Effective Date: August 11, 2021
These Terms govern your access to and use of the Filters Fast website located at https://www.filtersfast.com and all other websites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked (collectively, the "Services"). You and other individuals or entities using the Services are collectively referred to as "Users." Any person or entity who interacts with the Services, whether through automated means, third-party means, or otherwise, is considered a User.
Unless you have entered into a separate written agreement with Filters Fast regarding the Services, these Terms are the complete and exclusive agreement between you and Filters Fast regarding your access to and use of the Services and supersede any oral or written proposal, quote, or other communication between you and Filters Fast regarding your access to and use of the Services.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR OTHERWISE USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS, FILTERS FAST IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SERVICES, AND YOU MUST NOT ACCESS OR USE THE SERVICES.
SECTION 24 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 24 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
- DEFINITIONS. Words and phrases used in these Terms have the definitions given in these Terms or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.
- TERM. These Terms are entered into as of the date you first access or use the Services (the "Effective Date") and will continue until terminated as set forth herein.
- MODIFICATIONS. We reserve the right, at any time, to modify any of the Services, as well as these Terms, whether by making those modifications available through the Services or by providing notice to you as specified in these Terms. Any modifications will be effective 24 hours following posting through the Services or delivery of such other notice. You may cease using the Services or terminate these Terms at any time if you do not agree to any modification. However, you will be deemed to have agreed to any and all modifications through your continued use of the Services following such notice. Any modifications to the Services, including all updates, upgrades, new versions, and new releases, will be treated as part of the "Services" for purposes of these Terms.
- ELIGIBILITY. You represent and warrant that you are an individual that is at least 18 years of age or older. You will not use the Services if you are less than 18 years of age.
- ACCESS. Subject to your agreement and compliance with these Terms, we will permit you to access and use the Services solely for lawful purposes and only in accordance with these Terms and any other written agreement you agree to before being given access to any specific Service. Any such additional agreement is in addition to these Terms; in the event of a conflict between these Terms and such additional agreement, such additional agreement controls.
- UNLAWFUL OR PROHIBITED USES OF THE SERVICES. The Services may only be used for lawful purposes in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, you will not:
- Make any commercial use of the Services other than in furtherance of any Transactions that you make through the Services;
- Download, copy or transmit any content from the Services for the benefit of any third party;
- Misrepresent your identity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement that you make;
- Conduct fraudulent activities through the Services;
- Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity; and
- Harvest or collect personally identifiable data about Users.
- ACCOUNTS. Before using certain Services, you may be required to establish an account (an "Account"). Approval of your request to establish an Account will be at our sole discretion. Each Account and the User identification and password for each Account (the "Account ID") is personal in nature. You may not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Services through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen or otherwise compromised. Any activities completed through your Account or under your Account ID will be deemed to have been done by you. You may not: (1) select or use an Account ID of another User with the intent to impersonate that User; and (2) use an Account ID that we, in our sole discretion, deem offensive. In addition to all other rights available to us, including those set forth in these Terms, we reserve the right to terminate your Account, refuse service to you, or cancel orders.
- OUR CONTENT.
- Ownership and Responsibility. All content included with the Services that we provide such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other materials (collectively "Our Content") is the owned or licensed property of Filters Fast or its suppliers or licensors and is protected by United States and international copyright, trademark, patent, or other proprietary rights (collectively, "IPR"). The collection, arrangement, and assembly of all Our Content through the Services are the exclusive property of Filters Fast and protected by United States and international copyright laws. Filters Fast and its suppliers and licensors expressly reserve all IPR in all Our Content. You are solely responsible for verifying the accuracy, completeness, and applicability of all Our Content and for your use of any of Our Content. Except as set forth in these Terms, you are granted no licenses or rights in or to any of Our Content, or any IPR therein or related thereto.
- Viewing Our Content. Subject to your compliance with these Terms, you may view Our Content, solely as presented on the Services, in furtherance of any Transactions that you make through the Services and any other permitted uses of the Services. You will not directly or indirectly use any of Our Content for any other purpose. You will not, and will not permit any third party to: (a) alter, modify, copy, reproduce, publish, or create derivative works of any of Our Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Our Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any of Our Content.
- YOUR CONTENT.
- Substance and Responsibility. We welcome your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Services, or any content or information you publish through any social media and allow us to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g., Twitter™, Instagram™, Pinterest™) (collectively, "Your Content"), as long as Your Content complies with these Terms. You are solely responsible for all Your Content that you provide through the Services. You represent and warrant to us that neither Your Content nor the use of Your Content by us as permitted herein will: (a) violate these Terms or any applicable laws, rules, or regulations; (b) be libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) constitute an infringement or misappropriation of the IPR or other rights of any third party; (d) be illegal in any way or advocate illegal activity; (e) be an advertisement or solicitation of any kind; (f) be false, misleading, or inaccurate; or (g) be considered junk mail, spam, a part of a pyramid scheme, or a disruptive commercial message or disruptive advertisement. We are not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Your Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any of Your Content. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor Your Content; (ii) alter, remove, or refuse to post or allow to be posted any of Your Content; and/or (iii) disclose any of Your Content, and the circumstances surrounding its transmission, to any third party.
- License to Your Content. As between you and us, you retain ownership of Your Content. However, in addition to any other rights granted to us under these Terms, by providing Your Content through the Services, you grant us and our authorized representatives and contractors a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute Your Content and to incorporate Your Content into any form, medium, or technology, now known or hereafter developed, throughout the world, in each case in order to provide the Services and fulfill any other of our obligations under these Terms. In addition, you grant to us the right to include your name that you provide along with Your Content. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law or under any legal theory. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, including but not limited to permission from or on behalf of any individuals that appear in Your Content to for us to use their name, image, voice and/or likeness without compensation to you or any other person or entity.
- With Us. The Services provide you with the opportunity to buy products sold and shipped by us ("Products"). You will pay us any fees applicable to Products that you purchase.
- Transaction Information. If you wish to purchase any Products available through the Services (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information (collectively, "Transaction Information"). You represent and warrant that you have the legal right to use any Transaction Information utilized in connection with any Transaction. By submitting Transaction information to us, you grant to us the right to provide such information to third parties for the purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of Transaction Information may be required prior to the acknowledgment or completion of any Transaction.
- Products. All descriptions, images, references, features, content, specifications, Products and prices of Products are subject to change at any time without notice. The inclusion of any Products on the Services does not imply or warrant that these Products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any Item. By entering into a Transaction, you represent and warrant that the Item that you buy will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any Product; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar you from making or completing any or all Transaction(s); and (d) refuse to provide you with any Product.
- Payment. You agree to pay us all Transaction charges that may be incurred by you or on your behalf through the Services, at the price(s) then in effect for the Products ordered, including without limitation all shipping and handling. In addition, you will remain responsible for any taxes that may be applicable to your Transactions. You will pay us all such Transaction charges by credit card upon the finalization of the applicable Transaction.
- Additional Payment Options. Additionally, upon your email request to us prior to finalizing a Transaction, we may agree to accept personal checks, cashier's checks, money orders, and company checks, in U.S. Dollars only, as payment for Products. Allow up to 10 banking days after receipt of such payment for clearance of funds before the Transaction is finalized. We cannot guarantee the availability of a Product by the time funds clear or payment is received if you elect to pay by one of the methods listed in this Section 10.5.
- Availability, Errors and Inaccuracies. We make a conscientious effort to describe and display Products accurately on the Services. Despite these efforts, a small number of Products may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating Product information. As a result, we cannot and do not guarantee the accuracy or completeness of any such information, including prices, Product images, specifications, and availability. We reserve the right to change or update Product information and to correct errors, inaccuracies, or omissions at any time without prior notice. If we determine that there were inaccuracies in Product information, we will cancel your Transaction and notify you of such cancellation via email.
- Shipping, Returns, and Refunds Policies. Our Shipping Policy is available here: Shipping Policy, and our Returns and Refunds Policy is available here: Returns and Refunds Policy, and they govern each party's rights and obligations with respect to the shipping and return of, and refunds for, Products in each Transaction. The risk of loss for, and title to, Products shipped to you passes to you upon our delivery to the carrier and, in the case of Product returns, passes back to us upon our receipt of the Products.
- Gift Cards and Certificates. All e-gift cards and certificates are deemed purchased in and issued from the State of North Carolina. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient.
- COMMUNICATIONS. If you give us permission to contact you, we or our agents may call, text, or email you at the telephone number and/or email address that you provide us. You further agree that we may, for training purposes or to evaluate the quality of our customer service, listen to and record phone conversations you have with us or our agents regarding customer service issues.
- SMS SERVICES.
- Applicability. By enrolling in, or otherwise requesting or agreeing to receive, text messages from or on behalf of Filters Fast (the "SMS Services"), you agree to the terms and conditions in this Section 12.
- Opting In. During your access to, or use of, the Services, we may invite you participate in the SMS Services. You will only receive text messages from us, and otherwise be able to participate in the SMS Services, if we receive your consent thereto. Your consent to participate in the SMS Services is not required as a condition to entering into any Transaction or using any other Services, unless we expressly notify you to the contrary.
- Delivery. We will provide the SMS Services to you at the mobile number you provided to us through your consent to participate in the SMS Services or at the mobile number that is otherwise associated with your Account. Text messages sent to you as part of the SMS Services will be sent using an automatic telephone dialing system that connects through your mobile phone carrier or using any other replacement or successor technology that we choose in our sole discretion. Please note that we may not be able to deliver text messages to certain subscribers of certain mobile carriers. The frequency of text messages sent to you through the SMS Services is variable.
- Content. The content of text messages that you receive through the SMS Services will be transactional, operational, and information, including general alerts, order confirmations, shipping and delivery notifications, promotions, and other marketing offers (e.g., cart reminders).
- Opting Out. You may stop participating in the SMS Services at any time. To stop participating in the SMS Services, you must reply "STOP" to the 5-digit number you received our original message from. After texting "STOP," you may receive additional text messages confirming that your request has been received and processed, and you may continue to receive text messages for a short period while we process your request.
- Assistance. If you need further assistance with the SMS Services, text "HELP" to the 5-digit number you received our original message from or contact our customer service at +1 866-438-3458 or [email protected].
- Eligibility. Notwithstanding any other provision of this Agreement to the contrary, by participating in the SMS Services, you represent and warrant that you are 18 years of age or older, and you agree not to participate in the SMS Services if you are under such age. You further represent and warrant that you are the current subscriber or authorized user of the mobile number that you have provided to us for the purposes of the SMS Services.
- Modifications. We may change any short code or telephone number we use to operate the SMS Services at any time and will notify you of these changes either in accordance with Section 25 below or at the mobile number that we have been using to send you text messages. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of text messages, including, without limitation, notifying us immediately at +1 866-438-3458 or [email protected] if you change your mobile number.
- Responsibility. You agree that you will not initiate text messages from us to the mobile number of any third party without their permission. You agree to indemnify, defend, and hold us harmless from any Claims arising from you providing us with a mobile number that is not the one to which you subscribe or which you are authorized to use. You agree that we will not be liable for failed, delayed, or misdirected delivery of any content sent through the SMS Services, any errors in such content, or any action you may or may not take in reliance on the content sent through the SMS Services. You further agree that mobile carriers are not liable for delayed or undelivered messages.
- THIRD-PARTY CONTENT AND SERVICES.
- Third-Party Content. Content is also provided through the Services by other Users. Other Users might post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. If you rely on third-party content, you assume the risk that it might be inaccurate, misleading, or deceptive. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
- Third-Party Services. We may provide you with the ability to access services developed, provided, or maintained by third-party service providers through the Services ("Third-Party Services"). Third-Party Services may integrate with, pull content from, or add content to the Services. In addition to these Terms, your access to and use of any Third-Party Services is also subject to any other agreement you may agree to before being given access to the Third-Party Services (each, a "Third-Party Service Agreement"). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to these Terms but will not apply to any other Services you may access.
- LINKS TO THIRD-PARTY WEBSITES. The Services may contain links and interactive functionality interacting with the websites of third parties. We are not responsible for, and have no liability for, the functionality, actions, inactions, settings, privacy policies, terms, or content of any such third-party website. Before enabling any sharing functions of the Services to communicate with any such third-party website or otherwise visiting any such third-party website, we strongly recommend that you review and understand the terms and conditions, privacy policies, and settings of each such third-party website. The links and interactive functionality for third-party websites through the Services do not constitute an endorsement by us of such third-party websites. Other websites may link to the Services with or without our authorization, and we may block any links to or from the Services in our sole discretion. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK.
- TERMINATION. These Terms may be terminated by either party at any time, in that party's sole discretion, upon notice to the other party as permitted under these Terms. Upon termination of these Terms for any reason: (1) all rights granted to you under these Terms will terminate; (2) you will immediately cease all use of and access to all Services; and (3) we may, in our sole discretion, delete your Account at any time; provided, however, that we will continue to ship any Products to you that you have ordered prior to such termination, any you may continue to access and use the Services and your Account for the purposes of customer service related to such Transactions both prior to, and (in our sole discretion) within a reasonable time after, such Products have been delivered to you. Provisions which by their inherent meanings are to survive the termination of these Terms will so survive.
- SUSPENSION. Without limiting our right to terminate these Terms, we may also suspend your access to your Account and the Services, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms or applicable law or upon any other conduct deemed by us to be inappropriate or detrimental to Filters Fast, the Services, or any other User or third party.
- TECHNOLOGY AND MARKS. The Services, and the databases, software, hardware and other technology used by or on our behalf to operate the Services, and the structure, organization, and underlying data, information and software code thereof (collectively, the "Technology"), may constitute valuable trade secrets of Filters Fast. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from, or otherwise interact with, the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology. We use reasonable means to protect the security of the Services, but you acknowledge that perfect security on the internet is impossible and that, as a result, Your Content and Transaction Information may be exposed in the event of a breach. We retain all rights, title, and interest, including, without limitation, all IPR in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology, and you are not granted any right or license to use the Technology itself, apart from your ability to access and use the Services under these Terms. The Filters Fast name, logo and all product and service names associated with the Services or Products are trademarks of Filters Fast and its licensors and providers, and you are granted no right or license to use them.
- YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us that: (a) you have the legal right and authority to enter into these Terms; (b) these Terms form a binding legal obligation on your behalf; (c) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms; and (d) your access to, and use of, the Services and Your Content, will comply with all applicable laws, rules, regulations, and third-party rights and will not cause us to violate any applicable laws, rules, regulations, or third-party rights.
- PRODUCT WARRANTIES.
- Manufacturers' Warranties. Other than as stated in Section 19.2, we do not offer any warranties for the Products. However, some of the Products are covered under the original manufacturers' warranty. To determine any Product's warranty coverage provided by the original manufacturer, we suggest that you read all documentation accompanying the shipment of the Product, as it should disclose such warranty coverage, if any. Upon receipt of a Product, we encourage you to complete any Product registration forms accompanying the shipment thereof and to return any such forms to the original manufacturer so that they can use such information to more efficiently process any warranty claims you may present to them. Please note that use of a Product other than as specified in any documentation accompanying the shipment thereof can void an original manufacturer's warranty.
- Our Warranties. If and only if a Product available for purchase through the Services is labeled with a Filters Fast satisfaction guaranteed badge (the "Satisfaction Guaranteed Badge"), we will guarantee that the Product will continue to function as described in the documentation accompanying the shipment thereof for a period of 365 days after the original ship date of the Product (the "Satisfaction Guarantee"). If a Product you purchase with the Satisfaction Guarantee Badge does not meet the Satisfaction Guarantee, you are entitled to the remedies described in our Returns and Refunds Policy available here: Returns and Refunds Policy. Exclusions may apply.
- Contacting Us. If you feel that you have received a defective Product, are not sure if it is covered under any manufacturer warranty or the Satisfaction Guarantee, and are not sure how to proceed, please submit a damage claim form via the Filters Fast Self Service Portal, and we will reply to you promptly to inform you what remedies you may have for such defective Product.
- General. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, OR OTHERWISE MEET YOUR REQUIREMENTS. EXCEPT AS STATED IN SECTION 19, THE SERVICES AND ALL CONTENT, PRODUCTS, TECHNOLOGY, AND OTHER INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (COLLECTIVELY, THE "MATERIALS") ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. EXCEPT AS STATED IN SECTION 19, WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MATERIALS, THE ACCURACY OR COMPLETENESS OF THE MATERIALS, OR THAT COMMUNICATIONS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. EXCEPT AS STATED IN SECTION 19, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY PRODUCT EFFICACY DATA OR INFORMATION PROVIDED TO US BY MANUFACTURERS THAT WE PUBLISH THROUGH THE SERVICES IS NOT A REPRESENTATION, WARRANTY, OR GUARANTEE FROM US TO YOU; RATHER IT IS MEANT TO SERVE AS DESCRIPTIVE INFORMATION ABOUT PRODUCTS. TO THE EXTENT THAT OUR PUBLISHING OF ANY EFFICACY TEST DATA OR INFORMATION CREATES A REPRESENTATION, WARRANTY, OR GUARANTEE UNDER LAW, YOU AGREE THAT SUCH REPRESENTATION, WARRANTY, OR GUARANTEE IS BETWEEN YOU AND THE APPLICABLE PRODUCT MANUFACTURER, AND WE MAKE NO ADDITIONAL REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT PRODUCTS OTHER THAN IN SECTION 19.
- Handling Hazardous Material. SOME PRODUCTS MAY BE CORROSIVE, POISONOUS IF INGESTED, NOXIOUS, OR STRONG OXIDIZING AGENTS OR OTHERWISE MAY EXHIBIT HAZARDOUS PROPERTIES. IF PRODUCTS YOU PURCHASE ARE NOT PROPERLY HANDLED, STORED, TRANSPORTED, OR LAWFULLY DISPOSED, THEY MAY CAUSE INJURY TO PEOPLE, FISH, AQUATIC ORGANISMS, PROPERTY AND THE ENVIRONMENT. YOU AGREE TO PROPERLY HANDLE, STORE, TRANSPORT, AND DISPOSE OF ALL PRODUCTS IN ACCORDANCE WITH ALL INSTRUCTIONS AND DOCUMENTATION PROVIDED BY US AND THE PRODUCT MANUFACTURERS AND WITH ALL APPLICABLE LAWS AND REGULATIONS. ENSURE THAT ALL PRODUCTS ARE KEPT AWAY FROM CHILDREN. EVERY PRODUCT WE SELL IS DIFFERENT AND SHOULD BE HANDLED ACCORDING TO THE PRODUCT-SPECIFIC INSTRUCTIONS AND DOCUMENTATION. READ THE ENTIRE PRODUCT LABEL BEFORE HANDLING ANY PRODUCT.
IF ANY PRODUCT IS INGESTED, CONTACT THE NATIONAL POISON HELP LINE AT 1 800 222-1222 OR SEEK IMMEDIATE HELP FROM EMERGENCY MEDICAL SERVICES.
- Handling of Products that Require Professional Installation. CERTAIN PRODUCTS MAY ALSO REQUIRE PROFESSIONAL INSTALLATION OR ASSISTANCE. ALWAYS FOLLOW ALL PRODUCT INSTRUCTIONS AND DOCUMENTATION TO DETERMINE IF PROFESSIONAL INSTALLATION IS REQUIRED FOR A PRODUCT THAT YOUR HAVE PURCHASED. YOU AGREE THAT YOU WILL OBTAIN PROFESSIONAL INSTALLATION SERVICES FOR PRODUCTS WHERE REQUIRED AND THAT IF YOU ATTEMPT TO INSTALL SUCH PRODUCTS YOURSELF, WE WILL NOT BE HELD LIABLE FOR ANY DAMAGES RESULTING THEREFROM, INCLUDING PERSONAL INJURY OR DEATH.
- Filters Fast Filter Recommendation Engine Disclaimer. THE SERVICES MAY PROVIDE YOU WITH ACCESS TO OUR "FILTERS FAST RECOMMENDATION ENGINE," WHICH RECOMMENDS CERTAIN PRODUCTS TO YOU BASED ON YOUR NEEDS AND THE SEARCH PARAMETERS THAT YOU ENTER INTO THE ENGINE. YOU AGREE THAT WE WILL NOT BE LIABLE, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY CONTENT, SUGGESTIONS, RECOMMENDATIONS, PROPOSALS, OR RESULTS OF THE FILTERS FAST RECOMMENDATION ENGINE. THESE LIMITATIONS SHALL APPLY EVEN IF FILTERS FAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- INDEMNITY. You hereby agree to indemnify, defend, and hold harmless us and our officers, directors, members, managers, shareholders, affiliates, employees, agents, contractors, providers, licensees, successors-in-interest, and assigns ("Indemnified Parties") from any and all claims, suits, demands, actions, losses, liabilities, damages, judgments, settlements, fines, penalties, fees, expenses and costs (including attorneys' fees and court costs) (collectively, "Claims") arising in any manner from: (1) your access to, or use of, the Materials; (2) your Content or Transaction Information; and (3) your breach of any representation, warranty, or other provision of these Terms. We will provide you with notice of any Claim, and we will have the right to participate in the defense of any Claim and hire counsel of our choosing. The Indemnified Parties are third party beneficiaries of these Terms and may enforce them.
- LIMITATION ON LIABILITY. YOU AGREE THAT THE INDEMNIFIED PARTIES (AS DEFINED ABOVE) WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS (AS DEFINED ABOVE). THIS INCLUDES BUT IS NOT LIMITED TO ANY AND ALL COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, EMOTIONAL, PERSONAL INJURY, PROPERTY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, STATUTE, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE). THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES OF ANY KIND ARISING IN CONNECTION WITH (I) YOUR USE OF, OR YOUR INABILITY, TO USE THE MATERIALS, (II) ANY INFORMATION OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE MATERIALS, (III) THE PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (IV) BUSINESS INTERRUPTION, LOSS OF YOUR CONTENT, LOSS OF REVENUES OR PROFITS, OR LOSS OF OPPORTUNITY, (V) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS, (VI) BUGS, VIRUSES, OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE MATERIALS, (VII) BREACHES, THEFT, OR UNAUTHORIZED DISCLOSURE OF ANY INFORMATION OR DATA TRANSMITTED TO, ON, OR THROUGH THE MATERIALS, OR (VIII) ANY OTHER LOSS, HARM, OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE MATERIALS. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE MATERIALS IS TO REQUEST A REFUND PURSUANT TO THE RETURNS AND REFUNDS POLICY. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OR PERMIT YOU TO USE THE MATERIALS WITHOUT THESE LIMITATIONS ON OUR LIABILITY, AND YOU ACCEPT THESE LIMITATIONS ON OUR LIABILITY. TO THE EXTENT A COURT FINDS ANY PORTION OF THIS SECTION UNENFORCEABLE, YOU AGREE THE REMAINING PORTIONS OF THIS SECTION ARE STILL ENFORCEABLE AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE. You and Filters Fast agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Materials, any validity, interpretation, breach, enforcement, or termination of these Terms, or otherwise relating to Filters Fast in any way (collectively, "Covered Dispute Matters") will be resolved in accordance with the provisions set forth in this section 24.
- Informal Resolution. If you have any dispute with us, you and we agree that before taking any formal action, you will contact us at [email protected], provide a brief, written description of the dispute and your contact information (including your email address associated with your Account, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue with you.
- Applicable Law. You and we agree that these Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies and it governs the interpretation and enforcement of the arbitration rules and arbitration proceedings.
- Arbitration. Any and all Covered Dispute Matters must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Rules then in effect ("Rules"). You and we agree the arbitration will be conducted by a single arbitrator and that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. The arbitrator will apply the governing law set forth in these Terms to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. For matters where the relief sought is over $5,000, the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitration shall take place in Charlotte, North Carolina, however desk, phone, or video conference proceedings may be utilized where appropriate and permitted to mitigate costs of travel. Payment of all filing, administration, arbitrator fees and other costs of arbitration will be governed by the AAA's Rules, unless otherwise stated in this agreement to arbitrate. You and we agree that the arbitrator's award shall be final and binding, and judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
- Injunctive and Declaratory Relief. Except as provided in Section 24.5 below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- Exceptions to Arbitration. There are only two exceptions to this agreement to arbitrate:
- First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
- Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
- Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Filters Fast prior to the effective date of the amendment. However, the amendment shall apply to all other Covered Dispute Matters governed by the agreement to arbitrate that have arisen or may arise between you and Filters Fast. If you do not agree to the amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise and except for claims in Small Claims Court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular Covered Dispute Matter, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Mecklenburg County, North Carolina. You and we agree to submit to the exclusive personal jurisdiction and venue of the courts located within Mecklenburg County, North Carolina for the purpose of litigating all such claims or disputes.
- YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO [email protected] ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. In order to opt-out, you must email your full name, address (including street address, city, state, and zip code), email address(es) associated with your Account(s) to which the opt-out applies, and an unaltered digital image of your valid driver's license to: [email protected]. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of this Section 24 and the remainder of these Terms continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (iii) TO A TRIAL BY JURY.
- STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
- NOTICES. Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to us by postal mail to the address for Filters Fast listed on the Services. We may provide you with any notices required or allowed under these Terms by sending you an email to any email address that you provide to us in connection with your Account, provided that in the case of any notice applicable both to you and other Users, we may instead provide such notice by posting it on the Services. Notices provided to us will be deemed given when we actually receive them. Notice provided to you will be deemed given 24 hours after posting to the Services or sending via e-mail, unless (as to e-mail) we are notified that the e-mail address is invalid.
- GOVERNING LAW. The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of North Carolina, United States as such laws apply to contracts between North Carolina residents performed entirely within North Carolina, without regard to the conflict of law provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms, and the parties hereby disclaim the application thereof.
- ADDITIONAL TERMS. Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. All waivers by us under these Terms are invalid unless they are in writing or later acknowledged by us in writing. Any waiver or failure by us to enforce any provision of these Terms on one occasion will not be deemed a waiver by us of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms. The words "include," "includes" and "including" means "include," "includes" or "including," in each case, "without limitation." The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.
FILTERS FAST SHIPPING POLICY
Filters Fast offers economy free shipping every day on U.S. orders over $99 when shipping to the lower 48 states. This free shipping offer excludes Alaska and Hawaii, P.O. Box or APO/FPO/DPO and international orders. Orders under $99 ship for a fee to most destinations within the contiguous United States (excluding Hawaii and Alaska).
Filters Fast offers expedited shipping. When selecting any expedited shipping method, such as FedEx 2nd day or Overnight, your Transaction will be processed and Products shipped out the next business day. Business days are Monday through Friday. Any expedited delivery requests that are placed Friday through Sunday will not result in Products shipped until Monday. If the following Monday falls on a FedEx recognized holiday, your Products will be shipped on Tuesday.
Most Products ship within 1-2 business days after Transaction finalization, unless otherwise stated on the Product page on the Services. Your final shipping cost and estimated delivery time frame will be available to you during checkout.
We offer guaranteed same-day shipping on select Products with your preferred delivery method every Tuesday, Wednesday, and Thursday. When guaranteed same-day shipping is available on a Product, we will state this on the Product page, with the label "Ready to Ship". The "order within" countdown timer provides the window of time in which you must checkout to have your Products ship out the same day the Transaction is finalized. If a Transaction is finalized right at or after 2:00 PM EST, the applicable Products will ship the next business day. Our business days are Monday through Friday. Filters Fast also reserves the right, without cause, to make changes to any same-day shipping timeframe as same-day shipping may become unavailable within the allotted timeframe due to changes in inventory or high-volume capacity when you finalized your Transaction.
Once the shipping label is created, you will receive an email confirmation with the tracking information for your package. A Product with the "Ready to Ship" label does not apply to the delivery speed.
For expedited shipping, you will still need to select your preferred shipping method at checkout. Filters Fast is not responsible or liable for any shipping delays of any kind, including carrier delays, inclement weather, government restrictions, labor shortages, gas or utilities shortages, acts of God, etc.
Please note, some Products are special order and may require a longer ship-out and/or delivery time frame. These Product have a shipping timeframe stated on the Product page on the Services.
All Products ordered to an international destination ship using FedEx, DHL, and/or USPS Services. All applicable import duties or taxes are your sole responsibility. Filters Fast is in no way responsible for any delays or additional taxes or fees that foreign customs agencies may impose or cause. It is your responsibility to contact your local customs agency to inquire about the amount of the fees that may apply to a Transaction, prior to finalization.
You are also responsible for determining whether the Products that you purchase will clear customs in your country. Filters Fast will not allow refunds for Products that a customs agency will not allow into your country.
The Filters Fast Return Policy also applies to our international customers; however, special rules may apply since customs charges are often incurred when Products are being returned to us from another country. You will be solely responsible for paying any duties/taxes on any Products that you are returning to us.
Any international shipment of Products that is refused or is returned to us because it was not picked up in time by you will not be refunded or reshipped.
BULKY ITEM HANDLING FEE
To keep our prices competitive and offset high shipping charges for large packages, some items will include a bulk item fee. This fee will be presented during the checkout process when an order is placed. Bulky item fees are not refundable.
THE HOME FILTER CLUB
Our auto delivery subscription service (also known as the "Home Filter Club") is a convenient and cost-effective program that helps ensure you never run out of the Products you need. Your first order of Products will ship immediately upon placement, while subsequent orders of Products will be shipped automatically at your preferred frequency, reflecting the listed price at the time of reorder.
As a courtesy, you will be notified via the email* on file when your next order of Products in the subscription is ready to ship. At that time, you can make changes to the subscription and all other account information.
Auto-Delivery Changes & Cancellations:
- If a subscription order ships prior to receiving a cancellation request, we will follow our standard Return Policy.
- The price of the Products will reflect the standard prices listed on the Services.
- Promotional prices on third-party sites are not valid on upcoming subscription orders.
- A courtesy email is sent 10 days prior to each shipment of Products to allow for changes and cancellations.
- Home Filter Club orders cannot be combined with other Filters Fast promotions.
- If a subscription order is returned as "undeliverable" twice consecutively, the subscription will be canceled automatically.
- Discounts and incentives are subject to change at any time.
Changes to your Home Filter Club subscription can be made at any time through your Account. Please note, if a subscription order has been placed, any changes made will ONLY be applied to future orders.
You are responsible for updating your Account information for the purposes of receiving your Home Filter Club subscription orders. In the event an order is shipped to an invalid address, you are responsible for the payment and Products shipped. To help prevent any delays in shipments, your credit card expiration date should be automatically updated.
You have the right to cancel your Home Filter Club subscription at any time, with no consequences or penalties.
*It is your responsibility to add [email protected] to your safe senders list to ensure that you receive all Home Filter Club communications.
RETURNS AND REFUNDS POLICY
Filters Fast is happy to accept returns on items within 365 days of the original ship date. All returned Products are inspected and must be in a new, unused condition and contain all original parts, shrink wrap, protective seals, and components or, if used, must have been sold with the Satisfaction Guarantee Badge. We will not accept the return of any other Products, including those that have been damaged other than by the applicable carrier, used, or do not contain all original parts, shrink wrap, protective seals, and components.
Return requests must be processed using our self-service online portal. To access the online portal, login to your account by going to www.filtersfast.com and clicking on the My Account button.
- Filters Fast will not accept any returns on Products that were damaged during installation or because of incorrect installation.
- Returns on custom air filters are not accepted.
- After inspection, if your return is deemed damaged other by the carrier, we reserve the right to decline the return request, including any damage caused by water quality or usage.
- In the event that Filters Fast makes an error in your Transaction, it must be reported within 365 days of receiving the applicable Product(s). After 365 days, Filters Fast reserves the right to deny a return request. We encourage our customers to check the contents of their packages as soon as they are received.
- PLEASE DO NOT REFUSE ANY PACKAGES AS A METHOD OD RETURNING PRODUCTS TO US. If you refuse a package as a method of returning Products to us, and there is no proof of delivery back to Filters Fast, no return will be processed. In addition, all packages that are refused are subject to an additional $10.00 fee.
- In order to maintain the highest sanitation standards, we do not offer returns for masks and mask filter replacements. All mask and mask filter replacement Transactions will be final sales.
We encourage our customers to package their return carefully to avoid any damages in transit back to us.
Damage Due To Carrier Mishandling:
Filters Fast is not liable for damages to your Product(s) caused by the carrier that are reported to us after 365 days from the original ship date.
In the event that you receive Products damaged by the carrier, we will work to resolve the issue, which may include you returning the Products to us. Please follow these steps to submit a claim for Products that the carrier damaged:
- Use the damage claim form via Filters Fast Self Service Portal.
- Submit a clear photo of the damage.
- All requests must be made within 365 days from the original shipment date.
Return Shipping Label:
Filters Fast offers convenient prepaid mailing labels for returns to customers in the contingent continental US.
FILTERS FAST REFUND POLICY
We inspect all returned items when they arrive at our distribution facility. If you comply with the Returns Policy and your return is a result of a Filters Fast error in processing your Transaction or a defective Product that is protected by the Satisfaction Guarantee, we will refund the full cost of the Product. Additionally, if you comply with the Returns Policy and depending on the circumstances, we may refund the full cost of Products that are damaged due to the mishandling of the carrier.
- Filters Fast will not issue any refunds on Products that were damaged during installation or because of incorrect installation or that were otherwise damages, unless such damage was due to carrier mishandling.
- Refunds on returned Products that are shipped to you by mistake or that are damaged by the mishandling of the carrier will only be granted on Products that are in a new and unused condition, with all parts, shrink wrap and components intact.
- Original shipping costs are not refunded.
- Refunds on custom air filters are not accepted.
You can expect your refund within 2-3 weeks from the date you return any Product eligible for a refund. In most cases, you will receive a refund sooner, but please take into account the amount of time required for return shipping (up to 10 days), product inspection at our distribution facility (up to 5 business days), and processing from your bank or credit card company (up to 5 business days). All refunds are issued to the original method of payment.
You are responsible for providing your correct address when entering into a Transaction. In the event any Product is shipped to an invalid address that you provide; you are responsible for the payment and merchandise shipped.
- Types Of Information We Collect.
- Use And Processing Of Information
- Sharing Of Information.
- Your Choices.
- Authorized Agent
- Annual Data Requests
- How We Protect Personal Information
- Other Important Information
- Contact Information
Types Of Information We Collect.
The following provides examples of the type of information that we collect from you and how we use that information.
Types of Data
Primary Purpose for Collection
We collect your name and contact information when you create an account. We also collect information relating to the actions that you perform while logged into your account.
We have a legitimate interest in providing account related functionalities to our users. Accounts can be used for easy checkout and to save your preferences and transaction history.
We collect the name, and contact information, of our clients and their employees with whom we may interact.
We have a legitimate interest in contacting our clients and communicating with them concerning normal business administration such as projects, services, and billing.
Cookies and first party tracking
We have a legitimate interest in making our website operate efficiently.
Cookies and Third Party Tracking
We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites.
Where required by law, we base the use of third party cookies upon consent.
We collect personal information, such as your age or location.
We have a legitimate interest in understanding our users and providing tailored services.
When you use our websites we may collect your location from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location and your distance from a store that sells our products.
We have a legitimate interest in understanding our users and providing tailored services. In some contexts our use is also based upon your consent to provide us with geo location information.
If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.
We have a legitimate interest in understanding how you interact with our communications to you.
If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security Number. Providing this information is required for employment.
We use information about current employees to perform our contract of employment, or the anticipation of a contract of employment with you. In some contexts, we are also required by law to collect information about our employees. We also have a legitimate interest in using your information to have efficient staffing and work force operations.
If you provide us feedback or contact us for support we will collect your name and e-mail address, as well as any other content that you send to us, in order to reply.
We have a legitimate interest in receiving, and acting upon, your feedback or issues.
When you sign up for one of our mailing lists we collect your email address or postal address.
We share information about our products and services with individuals that consent to receive such information. We also have a legitimate interest in sharing information about our products or services.
We collect your name, billing address, shipping address, e-mail address, phone number, and credit card number when you place an order.
We use your information to perform our contract to provide you with products or services.
We collect information that you provide as part of a co-branded promotion with another company.
We have a legitimate interest in fulfilling our promotions.
We have a legitimate interest in understanding your opinions, and collecting information relevant to our organization.
Sweepstakes or contests
When you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected.
We have a legitimate interest in operating the sweepstakes. In some contexts we are also required by law to collect information about those that enter into our sweepstakes, and we have a legitimate interest in complying with those laws.
We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser.
We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.
We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.
We have a legitimate interest in monitoring our networks and the visitors to our websites. Among other things, it helps us understand which of our services is the most popular.
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.
Use And Processing Of Information.
In addition to the purposes and uses described above, we use information in the following ways:
- To identify you when you visit our websites.
- To provide products and services or to process returns.
- To improve our services and product offerings.
- To streamline the checkout process.
- To conduct analytics.
- To respond to inquiries related to support, employment opportunities, or other requests.
- To send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners.
- For internal administrative purposes, as well as to manage our relationships.
Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.
Sharing Of Information.
In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:
- Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
- Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
- Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
- Public. Some of our websites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
- Service Providers. We may share your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
You can make the following choices regarding your personal information:
- Access To Your Personal Information. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you. You may request access to your personal information by contacting us at the address described below. Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.
- Changes To Your Personal Information. We rely on you to update and correct your personal information. Most of our websites allow you to modify or delete your account profile. If our website does not permit you to update or correct certain information, you can contact us at the address described below in order to request that your information be modified. Note that we may keep historical information in our backup files as permitted by law.
- Deletion Of Your Personal Information. Typically we retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. You may, however, request information about how long we keep a specific type of information, or request that we delete your personal information by contacting us at the address described below. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
- Objection to Certain Processing. In certain circumstances, you may object to processing of your personal information. If you revoke your consent for the processing of personal information then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.
- Online Tracking. Some browsers or other tools include "Do Not Track" (DNT) features which, when turned on, send a signal to websites you visit indicating that you do not wish to be tracked across websites over time. We do not currently respond to DNT signals.
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
- Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with "NO SNAIL MAIL" in the subject line along with your name, address and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
- Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying "STOP."
- Revocation Of Consent. If you revoke your consent for the processing of personal information then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.
Please address written requests and questions about your rights to [email protected] or call us at 866-438-3458.
Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.
- A completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer's behalf.
- If you are a business, proof that you are registered with the Secretary of State to conduct business in California.
If we do not receive both pieces of information, the request will be denied.
How We Protect Personal Information
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Some of our websites permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
Other Important Information
The following additional information relates to our privacy practices:
- Third Party Applications/Websites. We have no control over the privacy practices of websites or applications that we do not own.
- Accessibility. If you are visually impaired, you may access this notice through your browser's audio reader.
- Children. We do not knowingly sell the personal information of minors under 16 years of age.
What are Cookies?
What Types of Cookies do We Use?
We place and access cookies on your computer; these cookies are known as "first-party cookies." Cookies may also be placed and accessed by some of our third-party vendors, which are known as "third-party cookies" and are described below. Some cookies are "session cookies," which means that they are temporary cookies that are only stored on your device while you are visiting our Site. Other cookies are "persistent cookies," which means that they are stored on your device for a period of time after you leave our Site.
The following describes the different types of cookies that we use:
We may use third-party advertising companies to serve ads when you visit our Sites. These companies may employ cookies to measure advertising effectiveness. We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your personal information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative's consumer website.
Google Doubleclick for Publishers (DFP) is an ad network partner that displays ads on our Sites. Click here to learn more about Google DFP's ad practices, including how to opt out of using anonymous information to select which ads to show you.
Analytics cookies collect information about your use of the website that allow us to study, and then improve, how customers interact with the website. This is known as website analytics. Analytics cookies allow us to understand more about how many visitors we have to our Sites, how many times they visit us and how many times a user viewed specific web pages within our Site. Although analytics cookies allow us to gather specific information about the pages that you visit and whether you have visited our Site multiple times, we cannot use them to find out details such as your name or address. Examples of analytical tools that we use are: Google Analytics and Adobe Analytics.
These are cookies that our Site needs in order to function, and that enable you to move around and use its services and features. Without these necessary cookies, the Site will not perform as smoothly for you as we would like it to and we may not be able to provide the Site or certain services or features you request. Examples of where these cookies are used include: to anonymously determine when you are signed in; to determine when a user's account has been inactive; and for other security purposes.
How Can I Manage My Cookies?
If you wish to manage or opt-out of cookies utilized by our Sites and third party advertisers, you can take the following steps:
- You may be able to download an opt-out cookie from the third party advertiser's website allowing you to opt-out of cookies. Please visit the third party advertiser's websites for more information.
- Your web browser may allow you to manage what cookies are accepted or declined. These settings can usually be found in the preferences or options menus of your web browser.
- Your web browser may also allow you to manually view cookies and delete the cookies you don't want or need. Check your web browser's settings for more information.
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Effective Date: 8/11/2021
Last Update: 8/11/2021