FSC reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions upon reasonable notice to you. Your continued use of the Site and/or the Services following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. If you do not accept any changes made to these Terms and Conditions, you should immediately terminate this Agreement pursuant to Section 15 below. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. FSC highly recommends that you review these Terms and Conditions from time to time to ensure that you are familiar with the most recent version. When you visit the Site or send e-mails to us, you are communicating with us electronically. FSC will communicate with you by e-mail or by posting notices on this Site. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications FSC provides to you electronically satisfy any legal requirement that such communications be in writing.
FSC uses PayPal to process orders for the Services that are made through the Site. Therefore, information that you provide on the Site may also be governed by PayPal's terms and conditions and privacy policies https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside.
As described in more detail on the Site, FSC offers subscription water filter delivery services. The Services are subject to product availability. Upon signing up for the services, you will receive regular delivery of water filters at predetermined intervals. Information about the various subscription levels, and the current pricing for each service level, can be found on the Site http://www.filtersavingsclub.com/start-filtering. By purchasing a subscription to the Services through the Site, you agree to pay the applicable fee for the Services. You agree to be charged a recurring fee for the Services at the applicable rate as set forth on the Site at the time of renewal. FSC will bill your credit card for (at least) a portion of the water filter purchase price, regardless of the frequency of your filter deliveries. For example, if your subscription to the Service is for filter delivery every three months, you will be charged 1/3 of the filter price each month. If your subscription to the service is for monthly filter delivery, you will be charged the full filter price each month. More information on how you will be charged for the Service can be by signing into your account at http://www.filtersavingsclub.com/member_login.
From time to time, FSC may also offer different subscription terms for the Services, and the fees for such subscriptions may vary. FSC only accepts credit cards for payment of the products and Services offered through the Site and FSC uses PayPal to process your credit card information. The subscription fee for the services, and any renewal fees, is non-refundable. Taxes may apply and FSC may collect such taxes by charging the credit card number associated with your account. Your subscription fees for the Services are fully earned upon payment. Notwithstanding anything to the contrary in this Agreement, FSC reserves the right to change prices for products and Services at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
YOUR SUBSCRIPTION FOR THE SERVICES OFFERED ON THE SITE WILL AUTOMATICALLY RENEW EACH TIME A NEW FILTER(S) IS SHIPPED TO YOU (EVERY MONTH, TWO MONTHS, OR THREE MONTHS DEPENDING ON YOUR SUBSCRIPTION LEVEL), UNLESS YOU INDICATE, THROUGH YOUR ACCOUNT ON THE SITE AND PRIOR TO YOUR RENEWAL DATE, THAT YOU DO NOT WANT YOUR SUBSCRIPTION TO THE SERVICES TO RENEW. IF YOU HAVE NOT CANCELLED THE AUTOMATIC RENEWAL PRIOR TO YOUR RENEWAL DATE, FSC WILL (AND YOU AUTHORIZE FSC TO) CHARGE YOUR SUBSCRIPTION FEE TO THE CREDIT CARD NUMBER THAT FSC HAS ON FILE FOR YOU. UNLESS OTHERWISE STATED, RENEWAL TERMS ARE FOR ONE MONTH, TWO MONTHS, OR THREE MONTHS AT THE APPLICABLE RATE SET FORTH ON THE SITE AT THE TIME OF RENEWAL. FOR MORE INFORMATION REGARDING YOUR SUBSCRIPTION LEVEL AND YOUR UPCOMING RENEWAL DATES, PLEASE VISIT YOUR ACCOUNT SETTINGS BY LOGGING INTO YOUR ACCOUNT AT http://www.filtersavingsclub.com/member_login.
If the filter(s) that you receive in any shipment are damaged or defective, FSC will provide replacement filter(s) upon request. All replacement requests should be directed to firstname.lastname@example.org, and such requests must be made within 3 days of receiving the defective/damaged products. In some cases, FSC may request proof of the damage/defect before providing a replacement product.
The risk of loss and title to the products shipped in connection with the Services pass to you upon FSC's delivery of such products to the shipping carrier.All products and Services purchased through the Site are for personal use only and are not for resale. FSC reserves the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the Products. In addition, FSC reserves the right to limit quantities of items purchased by each customer. FSC further reserves the right to cancel any order or refuse to provide the Service to anyone for any lawful reason.
To be eligible for the Service, you must have a shipping address in the contiguous United States.The Services are only available to individual that are 18 years of age or older.
The Services are only available to individual that are 18 years of age or older.
This Site (including the software and files), the computers hosting this Site, and content provided on this Site, including the text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the "Content") are the exclusive property of FSC or are licensed to FSC, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, FSC does not grant any express or implied rights to you. The Contents are @ 2013, Filter Savings Club Inc. All rights reserved. FSC also owns copyright rights in the Site as a collective work and/or compilation and in any and all databases accessible on or through the Site. Unless otherwise noted, FILTER SAVINGS CLUB and other brands featured on the Site constitute FSC's trade/service marks. You agree not to directly or indirectly: attempt to register, challenge, or contest the validity or FSC's ownership of, such copyrights, trademarks or any other FSC intellectual property, or assist any third party in doing so. The Site may also include the product, service and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
FSC grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with this Agreement. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for non-commercial purposes, provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to FSC in a form and manner acceptable to us. You may not use Content in any manner that suggests the endorsement or association of any third-party entity, person, product, or service by FSC unless express written permission has been given by FSC in advance. You may not under any circumstances copy, print, or download in any medium all or substantially all of the Content. Unless and except as otherwise expressly permitted by this Agreement, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, "deep link," "scrape," data mine, or otherwise use any Content, information, or material obtained from or through this Site without written permission from FSC. You may not remove any copyright notices or other notices of intellectual property rights from the Site or any Content available on or through the Site. Any unauthorized use of this Site or the Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although FSC has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, FSC is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. FSC shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
FSC may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the World Wide Web for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by FSC. Any such information, products or sites have not necessarily been reviewed by FSC and are provided or maintained by third parties over which FSC exercises no control. In addition, to the extent that they were reviewed by FSC, FSC undertakes no responsibility for continually monitoring such sites; the material at a site when FSC viewed it may differ materially than when you do. Accordingly, FSC expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. [You may not create a link from your web site or any other Internet location to the Site without prior written permission of FSC. As noted above, deep linking to internal pages of the Site is expressly prohibited
You expressly absolve and release FSC, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, FSC reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. FSC will also comply with all court orders involving requests for such information.
FSC welcomes your feedback and suggestions about how to improve this Site, as well as other comments related to this Site and any Products or Services offered in connection with this Site. FSC may also offer the ability to post comments, reviews, feedback, and other material to certain interactive portions of the Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for FSC to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. FSC may, but will not be obligated to use, and/or provide any author attributions related to, any Submissions.
You agree that the Submissions will not constitute or be comprised of any material that is unlawful or prohibited by this Agreement. FSC reserves the right, but is not obligated, to monitor your public Submissions and remove any public Submissions that FSC considers, in its sole discretion, to constitute misuse of these rules. FSC may restrict, suspend, or terminate your use of the Site or the Services where, in FSC's sole discretion, it believes that there may have been such misuse. The following examples include misuse of the Site: (a) claiming a relationship with or speaking for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to FSC); (b) providing false or misleading personal information or email addresses, or impersonating any other person or entity; (c) harming minors in any way; (d) harassing another person; (e) unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially, or otherwise objectionable Submissions; (e) infringing any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (f) unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes."
The list above only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses of the Site that may result in the restriction, suspension, or termination of your use of the Site or the Services.
FSC respects the intellectual property of others, and it asks users of the Site to do the same. FSC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the rights of third parties, or whom FSC has a reasonable basis to believe infringe the rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact FSC's copyright agent at the address below with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Blakes, Cassels & Graydon LLP, 199 Bay St. Suite 4000, Toronto, Ontario, M5J 1A1, Canada. (416) 863-2400, email@example.com.
You represent and warrant to FSC that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use.
FSC PROVIDES THIS SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES SOLD ON THE SITE ON AN "AS IS" BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. FSC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES SOLD ON THE SITE.FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. AS STATED HEREIN, FSC MAY MAKE MODIFICATIONS AND/OR CHANGES TO THIS SITE OR THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED ON THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE.
UNDER NO CIRCUMSTANCES WILL FSC BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT, YOUR ACCESS OR USE OF THIS SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES OFFERED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT, OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF FSC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FSC'S LIABILITY TO YOU FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR ACCESS OR USE OF THIS SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES OFFERED ON THE SITE (FOR ANY CAUSE OF ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY ($50) DOLLARS OR THE AMOUNTS YOU PAID TO FSC FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
You agree to indemnify and hold harmless FSC, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third-party claims based on or related to your (a) use of this Site, the Content, or any Products or Services offered on the Site, or (b) any breach by you of these Terms and Conditions.
Subject to this section, this Agreement will remain in full force and effect while you use the Site, are paying fees for the Services, and/or have an account on the Site. You may terminate your account and the Services at any time, for any reason, by going to the subscription settings in your account page by loging in at http://www.filtersavingsclub.com/member_login or by e-mailing us at firstname.lastname@example.org. If you terminate your subscription to the Services prior to fully paying for your first shipment, FSC reserves the right to continue charging the credit card number associated with your account until such products have been paid for in full.FSC may immediately terminate this Agreement or immediately suspend or terminate your access to your account on the Site or the Services at FSC's discretion with or without notice at any time. FSC may send notice of such termination or suspension to you at the e-mail address you provided at the time of creating your account or such other e-mail address as you may later provide to FSC. Upon termination of this Agreement by either party, your right to access the Site and to receive the Services will terminate immediately. Even after this agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 6-10 and 12-17.
This Agreement shall be governed by the laws of New York, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be New York. You agree to submit to the jurisdiction of the state and federal courts in New York for the purposes of any judicial proceedings relating to or arising from this Agreement.
Waiver of Class Action. While FSC makes every reasonable effort to resolve any disagreements you may have with us, if these efforts fail you and we agree that all claims, disputes or controversies arising out of or relating to this Agreement or your use of the Site or Services are subject to binding arbitration. This includes claims based on contract, tort (including intentional tort), fraud, agency, your or FSC's negligence, statutory or regulatory provisions, or any other sources of law; claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and claims made independently or with other claims. As used in this arbitration agreement, FSC includes its parent, subsidiaries, divisions, or affiliates and their respective officers, directors, employees, agents, or successors. Notwithstanding the above, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
YOU AND FSC ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR FSC'S INDIVIDUAL CAPACITY AND IN SO DOING YOU AND FSC HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. HOWEVER, FSC WILL NOT INVOKE ITS RIGHT TO ARBITRATE ANY INDIVIDUAL CLAIM THAT YOU BRING IN SMALL CLAIMS COURT, AS LONG AS IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer-Related Disputes in effect on the date the arbitration is filed ("AAA Rules"). The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. Any arbitration hearing that you attend will be held at a place chosen by the AAA in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. A single, neutral arbitrator will resolve claims. The arbitrator will be either a lawyer with at least ten (10) years experience or a retired or former judge, selected in accordance with the AAA rules. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. The payment of administrative and arbitrator's fees will be governed by the AAA's rules. Unless your claim is valued at more than $75,000, we waive the right to recover an award of attorney's fees and expenses against you. The arbitrator's award is final and binding on the parties. Any claim you have must be commenced within one (1) year after the claim arises.
FSC shall be relieved of its obligation to perform this Agreement to the extent that the performance is prevented by your failure to perform this Agreement, fire, weather conditions, industrial dispute, labor disturbance, or any other cause beyond FSC's reasonable control.
Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by FSC of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
No joint venture, partnership, employment, agency or other relationship exists between you and FSC as a result of this Agreement or your use of this Site. If any provision of this Agreement (including any change, modification, or update made pursuant to this Agreement) is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.