Effective July 1, 2016
Welcome to Hellofilters.com.
These terms and conditions of service (the “Terms Of Service”) are a legal agreement between you (“you”, “your”, or “Member”) and Hellofilters, Inc. (“we” or “Hellofilters”), the owner and operator of the Hellofilters.com website (the “Site”). The Terms Of Service states the terms and conditions that govern your use of the Site and your purchase of the products and memberships sold on this Site (collectively, the “Services”). By accessing and using the Site, you are indicating that you accept, and agree to comply with, the Terms Of Service. If you do not accept the Terms Of Service, you are not permitted to, and you must not, access or use the Site or purchase products from, or memberships to, the Site.
By signing up for Products and Memberships (as set forth below in Section 3.1), you represent, acknowledge and agree that you are at least 18 years of age. Hellofilters sells Products and Memberships to adults, who can purchase with a credit card. If you are under 18, you may use Hellofilters only with the involvement of a parent or legal guardian.
1.1 – Changes To The Site
Hellofilters 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.
1.2 – Personal Information
You agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships. Hellofilters reserves the right to block further sales to Members who provide false, inaccurate or incomplete data. Member acknowledges that Hellofilters uses a third party payment processing service to process orders and bill fees to your credit card.
1.3 – Privacy
Please take notice that Hellofilters (and its third party service providers) automatically collects various types of information about your visits to our Site and registration for Products and Memberships. In addition to the personal information provided by you in connection with your Membership 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.
2.1 – Passwords
2.2 – Use Of Site And Prohibitions
Subject to your compliance with the Terms Of Service, Hellofilters 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 Of Service. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of the Terms Of Service, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and 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 Hellofilters 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 Of Service 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
Due to account security restrictions, MSAs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your Membership, please log in to your Membership account or contact Member Services at [email protected]. MSAs may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the Chat Session. MSAs are NOT to ask you for your password or credit card or debit card information to confirm your account. If a MSA asks for your password or payment information, please immediately discontinue the Chat Session and contact Member Services at [email protected].
3.1 - Sales Of Products And Membership To End Users Only
Hellofilters sells amazing residential HVAC air filters and other home supplies (the “Product(s)”) from the Site to end-user Members who purchase monthly membership plans to receive the Products (“Membership(s)”) only for their own personal, or non-commercial use. You may NOT purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Hellofilters Membership and all rights and privileges conferred are personal and non-transferable.
3.2 – Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on Hellofilters’ then-current pricing page located on the Site at www.hellofilters.com. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first register for a Membership to the Site. Hellofilters reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 – Discount Offers And Other Promotions
Your Membership may initiate with a discounted trial offer. Any discounted trial offer or other promotion that provides access to a Membership (a “Trial Offer”) must be used within the specified time of the trial. You will be required to have a valid payment method on file in order to initiate a Trial Offer. You must cancel your Membership before the end of the Trial Offer period in order to avoid being charged for automatic renewal Membership fees. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Membership fee, please contact Member Services at [email protected]. Trial Offers are one-time only for new prospective Members and are limited to one per household address. If you cancel or pause your Membership prior to shipment of your Trial Offer, Hellofilters reserves the right to cancel Product delivery and cancel your Membership account and terminate these Terms Of Service. Additional terms and limitations may apply and will be more fully explained at the time you register for the Trial Offer. Any such additional terms and limitations are deemed part of the Terms Of Service.
3.4 – Payment Methods
Hellofilters accepts credit card payments only. You agree to pay all fees charged to your account based on Hellofilters’ fees, charges, and billing terms in effect as shown on the payment page when you first register for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize Hellofilters or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Hellofilters reserves the right to either pause Product delivery or cancel your Membership account and terminate these Terms Of Service. All sales and payments will be in U.S. Dollars.
For your convenience and continuous Membership, if your credit card extends its expiration date and you do not update your credit card information or cancel your Membership, you authorize Hellofilters to continue billing your credit card on file until you or the credit card company notifies us that the credit card is no longer valid. Hellofilters and Hellofilters’ third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Hellofilters and Hellofilters’ third party payment service provider at the election of your credit card issuer. Neither Hellofilters nor Hellofilters’ third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
3.5 – Automatic Monthly Membership Renewals
Automatic Membership renewal fees will be automatically charged to your credit card on file for the monthly interval shown in your Membership account settings.
Hellofilters will automatically renew your Membership on each monthly
anniversary date of the Membership and, as authorized by you by clicking the frequency
preference frame demonstrating your consent for automatic renewal during the Membership
registration process, we will charge your credit card with the applicable Membership fee
and any shipping and handling costs and sales or similar taxes that may be imposed on
your Membership fee payments.
For your convenience and continuous Membership, if your credit card extends
its expiration date and you do not update your credit card information or cancel your
Membership, you authorize Hellofilters to continue billing your credit card on file
until you or the credit card company notifies us that the credit card is no longer
3.6 – Current Information Required
You must provide current, complete and accurate information for your Membership account. You must promptly update all information to keep your Membership account settings current, complete and accurate (such as a change in billing address, email address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method 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.hellofilters.com. If you fail to provide any of the foregoing information, you agree that we may continue charging you for your Membership to the Site under your Membership account settings unless you have canceled your Membership (as set forth below in section 3.12).
3.7 – 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 FedEx, or 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 Member upon the initial carrier origin scan date.
3.8 – Risk Of Loss And Title
All Products purchased from Hellofilters 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.
3.9 – Hello360™ 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 Shipping Date, Hellofilters will offer a Product replacement or full refund. Promptly following Hellofilters’ receipt of your request (typically within five (5) business days), Hellofilters will replace the Product, or refund the amount paid for the Product to the credit card you used to make the original purchase. Notwithstanding the forgoing, Hellofilters does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback. Hellofilters offers a full refund on your first Product delivery only. Refund requests must be made directly to Member Services at [email protected] or by calling 1-615-559-4100, Weekdays, 8:00 a.m. to 5:00 p.m. CST.
3.10 – Product Replacements
If you have problems with your Product delivery, within thirty (30) days after the Shipping Date, Hellofilters may elect to offer a partial or complete Product replacement. All Product replacement requests must be made directly to Member Services at [email protected], or by calling 1-615-559-4100, Weekdays, 8:00 a.m. to 5:00 p.m. CST.
3.11 – Undeliverable Returns
You must provide current, complete and accurate information for your
Membership account. Product deliveries returned to Hellofilters due to: (i) Incomplete
or incorrect address; (ii) Addressee no longer at address; (iii) Delivery refused by
addressee at time of delivery; (iv) Product refused after delivery; or (v) Delivery
unclaimed, are subject to carrier return shipping charges and fees. Undeliverable return
shipping charges and fees may be charged to your credit card on file for the
undeliverable monthly interval. Hellofilters will not replace or refund for Products
that are undeliverable and is not liable for undeliverable Products damaged or lost in
return transit to Hellofilters, or disposed of by carrier. Products returned to
Hellofilters without prior authorization may be refused upon delivery. All return
requests must be made directly to Member Services at [email protected].
Hellofilters will not provide a Product replacement or refund for a return request that is received by Hellofilters more than thirty (30) days after the Shipment Date. In addition, Hellofilters 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.
3.12 – Membership Pause And Cancellation Policy
Hellofilters requires a reasonable amount of time to process your Membership pause or cancellation request. All Membership pause or cancellation requests must be received ten (10) calendar days prior to your next scheduled Product shipment. Pause or cancellation requests received after ten (10) calendar days prior to the next scheduled Product shipment will take effect the following shipment interval. You may pause or cancel your Membership at any time by logging in to your Membership account settings within www.hellofilters.com. To pause or cancel your Membership, go to “Sign In” on the Site and select “Edit Plan”, then select “Pause” or “Unsubscribe”, and follow the instructions. If you have any problems pausing or canceling your Membership, please contact Member Services at [email protected] or by calling 1-615-559-4100, Weekdays, 8:00 a.m. to 5:00 p.m. CST.
If you pause or cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term. All automatic Membership renewal fees are fully earned upon payment.
4.1 – Ownership Of The Site
You hereby acknowledge and agree that Hellofilters, Inc. owns all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered.
Hellofilters, Hellofilters.com, Hello360, The Better Basic, and the “Filter House” logo are trademarks of Hellofilters, Inc. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in the Terms Of Service, all information and screens appearing on this Site, including Content, Site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Hellofilters, Inc., Copyright © 2015-2016 Hellofilters, Inc., and is protected by United States and international copyright and trademark laws. 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. Hellofilters 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 Hellofilters 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 Hellofilters 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 Hellofilters for all claims resulting from content you supply. Hellofilters has the right but not the obligation to monitor and edit or remove any activity or content. Hellofilters takes no responsibility and assumes no liability for any content posted by you or any third party.
4.3 – Unsolicited Ideas
Hellofilters 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 Hellofilters or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Hellofilters’ products, services or marketing strategies might seem similar to ideas submitted to Hellofilters. 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: (i) Any Submission (including its complete contents) by you to Hellofilters will automatically become the property of Hellofilters, without any compensation to you; (ii) Hellofilters may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you; (iii) Hellofilters has no obligation to review any Submission; and (iv) Hellofilters 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, Hellofilters.
5.1 – Third Party Web Sites
5.2 – Indemnification
You hereby agree to defend, release, indemnify and hold harmless each of the Hellofilters 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 Of Service, or otherwise arising from your use or misuse of the Site, Content, Products, or Memberships.
The Site, Content, Products and Memberships are furnished to you “as is” and without warranties, representations or conditions, statutory or otherwise, of any kind. Hellofilters, 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 “Hellofilters Parties”): (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 Memberships 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 Memberships 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 Memberships is entirely at your own discretion and risk and you assume total responsibility for your use of the Site, Content, Products and Memberships.
This limitation of remedies is a part of the agreement between you and Hellofilters. No oral or written information or advice given by Hellofilters or any person on behalf of Hellofilters 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 Hellofilters 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.
In no event shall any Hellofilters 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 Hellofilters party has been advised of the possibility of such damages.
If, notwithstanding the foregoing, a Hellofilters 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 Memberships, to the fullest extent permissible by law the relevant Hellofilters party’s total cumulative liability shall not exceed the greater of: (a) the amount you paid Hellofilters for the Products or Memberships, 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 Hellofilters party’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, such Hellofilters party’s liability will be limited to the greatest extent permitted by applicable law.
8.1 - Informal Resolution
Most Member concerns can be resolved quickly and to a Member’s satisfaction by writing to Member Services at [email protected], or by mail at Hellofilters.com, Attn: Member Services, 1055 Ridgecrest Drive, Goodlettsville, TN 37072-3621. In the unlikely event that our Member Services 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 – Arbitration Agreement; Class Waiver; Waiver Of Trial By Jury
Please read this section carefully. It is part of your agreement with Hellofilters 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 Memberships sold by Hellofilters or through Hellofilters.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 Of Service.
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 or by calling 1-800-778-7879. 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 Hellofilters 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 Memberships, 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 this Agreement and any dispute of any sort that might arise between you and Hellofilters. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
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
Hellofilters may issue a warning, temporarily suspend, indefinitely suspend or terminate any Member’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Hellofilters’ sole discretion, including without limitation breach of the Terms Of Service and/or violation of the Terms Of Service, Hellofilters’ 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 Hellofilters or another user of the Site.
The failure of Hellofilters to exercise or enforce any right or provision of the Terms Of Service shall not constitute a waiver of such right or provision. If any part of the Terms Of Service 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 Of Service, 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 Of Service and all related documents that may be drawn up are only valid in the English language. The Terms Of Service shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Hellofilters Party shall be a third party beneficiary hereunder. Hellofilters may assign or transfer its rights, or delegate any performance, under the Terms Of Service to a third party in its sole discretion. Member may not assign or otherwise transfer its rights, or delegate its performance, under the Terms Of Service to any third party without in each and every case Hellofilters’ express prior written consent.
All terms which by their nature are intended to survive any termination of the Terms Of Service, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination.
The section titles in the Terms Of Service are for convenience only and have no legal or contractual effect.