Copyright and Trademark Protection Notice
Copyright © 2004 by All-Kinds-of-Filters.com. All text, graphics, design and other works are the
copyrighted works of All-Kinds-of-Filters.com. All Rights Reserved.
Any redistribution or reproduction of any materials herein is strictly
prohibited.
Website Use Agreement
The
following are the terms of the agreement between All-Kinds-of-Filters.com (“Company”)
and the buyer (“Buyer”) of goods or services through the All-Kinds-of-Filters.com
website (the “Site”). Through the use of this website and the purchase of
goods and services offered herein, you agree to be bound by the Terms and
Conditions of this website. If you do not agree to these terms, you can
not view website information or purchase goods and services, so please review
these terms carefully:
1.
This Contract constitutes the entire and only agreement between the
Company and Buyer, and supersedes any and all prior or contemporaneous
agreements, representations, warranties, and understandings with respect to the
goods, services and information provided by or through the Site, and the
subject matter of this Contract. Buyer agrees to review this
Contract prior to purchasing anything and purchase of a good or service shall
be deemed acceptance of this Contract.
2.
Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct
and complete and (ii) charges incurred by the Buyer will be honored by the
Buyer's credit card company and (iii) Buyer shall pay charges incurred by
Buyer at the amounts in effect at the time incurred, including all applicable
taxes. Buyer shall be responsible for all charges incurred through use of
Buyer's password. Buyer agrees to keep his or her password confidential
and to notify Company within 24 hours of any breach of this Contract or
unauthorized use of the password. Company does not protect Buyer from unauthorized
use of Buyer's password.
3.
Copyright. The content, organization, gathering,
compilation, magnetic translation, digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks, and other
proprietary (including but not limited to intellectual property) rights, and,
the copying, redistribution, use or publication by a Buyer of any such content
or any part of the Site is prohibited.
4.
Editing, Deleting, and Modification. Company reserves the
right in its sole discretion to edit or delete any information or content
appearing on the Site and to remove any goods and services for sale. Upon
notice published over the Service, Company may modify this Contract, or prices,
and may discontinue or revise any or all aspects of the Site in its sole
discretion and without prior notice. Modification of this Contract will
be deemed effective upon publication on the Site with respect to transactions
occurring after said date.
5.
Right to Refuse. Company reserves the right in its sole
discretion to refuse service at any time. Sale of any goods or services is subject to availability.
6.
Indemnification. Buyer agrees to indemnify, defend and hold
Company and its affiliates, licensors and suppliers harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to a Buyer's violation of this Contract or use of the Site.
7.
Non-Transferable. Buyer's right to use the Service is not
transferable and is subject to any limits established by Company or by Buyer's
credit card company.
8.
Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM
OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM
LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR
ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR
THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR
SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY
REGARDING LIMITATION OF LIABILITY.
9.
Refund Policy. If a product purchased is defective or not
to Buyer’s satisfaction, Buyer can return the product in its original condition
within 30 days of receipt with a return authorization. In such event,
Company shall provide Buyer a credit or exchange for other purchases from the
Site. Refund or exchange credit does not include shipping charges.
Customers are responsible for shipping charges on returned merchandise and for
shipping new, exchanged products. Customers are responsible for shipping
damage on returned merchandise. Shipping insurance is suggested.
10.
Use of Information. Your information, and the order
recipient's information, is used to process the order, send order
notifications, confirm delivery, provide customer support, supply services, and
communicate effectively. All-Kinds-of-Filters.com never sells or rents
your personal contact information to any outside source. Company reserves
the right, and Buyer authorizes Company, to the use and assignment of all
information regarding Buyer’s use of the Site and all information provided by
Buyer, subject to our Privacy Policy.
11.
Miscellaneous. This Contract shall be treated as though it
were executed and performed in New Hampshire and shall be governed by and
construed in accordance with the laws of the United States of America and of
the State of New Hampshire (without regard to conflict of law
principles). Any cause of action of Buyer with respect to the Site must
be instituted within six (6) months after any purchase or be forever waived and
barred. All actions shall be subject to the limitations set forth in
Section 8. The language in this Contract shall be interpreted as to
its fair meaning and not strictly for or against any party. All legal
proceedings arising out of or in connection with this Contract shall be brought
solely in New
Hampshire and
Buyer expressly submits to the jurisdiction of said courts and Buyer consents
to extra-territorial service of process. Should any part of this Contract
be held invalid or unenforceable, that portion shall be construed consistent
with applicable law as nearly as possible to reflect the original intentions of
the parties and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site or the
Company is in conflict or inconsistent with this Contract, this Contract shall
take precedence. Failure of Company to enforce any provision of this
Contract shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
Information Disclaimer
INFORMATION AT THIS SITE IS
PROVIDED FOR EDUCATIONAL PURPOSES ONLY. CONSULT YOUR HEALTH CARE PROFESSIONAL
REGARDING THE APPLICABILITY OF ANY OPINIONS OR RECOMMENDATIONS PROVIDED AT THIS
SITE WITH RESPECT TO YOUR PERSONAL MEDICAL REQUIREMENTS. THIS SITE CONTAINS
LINKS TO OTHER INTERNET SITES. SUCH LINKS ARE NOT ENDORSEMENTS OF ANY PRODUCTS
OR SERVICES IN SUCH SITES AND NO INFORMATION IN SUCH SITE HAS BEEN ENDORSED OR
APPROVED BY ALL-KINDS-OF-FILTERS.COM. THE INFORMATION FROM OR THROUGH THIS SITE
IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE
AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND
USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO
THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH
LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE
MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS,
SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.