Website Terms of Service
1. Ownership of the Site
All pages within this Site and any material made available for download are the property of FilterEasy Inc. (“Company”). The Site is protected by United States and international copyright and trademark laws. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved by Company. You may not frame or utilize any other techniques to enclose, or link to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Company without our express written consent.
2. Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.
3. Product Information: Limitation on Quantities
In the event a product or service is listed at an incorrect price due to typographical, import or other error or an error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account or other payment method charged. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your account in the amount of the incorrect price. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
4. Access to Site; Indemnification
A user ID and password is required for access to the Site. You agree to access the Site using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Company arising out of any use or access of the Site through your user ID or any breach of these Terms of Service.
5. Terms of Sales
A. FilterEasy sells air filters and other home supplies (the “Product(s)”) from the Site to end-user customers who purchase monthly subscriptions to receive the Products (“Subscription(s)”) only for their own personal, or commercial use. You may not purchase Products or Subscription for further distribution or resale. The Subscription and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Subscriptions can be found on FilterEasy’s then-current pricing page located on the Site at: http://www.filtereasy.com/subscription/new. FilterEasy reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Your FilterEasy membership may start with a free trial. The free trial period applies to your first shipment, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new members only. FilterEasy reserves the right, in its absolute discretion, to determine your free trial eligibility and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, order and/or membership cancellation.
C. Payment Methods; Automatic Subscription Renewals and Subscription Cancellation Policy
FilterEasy accepts credit card payments only. You agree to pay all fees charged to your account based on FilterEasy’s fees, charges, and billing terms shown in your account. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Subscriptions based on the address that you provide as the shipping address when you register for a Subscription, and you authorize FilterEasy or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, FilterEasy reserves the right to either suspend or terminate your account and Subscription and terminate these Terms of Service. All sales and payments will be in US Dollars.
By purchasing a subscription, you acknowledge that FilterEasy will automatically renew your Subscription on the interval shown in your account settings, as authorized by You during the Subscription sign-up process, and will charge your credit card with the applicable Subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Subscription fee payments. FilterEasy may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before FilterEasy reasonably could act. Each Subscription renewal period is for the monthly interval shown in your account settings. To cancel a Subscription, please email us or call 800-308-1186 and provide your account information. All cancellation requests must be received by the first day of the month for the next scheduled shipment. Cancellation requests received after the first of the month shall take effect the following month. If you have any problems, email us. FilterEasy requires a reasonable amount of time to process your Subscription cancellation request. If you cancel your Subscription, you will enjoy your Subscription benefits until the end of the then-current Subscription term, and your Subscription benefits will expire at the end of the then-current Subscription term for which you have paid. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term.
6. Submissions / Uploads to the Site
If you submit or upload any information or files to our Site (“Submissions”), you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity, (3) post or transmit a virus or any other harmful component, or (4) contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Company shall have the irrevocable license and right to use Submissions for its business purposes. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Company arising out of any Submissions you post or allow to be posted to the Site.
7. Representations and Warranties
You represent and warrant to Company that: (a) you are over the age of eighteen and have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Company is truthful, accurate and complete; and (c) you shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth at Section 5.
8. Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
9. Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND ACKNOWLEDGE THAT COMPANY IS NOT THE MANUFACTURER OF PRODUCTS SOLD THROUGH THE SITE AND THAT COMPANY HAS NO CONTROL OVER YOUR USE OR INSTALLATION OF THE PRODUCTS. ACCORDINGLY, THIS SITE AND PRODUCTS SOLD THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. THE ONLY PRODUCT WARRANTIES ARE THE WARRANTIES, IF ANY, PROVIDED BY THE MANUFACTURER OF THE PRODUCTS.
10. Limitation of Liability Regarding Use of Site
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
11. Links to Other Sites
Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company site, please understand that it is independent from Company, and that Company has no control over the Content on that website. In addition, a hyperlink to a non-Company website does not mean that Company endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
12. Revisions; General
Company reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site. In the event of any dispute or claim relating to the Site or these Terms of Service, you agree to resolution of such dispute exclusively in the state or federal courts located in Raleigh, North Carolina, in accordance with North Carolina law. Company reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site. In the event of any dispute or claim relating to the Site or these Terms of Service, you agree to resolution of such dispute exclusively in the state or federal courts located in Raleigh, North Carolina, in accordance with North Carolina law.