or applied toward deceptive or fraudulent activities. Participation may be revoked at Austin Air’s sole discretion if misuse is suspected.

3. Registration and Account

Registration for the Loyalty Program is free of charge, and no purchase is necessary to register. To participate, you must create an account through Austin Air’s website or applicable online store and provide the information requested by Austin Air, which may include your name, email address, phone number, birthday, password, and other account information.

You are responsible for keeping your account information accurate and current and for maintaining the confidentiality of your login credentials. You are responsible for all activity conducted through your account.

Each Member may maintain only one Loyalty Program account. Points, rewards, or benefits may not be combined, pooled, assigned, transferred, inherited, sold, bartered, brokered, auctioned, or otherwise conveyed to any other person or account except as expressly permitted by Austin Air in writing.

4. Deactivation or Deletion of Account

You may withdraw from the Loyalty Program or request deactivation of your Loyalty Program account by contacting Austin Air at info@austinair.com or through any other customer service method designated by Austin Air. If you withdraw from the Loyalty Program or your account is deactivated or deleted, all unused Points, rewards, and program benefits in your account may be forfeited and will not be restored if you later register for a new account.

5. Earning Points

Members may earn Points through the qualifying activities made available by Austin Air from time to time. Austin Air may change, add, limit, suspend, or remove earning activities, earning rates, or earning conditions at any time, with or without notice, in its sole discretion.

Unless otherwise stated by Austin Air, the following activities may be eligible to earn Points:

• Points for every one dollar ($1.00) spent on eligible Austin Air purchases through Austin Air’s website or online store, excluding taxes, shipping, discounts, refunds, returns, credits, chargebacks, gift cards, and ineligible items;
• two hundred fifty (250) Points for creating an eligible account;
• one hundred (100) Points for following Austin Air on Instagram;
• one hundred (100) Points for subscribing to SMS/text message communications, subject to applicable consent requirements;
• one hundred (100) Points for subscribing to email communications;
• one hundred (100) Points for posting an eligible product review;
• five hundred (500) Points for each completed qualifying referral; and
• any other eligible activity, promotion, campaign, bonus, or offer designated by Austin Air from time to time.

Points based on purchases are calculated on the net purchase amount actually paid by the Member for eligible products, after discounts and before or after other adjustments as determined by Austin Air in its sole discretion. Points may be delayed until an order is processed, paid, shipped, delivered, or no longer subject to cancellation or return, as determined by Austin Air.

If a purchase is returned, cancelled, refunded, charged back, credited, disputed, determined to be fraudulent, or otherwise reversed, Austin Air may deduct, cancel, suspend, or adjust any Points or rewards associated with that purchase.

6. Communications and Marketing Opt-Ins

Members may earn Points for subscribing to email or SMS/text message communications only if such opportunities are made available by Austin Air. Consent to receive marketing text messages is not required to purchase goods or services or to participate in the Loyalty Program. Message and data rates may apply. You may opt out of marketing text messages by replying “STOP” or following other instructions provided in the message, and you may opt out of marketing emails by using the unsubscribe link included in the email.

Austin Air may continue to send you transactional, administrative, account, legal, or program-related communications even if you opt out of marketing communications, to the extent permitted by law.

7. Social Media Activity and Reviews

Points for social media activity or reviews may be awarded only for eligible activities verified by Austin Air or its service providers. Austin Air may require that any review be based on an actual product experience, relate to a verified purchase, comply with Austin Air’s review guidelines, and comply with all applicable laws and platform rules.

Reviews, endorsements, posts, and social media activity must be honest, accurate, and not misleading. If you receive Points, rewards, discounts, or any other benefit in exchange for posting a review, endorsement, or social media content, you must clearly and conspicuously disclose that connection where required by law or platform rules.

8. Referral Program

The Loyalty Program may permit Members to earn Points or other rewards by referring eligible friends, family members, or other individuals (“Friends”) to Austin Air. A referral is completed only when all requirements specified by Austin Air are satisfied, which may include the Friend using the required referral link, code, email, or other tracking method; creating an eligible account; being a first-time customer or Member; and making a qualifying purchase.

Unless otherwise stated by Austin Air, a Member may earn five hundred (500) Points for each completed qualifying referral. Any reward, discount, coupon, or other benefit offered to the Friend, if any, will be as stated in the referral offer presented by Austin Air at the time of referral.

A referring Member must have the Friend’s prior consent before sending, causing Austin Air to send, or otherwise triggering any referral invitation or electronic communication. A referring Member must disclose to the Friend that the referring Member may receive Points, rewards, discounts, or other benefits if the Friend completes a qualifying referral. Failure to comply may result in cancellation of Points or rewards and may violate laws or regulations enforced by the Federal Trade Commission or other authorities.

Austin Air may reject, void, cancel, reverse, or withhold referral Points or rewards if it determines, in its sole discretion, that the referral was fraudulent, abusive, self-referring, generated through multiple accounts, generated through false identities or email addresses, generated through spam or unauthorized communications, or otherwise inconsistent with these Terms, Austin Air’s policies, or applicable law.

9. Redeeming Points

Points may be redeemed only for rewards made available by Austin Air from time to time and only in accordance with these Terms and the applicable reward terms. Available rewards may include discounts toward eligible full-priced Austin Air air purifiers and replacement filters purchased through Austin Air’s website or online store.

Unless otherwise stated by Austin Air, the following redemption tiers may be available:

• two thousand five hundred (2,500) Points may be redeemed for twenty-five dollars ($25.00) off an eligible full-priced replacement filter or air purifier unit;
• five thousand (5,000) Points may be redeemed for fifty dollars ($50.00) off an eligible full-priced replacement filter or air purifier unit; and
• ten thousand (10,000) Points may be redeemed for one hundred dollars ($100.00) off an eligible full-priced replacement filter or air purifier unit.

Points may be redeemed only through the redemption method designated by Austin Air, which may include selecting an available reward at checkout or applying a discount code or reward generated by the Loyalty Program platform. Points may not be applied to the same transaction in which they are earned. Points may not be redeemed for cash, gift cards, taxes, shipping, prior purchases, price adjustments, or any products, services, or charges excluded by Austin Air.

Points and rewards may not be combined with other discounts, coupons, promotions, affiliate benefits, dealer pricing, wholesale pricing, or special offers unless expressly permitted by Austin Air in the applicable offer terms.

10. VIP Tiers

Austin Air may offer VIP tiers, including Member, Silver, and Gold tiers, or other levels that provide access to exclusive rewards or benefits. Tier names, qualification requirements, benefits, earning rates, redemption rates, and availability may be changed, limited, suspended, or discontinued by Austin Air at any time in its sole discretion. Unless expressly stated otherwise by Austin Air, tier status and tier benefits have no cash value and are not transferable.

11. Expiration; Inactivity

Unless a different expiration period is disclosed in the applicable offer, Points may expire twenty-four (24) months after they are earned. Austin Air may also terminate or deactivate accounts that remain inactive for a period determined by Austin Air in its sole discretion. An account may be considered inactive if the Member does not earn or redeem Points or otherwise engage with the Loyalty Program during the applicable inactivity period.

Austin Air may provide notices, reminders, or opportunities to preserve Points, but is not required to do so except where required by law. Any Points or rewards remaining in an account at the time of expiration, termination, deactivation, or program discontinuance may be forfeited without compensation.

12. Adjustments; Errors; Fraud

Austin Air reserves the right to review, adjust, suspend, reverse, cancel, or revoke any Points, rewards, benefits, account activity, or redemption that Austin Air determines, in its sole discretion, was issued in error, resulted from a technical malfunction, violated these Terms, resulted from fraudulent or abusive conduct, or was otherwise improper. Austin Air may correct errors at any time, including after Points or rewards have been issued or redeemed.

Any attempt to manipulate, undermine, misuse, hack, automate, scrape, spam, game, exploit, or otherwise interfere with the Loyalty Program may result in immediate account suspension or termination, forfeiture of Points and rewards, cancellation of orders or redemptions, refusal of future participation, and any legal or equitable remedies available to Austin Air.

13. Modification and Termination

Austin Air may modify, amend, suspend, or terminate the Loyalty Program or these Terms, in whole or in part, at any time, with or without notice, and for any reason or no reason, in its sole discretion. Changes may affect the ability to earn, use, redeem, retain, or receive Points, rewards, benefits, or tier status already earned or accumulated.

If Austin Air updates these Terms, the updated Terms will be effective as of the “Last Updated” date or such other date specified by Austin Air. Continued participation in the Loyalty Program after changes become effective constitutes acceptance of the updated Terms.

If Austin Air terminates the Loyalty Program, Austin Air may, in its sole discretion, provide Members with a limited period to redeem remaining Points or rewards. After that period, or if no period is provided, all unused Points and rewards may be forfeited without compensation.

14. Suspension or Termination of Membership

Austin Air may suspend, terminate, deactivate, or restrict any Member’s account, cancel Points or rewards, refuse redemption, or prohibit future participation if Austin Air determines, in its sole discretion, that the Member has: (i) violated these Terms or Austin Air’s policies; (ii) acted fraudulently, deceptively, abusively, disruptively, or unlawfully; (iii) misused the Loyalty Program; (iv) provided false or misleading information; (v) used multiple accounts or identities; (vi) engaged in unauthorized commercial activity, resale, or bulk purchasing; (vii) harassed, threatened, or abused Austin Air, its representatives, service providers, or other Members; or (viii) engaged in conduct that Austin Air determines is harmful to Austin Air, the Loyalty Program, or any other person or entity.

15. No Cash Value; No Property Rights; Taxes

Points and rewards are promotional benefits issued at Austin Air’s discretion. Points and rewards do not constitute property, currency, stored value, cash equivalents, gift cards, financial assets, or any other form of legal tender. Points and rewards are not redeemable for cash and do not create any vested rights or property interests. To the extent permitted by law, Points and rewards will not be treated as unclaimed property and will not be subject to escheat laws.

Any reference to “cash back,” credits, dollars off, or similar terminology in Loyalty Program materials refers only to promotional Points, rewards, store credits, or discounts, and not to cash, gift cards, stored value, or any cash-equivalent account.

Members are solely responsible for all federal, state, and local taxes and any reporting obligations arising from participation in the Loyalty Program or receipt, redemption, or use of Points, rewards, discounts, or other benefits. Austin Air may withhold, report, or remit taxes where required by law or as Austin Air determines in its sole discretion.

16. Electronic Communications

By participating in the Loyalty Program, you consent to receive electronic communications from Austin Air relating to the Loyalty Program, your account, Points, rewards, promotions, product updates, and other matters. Communications may be provided by email, SMS/text message, postings on Austin Air’s website, account notifications, or other electronic methods. You agree that electronic notices, disclosures, and communications satisfy any legal requirement that such communications be in writing.

17. Privacy

Austin Air’s collection, use, disclosure, retention, and protection of personal information in connection with the Loyalty Program is governed by Austin Air’s Privacy Policy, which is incorporated into these Terms by reference. By enrolling in, accessing, or participating in the Loyalty Program, you acknowledge that Austin Air and its service providers may collect, use, disclose, retain, and otherwise process personal information as described in these Terms and in Austin Air’s Privacy Policy.

Personal information collected or used in connection with the Loyalty Program may include, without limitation, name, email address, phone number, birthday or anniversary information, account credentials, purchase history, referral information, marketing preferences, review content, social media activity submitted for Points, and information relating to Loyalty Program activity, Points, rewards, redemptions, returns, fraud prevention, and customer service.

Members may have the opportunity to earn Points or other rewards for opting in to receive promotional emails or SMS/text messages from Austin Air. Consent to receive marketing emails or SMS/text messages is not required as a condition of purchasing any product or participating in the Loyalty Program, except that certain Points or rewards may be available only for the specific opt-in activity described. Message and data rates may apply. Members may opt out of marketing emails by using the unsubscribe link in an email and may opt out of SMS/text messages by replying “STOP” or following the instructions provided in the applicable message.

By submitting reviews, photos, videos, social media posts, comments, or other content in connection with the Loyalty Program, you represent that you own or have the right to submit such content and that the content is accurate, lawful, and not misleading. You grant Austin Air the rights described in its Terms of Service, review guidelines, and any applicable submission terms.

18. California Notice of Financial Incentive

This section applies to California residents and is intended to serve as Austin Air’s Notice of Financial Incentive under the California Consumer Privacy Act, as amended, and its implementing regulations, to the extent applicable.

Austin Air may offer California residents the opportunity to participate in the Loyalty Program, which may provide Points, discounts, referral rewards, promotional credits, free or discounted products, tier benefits, or other benefits in exchange for a Member’s voluntary participation in the Loyalty Program and Austin Air’s collection, retention, and use of certain personal information.

The categories of personal information associated with the Loyalty Program may include, without limitation, identifiers such as name, email address, phone number, account login information, and referral information; commercial information such as purchase history, products purchased, returns, Points earned, rewards redeemed, and account activity; internet or electronic activity information associated with use of Austin Air’s website or Loyalty Program platform; audio, electronic, visual, or similar information if a Member submits photos, videos, reviews, or similar content; and inferences or preferences relating to products, marketing, rewards, referrals, and customer engagement.

The Loyalty Program is voluntary. A California resident may opt in by creating a Loyalty Program account, submitting the requested enrollment information, and agreeing to these Terms. A Member may withdraw from the Loyalty Program at any time by contacting Austin Air at the contact information listed in these Terms or in Austin Air’s Privacy Policy. If a Member withdraws, Austin Air may close the Member’s Loyalty Program account and any unused Points, rewards, credits, discounts, or benefits may be forfeited, except to the extent prohibited by applicable law.

The value of personal information collected through the Loyalty Program varies depending on the Member’s purchases, redemptions, referrals, engagement with Austin Air, and use of the Loyalty Program. Austin Air reasonably estimates the value of the personal information collected through the Loyalty Program by considering, among other things, the value of the Points, discounts, rewards, referral credits, promotional benefits, and other Loyalty Program benefits made available to Members; the expenses associated with offering and administering the Loyalty Program; and the value Austin Air receives from customer engagement, product feedback, repeat purchases, referrals, and marketing communications.

Austin Air believes that the value of the Loyalty Program benefits offered to Members is reasonably related to the value of the personal information collected, retained, and used in connection with the Loyalty Program. Austin Air does not discriminate against California residents for exercising rights under applicable privacy laws. However, Austin Air may offer Loyalty Program benefits, discounts, rewards, or other price or service differences to Members where permitted by law and where such differences are reasonably related to the value provided to Austin Air by the Member’s data.

For additional information regarding Austin Air’s privacy practices, California privacy rights, categories of personal information collected, purposes of collection and use, disclosures of personal information, retention practices, and how to exercise privacy rights, please review Austin Air’s Privacy Policy.

19. Program Malfunctions and Force Majeure

Austin Air is not responsible for lost, interrupted, inaccessible, unavailable, delayed, misdirected, inaccurate, corrupted, or failed entries, submissions, purchases, referrals, reviews, communications, transactions, Points, rewards, or redemptions, or for any technical, network, computer, server, platform, software, hardware, telecommunications, human, printing, display, or other error or malfunction.

If the Loyalty Program is not capable of operating as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure events, supply shortages, public health emergencies, labor disputes, governmental action, acts of God, or any other cause beyond Austin Air’s reasonable control, Austin Air may modify, suspend, terminate, or otherwise administer the Loyalty Program as it deems appropriate.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AUSTIN AIR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THE LOYALTY PROGRAM, THESE TERMS, POINTS, REWARDS, OR YOUR PARTICIPATION IN THE LOYALTY PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, AUSTIN AIR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE LOYALTY PROGRAM OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO AUSTIN AIR FOR ELIGIBLE PURCHASES IN CONNECTION WITH THE LOYALTY PROGRAM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain exclusions or limitations of liability, so some limitations may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

21. Indemnification

You agree to indemnify, defend, and hold harmless Austin Air and its affiliates, officers, directors, employees, agents, service providers, contractors, suppliers, licensors, successors, and assigns from and against any and all claims, losses, demands, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (i) your participation in the Loyalty Program; (ii) your violation of these Terms or applicable law; (iii) your misuse of Points, rewards, referrals, reviews, or communications; (iv) content you submit; or (v) your violation of any rights of another person or entity. This obligation survives termination of your participation in the Loyalty Program.

22. Governing Law; Disputes; Class Action Waiver

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law rules, unless a different governing law is required by Austin Air’s Terms of Service or applicable law. Subject to any dispute resolution provisions in Austin Air’s Terms of Service, any action arising out of or relating to these Terms or the Loyalty Program shall be brought only in the state or federal courts located in Erie County, New York, and you consent to the personal jurisdiction and venue of those courts.

YOU AND AUSTIN AIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW.

If Austin Air’s Terms of Service contain arbitration, venue, governing law, or other dispute-resolution provisions, those provisions will govern to the extent they conflict with this Section or apply more specifically to the dispute.

23. Severability; Waiver; Interpretation

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be enforced to the maximum extent permitted by law or modified to the minimum extent necessary to make it valid, legal, and enforceable.

Austin Air’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Section headings are for convenience only and do not affect interpretation. These Terms, together with the documents incorporated by reference, constitute the complete terms governing the Loyalty Program.

24. Contact

For questions about the Loyalty Program, your account, Points, rewards, or these Terms, contact Austin Air at:

Austin Air
500 Elk Street
Buffalo, New York 14210
Phone: (800) 724-8403
Email: info@austinair.com

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