Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

 

Using or accessing the OnTimeAirFilters.com website (the "Site") constitutes acceptance of this agreement and creates a binding legal contract.

 

Legal Agreement

This OnTimeAirFilters.com Terms of Use and User Agreement ("Agreement") applies to and is a binding, legal contract between each user of the Site (as appropriate, "you") and the owner of the Site ("OTAF").

"Member" means a registered user of the Site who has confirmed and submitted his or her order for replacement air filters. Members cannot be under the age of 13. By entering into this Agreement, you represent and warrant that you, the prospective Member, are at least 18 years old.

"Visitor" means a user of the Site who is not a registered Member (i.e., someone who is browsing the Site). Visitors also agree to be bound by this Agreement. If you are a Visitor and do not agree with this Agreement, you should leave the Site immediately.

"Users" means all Visitors and Members; and "User" means a Visitor or Member.

Each User agrees that you have the right, authority and capacity to agree to and abide by this Agreement, and you also represent and warrant that you will use the Site in a manner consistent with all laws and regulations.

 

Personal Information and Privacy Policy

"Personal Information" means (i) information about a User provided to OTAF by a prospective Member as part of signing up for service; and/or (ii) personal information you place, post, or make on the Site about yourself. "Personal Information" includes all information about a person, including but not limited to name, email address, telephone number, physical address, credit card information.

"Privacy Policy" means the OTAF Privacy Policy available at Privacy Policy. This Agreement includes the Privacy Policy, which is incorporated into this Agreement.

Each User agrees to be bound by the Privacy Policy as a provision of this Agreement.

The Privacy Policy has important provisions about OTAF's right to disclose and sell your Personal Information to third parties. Please read the Privacy Policy carefully.

 

Site IP and Ownership

"Site IP" means any trademark, work of authorship or other form of expression and any other matter subject to intellectual property laws or regulations (including but not limited to HTML code, text, graphics, photographs, images, scripts, sounds, music, videos, interactive features, audio clips, digital downloads, logos, button icons, software and compilations of one or more of them) that are on the Site and that were not placed/uploaded to the Site by a User.

User agrees that, as between a User and OTAF, all Site IP is the exclusive, worldwide property of OTAF. OTAF reserves all rights with respect to Site IP, and User agrees to not copy, display, transmit, sell, publicly perform, publish, distribute, use or make derivative works of Site IP for any purpose. Unauthorized use of the Content may violate copyright, trademark, and other laws.

User will not at any time take any action or make any omission that challenges, diminishes, or threatens OTAF's exclusive, worldwide rights in and ownership of the Site IP. User acquires no right, title, or interest in or to the Site IP by virtue of this Agreement or otherwise.

 

Our Sales Tax Policy

OTAF charges sales tax to orders received from within the State of Maryland [and New York] unless you are tax exempt. If you are tax exempt, please contact us to send us your tax exemption certificate.

 

Performance of the Site

Technical, maintenance and other issues may make the Site unavailable or inoperative from time to time. OTAF makes no commitment, warranty or guarantee that the Site will (i) operate in a timely, uninterrupted or error-free manner, or (ii) meet a User's particular purposes. OTAF may also, in its sole discretion, modify the features, availability, operation and/or look and feel of the Site from time to time without notice to User.

Because computers and other equipment are subject to occasional malfunction, User agrees that User will not hold OTAF responsible for any inadvertent damage to, corruption of or destruction of Content.

Because user authentication on the Internet is difficult, OTAF cannot and does not confirm that each User is who he or she claims to be. OTAF is not and will not be involved in User-to-User dealings or control the behavior of Users. If you have a dispute with a User, you release OTAF (and OTAF’s officers, employees, agents and successors) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Changes are periodically made to the Site and may be made at any time, and the Site may contain typographical errors and inaccuracies. User acknowledges and agrees that User is solely responsible for User's reliance on information or content on the Site.

OTAF does not and cannot guarantee and does not and cannot promise any results from use of the Site. No advice or information, whether oral or written, obtained by a User from OTAF or through or from the Site shall create any warranty not expressly stated herein.

 

Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by OTAF. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without OTAF's prior written consent is prohibited.

 

Email and Unsolicited Ideas

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future OTAF programs. Also, please remember that you are responsible for whatever material you submit and that you, not OTAF, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of OTAF .

 

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of OTAF . The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

 

Indemnification

You agree to defend, indemnify and hold harmless OTAF and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.

 

OTAF's Disclaimers of Warranties and Limitations on OTAF's Liability

OTAF DOES NOT WARRANT THAT ANY THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OTAF IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SERVICES PROVIDED BY OTAF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OTAF, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. OTAF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR OTAF'S SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL OTAF (INCLUDING ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, SHAREHOLDERS, OR AGENTS), ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OTAF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by OTAF of the content on such third-party websites. OTAF is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.

If User is a California resident, User waives California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

 

Term of this Agreement

This Agreement will remain in full force and effect while you are a User of the Site. OTAF reserves the right, at its sole discretion, to terminate a Member's registration with or a User's ability to access the Site upon any breach of this Agreement or if OTAF is unable to verify or authenticate any information a User submits to the Site. Even after you are no longer a User, certain provisions of this Agreement will remain in effect.

 

Amendments and Updates to this Agreement

OTAF may, in its sole discretion, change the terms in this Agreement from time to time. When the terms are changed, OTAF may (but is not obligated to) notify Members of the change(s) and make a posting on the Site regarding the change(s). Each User agrees to review this Agreement from time to time. If a User uses the Site after OTAF has posted a revised or updated version of this Agreement on the Site, User agrees to be bound by all of the changes and hereby accepts any and all such revised versions of this Agreement.

 

Digital Millennium Copyright Act

If you are a copyright owner or an agent of a copyright owner and believe that any Content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing OTAF's Copyright Agent with the following information in writing (please consult your counsel and see 17 U.S.C 512(c)(3) for further detail):

 

 • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

 • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

 • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

 

 • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

 

 • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

 • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

OTAF's designated Copyright Agent to receive notifications of claimed infringement is and such written notice should be sent to OTAF's designated Copyright Agent as follows:

Copyright Agent
DMCA Complaints
Mark Leffers
On Time at Home, LLC
4733 Elm Street
3rd Floor
Bethesda, MD 20814
Phone: 800-247-0566
Fax: 800-247-0566
Email: DMCA@ontimeairfilters.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to OTAF’s customer service staff.

You acknowledge that if you fail to comply with all of the requirements of this section of the Agreement, your DMCA notice may not be valid.

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, (i) please consult your counsel and see 17 U.S.C 512; and (ii) you may send a counter notice containing the following information to OTAF's Copyright Agent:

 

• Your physical or electronic signature;

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Bethesda, Maryland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notice is received by OTAF's Copyright Agent, OTAF may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the purported copyright owner files an action seeking a court order against the Member who uploaded the objectionable Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at OTAF's sole discretion.

 

Miscellaneous

This Agreement cannot be amended except as specifically set forth in the Amendments section above.

This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by User, but they may be assigned by OTAF without restriction.

No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

This Agreement constitutes the entire agreement between User and OTAF concerning the subject matter of this Agreement, and it supersedes and replaces any and all prior negotiations, communications, or proposed agreements, written or oral.

By using the Site and/or completing the registration process and becoming a Member, User confirms that User has the full power and authority to enter into and perform this Agreement. User also agrees that this Agreement is a legal, valid, and binding contract, and that its terms and conditions can be enforced by OTAF.

OTAF encourages you to print and keep a copy for your reference and to seek the advice of counsel regarding this Agreement.

Every provision of this Agreement is intended to be severable. If any portion of this Agreement is found to be invalid or unenforceable, then such portion will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of the State of Maryland without regard to its "choice of law" provisions.

The User and OTAF agree that any dispute involving this Agreement that cannot be settled by good-faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Bethesda, Maryland. The arbitration shall be conducted by a single arbitrator with significant experience in the area of copyright law and other significant subject matter of the dispute. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.

If anything happens that is beyond reasonable control of either party (including wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. OTAF shall not be responsible or liable for any delay caused by the occurrence of such event.

The Site may contain links to third-party websites that are not owned or controlled by OTAF. OTAF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites. OTAF cannot edit the content of third-party websites. Accordingly, OTAF encourages User to be aware when User leaves the Site and to read the terms and conditions and privacy policy of each third-party website that User visits.

Neither this Agreement nor a User's participation on and contributions to the Site, including the placement of Content on the Site, creates an agency, employee, legal representative, partner, fiduciary, special, or joint venture relationship between User and OTAF.

This Agreement inures to the benefit of and applies to the User's and OTAF's successors, assigns, heirs, divisions, subsidiaries, and employees.

 

Also see Subscription Terms and Conditions.


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