TERMS AND CONDITIONS

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [NAME OF MANUFACTURER], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

• These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through Filter King.com (the “Site”). These Terms are subject to change by Filter King (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

• Site Access and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for both: (a) making all arrangements necessary for you to have access to the Site, and (b) ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

  To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy https://filterking.com/privacy-policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

  If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

  We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms and Conditions.

• Order Acceptance. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between We and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing Us at [email protected].

• Pricing; Payment; Cancellation; Returns.

  • Change in Price. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

  • Payment Authorization. You hereby authorize Us to charge your account as identified according to this Agreement and expressly authorize automatic renewal of Your Subscription, as applicable, to continue until Subscription is either cancelled by Us or by You as provided herein. You expressly authorize Us to immediately charge Your provided method of payment for Your single order or for your first month of Subscription, as applicable. You expressly authorize Us to charge Your provided method of payment automatically each month on or about every 30 days from the first bill date, as applicable. This draft of the monthly Subscription fee will continue every month until We cancel your Subscription, or until You cancel Your Subscription in writing. YOU REPRESENT AND WARRANT THAT YOU AUTHORIZED TO EXECUTE THIS PAYMENT AUTHORIZATION FOR THE PURPOSE OF IMPLEMENTING THIS ELECTRONIC PAYMENT PLAN. YOU INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM DAMAGE, LOSS, OR CLAIM RESULTING FROM ALL AUTHORIZED ACTIONS HEREUNDER. If the credit card you use with Us reaches its expiration date and you do not edit your payment method information or cancel your subscription, you authorize Us to continue billing your credit card, and you agree to remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You agree that you will not dispute any charge authorized by your use of the Site consistent with these Terms. You agree and acknowledge that if you fraudulently report the credit card used for this Site as stolen, or if you fraudulently report that an authorized charge by us is unauthorized, you shall be liable to Us for liquidated damages of $25,000.00, which shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth herein, and we reserve all legal and equitable remedies.

  • Terms of Payment. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept PayPal, Amazon Pay, and major credit cards, including Visa, Mastercard, Discover Card and American Express for purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

  • Initial Payment and Commencement of Subscription Recurring Payment. You affirmatively consent to and grant Us permission to immediately charge You fees for the first delivery of product. IF YOU SELECT THE OPTION TITLED “AUTO DELIVERY” AT CHECKOUT, EACH MONTH FOLLOWING THE INITIAL ORDER, YOU WILL BE CHARGED A MONTHLY FEE, WHICH CHARGE SHALL OCCUR ON OR ABOUT EVERY THIRTY (30) DAYS (THE “SUBSCRIPTION”) FROM THE FIRST BILL DATE AND SHALL CONTINUE EVERY MONTH OF YOUR CURRENT MONTHLY SUBSCRIPTION CYCLE UNLESS THE COMPANY RECEIVES A WRITTEN NOTICE OF CANCELLATION VIA ELECTRONIC MAIL SENT TO SUPPORT@FILTER KING.COM, WITHIN FIVE (5) DAYS OF THE BILLING DATE OF THE CURRENT SUBSCRIPTION MONTH.

  • Cancellation of Subscription by the Company. If You do not pay on time or if Your method of payment cannot be charged for any reason, We have the right to suspend or terminate Your Subscription. We reserve the right to terminate the Subscription of any customer for any reason at any time. In the event that We elect to terminate Your Subscription, We shall send notice of cancellation to You via the email address You provide to us, within ten (10) days of cancellation.

  • Cancellation of Subscription by You. If You cancel your Subscription by written notice via electronic mail sent to [email protected], Subscription benefits shall cease immediately and automatically upon the Our receipt of written notice by You in the manner provided herein.

  • We may terminate your subscription at any time for your failure to remit the agreed upon subscription fee or for your failure to abide by these Terms. Even if your subscription is terminated, your obligation to pay subscription fees continues through the end of the subscription period during which your subscription was terminated. To cancel your subscription, whether a trial or regular subscription, please contact Us via e-mail at [email protected], and include in the subject line “Termination Request.” To improve our services, we encourage you to identify in the body of the e-mail the reason for your cancellation, together with any suggestions you may have for Filter King to improve the Site and its services. Please recall that while you may cancel your subscription at any time, your obligation to pay subscription fees continues through the end of the subscription period during which you cancel your subscription. Please note that while refunds may sometimes be granted on a case-by-case basis, they are the rare exception to the rule and are granted, if at all, at Filter King’s sole discretion.

  • If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not. You can return a product for up to 30 days from the date you purchased it.

  • By purchasing or canceling a Subscription, you hereby agree to receive an e-mail confirmation that may confirm your purchase or cancellation and that may include important details about your purchase or cancellation, including but not limited to, order/cancellation date, subscription ID, username/password, and Filter King’s contact information for any inquiries regarding the subscription purchased or canceled.

• Shipments; Delivery; Title and Risk of Loss.

  • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

  • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

• Returns and Refunds. Except for any products designated on the Site as non-returnable, We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery and provided such products are returned in their original condition. To return products, you must email our Returns Department at [email protected] to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

• Disclaimer Of Warranties. WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS SOLD THROUGH OUR SITE, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

  All goods sold through the Site, and all of its incorporated materials, information, software, facilities, services, and content are provided “AS IS” and “AS AVAILBLE,” without warranties or conditions of any kind, whether express, implied, or collateral. To the fullest extent permissible pursuant to applicable law, Filter King and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, and assigns disclaim all warranties of any kind, including, without limitation, warranties as to the availability, accuracy, or content of materials, information, products, or services or warranties of non-infringement, merchantability, or fitness for a particular purpose. Filter King does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. Filter King does not warrant or make any representations or conditions of any kind regarding the use or the results of the use of the materials, information, software, facilities, services, or other content on the Site (or any Sites linked to the Site). Filter King and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, and assigns assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or other content on the Site (or any Sites linked to the Site). Your use of this Site is at your own risk. The entire risk as to the quality and performance of the Site and its materials, information, software, facilities, services or other content is borne by you and not Filter King. Should the Site or any of its materials, information, software, facilities, services or other content prove defective, inaccurate, or somehow cause any damage or inconvenience to you or your computer, you and not Filter King agree to assume the entire cost of any and all resulting damages. You acknowledge that this disclaimer of warranty constitutes an essential part of these Terms.

• Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OBTAINED THROUGH OUR SITE.

• Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all export regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.

• Intellectual Property Rights. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  You may store files that are automatically cached by your Web browser for display enhancement purposes.

  You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  If We provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  If We provide social media features with certain content, you may take such actions as are enabled by such features.

  You must not modify copies of any materials from this site, or Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

  If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

• Trademarks. The Company name, terms, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

• Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:

  In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

  To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

  Additionally, you agree not to:

  Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

  Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.

  Use any device, software, or routine that interferes with the proper working of the Site.

  Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  Otherwise attempt to interfere with the proper working of the Site.

• You acknowledge and agree that Filter King is the owner or licensee of all rights in this Site and its contents, software, databases and services unless otherwise stated. The materials contained in this Site are protected by the copyright and trademark laws and other laws of the United States and other jurisdictions. No user of this Site has any right, title, or interest in such contents, software, databases or services not previously expressly granted in writing to such user by Us or by any licensor. No materials from this Site may be published, uploaded, downloaded, transmitted, posted, copied, reproduced, distributed or republished except with (i)Filter King’s express written permission, (ii) in accordance with a license granted by Filter King, (iii) by the terms of a contract entered into by Filter King, or (iv) as permitted by applicable law.

• Disclaimer Regarding Product Specifications, Pricing, and Typographical Errors. Filter King does its best to describe its services and resources offered on this Site as accurately as possible. Since human error is inevitable, however, Filter King does not warrant that its descriptions and specifications are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Filter King shall have the right to refuse or cancel any subscriptions or orders in its sole discretion.

• Disclaimer Regarding Third-Party Sites. This Site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, job candidates or material that some people may find inappropriate or offensive. You acknowledge and understand that these other sites are not under the control of Filter King, and that Filter King is not responsible for the accuracy of job postings or candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Filter King or any association with its operators. Filter King does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against Filter King or its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, and assigns with respect to such sites. Filter King strongly encourages you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with third parties.

• Release. If you have a dispute with one or more users (including merchants), you release Filter King and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, assigns, and licensees from claims, demands, liabilities, costs, expenses, and damages of every kind and nature—actual and consequential, known and unknown—that arise out of or in any way relate to or are connected with such disputes, the Site, or these Terms. This release is deliberately broad in scope to include any and all disputes arising out of this Site, including, without limitation, Filter King’s use or disclosure of content and information you provide to the Site. To the extent permitted by applicable law, in entering this release you expressly and knowingly waive any and all protections (whether statutory or otherwise) that would otherwise limit the coverage or scope of this release in some manner.

• Indemnification. You agree to fully indemnify and hold harmless Filter King and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting, directly, indirectly, or consequentially, from Filter King’s use of content you submit to this Site, from your subscription or account with this Site, and from your breach of these Terms. Your indemnity obligations cover damages resulting from loss revenue, loss of property, fines, attorneys’ fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizures, forfeitures, and injunctions.

• Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://Filter King.com/privacy-policy , governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

• Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

• Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

• No Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

• No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.

• No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than You.

• Class Action Waiver; Arbitration. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

  In the event of any controversy between the parties, including but not limited to any claims, dispute, suite, demand, cross claim, counterclaim, or third-party complaint (where statutory, in tort, or otherwise) arising out of or relating to this agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration.

  This arbitration is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. Any and all arbitration under this Agreement shall be conducted in Miami-Dade County, Florida.

  THE PARTIES AGREE THAT ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR MASS ACTION. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS.

  The Arbitration shall be administered by the American Arbitration Association (“AAA”) will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.)

  The Federal Arbitration Act will govern the interpretation and enforcement of this section, and according to the arbitration service’s fee schedule and the service’s current applicable rules and procedures EXCEPT: 1) that the parties expressly waive the applicability of any rule governing class or mass action; and 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law.

  The arbitrator’s award shall be final and binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties.

  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

  EACH PARTY SHALL BE EQUALLY RESPONSIBLE FOR PAYING ANY ARBITRATION/ARBITRATOR FEES, AND EACH PARTY EXPRESSLY AGREES THAT FAILURE TO PAY ANY SHARE OF THE ARBITRATION FEE SHALL RESULT IN A DEFAULT AGAINST THE PARTY FAILING TO PAY.

  If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys’ fees unless such fees are expressly provided for by applicable law. If the arbitrator determines that reasonable attorneys’ fees are to be awarded under applicable law, the parties agree that the arbitrator will also determine the amount under the award for attorneys’ fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator’s award or unsuccessfully challenges the arbitrator’s award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. BINDING ARBITRATION MEANS: (1) THAT BOTH PARTIES GIVE UP THE RIGHT TO A TRIAL BY JURY; (2) THAT BOTH PARTIES GIVE UP THE RIGHT TO APPEAL FROM THE ARBITRATOR’S RULING EXCEPT FOR A NARROW RANGE OF APPEALABLE ISSUES EXPRESSLY PROVIDED FOR IN 9 U.S.C. § 16; AND (3) THAT DISCOVERY MAY BE SEVERELY LIMITED BY THE ARBITRATOR, AND SHOULD THE ARBITRATOR DECIDE TO ALLOW FULL DISCOVERY, THE ARBITRATOR MAY NOT EXCEED DISCOVERY LIMITATIONS SET FORTH BY THE FEDERAL RULES OF CIVIL PROCEDURE.

• Electronic Communication Consent; Prior Express Written Consent. You consent to do business electronically with the Company. You understand that electronic transactions, not limited to emails, are inherently unsecure and that both the Us and You will take all reasonable steps to maintain the privacy of the information shared between the parties. You consent to receive information and documents relating to this Agreement as well as the Our services and products via electronic mail, text message, facsimile, voicemail, and any other common electronic means. You understand that all costs associated with the receipt, review and use of such electronic communications shall be Your responsibility, such as maintaining access to the Internet or paying for text messages. You consent to receive updates and documents relating your order(s), this Agreement and any other services and programs offered by Us via prerecorded voice messages, text/SMS messages, and/or through the use of an automated dialing system to the cellular or other telephone numbers provided by You. You may contact the Us at any time to opt-out of receiving updates, new programs or offers through prerecorded or autodialed messages. Consent to this section does not bind me to any future purchases of new services or offers.

• Notices.

  • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

  • To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected]. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately.

• Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

• Entire Agreement. Our Site Terms and Conditions and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

• Contact Information. This Site is controlled, owned, and operated by Filter King. To make a general inquiry, comment, or complaint, or to ask a question regarding privacy or legal compliance, please direct all inquiries to [email protected] .

• Reservation of Rights. Filter King reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and any software, facilities and services on this Site, with or without notice. Filter King also reserves the right to modify, change, establish, and implement general guidelines and limitations regarding use of this Site and any software, facilities or services of this Site. Filter King further reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mail you make or send to Filter King, the Site, or any user of the Site. Filter King may seek to gather information from the Site subscriber or visitor who is suspected of violating these Terms, and from any other user. Filter King may suspend any subscribers whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Filter King believes, in its sole discretion, that a violation of these Terms has occurred, it may remove the material permanently, cancel postings, warn subscribers, suspend subscribers and passwords, terminate accounts or take other corrective action it deems appropriate. Filter King will fully cooperate with any law enforcement authorities or court order requesting or directing Filter King to disclose the identity of anyone posting any e-mails,or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF Filter King FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF FILTER KING DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF Filter King OR LAW ENFORCEMENT AUTHORITIES.