Menu
Bag
Close
Join the Waitlist:
Text
Email
Your Phone
US
+1
By submitting this form and signing up for texts, you consent to receive marketing text messages (e.g. back in stock notifications, promos, cart reminders) from Tank Air at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available). Privacy Policy & Terms.

Terms & Conditions

Effective Date: December 3, 2025 Last Updated: December 3, 2025

This website, tankair.com (the “Site”), is operated by SSATI LLC d/b/a Tank Air (“Tank Air,” “we,” “us,” or “our”). Tank Air offers the Site, including all information, tools, and services available from the Site, to you, the user (“you” or “your”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (collectively, these “Terms”).

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (including our Privacy Policy and Returns Policy).

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

These Terms may change from time to time. We will notify you of any material changes by (a) posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, (b) emailing you notice of such changes to the email address on file (if any), and (c) changing the “Last updated” date at the top of this page. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes.

In addition, when using particular services or features, you will be subject to any posted guidelines or policies applicable to such features or purchases that may be posted from time to time. The Privacy Policy, Returns Policy, and all such guidelines or policies are hereby incorporated by reference into these Terms.

A SPECIAL NOTE ABOUT CHILDREN. This Site is not designed or intended for use by children under 13, although the Site may offer children’s products for purchase by adults. If you are under 18, you should use the Site only with the involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us; if we discover that we have inadvertently collected any such information from a child under 13, we will take appropriate steps to delete it promptly.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.

SECTION 2 – INTELLECTUAL PROPERTY

Unless otherwise noted, all materials, including products, images, illustrations, designs, icons, photographs, sounds, video clips, written content, and other materials that appear as part of this Site (collectively, the “Content”) are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Tank Air. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Tank Air.

Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works from, or otherwise use any Content in any form or by any means without the prior written authorization of Tank Air or the respective copyright/trademark owner.

Tank Air authorizes you only to view (and, where the Site expressly permits, temporarily download or print) the Content for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of such materials. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any Content.

Modification or use of the Content except as expressly provided in these Terms violates Tank Air’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

This Site is solely for personal, non-commercial purposes related to placing an order or shopping on the Site. Any other use of any Content, including linking to or framing this Site, is strictly prohibited unless you first obtain our prior written consent and approval.

Tank Air takes no responsibility and assumes no liability for anything sent to us through the Site, or for any loss or damage resulting therefrom. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or Content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy, which is incorporated into these Terms by this reference.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5A – ORDERS, SHIPPING, RISK OF LOSS AND TAXES

(a) Order Acceptance. All orders placed through the Site are offers to purchase and are subject to our acceptance. We may accept, refuse, or place limits on any order in our sole discretion, including in cases of suspected fraud, product availability issues, or errors in pricing or product information. We may require additional verification or information before accepting any order. If we change or cancel an order, we may attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.

(b) Shipping & Delivery. We will arrange for shipment of the products to you using the shipping method selected at checkout. Any shipping or delivery dates provided are estimates only and are not guaranteed. To the fullest extent permitted by applicable law, we are not liable for any delays in shipments that are outside our reasonable control, including delays caused by carriers, customs, or weather-related events.

(c) Risk of Loss; Title. Except where prohibited by applicable law (for example, in some countries risk of loss may pass only upon delivery to you), title and risk of loss for products pass to you upon our transfer of the products to the carrier. If a shipment is lost or damaged in transit, your remedy is to file a claim with the carrier. Notwithstanding the foregoing, we may, in our sole discretion, choose to replace lost or damaged items as a customer-service gesture.

(d) International Orders; Duties and Taxes. For orders shipped outside of the United States, you are responsible for any customs duties, VAT, taxes, fees, or other charges imposed by the destination country. To the fullest extent permitted by applicable law, we are not responsible for any delays, seizures, or additional charges resulting from customs processes.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy: https://tankair.com/returns-policy (https://tankair.com/returns-policy?utm_source=chatgpt.com)

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Copyright Complaints. If you believe that any Content on the Site infringes any copyright that you own or control, you may notify us by emailing info@tankair.com with: (a) identification of the copyrighted work claimed to have been infringed, (b) identification of the material that you claim is infringing and where it is located on the Site, (c) your contact information, and (d) a statement that you have a good-faith belief that the disputed use is not authorized and that the information you submit is accurate. We may remove or disable access to allegedly infringing material and may terminate accounts of repeat infringers in appropriate circumstances.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy, available at https://tankair.com/privacy-policy

(https://tankair.com/privacy-policy?utm_source=chatgpt.com), which is incorporated into these Terms by this reference.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its Content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY

THE SITE AND ALL CONTENT ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TANK AIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FURTHER, TANK AIR MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE PRODUCTS OR SERVICES THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE OR PRODUCTS WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY SITE.

TANK AIR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD-PARTY SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.

IN NO EVENT WILL TANK AIR, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TANK AIR” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SITE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, A PURCHASE OF GOODS, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TANK AIR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, OR THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU HAVE PAID TO TANK AIR FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR THE LIMITATION OF LIABILITY SET FORTH ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You will defend, indemnify, and hold Tank Air, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders, harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site, including: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party as a result of your interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Site or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; (4) your use and sale of any products purchased through the Site; and (5) any other activities in connection with the Site.

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

SECTION 14 – DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH TANK AIR THROUGH BINDING ARBITRATION (WITH LIMITED EXCEPTIONS) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

In the event of any dispute, controversy, or claim between the parties arising out of or relating to these Terms, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and, if appropriate, proceed with mediation. If the dispute is not resolved through informal means within a reasonable time, it shall be resolved exclusively by binding arbitration as described in this Section 14.

Arbitration Agreement. You and Tank Air agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any products or services purchased through the Site (collectively, “Disputes”) will be resolved solely by binding arbitration, except that: (1) either party may bring an individual action in small claims court if the claim is within that court’s jurisdiction; and (2) either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims relating to a party’s intellectual property or confidentiality rights as described below.

This arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving interstate commerce.

The arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration demand is made. In the event of any conflict between the JAMS rules and these Terms, these Terms shall apply.

The parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The language of the arbitration shall be English. The arbitrator may grant injunctions or other relief in such dispute or controversy. The arbitrator’s decision shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction.

The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and Tank Air may take one deposition of the opposing party, limited to four (4) hours. If the parties cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.

Notwithstanding the foregoing, the arbitrator shall not have jurisdiction over any dispute relating to ownership, infringement, or misappropriation of a party’s intellectual property or confidentiality rights unless the parties specifically so agree in writing in such matter, and either party may (after attempting informal resolution as provided above) submit any such dispute to any court in accordance with the Governing Law section below and may apply to any such court for injunctive relief in connection therewith.

The arbitration will be held in (a) the United States county where you live or work, (b) Los Angeles County, California, or (c) any other location you and Tank Air mutually agree upon in writing.

CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY, “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION.

CUSTOMER AGREES THAT, BY ENTERING INTO THESE TERMS, CUSTOMER AND TANK AIR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.

If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 14 shall be null and void.

In any lawsuit in which (1) the complaint is filed as a class action or collective action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from these Terms and, in such instances, the class action or collective action must be litigated in a civil court of competent jurisdiction and not as a class or collective arbitration.

In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds any private-attorney-general-action waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), such waiver shall be severable from these Terms and, in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.

Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against Tank Air, you will be responsible for paying a $250 consumer filing fee. Tank Air will pay for reasonable arbitration fees where: (a) the claim for damages does not exceed $10,000; and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). Tank Air will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

To the fullest extent permitted by applicable law, Tank Air reserves the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site, including where we reasonably consider that: (a) your use of the Site violates these Terms, our Privacy Policy, or applicable law; (b) you fraudulently use or misuse the Site; or (c) we are unable to continue providing the Site to you due to technical or legitimate business reasons.

To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of Tank Air in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue use of any and all parts of the Site.

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms, the Privacy Policy, and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles and except where preempted by U.S. federal law (including the Federal Arbitration Act with respect to disputes subject to arbitration).

To the extent any claim is permitted to be brought in court rather than arbitration pursuant to Section 14, the parties agree that the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction for any and all such issues arising out of these Terms or any related documents or transactions.

Notwithstanding the foregoing, either party may at any time seek and obtain appropriate legal or equitable relief in any court of competent jurisdiction for claims regarding such party’s intellectual property rights.

SECTION 19 – FORCE MAJEURE

In case of force majeure, we are not obligated to fulfill our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitively repudiate these Terms. Events of force majeure are all circumstances external to our will and control that render the performance of our obligations completely or partly impossible.

Such events include, but are not limited to, any act of God, epidemic, pandemic, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, disruption of energy supplies, shipping delays or issues, or telecommunication networks or communication systems and/or the temporary down-time of the Site, or any other natural or man-made eventuality outside of our control which causes the termination or suspension of an agreement or contract entered into and which could not reasonably have been foreseen.

In the case of a force majeure event, you are responsible for filing claims with the proper third-party entities (for example, a shipping carrier or your payment provider).

SECTION 20 – WAIVER

Failure of Tank Air to insist upon strict performance of any provision of these Terms or the Privacy Policy or the failure of Tank Air to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms. No waiver of any of the provisions of these Terms or the Privacy Policy shall be effective unless it is expressly stated to be such and signed by both parties.

SECTION 21 – GEOGRAPHICAL USE

Although this Site may be accessible worldwide, our products may not be available for purchase in certain locations outside the United States of America. We make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

If you are a consumer residing in the European Economic Area, the United Kingdom, or another jurisdiction that grants you mandatory consumer rights, nothing in these Terms is intended to limit those rights, and where these Terms conflict with such mandatory rights, those rights will prevail.

SECTION 22 – ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tank Air without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

SECTION 23 – MOBILE TERMS OF SERVICE

The Tank Air mobile message service (the “Service”) is operated by Tank Air (“Tank Air”, “we”, or “us”). Your use of the Service constitutes your agreement to these Mobile Terms. We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Tank Air’s SMS/text messaging Service, you agree to receive recurring SMS/text messages from and on behalf of Tank Air through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts). Promotional messages may include specials, new releases, promotions, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Tank Air. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to the number from which you received Tank Air text messages or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

If you have subscribed to other Tank Air mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to the number from which you received Tank Air text messages or email info@tankair.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

SECTION 24 – ACCESSIBILITY

Tank Air is committed to providing a fully accessible experience for all visitors. We have taken steps to help ensure a seamless user experience, regardless of the assistive technology used or the specific abilities of those seeking access to our Site.

We regularly review the Site and may work with internal teams and third-party accessibility experts and tools to identify and address accessibility issues.

We welcome your feedback and ask that you let us know if you encounter any barriers to accessibility. If you have difficulty viewing or navigating content or notice any feature or functionality you believe is not fully accessible, please email our team at info@tankair.com with “Disabled Access” in the subject line and a description of the issue.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms should be sent to us at: info@tankair.com