QualityAirFilters.com TERMS AND CONDITIONS
Last Updated: July 7,2014
TERMS AND CONDITIONS
Please read the following legal information carefully before using the Site. These terms and conditions may have changed since your last visit to the Site. By accessing or using any portion of this Site, you indicate your acceptance of these terms and conditions. QualityAirFilters.com’s acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms and conditions. If you do not accept the terms and conditions of this TOU, then do not use this Site.
The terms “you,” “your,” “yours,” and “User” refer to you, the User of the Site, regardless of if you are a registered User of the Site. The terms “QualityAirFilters.com,” “we,” “us,” and “our” refer to Block Filters, LLC d/b/a QualityAirFilters.com, a Texas limited liability company located at 11 Greenway Plaza #3150, Houston, Texas 77046.
You agree that by registering on QualityAirFilters.com, or by using the Site or Services or other information which may be provided as part of the QualityAirFilters.com Services, you are entering into a legally binding agreement with Block Filters, LLC d/b/a QualityAirFilters.com and agree to the terms and conditions of this TOU either for yourself or on behalf of another entity. As such, you represent that you are at least eighteen (18) years of age or are under the age of eighteen (18) but are registering with the consent of a parent or legal guardian. If you do not so qualify, do not attempt to register for or use the Site and the Services. By becoming a User, you acknowledge that you have read and understand the terms and conditions of this TOU and that you agree to be bound by all of its provisions. If you do not agree with this TOU, do not register for access to the Site and the Services or, if already registered, cease use of the Site and the Services and do not access, view, download, or otherwise use the Site or Services.
The Service is designed to make your life easier. We will remember your air filter sizes and how often you want to replace them so you don’t have to. Air filter shipment subscriptions are available in one-month, two-month and three-month intervals, which you specify when placing your initial order. We will schedule automatic shipments of air filters in the quantity, quality and size specified in your order, based on the frequency you select. Your first shipment of air filters will be processed and shipped when you sign up. We cannot guarantee an exact delivery date or time.
You may change the shipment frequency, air filter quantity, size and quality, shipping address, payment method, and billing address associated with your subscription at any time online by accessing your “My Account” settings or by emailing us at Support@QuailityAirFilters.com. Updates will be applied to all future shipments associated with the subscription.
FEES AND RENEWAL
The total cost charged to your credit card for the Service will be the cost of the air filter in effect on the day the order is processed, plus any applicable sales tax and shipping/handling fees. The charge for each shipment will be billed to the credit card used to create your order and your account. It is your responsibility to maintain accurate and current credit card information to ensure the subscription is not interrupted.
You may cancel your subscription any time online by accessing your User profile at the “My Account” option on the Site. However, if you use a Coupon Code to receive a discount you agree to a 12-month, non-cancellable term.
CONDITIONS OF REGISTRATION AND USE
As a condition to subscribing for the Service, you are required to register with QualityAirFilters.com, select a password and screen name (“User ID”), provide a valid email address, and complete any other required account profile fields. You must provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your User account. You represent and warrant that all of the information you so upload is true and correct in all material respects. We reserve the right to refuse registration of, or cancel, any QualityAirFilters.com account at our sole discretion.
By providing us with your email address, you agree to receive all required notices electronically to that email address. From time to time, QualityAirFilters.com will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your User ID, account or password, or any other breach of security. You will be responsible for losses incurred by QualityAirFilters.com or any other User of the Service due to someone else using your User ID, password or account. QualityAirFilters.com cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
PERSONAL USE ONLY
The Service is made available to you for your personal use, in compliance with all applicable laws, rules and regulations. You may not make any commercial use of the Service, including, but not limited to, selling or distributing the Service for payment. QualityAirFilters.com reserves the right, at its sole discretion, to refuse or discontinue participation to any User at any time. No part of the Site or Service may be stored, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed or linked to in any way (including “mirroring” and “framing”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without QualityAirFilters.com’s express prior written consent.
LIMITATIONS AND USER CONDUCT
Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to, use the Services for any purpose that is unlawful or prohibited hereby, or any other purpose not reasonably intended by QualityAirFilters.com.
You may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Service or any part thereof, in order to (a) build a competitive product or Service; (b) build a product using similar ideas, features, functions, or graphics of the Service; (c) remove, change, or replace any QualityAirFilters.com trademarks, logos, copyrights, or any other branding elements; (d) hide, obscure, disable, or otherwise render inoperable any portion of the User interface including, but not limited to, the display of advertisements and promotions within the Service; or (e) copy any ideas, features, functions, or graphics of the Service. In addition, you may not use any meta tags or any other “hidden text” using QualityAirFilters.com’s name or other trademark or service mark, nor any QualityAirFilters.com logo or other proprietary graphic or service mark as part of a link, without our express written consent.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service.
Any use of the Service or the Content other than as specifically authorized herein, without the prior written permission of QualityAirFilters.com, is strictly prohibited and will result in the termination of the User’s account and right to access the Service. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this TOU shall be construed as conferring on any User any license to intellectual property rights arising out of or in connection with the Site or Service, whether by estoppel, implication or otherwise. The rights granted by this TOU are revocable at any time without notice and with or without cause.
CONTESTS AND PROMOTIONS
You acknowledge and agree that if QualityAirFilters.com disables access to your account, you may be prevented from accessing the Service and your account details. We reserve the right to suspend and/or terminate the account of any User that violates this TOU. You may terminate your account at any time by contacting us at Support@QualityAirFilters.com.
As part of on-going innovation and development of the Service, we may change, suspend or discontinue the Services at any time, including the alteration, suspension or termination of any feature or features of the Site for maintenance, upgrades or other reasons. We may, at any time and in our sole discretion, impose limits and/or conditions on your use of the Site, and/or restrict your access to all or part of the Site, without notice or liability. We may suspend, restrict or terminate any account at any time for any reason, or for no reason at all.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
The Site is the property of QualityAirFilters.com and its licensors and is protected from unauthorized copying and dissemination by copyrights and other intellectual property rights that are owned or licensed by QualityAirFilters.com under copyright law, trademark law, patent law, international conventions and other intellectual property laws. “QualityAirFilters.com” and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, service marks and/or trade dress of Block Filters, LLC d/b/a QualityAirFilters.com, which may be registered under the applicable laws of the United States and other countries or otherwise protected under common law. All other logos or product names are trademarks or registered trademarks of their respective owners. QualityAirFilters.com’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the QualityAirFilters.com domain, its sub-domains, or any other website owned or operated by QualityAirFilters.com without our prior written consent.
CONTENT, THIRD PARTY CONTENT, INTERACTIONS AND LINKS TO OTHER SITES
In many instances, the Content available through this Site represents the opinions and judgments of the respective information provider, including manufacturers and promoters of various goods and services that we may promote on the Site, or other parties not under contract with us. QualityAirFilters.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized QualityAirFilters.com employee spokespersons acting in official capacities. Under no circumstances will we be liable for any loss or damage caused by a User’s reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other Content available through the Site or Service.
The Site may contain links to other Web Sites (“Linked Sites”) and third party content, including various social media sites, including Facebook, Twitter, and YouTube. We provide these links as a convenience to you. The Linked Sites are not under the control of QualityAirFilters.com and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. QualityAirFilters.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. Accordingly, we hereby expressly disclaim any representations regarding the content or accuracy of materials on such third party websites. If you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site. If you decide to access linked third party websites, you do so at your own risk.
DISCLAIMERS AND ACKNOWLEDGMENTS
By using the Services, you acknowledge that the materials on the Site are provided on an “AS IS” basis and without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement. QualityAirFilters.com makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Site and does not warrant that the functionality contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server(s) that make it available are free of viruses or other harmful components.
By using or accessing the Site, you agree to indemnify, defend and hold harmless QualityAirFilters.com, its officers, directors, employees, successors, agents, stockholders, consultants and affiliates for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach or alleged breach (or the breach or alleged breach of any third party using your account) of this TOU, use of the Services, or access to the Site. You agree to cooperate as fully as reasonably required in QualityAirFilters.com’s defense and/or settlement of any claim. We reserve the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
EXCLUSION OF DAMAGES
Neither QualityAirFilters.com, nor its officers, directors, employees, consultants, agents, successors, or affiliates are responsible or liable for any special, incidental, consequential, punitive or other indirect damages or for the loss of employment, profits, data or loss of use damages, that result from the use of, or the inability to use, this Site or the Service or the information contained on this Site or in the Service, even if QualityAirFilters.com or one or more of the foregoing has been advised of the possibility of such damages.
LIMITATION OF LIABILITY
In no event will QualityAirFilters.com’s total liability to you from all damages, losses, and causes of action resulting from your use of this Site or the Service, whether in contract, tort, (including, but not limited to, negligence), strict liability or otherwise, exceed the greater of Fifty Dollars ($50) or the price you actually paid QualityAirFilters.com for the Service in the sixty (60) days prior to the event giving rise to the liability.
CHILDREN UNDER 13
This Site is not directed or otherwise promoted for use by children under the age of thirteen (13). By accessing and using the Site and the Service, you represent that you are at least thirteen (13) years of age. If you are under thirteen years of age, stop using the Site and Service immediately.
MODIFICATIONS TO THIS TOU
We reserve the right, in our sole discretion, to modify this TOU at any time and in any manner. Notice of any material modification of this TOU will be posted to the Site and communicated to Users via email, message notification on the Site or other similar method. Your continued use of the Site or Services constitutes your binding acceptance of such modifications. Modifications will be effective from and after the date such modifications are posted to this TOU.
JURISDICTION, VENUE AND ARBITRATION
This TOU is governed by the laws of the State of Texas, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose, and you hereby waive any longer period of time otherwise made available under applicable statutes of limitation. You consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas. Any controversy or claim arising out of or relating to the Site or this TOU will be settled by binding arbitration in accordance with the expedited commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Harris County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Costs of the arbitration shall be shared equally between the parties, provided that if you cannot afford to pay the arbitrators, you agree to give QualityAirFilters.com the option of paying the arbitrators. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Texas law. Notwithstanding the foregoing, QualityAirFilters.com may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
No agency, partnership, joint venture, or employment is created as a result of this TOU and you do not have any authority of any kind to bind QualityAirFilters.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. QualityAirFilters.com shall not be liable for any failure of the Site or Services or for performing its obligations hereunder where such failure results from any cause beyond QualityAirFilters.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect and enforceable. This TOU is not assignable, transferable or sublicenseable by you except with QualityAirFilters.com’s prior written consent. QualityAirFilters.com may transfer, assign or delegate this TOU and its rights and obligations without consent.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of QualityAirFilters.com and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. To the extent it is not possible or effective for you to transfer any interest you have in the foregoing feedback hereby, you hereby grant QualityAirFilters.com the perpetual, irrevocable, worldwide, royalty free and fully transferable and sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and otherwise exploit such feedback (in whole or in part) for any purpose.
Should you have any questions or concerns regarding this TOU, please email us at Support@QualityAirFilters.com or contact us at the following address:
Block Filters, LLC d/b/a QualityAirFilters.com