Legal Disclosures and Terms of Service

 

  1. Introduction

These Terms of Service ("Terms") govern your use of AccuraFil, Inc’s website www.accurafil.com (the “Site”). By accessing the Site whether as a guest or an account holder, it is crucial to thoroughly read and understand these Terms of Service. By accessing, using the Site, or accepting these Terms of Service, you are indicating your agreement to comply with them. If you do not accept these Terms of Service, you are not allowed to access, use the Site, or make any purchases through it.

By opting for recurring product shipments, you authorize us to automatically charge the associated fees on your selected payment method unless you cancel in accordance with the guidelines specified in these Terms of Service. For further details, please refer to Section 7.3.  below.

AccuraFil is headquartered in Virginia, United States, and the Site is designed for individuals located in the United States and Canada. We do not guarantee the accessibility or suitability of the Site or its content for regions beyond these countries. If you choose to access the Site from outside the United States or Canada, it is your responsibility to comply with the local laws and regulations in that jurisdiction.

We kindly request that you carefully read our Privacy Policy (accessible at https://www.accurafil.com/pages/privacy-policy) to understand how we gather, utilize, and safeguard your information. By utilizing the Site or accepting these Terms of Service, you consent to be bound by our Privacy Policy. If you disagree with our Privacy Policy, we kindly ask you to refrain from providing any personal information.

To access and use the Site, you must be 18 years of age or older and reside in either the United States or Canada. If you are agreeing to these Terms of Service on behalf of your employer or another entity, it is essential that you possess the legal authority to do so. By utilizing the Site, you confirm and assure that you meet the specified eligibility criteria and that the information you provide is genuine, precise, and comprehensive. If you fail to meet these requirements, you are prohibited from accessing or using the Site.

If, by any chance, disputes arise between us that cannot be resolved through our dedicated support services team or consultations, these Terms of Service stipulate the use of individual arbitration as the preferred method of resolution, instead of resorting to jury trials or class actions. For additional details, please refer to Section 11 provided below.

  1. Ownership and Use of the Site

The Site and its Contents, including text, images, and software, are the property of AccuraFil, Inc and protected by intellectual property laws.

You may temporarily store copies of the content on your device, but you are not authorized to copy, distribute, modify, or use the content without written permission.

You must not frame or link to AccuraFil, Inc’s trademarks or proprietary information without consent. The Site is for personal, non-commercial use only, and you must comply with copyright and trademark notices.

Names, logos, and slogans associated with AccuraFil are owned by AccuraFil, inc and should not be used without permission.

You agree to use the Site lawfully, not harm its functionality, and not violate any laws or regulations. Breach of these terms will result in the termination of your access to the Site. Any suggestions or ideas you provide may be used by AccuraFil without restrictions.

  1. Accuracy and Integrity of Information

AccuraFil makes every effort to maintain the integrity, completeness, and accuracy of the Site, but it does not provide any assurances, warranties, or guarantees regarding the integrity, completeness, or accuracy of the Site and its Content. Your reliance on such information is solely at your own risk. AccuraFil disclaims all liability and responsibility arising from any reliance placed on such materials by you, other visitors to the Site, or anyone who may come across its contents. The Site may potentially contain typographical errors, inaccuracies, or other mistakes, and unauthorized modifications may be made to the Site by third parties. If you encounter any inaccuracies, please notify AccuraFil to rectify the situation.

The Site may include content provided by third parties, including materials from users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. AccuraFil bears no responsibility or liability for information or content posted on the Site by any third party not affiliated with AccuraFil. Any statements, opinions, articles, or responses to questions expressed in these materials, excluding the Content provided by AccuraFil, are solely the opinions and responsibility of the individuals or entities providing them. These materials do not necessarily reflect the views of AccuraFil.

The information contained on the Site may be subject to changes or updates without prior notice. Any material on the Site may become outdated at any given time, and AccuraFil is not obligated to update such material.

  1. Product Information: Limitation on Quantities

If a product or service is listed on our Site with an incorrect price due to errors such as typographical mistakes or import issues, we retain the right to cancel any orders placed for that product with the incorrect price. This applies irrespective of whether the order has been confirmed and your payment method has been charged. If your order has already been charged and subsequently canceled, we will promptly reimburse your account with a credit equivalent to the amount of the incorrect price. Additionally, we reserve the right to restrict the quantities of products purchased by users and to modify, suspend, or terminate an event or promotion at any time, even after an order has been submitted and/or acknowledged, without prior notification.

Please be aware that the availability of products described on our Site is not guaranteed. We may modify the availability or other attributes of products without prior notice.

  1. Access to Site; Indemnification

AccuraFil have the authority to withdraw or modify this Site, along with any services or materials provided on it, at our sole discretion and without prior notice. We cannot be held responsible if, for any reason, the entire Site or any part of it becomes unavailable at any time or for any duration.

We retain the right to revoke your access to the Site at any time, with or without cause.

Certain sections of the Site necessitate a user ID and password for access. When you sign up for an account you receive a username, password, and/or any other security information, you agree to keep your user ID and password confidential. Sharing or disclosing your user ID or password to any third party is strictly prohibited. You will be held responsible for any activities conducted on the Site by someone else using your account. Promptly inform us of any unauthorized access, use of your user ID or password, or any other security breach. Please exercise caution when accessing your account from a public or shared computer to prevent others from observing or recording your password or personal information.

You agree to defend, indemnify, and hold AccuraFil, its affiliates, and their respective licensors, service providers, employees, agents, officers, and directors harmless from any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including attorneys' fees) incurred by or asserted against the aforementioned indemnified parties arising from your use or access to the Site using your user ID, or any violation of these Terms of Service.

  1. Submissions / Uploads to the Site

By submitting or uploading any information or files to our Site (referred to as "Submissions"), you agree to comply with the following guidelines:

Refrain from posting or transmitting any content that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful. Additionally, do not share any content that may encourage criminal or unethical behavior.

avoid submitting or uploading anything that infringes upon the copyright or intellectual property rights of any individual or entity.

Avoid posting or transmitting viruses or any other harmful components that could compromise the Site or its users.

avoid contacting other Site users through unsolicited means such as email, telephone calls, mailings, or any other form of communication.

Accurafil retains an irrevocable license and the right to use Submissions for its business purposes. It is your responsibility to ensure that all Submissions you create or require are properly backed up to ensure accessibility in case of loss, corruption, or interruption. Additionally, you agree to defend, indemnify, and hold harmless Accurafil, its affiliates, licensors, service providers, employees, agents, officers, and directors from any claims, damages, and expenses (including reasonable attorney's fees) that may arise from Submissions you post or allow to be posted on the Site.

  1. Terms of Sale
7.1. Overview
AccuraFil functions as a seller of air filters for residential, commercial and industrial applications (collectively referred to as the "Products") through the Site. These Products are designed for customers who purchase them directly or subscribe to receive regular shipments (referred to as "Subscriptions") solely for their personal use or internal business purposes. Purchasing Products or Subscriptions with the intention of resale or distribution is strictly prohibited. All Subscriptions and their related rights and benefits are personal and cannot be transferred to others.
 
7.2. Pricing, Promotions, and Product Offerings
The pricing details for Products and Subscriptions can be accessed on the Site when signing up for a Subscription at https://www.accurafil.com. Accurafil reserves the right to modify prices for Products and Subscriptions at its discretion and does not provide price protection or refunds in the event of promotions or price reductions. Recurring fees or charges associated with Subscriptions may be subject to change with prior notice. If there is an increase in fees, you will have the opportunity to cancel your Subscription before incurring any charges at the revised rate. However, if you do not cancel before the next scheduled subscription payment (when the fee increase takes effect), the recurring subscription fee or charges at the increased rate will be automatically charged to your payment method for that shipment and subsequent shipments until you decide to cancel.
Your Subscription may include one or more free shipments or other promotional pricing or discounts (referred to as "Initial Promotions"). These Initial Promotions apply only to the first shipment of Products or as specified during sign-up to a new Subscription. The eligibility for Initial Promotions is determined solely by Accurafil. Individuals engaging in fraudulent activity will be notified, and such activity may result in consequences such as access suspension, cancellation of orders and/or Subscriptions, and termination of these Terms of Service. These consequences are in addition to Accurafil's other rights under these Terms of Service and applicable laws.
Please note that while purchasing a Subscription, we cannot guarantee that the exact Products you have chosen (including their features, quality level, and pricing) will always be available or continue to be offered under your Subscription. Accurafil reserves the right to substitute the Products shipped to you with alternative Products that we believe will meet your expectations, comply with applicable warranties, and maintain the same fit and sizing specifications as your initial product selection. For HVAC air filter, we take specific measures to ensure they meet the appropriate fit and sizing requirements. If you are dissatisfied with the alternative Product chosen for you, you have the option to cancel your Subscription as outlined in Section 7.3. below. Alternatively, you can contact our dedicated Customer Care team through our Contact Us webpage.
 
7.3. Payment Methods; Recurring Charges Associated with Subscriptions and Subscription Cancellation Policy
Accurafil accepts various payment methods, including credit cards, debit cards, and other electronic payment methods. When using Our services, you agree to pay all fees according to the specified fees, charges, and billing terms in your account. It is your responsibility to provide accurate and complete billing, shipping, and contact information and to notify us of any changes. You are also responsible for applicable sales and use taxes, as well as shipping and handling fees, based on the provided shipping address for your purchase of Products or Subscriptions. All sales and payments will be in US Dollars. By using Accurafil's services, you authorize Accurafil or their designated third-party payment processor to charge your payment method for these taxes and fees. All payments must be made in advance using your payment method before the Products are shipped. Failure to make timely payments or if your payment method declined the charges for any reason may result in the suspension or termination of your account, cancellation of your order and/or Subscription, and termination of these Terms of Service, in addition to Accurafil's other rights under these Terms of Service, applicable law, or equity.
When you purchase a Subscription, you acknowledge that Accurafil will automatically and continuously ship the selected Products to you at the intervals specified in your account settings, as authorized during the Subscription sign-up process. Your payment method will be charged the corresponding fees, shipping and handling costs, and applicable taxes at the time of each Product shipment. AccuraFil may process these recurring charges to your payment method without requiring further authorization until you cancel your Subscription or notify Us of a payment method change.
You have the flexibility to change or cancel your Subscription at any time by logging into your account online or by submitting a request through the Contact Us webpage. Please note that pricing is subject to change as outlined in Section 5(B) above. There is no minimum purchase obligation for Subscriptions or any other Product purchases.
Cancellation of your Subscription will stop future recurring subscription fees or charges, but it will not result in a refund of previously paid fees or charges, except in cases where an order or shipment is processed after the cancellation request has been received or as specified in our Shipping and Refunds Policy (available online at https://www.accurafil.com/pages/shipping-and-refund). If charges are made to your payment method after the cancellation request is received, we will provide a refund for those charges.
To ensure uninterrupted Subscription benefits, if your payment method reaches its expiration date and you do not update your payment method information or cancel your Subscription, you authorize us to continue billing the payment method on file, including extending the expiration date, until you or the payment method company notifies us that the account is no longer valid.
 
7.4. Shipping and Refunds Policy
By utilizing the Site or agreeing to these Terms of Service, you acknowledge and agree to abide by our Shipping and Refunds Policy, which can be accessed online at https://www.accurafil.com/pages/shipping-and-refund. All provisions concerning shipping conditions and refund inquiries are governed by this policy. 
 
7.5. Miscellaneous
When you place an order, it constitutes an offer to purchase the listed Products or Subscriptions under these Terms of Service. We reserve the right to limit the quantity of Products or Subscriptions ordered, refuse service to any customer, or cancel any order, even after it has been submitted, without prior notice. Receiving an order confirmation does not signify our acceptance of your order or confirm our offer to sell.
The actual appearance or color of a Product may vary from what is displayed on the Site due to differences in computer systems and mobile devices. We cannot guarantee the accuracy of the color, texture, or details of the Products as seen on the Site.
We will not be held accountable or considered in breach of these Terms of Service for any failure or delay in our performance that is beyond our reasonable control. Such circumstances may include acts of God, natural disasters, governmental actions, war, terrorism, civil unrest, national emergencies, labor disputes, carrier disruptions, power outages, or other similar factors.
 
  1. Disclaimer of Warranties

Accurafil cannot guarantee that files available for download from the internet or the site will be free of viruses or other destructive code. It is your responsibility to implement suitable procedures and safeguards to ensure virus protection and accuracy of data input and output. Furthermore, you should maintain an external means for reconstructing any lost data. Accurafil will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses, or other harmful materials that may infect your computer equipment, programs, data, or other proprietary material due to your use of the site or downloading of any material from it or any linked website.

AccuraFil does not provide any warranty regarding uninterrupted or error-free access to the site or the correction of defects on the site. It should be noted that Accurafil is not the manufacturer of products sold on the site and has no control over their use or installation. Therefore, the site and all products are provided "as is," with no representations or warranties, whether expressed or implied, including but not limited to merchantability, fitness for a specific purpose, quality of information, quiet enjoyment, and title/non-infringement. Accurafil explicitly disclaims liability for errors, omissions, misuse, or misinterpretation of any information obtained through the site and does not guarantee the accuracy, completeness, or timeliness of such information. The only product warranties, if any, are those provided by third-party manufacturers.

Please note that certain jurisdictions may not allow the exclusion of implied warranties or limitations on consumer rights, so the above exclusions and limitations may not apply to you to the extent prohibited by law.

  1. Limitation of Time to File Claims

Any legal claim or cause of action arising from these Terms of Service, the Products, or the Site must be commenced within a period of one (1) year from the date when the cause of action first arises. If the claim or cause of action is not initiated within this one-year timeframe, it will be permanently barred and cannot be pursued thereafter.

  1. Limitation of Liability Regarding Use of Site

AccuraFil, along with its affiliates, licensors, service providers, employees, agents, officers, and directors, will not be held liable or responsible for the following:

Indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost data, loss of goodwill, or business interruption.

Damages related to personal injury, pain and suffering, or emotional distress.

Direct damages exceeding the total amount paid to AccuraFil within the 30 days preceding the initial claim under these Terms of Service.

These exclusions apply to damages arising from the use of the Site, Products, site-related services, content, information, or any hyperlinked websites, regardless of the legal basis for the damages, including warranty, contract, tort (including negligence), statute, strict liability, or any other legal theory. AccuraFil and other parties involved will not be held liable, even if they were aware of the possibility of such damages. If you are dissatisfied with the Site, site-related services, or hyperlinked websites, your only recourse is to discontinue using them.

Please be aware that certain jurisdictions may not permit the limitation of liability, so some or all of the above limitations may not be applicable to you as prohibited by law.

  1. Dispute Resolution; Binding Arbitration; Governing Law

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND ITS IMPACT ON YOUR RIGHTS.

If you encounter any issues with the Site, we encourage you to reach out to our dedicated Customer Care team via our Contact Us page or by calling 1-800-xxxxxx.

In the event that our support services team is unable to resolve the issues, both you and we agree to make a good faith effort to settle any claim or dispute arising from these Terms of Service through consultation and negotiation. If the parties are unable to reach a resolution within sixty (60) days, all claims, disputes, or controversies, regardless of their nature, will be settled through final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted by a single arbitrator, who will be selected by mutual agreement of the parties or, if they cannot agree, by striking from a list of arbitrators provided by JAMS. The arbitration process must be completed, and the award rendered, within six months of selecting the arbitrator. The arbitration hearing will not exceed five consecutive business days and will be divided equally between the parties. The arbitrator will not have the authority to award punitive damages or attorneys' fees to either party. The arbitrator's decision will be final, binding, and enforceable in any court with jurisdiction.

The procedures outlined in this Section 8 provide the exclusive means for resolving any and all claims, disputes, or controversies between the parties, whether arising from contract, tort, statutory, common law, fraud, intentional tort, property, equitable claims, or otherwise, related to the Site, the Products, these Terms of Use, or the validity, scope, interpretation, or enforceability of this Section 8 or these Terms of Service. Neither party may initiate or pursue any legal proceeding in any court or similar tribunal regarding any dispute falling within the scope of this Section 8. However, either party may seek temporary equitable relief to protect its rights under these Terms of Service, and either party may seek provisional remedies in support of arbitration, from a court with jurisdiction.

These Terms of Service and the rights of the parties will be governed by and construed in accordance with the laws of the State of Virgina, excluding conflict or choice of law rules. The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the maximum extent permitted by law. The parties acknowledge that these Terms of Service involve interstate commerce. Notwithstanding the preceding provision regarding applicable substantive law, any arbitration conducted under these Terms of Service will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). 

YOU AND ACCURAFIL BOTH AGREE TO ENGAGE IN ARBITRATION STRICTLY ON AN INDIVIDUAL BASIS, AND NOT AS REPRESENTATIVES OR MEMBERS OF A CLASS. EACH OF US EXPRESSLY RENOUNCES THE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS-WIDE BASIS. YOU ACKNOWLEDGE THAT ANY ARBITRATION PROCEEDING WILL ONLY ADDRESS YOUR OWN CLAIMS, AND CLAIMS FILED BY OR ON BEHALF OF OTHER INDIVIDUALS WILL NOT BE INCLUDED IN ANY ARBITRATION PROCEEDING CONCERNING YOUR CLAIMS. YOU AND ACCURAFIL FULLY UNDERSTAND AND ACCEPT THAT, DUE TO THIS SECTION 8, NEITHER YOU NOR ACCURAFIL WILL HAVE THE OPPORTUNITY TO BRING A CLAIM TO COURT (EXCEPT AS EXPRESSLY STATED HEREIN), HAVE A JURY TRIAL, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY CLAIM.

Unless otherwise required by law, you, AccuraFil, and the arbitrators are prohibited from disclosing the existence, content, or outcomes of any claim, dispute, or controversy arising from or related to these Terms of Service, the Products, or any arbitration conducted hereunder, without the prior written consent of both parties, except when necessary to protect or pursue a legal right.

Notwithstanding any contrary provisions mentioned above, no party will be prevented from initiating an individual claim solely in a small claims court, provided that the claim falls within the jurisdictional limits of such court. The parties hereby agree to exclusively file such claims in the courts located in Roanoke County, Virginia, within the State of Virginia, and you and AccuraFil hereby irrevocably submit to the exclusive jurisdiction of said courts for any such claims.

This agreement to engage in arbitration can be enforced by the parties to these Terms of Service, as well as their authorized successors and assigns, and will continue to be valid and effective even after the termination or breach of these Terms of Service.

  1. Links to Other Sites

The Site may provide links to third-party websites and resources for your convenience. However, it's important to note that Accurafil does not provide any representations or warranties regarding these external websites, and therefore, AccuraFil cannot be held liable for them. When you choose to access a non-AccuraFil website, you acknowledge that it operates independently and is beyond the control of AccuraFil.

AccuraFil does not endorse or assume responsibility for the content or usage of linked sites. It is your responsibility to ensure that any items you choose to use or download from these sites are free from viruses or other harmful elements. If you decide to visit third-party sites that are linked to this Site, you do so at your own risk and are subject to their respective terms and conditions of use.

  1. Revisions
13.1. General
AccuraFil reserves the right to terminate or restrict your access to the Site, either in whole or in part, at its sole discretion and with or without cause or notice. In the event that any provision of the Terms of Service is deemed unenforceable by a court or tribunal, such provision will be limited or eliminated to the minimum extent necessary while preserving the remaining terms in full effect. Waiving any term or condition by AccuraFil does not waive any other terms or conditions, and the failure to assert a right or provision does not constitute a waiver.
These Terms of Service represent the complete agreement between AccuraFil and you. AccuraFil may, from time to time, revise these Terms of Service at its discretion, and such changes will be reflected in an updated posting. It is advisable to periodically review the current Terms of Service to stay informed of any applicable revisions. By continuing to use the Site or maintaining your Subscription after the posting of revised Terms of Service, you indicate your acceptance and agreement to the modified terms. The modification date of these Terms of Service is indicated at the beginning.
Please note that certain sections of these Terms of Service may be superseded by specific legal notices or terms found on particular pages of the Site. Except as explicitly stated in this paragraph, any amendments or modifications to these Terms of Service require a written agreement signed by an authorized representative of AccuraFil.
 
13.2. Email Subscriptions
We offer you the choice to opt out of receiving our marketing and promotional emails. However, please note that even if you decide to unsubscribe, we may still send you important transactional emails regarding your account, Product or Subscription orders, customer service inquiries, and other critical communications.
 
13.3. Text Messaging
If you provide your mobile telephone number during Subscription registration, you have the option to participate in our SMS text message alert service called the "Text Alert Service." This service is intended to provide you with information regarding your Subscription, such as reminders about upcoming Product deliveries or confirmation of order arrivals. By subscribing to the Text Alert Service, you give us permission to send automated text messages to the mobile number you provided. It's important to note that using or subscribing to the Text Alert Service is not mandatory for purchasing a Subscription or accessing other unrelated Site features. Please note that currently, we do not send any text messages containing marketing or promotional information.
Standard message and data rates may apply. You can unsubscribe from the Text Alert Service at any time by replying STOP to a text message, adjusting your account settings, or contacting us through the provided channels. Please allow a few days for us to process your opt-out request.