Terms

Terms

Effective on FEBRUARY 16, 2016.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. In order to enjoy all the benefits of the website, you must register and become a member. You may visit the site without registering. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law.

You agree that by using this site and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.

Website
We grant you a limited license to access and use the site for your personal use, and to copy, distribute and transmit the content of this site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the site for your personal use. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings or descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.

Except as permitted above, this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of SeasonSmart. You may not use any meta tags or any other “hidden text” utilizing SeasonSmart’s name or trademarks without the express written consent of SeasonSmart. Any unauthorized use terminates the permission or license granted by SeasonSmart.

We reserve the right to change any information, features and functions of the site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.

Registration and Membership
To register and become a member of our site, complete the user survey, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with these Terms of Service and SeasonSmart has no obligation to investigate the authorization or source of any such access or use of the site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.

At the time of your first order, you will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.

As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our monthly newsletter from time to time.

To cancel your membership, please call Club Support at 1.844.873.2766 Monday – Friday 7AM – 5PM (Central).

Subscription Process
As a member, you may order Filter Alert Service or select and purchase a Filter Set offered by SeasonSmart, subject to the terms below

FILTER ALTERT SERVICE

Filter Alert service contains contains emails notifications. Depending on your selection, your emails may contain additional information, offers, advertising, or other related marketing items. Filter Alert is free.

IF, AFTER RECEIVING FILTER ALERT EMAILS, YOU DO NOT WISH TO CONTINUE RECEIVING EMAILS PLEASE CALL CLUB SUPPORT AT 1.844.873.2766 TO CANCEL FILTER ALERT SERVICES. YOU MAY CANCEL AT ANYTIME WITHOUT OBLIGATION.

FILTER SETS

If you purchase either an Traditional or SeasonSmart filter set, you will receive every year or at the the time of replacement a shipment containing either a yearly supply of Filters or a single filter (supply amount based on season or your chosen frequency from SeasonSmart). You may log into your account and customize your Filter Sets at any time. You can select the filter size and design and advance or delay the next month’s shipment as you wish. If you do not update your selections for a particular annual period, we will send you the same shipment we sent the previous year, subject to availability.

FILTER SET SUBSCRIPTION RENEWAL AND CANCELLATION TERMS

IF YOU ARE PLACING AN ORDER AS PART OF ONE OF OUR SUBSCRIPTION FILTER SETS, YOUR MEMBERSHIP IN THE PROGRAM WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED.

We will charge your bank or credit card when we ship your first SeasonSmart order. After your initial order, beginning the first month, you will be charged $28 (Traditional Filter Set), $50 (SeasonSmart Filter Set) or $10 (SeasonSmart Filter), plus shipping & handling (depending on your Bundle) every 52 weeks, until you choose to cancel your membership. You may cancel your membership at anytime. To cancel your membership, please call Member Support at 1.844.873.2766 M-F 7AM – 5PM CST. Please note: Filter Sets cannot be cancelled via email, Facebook or other forms of social media.

Billing and Payments
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. For your convenience, we will save your bank or credit card information.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved.

If we are unable to complete the transaction, Client Services may contact you directly to update your account information.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

If you would like to exchange or return a product, please contact Member Support at 1.844.873.2766 . Returns are accepted within 90 days of you receiving the product and they are subject to a restocking fee of $15.95.

If you would like to exchange your product for a different one, we’ll happily accommodate you under our Good Faith exchange policy. Our team will immediately ship out the product you’d like and give you up to ten business days to return the product with which you were not satisfied. (Please note: as with returns, exchanges are subject to a restocking fee). If you live in Alaska, Hawaii or Canada, exchanges are allowed with no restocking fee and you will be charged an additional shipping charge. Canadian orders will also be assessed an international surcharge.

Warranty Disclaimer
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICIALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SeasonSmart DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SeasonSmart DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SeasonSmart DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability
SeasonSmart SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF SeasonSmart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.

Copyright
The technology underlying the site and the entire contents of the site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SeasonSmart and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to SeasonSmart. TM 2016. SeasonSmart. All rights reserved.

Trademarks
All trademarks, service marks and trade names of SeasonSmart on the site are trademarks or registered trademarks of SeasonSmart or their respective owners.

Indemnification
You agree to indemnify, defend and hold harmless SeasonSmart, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Privacy
Registration data and certain other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at www.SeasonSmartfilters.com/privacy.

Third-Party Links and Sites
This site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of SeasonSmart. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

Submissions
We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by SeasonSmart’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an “unsolicited submission”), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects.

From time to time, we may solicit creative ideas, suggestions or materials from users of our site or blog. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a “requested submission” and together with unsolicited submissions, “submissions”), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.

You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions made by you shall be the sole property of SeasonSmart and will not be acknowledged or returned.

You agree and understand that we are not obligated to use any submission you make and you have no right to compel such use.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Miscellaneous
Your use of the site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions.

Arbitration
SeasonSmart is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Member Support at 1.844.873.2766 . However, if you are dissatisfied with our customer service’s resolution of your matter, these Terms of Service provide that disputes will be resolved in binding arbitration or small claims court. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances.

Arbitration Agreement:
We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
  • Claims that arose before these or any prior versions of our Terms of Service (including, but not limited to, claims relating to advertising);
  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • Claims that may arise after termination of these Terms of Service.

For the purposes of this Arbitration Agreement, references to “SeasonSmart”, “we” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

You agree that, by accessing and using this site, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms of Service evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Termination
These Terms of Service are applicable to you upon your accessing this site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.

Inviting friends and earning SeasonCredit or cash discounts
When you invite friends to register for an account at SeasonSmartfilters.com, you will receive a SeasonCredit or cash discounts for each friend who makes a qualified first purchase. Your friend must be a new member (this offer excludes returning or existing members) and live in a different household.

You will only receive a SeasonCredit or cash discounts for your friend’s first qualified purchase if the purchase was a result of an invite from you via an authorized referral method. If your friend does not click on the personal referral link in their invite email or other invite mechanism to accept your invitation, you may not receive a SeasonCredit or cash discounts and we will have no liability to you because there is no discernible way to identify that the purchase resulted from your referral.

A qualified purchase is considered an SeasonSmart purchase or a subscription Filter Set order. Free Trial orders do not count as a qualified purchase. There is no limit to the amount of Season Credit you can earn and SeasonCredit will accrue with every eligible friend you refer. You can track your SeasonCredit by visiting the Invites section in My Account.

If two people refer the same friend, the friend who sent the link that is used to create the new member’s account will be considered the referring friend, regardless of which link was sent to the new member first. There is a limit of one SeasonCredit per new email address that is registered on SeasonSmartfilters.com. You may not use spam or send unsolicited emails to people you don’t personally know to collect SeasonCredit and you may not collect Season Credit by posting on message boards or other online venues in violation of such venues’ terms of use. See the Privacy Policy for how information is stored.

Spending Season  Credit
Season Credits are valid for 12 months from issuance. Your SeasonCredit are automatically applied to your purchases at checkout in the order in which they expire (i.e., first to expire will be applied first).

You can check the amount of SeasonCredit you have earned and their associated expiration dates at any time by visiting the Invites section in My Account.

Prohibitions and Cancellation
Season Credit are issued to a single SeasonSmartfilters.com account holder at our discretion and cannot be transferred between accounts or between users. SeasonCredits cannot be bartered, exchanged or sold.

SeasonCredits are a promotional offer and are not a payment instruments. Season Credits are issued without any exchange of money or value from you and you have no vested property right or interest in them.

SeasonCredits have no cash value by themselves; they are only deemed to have a notional cash value of if they are used in connection with an eligible purchase on our site.

We reserve the right to limit or cancel your SeasonCredits in our sole discretion if we determine that you have violated these Terms of Service, including through fraudulent or misleading referral activity (for example, by inviting fake people to join SeasonSmart, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.

Changes to Season Credit Terms
We reserve the right in our sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Season Credit. Such changes may include, without limitation, how you may earn and spend SeasonCredit, how long Season Credits last, minimum purchase amounts with which SeasonCredits may be used and the lifetime maximum amount of SeasonCredits that you may earn.

Gift card terms & conditions

Overall Policies

SeasonSmart gift cards and their use on SeasonSmartfilters.com are subject to SeasonSmart’s Terms of Service and Privacy Policy.

Purchase

SeasonSmart gift cards are available in amounts of $10, $25, $50, 150, and $200. The amount of the gift card that you purchase will be charged to your bank or credit card upon your confirmation and submission of the order.

Redemption

To make a purchase with an SeasonSmart gift card, the gift card holder must register an account with SeasonSmart and must visit www.SeasonSmartfilters.com to redeem the gift card toward the purchase of eligible products from The SeasonSmart. Each purchase amount will be deducted from the gift card total credit balance until that balance equals zero. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with a bank and credit card.

Expiration

Your SeasonSmart gift cards have no expiration date.

Limitations

Gift cards cannot be used to purchase other SeasonSmart gift cards and they cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account.

Refunds

Gift card purchases cannot be refunded.

Risk of Loss

We are not responsible if a gift card is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances.

Fraud

SeasonSmart reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the SeasonSmartfilters.com website.

Limitation of Liability
SEASONSMART MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

2017 SeasonSmart LLC. All Rights Reserved. TM