TERMS OF SERVICE

Effective October 1, 2018.

Hi. Welcome to Filterjoy.com.

These Terms Of Service (the “Terms”) are a legal agreement between you (“you,” “your,” “customer” or “Subscriber”) and Filterx LLC d/b/a Filterjoy (“we,” “us,” “our” or “Filterjoy”), the owner and operator of the Filterjoy.com website (the “Site”). The Terms states the terms and conditions that govern your use of the Site and your purchase of the products and filter plan subscriptions sold on this Site (collectively, the “Services”). By accessing and using the Site, you are indicating that you agree, without limitation or qualification, to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

Filterjoy may revise these Terms at any time. Your continued usage of the Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations.

By signing up for Products and Subscriptions (as defined below), you represent, acknowledge and agree that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Filterjoy that you will use the Services in a manner consistent with any and all applicable laws and regulations.

1.0 – CHANGES TO THE SITE; PERSONAL INFORMATION; PRIVACY

1.1 – Changes To The Services

Filterjoy may add to, change or remove any part of the Site, including, without limitation, any Content (as set forth below in Section 2.2) therein, at any time without prior notice to you. Your continued usage of the Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations.

1.2 – Personal Information

You agree to provide accurate, current, and complete information as required for the purchase of the Products and Subscriptions (both as defined below in Section 3.1). Filterjoy reserves the right to block further sales to Subscribers who provide false, inaccurate or incomplete data. Subscriber acknowledges that Filterjoy uses a third party payment processing service to process orders and bill charges to your Payment Card (as defined in Section 3.4).

1.3 – Privacy

By using this Site and/or purchasing Products and Subscriptions you consent to the collection, transfer, management, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at www.filterjoy.com/privacy-policy). Irrespective of which country you reside in or supply information from, you authorize Filterjoy to use your information in the United States and any other country where Filterjoy operates as described herein. Please read our Privacy Policy before using the Services or submitting information to us.

Please take notice that Filterjoy (and its third party service providers) automatically collects various types of information about your visits to our Site and registration for Products and Subscriptions. In addition to the personal information provided by you in connection with your Subscription registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices. We and/or our third party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.

The types of information we may collect by such automated means include: Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; Dates and times of visits to our Sites; Information on actions taken on our Site (such as page views and Site navigation patterns); A general geographic location (such as country and city) from which a visitor accesses our Site; Search terms that visitors use to reach our Site and the webpage that led you to the Site.

Filterjoy’s Privacy Policy at www.filterjoy.com/privacy-policy explains how Subscribers’ personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy, which is incorporated herein by this reference as though set forth in full.

2.0 – PASSWORDS; USE OF SITE AND PROHIBITIONS; CHAT SESSIONS

2.1 – Passwords

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or Subscription accounts settings. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Subscriber Support at [email protected] if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

You may utilize the functionality on the Site that allows you to login to this Site by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Facebook (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy at www.filterjoy.com/privacy-policy).

Notwithstanding the foregoing, you agree that your use of any third party website through which you login to this Site using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

2.2 – Use Of Site And Prohibitions

Subject to your compliance with the Terms, Filterjoy hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in the Terms. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of the Terms, your authorization to use the Site and Content automatically terminates without notice to you.

You hereby represent and warrant that you will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Filterjoy or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by the Terms or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

2.3 – Chat Sessions

Filterjoy offers to its Subscribers the ability to enter into an instant messaging session (“Chat Sessions”) with a Filterjoy Subscriber Support Representative (“SSR”). Upon entering into and continuing such Chat Sessions with a SSR, you acknowledge and agree to all terms, conditions, monitoring guidelines and notices contained or referenced herein including Filterjoy’s Terms and Privacy Policy. In order to maintain a high standard of service and provide a safe environment for its SSRs, Filterjoy reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts considered to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or that violate the Terms. If you do not agree to the Terms, including these provisions relating to the Chat Sessions, please do not use the Chat Session service.

Due to account security restrictions, SSRs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your Subscription, please log in to your Subscription account or contact Subscriber Support at [email protected]. SSRs may request your account login user name, e-mail address, or other personally identifiable information in order to ensure the identity and security of the Chat Session. SSRs are NOT to ask you for your password or Payment Card information to confirm your account. If a SSR asks for your password or payment information, please immediately discontinue the Chat Session and contact Subscriber Support at [email protected].

3.0 – TERMS OF SALE

Filterjoy reserves the right, in it’s absolute discretion, to withdraw or modify any Product order, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions, offerings, or promotions advertised for Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

3.1 - Sales Of Products And Subscription To End Users Only

Filterjoy sells residential HVAC air filters and other homeplace products (the “Products”) from the Site to end-user customers (“Subscribers”) who purchase a recurring filter plan to have the Products shipped regularly on a schedule of the Subscriber’s choosing only for their own personal, or non-commercial use (the “Subscription”). You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.

3.2 – Pricing

Pricing for Products can be found on Filterjoy’s then-current pricing page located on the Site at www.filterjoy.com. The price that we will charge you for the Products will be the price as posted on the Site on the date you first register for a Subscription to the Site. We reserve the right to change a Product’s price at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.

3.3 – Discount Offers And Other Promotions

Your Subscription may initiate with a promotional trial offer period. Any promotional trial offer that provides access to a Subscription (a “Trial Offer”) must be used within the specified time of the trial. You will be required to have a valid Payment Card (as defined below in Section 3.4) on file in order to initiate a Trial Offer. You must cancel your Subscription before the end of the Trial Offer period (as set forth below in Section 3.13), in order to avoid being charged for automatic renewal Subscription deliveries. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Subscription delivery, please contact Subscriber Support at [email protected].

Trial Offers are one-time only for new prospective Subscribers and are limited to one per household address. If you cancel or pause your Subscription prior to the shipment date (as set forth below in Section 3.8) of your Trial Offer, or manipulate the Trial Offer in an unfair way to cause a desired outcome, Filterjoy reserves the right, in it’s absolute discretion, to withdraw or modify any Product order, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions, offerings, or promotions advertised for Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

3.4 – Payment Methods

Filterjoy accepts credit and debit card payments only (“Payment Card”). You agree to pay all fees charged to your account based on Filterjoy’s charges and billing terms in effect as shown on the payment page when you first register for a Subscription to the Site. You are also responsible for paying any sales and use taxes that may apply to your purchase of Products based on the address that you provide as the shipping address when you register for a Subscription, and you authorize Filterjoy or the third party payment processing service provider that we engage to charge your Payment Card for any such taxes. All payments shall be made in advance prior to shipping the Products. If you do not pay on time or if your Payment Card cannot be charged for any reason, Filterjoy reserves the right to either pause Product delivery or cancel your Subscription account and terminate these Terms. All sales and payments will be in U.S. Dollars.

For your convenience and continuous Subscription, if your Payment Card extends its expiration date and you do not update your Payment Card information or cancel your Subscription, you authorize Filterjoy to continue billing your Payment Card on file until you or the Payment Card company notifies us that the Payment Card is no longer valid.

Filterjoy and Filterjoy’s third party payment service provider may receive updated Payment Card information from your Payment Card issuer. The disbursement of the updated Payment Card information is provided to Filterjoy and Filterjoy’s third party payment service provider at the election of your Payment Card issuer. Neither Filterjoy nor Filterjoy’s third party payment service provider are responsible for the distribution of your Payment Card information. It is at the sole election of your Payment Card issuer. Your Payment Card issuer may give you the right to opt out of the update service. It is your responsibility to contact your Payment Card issuer with regards to your right to opt out of the update service.

3.5 – Recurring Subscription; Automatic Renewal

You acknowledge and agree that your Subscription automatically renews unless you cancel it or we suspend or terminate it in accordance with these Terms.

Filterjoy will automatically renew your Subscription and charge your Payment Card depending on the Subscription and/or Product frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Subscription during the Subscriber sign-up process. Your Payment Card will be charged at least one full business day prior to your next Product shipping date. We will charge your Payment Card with the applicable cost for your Products, along with any sales or similar taxes that may be charged with your Subscription.

To avoid being charged, you must cancel your Subscription in accordance with Section 3.13. We will continue to bill your Payment Card on a recurring basis (depending on the Subscription and Product shipping frequency selected) until you cancel.

3.6 – Combining Product And Subscription Deliveries; GoGreen Delivery Option

Your Subscription will be based on the Product quantity, size, replacement frequency, and filtration specification chosen by you and, as authorized by you by agreeing to your Subscription during the Subscriber sign-up process.

To support sustainably minded delivery initiatives, we may, with your authorization, combine your Product deliveries and adjust your delivery intervals to match your selected Product replacement frequency (collectively, “GoGreen Delivery”).

Filterjoy will charge your Payment Card with the applicable combined delivery Subscription amount and sales taxes that may be applicable on your GoGreen Delivery Subscription total.

You may turn-on or turn-off the GoGreen Delivery option at any time by logging into your Subscription account settings within www.Filterjoy.com. To access the GoGreen Delivery option, go to “Sign In” on the Site, then click “Edit” to turn-on or turn-off “GoGreen Delivery” and follow the instructions. If you have any problems opting out of the GoGreen Delivery, please contact Subscriber Support at [email protected] or by calling 1-615-863-2144, Weekdays, 7:00 a.m. to 7:00 p.m. CST (Closed holidays).

3.7 – Current Information Required

You must provide current, complete and accurate information for your Subscription account. You must promptly update all information to keep your Subscription account settings current, complete and accurate (such as a change in billing address, e-mail address, Payment Card number, or Payment Card expiration date), and you must promptly notify us or our payment processor if your Payment Card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at www.filterjoy.com. If you fail to provide any of the foregoing information, you agree that we may continue charging you for your Subscription to the Site under your Subscription account settings unless you have canceled your Subscription (as set forth below in section 3.13).

3.8 – Shipping And Product Acceptance

The shipment date will be determined according to the initial carrier origin scan date (“Shipment Date”). This scan is the initial electronic record indicating the carrier has possession of the shipment. Most shipments are sent U.S. Postal Service Priority Mail™, U.S. Postal Service Parcel Select Ground™ or FedEx by the consolidated delivery services of FedEx SmartPost®, relying on the U.S. Postal Service to provide final delivery. Shipping delivery dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Subscriber upon the initial carrier origin scan date.

3.9 – Risk Of Loss And Title

All Products purchased from Filterjoy are made pursuant to a shipment contract. This means that the risk of loss and title for such Products pass to you upon the initial carrier origin scan date. This scan is the initial electronic record indicating the carrier has possession of the shipment.

3.10 – JOY360™ Guarantee

We work hard to make every Product we offer and every order we fulfill perfect. If you are dissatisfied with your first Product delivery for any reason, within thirty (30) days after the Shipment Date, Filterjoy will offer a Product replacement or full refund. Promptly following Filterjoy’s receipt of your request (typically within five (5) business days), Filterjoy will replace the Product, or refund the amount paid for the Product to the Payment Card you used to make the original purchase.

Notwithstanding the forgoing, Filterjoy does not control when a specific Payment Card company processes a chargeback transaction. You are responsible for contacting your Payment Card company if you have questions about the status of the chargeback. Filterjoy offers a full refund on your first Product delivery only. Refund requests must be made directly to Subscriber Support at [email protected].

3.11 – Product Replacements

If you have problems with your Product delivery, within thirty (30) days after the Shipment Date, Filterjoy may elect to offer a partial or complete Product replacement. All Product replacement requests must be made directly to Subscriber Services at [email protected].

3.12 – Undeliverable Returns

You must provide current, complete and accurate information for your Subscription account. Product deliveries returned to Filterjoy due to: (a) Incomplete or incorrect address; (b) Addressee no longer at address; (c) Delivery refused by addressee at time of delivery; (d) Product refused after delivery; or (e) Delivery unclaimed, are subject to carrier return shipping charges and fees. Undeliverable return shipping charges and fees may be charged to your Payment Card on file for the undeliverable monthly interval. Filterjoy will not replace or refund for Products that are undeliverable and is not liable for undeliverable Products damaged or lost in return transit to Filterjoy, or disposed of by carrier. Products returned to Filterjoy without prior authorization may be refused upon delivery. All return requests must be made directly to Subscriber Support at [email protected].

Filterjoy will not provide a Product replacement or refund for a return request that is received by Filterjoy more than thirty (30) days after the Shipment Date. In addition, Filterjoy will not provide a Product replacement or refund for Products that are undeliverable, or damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use after Product delivery.

3.13 – Subscription Pause And Cancellation Policy

Filterjoy requires a reasonable amount of time to process your Subscription pause or cancellation request. All Subscription pause or cancellation requests must be received five (5) calendar days prior to your next scheduled Product shipment. We will not provide a refund for cancellation requests received after five (5) calendar days prior to your next scheduled Product shipment.

Pause or cancellation requests received after five (5) calendar days prior to the next scheduled Product shipment will take effect the following shipment interval. You may pause or cancel your Subscription at any time by logging in to your Subscription account settings within www.filterjoy.com. To pause or cancel your Subscription, go to “Sign In” on the Site, then select “Pause” or “Cancel” and follow the instructions. If you have any problems pausing or canceling your Subscription, please contact Subscriber Support at [email protected] or by calling 1-615-863-2144, Weekdays, 7:00 a.m. to 7:00 p.m. CST (Closed holidays).

If you pause or cancel your Subscription, you will enjoy your Subscription benefits until the end of the then-current Subscription term, and your Subscription benefits will expire at the end of the then-current Subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the Subscription charges paid for any unused days of the then-current Subscription term. All automatic Subscription renewal charges are fully earned upon payment.

4.0 – PROPRIETARY RIGHTS

4.1 – Ownership Of The Site

You hereby acknowledge and agree that Filterjoy or its licensors own all legal right, title and interest in and to the Service and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.

Filterjoy is a trademark of Filterx LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in the Terms, all information and screens appearing on the Site, including Content, Site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Filterjoy, Copyright © 2017-2018 Filterjoy. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

4.2 – Reviews, Comments, Communications, And Other Content

Visitors may post reviews, comments, photos, videos, content, and other communications; and submit suggestions, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages, or use a false e-mail address, impersonate any person or entity. Filterjoy reserves the right, but not the obligation, to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant Filterjoy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Filterjoy and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Filterjoy for all claims resulting from content you supply. Filterjoy has the right, but not the obligation, to monitor and edit or remove any activity or content. Filterjoy takes no responsibility and assumes no liability for any content posted by you or any third party.

4.3 – Unsolicited Ideas

Filterjoy and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Filterjoy or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Filterjoy’s products, services or marketing strategies might seem similar to ideas submitted to Filterjoy. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.

You agree that:

(a) Any Submission, including its complete contents, by you to Filterjoy will automatically become the property of Filterjoy, without any compensation to you; (b) Filterjoy may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you; (c) Filterjoy has no obligation to review any Submission; and (d) Filterjoy has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions, by Filterjoy.

5.0 – THIRD PARTY SITES; INDEMNIFICATION

5.1 – Third Party Web Sites

The Site may provide links to third party sites that are not owned or controlled by Filterjoy, including, without limitation, Facebook (“Third Party Sites”). We provide such links solely as a convenience to you. Filterjoy does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from the Terms or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

5.2 – Indemnification

You hereby agree to defend, release, indemnify and hold harmless each of the Filterjoy Parties (as set forth in Section 6.0) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of the Terms, or otherwise arising from your use or misuse of the Site, Content, Products, or Subscriptions.

5.3 – Modification Or Suspension Of Filterjoy Services

You agree that Filterjoy may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

6.0 – DISCLAIMER OF WARRANTIES

The Site, Content, Products and Subscriptions are furnished to you “as is” and without warranties, representations or conditions, statutory or otherwise, of any kind. Filterjoy, on behalf of itself and its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “Filterjoy Parties” or individually as “Filterjoy Party”): (a) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b) does not represent or warrant that the Site, Content, Products or Subscriptions will meet your requirements, or that the operation of the Site or Content will be timely, uninterrupted, stable, or secure; (c) does not represent or warrant that the Site, Content, Products or Subscriptions will be error-free or that any defects will be corrected; and (d) does not make any representations, warranties, or conditions regarding the use of the Site, Content or Products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the Site, Content, Products or Subscriptions is entirely at your own discretion and risk and you assume total responsibility for your use of the Site, Content, Products and Subscriptions.

This limitation of remedies is a part of the Terms between you and Filterjoy. No oral or written information or advice given by Filterjoy or any person on behalf of Filterjoy shall create a warranty or condition, or in any way change this exclusion of warranty.

Nothing in this Section 6 shall exclude or limit the Filterjoy Parties’ warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.

7.0 – LIMITATION OF LIABILITY

In no event shall any a Filterjoy Party be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the Products or loss of use of the Products, whether based on breach of any express or implied warranty or condition, breach of contract or tort, including, without limitation, negligence or strict liability, even if a Filterjoy Party has been advised of the possibility of such damages.

If, notwithstanding the foregoing, a Filterjoy Party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the Site, Content, Products or Subscriptions, to the fullest extent permissible by law the relevant Filterjoy’s Party’s total cumulative liability shall not exceed the greater of: (a) the amount you paid Filterjoy for the Products or Subscriptions, as applicable; and (b) the sum of one hundred U.S. dollars (U.S. $100.00).

Nothing in this Section 7 shall exclude or limit any Filterjoy Party’s liability for losses, which may not be lawfully excluded or limited by applicable law, in which case, such Filterjoy Party’s liability will be limited to the greatest extent permitted by applicable law.

8.0 – DISPUTES

8.1 - Informal Resolution

Most Subscriber concerns can be resolved quickly and to a Subscriber’s satisfaction by writing to Subscriber Support at [email protected], or by mail at Filterjoy, Attn: Subscriber Support, PO Box 1995, Goodlettsville, TN 37070. In the unlikely event that our Subscriber Support team is unable to resolve a complaint you may have to your satisfaction, the terms of Section 8.2 and 8.3 will govern dispute resolution between us.

8.2 – Mandatory Agreement To Arbitrate On Individual Basis; Class Action Waiver

Please read this section carefully. It is part of your Terms with Filterjoy and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Any dispute or claim relating in any way to your use of the Site, or to any Products or Subscriptions sold by Filterjoy or through Filterjoy.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to the Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the conditions of these Terms as a court would.

The American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, will conduct the arbitration. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

8.3 – Small Claims Court

Notwithstanding the foregoing, either you or Filterjoy may bring an individual action in small claims court if your claims qualify.

8.4 – Courts

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, or an individual action in small claims court if your claims qualify, the parties hereby agree to submit to the jurisdiction of the courts located in Sumner County, Tennessee for such purpose, in accordance with Tennessee law.

8.5 – Choice of Law

By using the Site, Content, Products and Subscriptions, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Tennessee, without regard to principles of conflicts of laws, will govern the Terms and any dispute of any sort that might arise between you and Filterjoy. Foreign laws do not apply. If any provision of the Terms is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

9.0 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS

9.1 – Electronic Communications

When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9.2 – General Terms

Filterjoy may issue a warning, temporarily suspend, indefinitely suspend or terminate any Subscriber’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Filterjoy’s sole discretion, including without limitation, breach of the Terms and/or violation of the Terms, Filterjoy’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Filterjoy or another user of the Site.

The Terms and the Privacy Policy constitute the entire agreement between you and Filterjoy regarding its subject matter. Filterjoy will not be responsible for failures to fulfill any of its obligations due to causes beyond its control.

The failure of Filterjoy to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of the Terms, and the other parts will remain in full force and effect.

The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that the Terms and all related documents that may be drawn up are only valid in the English language. The Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Filterjoy Party shall be a third party beneficiary hereunder. Filterjoy may assign or transfer its rights, or delegate any performance, under the Terms to a third party in its sole discretion. Subscriber may not assign or otherwise transfer its rights, or delegate its performance, under the Terms to any third party without in each and every case Filterjoy’s express prior written consent.

All terms which by their nature are intended to survive any termination of the Terms, or any termination of your use of the Site, Content, Products or Subscriptions shall survive such termination.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

10.0 – CONTACT INFORMATION

10.1 – How To Contact Us

Filterjoy
Attn: Subscriber Support
PO Box 1995
Goodlettsville, TN 37070-1995 USA

E-mail:
Subscriber Support at [email protected]

Phone:
1-615-863-2144, Weekdays, 7:00 a.m. to 7:00 p.m. CST (Closed holidays).