Terms Of Service
FiltAirScarf and Bandana collection
The terms and conditions outlined below govern both access to the use of the FiltAirScarf website and any other digital entities associated with FiltAirScarf. FiltAirScarf, patents, trademarks, and copyrights are the property of FiltAirScarf.
The details below constitute a legal agreement between you (herein noted as “you”, “user”, or “your”) and FiltAirScarf.
IMPORTANT: THE TERMS AND CONDITIONS OUTLINED HERE DEEM THE BINDING ARBITRATION OF DISPUTES TO BE NECESSARY, WAIVING CERTAIN RIGHTS TO CLASS ACTIONS AND/OR CLASS ACTIONS AS SET OUT IN THE “AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW” PROVISION. PLEASE BE SURE TO FAMILIARIZE YOURSELF WITH THESE TERMS BEFORE YOU CONTINUE TO USE THE FILTAIRSCARF WEBSITE.
To use the FiltAirScarf you agree to the legally binding terms and conditions outlined below.
FiltAirScarf allows access to, and use of, the FiltAirScarf website and we offer detailed information about our products and other offerings. This access and use of the FiltAirScarf website is conditional on your acceptance and agreement of the terms and conditions outlined herein.
Should you not agree with this agreement for any reason, you do not have permission to access or use the FiltAirScarf or complete any purchases of FiltAirScarf products.
Through using, downloading, or accessing the FiltAirScarf website, you are stating that you meet the minimum legal age required to enter an enforceable legal contract in the jurisdiction you are accessing the FiltAirScarf from.
At FiltAirScarf, we reserve the right to update these terms and conditions at any point by publishing a new draft of our updated terms and conditions online. We advise that you periodically review the terms and conditions found on our website to ensure you are always up-to-date.
In order to access and utilize certain parts of the FiltAirScarf website, the submission, collection, use, and/or dissemination of different identifiable information may be necessary. In accordance with these requirements, you accept and agree that how you use the FiltAirScarf website constitutes acknowledgment and acceptance of our FiltAirScarf privacy policy.
FiltAirScarf and all related logos, names, symbols, and icons representing FiltAirScarf and our products and other offerings, including any and all page headers, designs, icons, logos, and/or trade dress are proprietary patents trademarks or copyrights of FiltAirScarf and are fully protected against imitation, dilution, reproductions or misleading or incorrect use by both national and international patent, trademark and copyright laws and regulations
Using any of these marks without express written permission from FiltAirScarf is strictly prohibited. Nothing written, stated, or implied on the FiltAirScarf or any other digital properties gives any license or right under any trademark of FiltAirScarf.
FiltAirScarf allows the use of our website on a limited license basis so you can access and use the FiltAirScarf website for personal use. However, other than necessary browser-related caching, you are not allowed to download or modify any part of the FiltAirScarf website without the express written permission of FiltAirScarf.
In accordance with the above, you accept and agree that FiltAirScarf does not transfer any ownership or intellectual property title or interest and/or the FiltAirScarf website, or any part of the FiltAirScarf website to you or to any other entity. We grant your permission to download and print information and other materials from the FiltAirScarf website for your own personal use, on the condition that all hard copies include all applicable notices and copyright information for said information and other materials.
However, this license excludes the resale or commercial application of the FiltAirScarf website or the contents within, any collection/use of product information, product listings, prices, derivative use of the FiltAirScarf website and/or its content, downloading/copying account details to benefit another seller or to utilize tools such as data mining, robots, spiders or any other data extraction tools.
Notwithstanding what is outlined in these terms and conditions, the FiltAirScarf website, or any part of it, can not be copied, duplicated, resold, visited, or otherwise utilized for commercial use without the express written consent of FiltAirScarf. Framing techniques used to enclose any protected intellectual properties (logo, trademark, imager, page layout, text, or forms) related to the FiltAirScarf website or our affiliate partners without express written consent from FiltAirScarf. Furthermore, met tags, or other hidden text or data which use the FiltAirScarf trademarks or name may not be used without the express written consent of FiltAirScarf. Unauthorized use terminates any license or permission provided by FiltAirScarf.
You have the consent of FiltAirScarf to limited, revocable, and nonexclusive rights to build a hyperlink (using only plain characters to the FiltAirScarf URL) to any page on the FiltAirScarf website, on the condition that you do not portray FiltAirScarf, our products, offerings, or affiliate partners in a derogatory, false or misleading way. We do not grant permission to use any FiltAirScarf logos or other trademarks or proprietary trademarks in a hyperlink to our website with our express written permission from FiltAirScarf.
Through your use of the FiltAirScarf website, you agree that you will comply with any and all laws that are connected to your use of our website. Further restrictions may be outlined in text-based on-screen notifications from FiltAirScarf. You also agree through your use of our website, not to use the FiltAirScarf website for any unlawful purposes or those prohibited in our terms and conditions. Any information you submit to fulfill a request or related to a transaction or purchase or other monetary dealings with FiltAirScarf will be complete, up-to-date, and accurate. All charges incurred from the use of your credit card, debit card, or payment methods to complete a transaction or purchase with FiltAirScarf will be paid by you at the rates when these charges originally occurred. Any applicable taxes related to your purchases, transactions and other monetary dealings with FiltAirScarf must be paid by you also.
Through the use of the FiltAirScarf website, you agree that you will not violate or attempt to violate our FiltAirScarf website security. This includes, but is not limited to:
- Accessing information that is not intended for your use and/or logging into any server account you are not permitted to access.
- Making any effort to probe, scan, or test for vulnerabilities in our system or network and/or attempt to breach any security or authentication protocols without express permission.
- Interfering, or attempting to interfere, with our service to users, our network, or host. This includes “mail-bombing”, “flooding,” “spamming,” or “crashing” the FiltAirScarf website and/or submitting a virus intended to cause overloading.
- Dispatching unsolicited communications of any kind, including advertising and/or marketing of FiltAirScarf products and other offerings.
- Misrepresenting TP/IP packet header or forging any part of the header information in mail or email communications.
FiltAirScarf strives to be as precise as possible in our product descriptions. However, we cannot guarantee or warrant the product descriptions and other content contained on the FiltAirScarf website. Use of our FiltAirScarf products and other offerings are at your own risk. We do not accept any responsibility for harm or hardship caused directly or indirectly by the use of FiltAirScarf products. If you have any questions about our products, how they work, and how to see them correctly, please visit our FAQ page for more information or get in touch with our team for further assistance.
At FiltAirScarf, every product we sell comes with a guarantee. If you are not satisfied with your FiltAirScarf product after a sale or gift event, or if our FiltAirScarf product is unsatisfactory, please return the product to us for a replacement or repair within fifteen days of the purchase date.
BE SURE TO READ THE FOLLOWING INFORMATION CAREFULLY – THE INFORMATION BELOW CAN SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE A JURY HEAR YOUR CASE AND/OR FILE A LAWSUIT IN COURT. BELOW WE HAVE OUTLINED PROCEDURES OR MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVERS.
BOTH PARTIES AGREE TO ARBITRATION
You and FiltAirScarf both agree to come to a resolution regarding any claims in relation to these terms and conditions via a final and legally binding arbitration process, except in a case where you have violated or threatened to violate FiltAirScarf intellectual property right such as trademarks, copyright, trade secret and/or patent rights. In this circumstance, we may bring forward a lawsuit for injunctive relief to prevent the unauthorized use of our website, its content, and/or any other intellectual properties related to FiltAirScarf without needing to formally engage in arbitration or the informal resolution process we have outlined above.
WHAT IS ARBITRATION?
Instead of going through a lengthy and formal lawsuit in court, entering an arbitration process provides a much more informal solution to resolve disputes quickly. There is no judge or jury but instead, the case will be heard by a neutral arbitrator who has the authority to grant the same damages and relief that a typical court can. If any provision of this Section 8 is found to be unenforceable, the unenforceable provision shall be severed, and the remaining terms of arbitration will be enforced.
ARBITRATION PROCEDURES
The interpretation and enforcement of the dispute resolution provision outlined here are governed by the Federal Arbitration Act. Arbitration is initially initiated via JAMS. All issues causing controversy, disputes, and claims resulting from or in connection to these terms and conditions will be addressed and ultimately decided via arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of a single neutral arbitrator. Should any conflicts arise between the JAMS regulations and the Terms of Sale, the Terms of Sale will take priority For more information regarding how to initiate arbitration, you can visit the JAMS website http://www.jamsadr.com or call 1-800-352-5267. To begin arbitration proceedings, both you and FiltAirScarf must complete the following:
- Draft a demand for Arbitration. A demand for arbitration must outline a description of the claim, as well as the total amount sought to be recovered in damages. Visit http://jamsadr.com to download a copy of a ‘Demand for Arbitration’.
- Three copies of the ‘Demand for Arbitration’ must be sent to JAMS, One Atlantic Center, 1201 West Peachtree, NW, Suite 2650, Atlanta, GA 30309 along with the required fee.
- One copy of the ‘Demand for Arbitration’ must be sent to the other party.
The payment of any costs related to the filing, administration, and arbitration is included in JAMS Rules. If you cannot travel to Georgia for the arbitration proceedings you must take part via document submission or over the phone. Each party will cover their own costs related to arbitration unless the arbitrator decides these fees would be an undue burden on you. In this case, we will pay your portion of the arbitration administrative costs but not your legal fees. Arbitration under the terms of sale outlined herein must be held in Georgia (United States) without any regard for any conflict of laws provisions. An arbitration can result in the same damages and relief being awarded to an individual as in a court, including injunctive relief. Whatever judgment the arbitrator renders may be entered into a court of competent jurisdiction.
AUTHORITY OF THE ARBITRATOR
The rights and liabilities of you and FiltAirScarf, if any, will be determined by the arbitrator. The case will not be joined with any other case or entities or consolidated with any other matters outside of this dispute. The arbitrator has the authority to grant motions and related on all or any part of the claim. An arbitrator has the power to award monetary damages and to provide non-monetary relief and other relief options that might be available under what is outlined in the legal Arbitration Rules and our Terms and Conditions. The arbitrator will provide a written statement of the decision and award outlining the findings and conclusions as to the basis for the award being issued. This will include the calculation of any damages that have been awarded. An arbitrator has the authority to award the same relief to individuals as a judge in court can. The decision and award issued by the arbitrator are final and binding on both you and FiltAirScarf.
NO CLASS ACTIONS
Disputes with FiltAirScarf can be resolved on an individual basis only. You may not bring a claim against us as a plaintiff or as a class member in a class, consolidated or representative. A class action, class arbitrations, consolidation with other arbitrations, and attorney general actions are not permitted.
WAIVER OF JURY TRIAL
All parties waive their statutory and constitutional right to have a trial in front of a judge and/or jury in court. Instead, any claims, and/or disputes must be settled via arbitration. Typically, arbitration procedures are more efficient, quicker, and more cost-effective than going to court. Furthermore, arbitration procedures are generally subject to limited review by the courts. Should any form of litigation occur between you and FiltAirScarf, in any federal court or state court in a lawsuit to vacate or enforce an arbitration award, you and FiltAirScarf will waive all rights to a jury trial, instead, agreeing that the dispute will be decided by a judge, You agree that you have been advised to seek legal advice in deciding to agree to arbitrate.
OPT-OUT OF AGREEMENT TO ARBITRATE
If you would like to decline the agreement to arbitrate, you must send the following information to FiltAirScarf via certified mail: your full name, URL of the Terms Of Sale, your mailing address, a contact phone number, and a statement that you wish to withdraw from the arbitration provisions outlined in our Terms and Conditions. You must send the above information via certified mail and email no later than thirty days after you first accept the Terms and Conditions governing the FiltAirScarf website.
OTHER THAN WHAT IS SET OUT IN THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE AND AGREE THAT ALL PRODUCTS SOLD VIA FILTAIRSCARF ARE SOLD “AS IS” AND ARE SOLD ON AN “AS AVAILABLE” BASIS. FILTAIRSCARF DISCLAIMS ALL WARRANTIES, TO THE MAXIMUM EXTENT ALLOWED BY THE LAW AND AS OUTLINED IN OUR TERMS AND CONDITIONS. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NOTWITHSTANDING WHAT HAS BEEN OUTLINED IN OUR TERMS AND CONDITIONS, ANY DISCLAIMERS CONTAINED HEREIN, DO NOT EXCLUDE CLAIMS RELATED TO PRODUCT LIABILITY, DAMAGES ASSOCIATED WITH PERSONAL INJURY, DAMAGES RESULTING FROM INTENTIONAL COMPANY MISCONDUCT, YOUR STATUTORY CONSUMER RIGHT OR ANY DAMAGES THAT ARE THE RESULT OF FRAUD, RECKLESSNESS OR GROSS MISCONDUCT.
IN NO CIRCUMSTANCE SHALL FILTAIRSCARF OR ANY OF OUR SUBSIDIARIES, AFFILIATE PARTNERS, SUPPLIERS, VENDORS, AGENTS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE “FILTAIRSCARF RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL THAT OCCUR DUE TO, OR AS A RESULT OF, THE SUPPLY OF OR NON-PROVISION OF PRODUCTS, NO MATTER IF IT IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IF ANY OF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF, OR WHICH IS IN ANY WAY CONNECTED WITH THE PURCHASE OF ANY PRODUCTS ON OUR WEBSITE, THROUGH THE WEBSITE, THE FILTAIRSCARF RELEASED PARTIES’ TOTAL LIABILITY WILL NOT EXCEED $100.00 IN TOTAL.
The agreement and terms outlined above will be in effect from whenever one of the following occurs; the first moment that you click ‘Accept’, you begin downloading material or information from the FiltAirScarf website, access or use the FiltAirScarf website, or respond to a request for your information. At FiltAirScarf, we reserve the right to violate the term and conditions of this agreement on reasonable grounds which may include but will not be limited to suspecting fraudulent or illegal activity, as well as any omission or actions that violate the terms outlined in this agreement. In this instance, we may deny your access to the FiltAirScarf website or any part of it, in order to protect our name, business, our users, and our goodwill. This agreement will also instantly be terminated should you breach the terms and conditions outlined here on the condition of the survival rights of particular provisions covered below. Any termination will take effect without notice. This agreement can also be terminated by you at any time by stopping to use the FiltAirScarf website, however, any applicable provisions of this agreement will remain despite termination. These provisions related to FiltAirScarf include ownership rights, indemnity, waiver and sever-ability, disclaimers of warranty and liability, feedback and submissions, miscellaneous legal terms, and governing law. These provisions will always be relevant despite the termination of this Agreement.
For clarification on any of the points above, or if you have any questions, be sure to contact our team via any of the methods below, or visit our contact page.
Mailing Address:
32565 Golden Lantern St.
Suite 1030
Dana Point,
CA 92629
email: support@filtairscarf.com
