Ray Air Supply, LLP
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND RAY AIR SUPPLY, LLP, (“WE” OR “RAY AIR SUPPLY”), THE OWNER AND OPERATOR OF THE WWW.RAYAIRSUPPLY.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF THE PRODUCTS SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, THE SITE. RAY AIR SUPPLY RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS ON THE SITE REFLECTING THE NEW EFFECTIVE DATE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF THE CHANGES ONLINE WILL CONSTITUTE YOUR ACCEPTANCE, APPROVAL AND ADOPTION OF SUCH CHANGES. YOU SHOULD FREQUENTLY REVIEW THE AGREEMENT (INCLUDING THE EFFECTIVE DATE) AND APPLICABLE POLICIES FROM TIME TO TIME TO UNDERSTAND THE TERMS THAT APPLY TO YOUR USE OF THE SERVICE AND/OR USE OF THE SITE.
By creating an account or purchasing products (as defined below), you represent, acknowledge and agree that you are at least 18 years of age.
1 – CHANGES TO SITE; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the site
Ray Air Supply may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products (as defined below in Section 3.1). Ray Air Supply reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Ray Air Supply uses a third party payment processing service to process orders and bill fees to your credit card.
1.3 – Privacy
PLEASE TAKE NOTICE that Ray Air Supply automatically collects various types of information about your visits to our Site, registration for an Account, purchase of our products, and/or use of our Services. In addition to the personal information provided by you in connection with your account 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 Omniture, 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 – PASSWORDS; USE OF SITE
2.1 – Passwords
You may utilize the functionality on the Site by using your login credentials. You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Ray Air Supply if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – Use of Site; Prohibitions
Subject to your compliance with this Agreement, Ray Air Supply 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 this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, 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 Ray Air Supply 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 this Agreement 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.
3 – TERMS OF SALE
3.1 - Sales of Products to End Users Only
Ray Air Supply sells electronic air filters and replacement media pads (the “Product(s)”) to its end-users who purchase to receive these Products. You may not purchase Products for further commercial or business purpose. Ray Air Supply does not condone resale or dropship of its Products. Reseller(s), drop shipper(s), or wholesaler(s) are prohibited from reselling, sublicensing, distributing, or otherwise making available any Ray Air Supply Product(s).
3.2 – Sales Warranties
The EF1 Filter will honor a three (3) year frame and power supply warranty. Warranty claims must be made within three (3) years of the original purchase. Warranty claims will not be handled due to misuse, damage, etc. of the filter. Ray Air Supply’s EF1 full warranty information can be found at http:www.rayairsupply.com (the “Warranty”).
Replacement media pads honor a thirty (30) day warranty from the date of shipment. Ray Air Supply warrants Product(s) will be free from defects in title, material and workmanship. This warranty is available only to end-users (the “Customer”) that purchase the Product(s) from Ray Air Supply. Ray Air Supply is not liable for the void of any warranty or impact to any third party manufacturers’ product by use of Ray Air Supply replacement pads within. For the purpose of these warranties, a defect is determined by Ray Air Supply after its good faith investigation. Our replacement pad warranty and service is only available to the original purchaser through a Ray Air Supply authorized selling network. No warranty, service or product updates will be extended to purchases, even of otherwise “new” products, through unauthorized reseller(s), drop shipper(s), or wholesaler(s) of Ray Air Supply products.
3.3 - Pricing
Pricing for Ray Air Supply Products (including any applicable shipping and handling fees) can be found on Ray Air Supply’s products page located on the Site at http://www.rayairsupply.com. The price that we will charge you for the Products will be the price as posted on the Site’s Checkout on the date you purchase a product. Ray Air Supply reserves the right to change prices for Products at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.4 – Refund/Cancellation Policy
Notwithstanding the foregoing, Ray Air Supply 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. Upon receiving the returned product, Ray Air Supply will inspect the air filter or replacement media pads and refund the credit card used to make the purchase and will cancel the subscription. If the product is the wrong size and you would like the correct size, you are required to ship the product back to Ray Air Supply at your expense. Ray Air Supply will inspect that all contents are received in an acceptable condition. Shipping of the correctly-sized product back to the Customer will be at Ray Air Supply’s expense.
Ray Air Supply will not provide a refund for a request that is received by Ray Air Supply more than thirty (30) days after the date of original shipment. Ray Air Supply also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use, or an act of God.
3.5 – Payment Methods
Ray Air Supply accepts credit card payments only. You agree to pay all fees charged to you during your purchase based on Ray Air Supply’s fees, charges, and billing terms in effect as shown on the Ray Air Supply payment page. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products based on the address that you provide as the shipping address when you register for an account or during checkout, and you authorize Ray Air Supply or the third party payment processing service provider that we engage to charge your credit card for any such 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, Ray Air Supply reserves the right to either suspend or terminate your account or purchase and terminate these Terms of Service. All sales and payments will be in US Dollars.
Ray Air Supply and Ray Air Supply’s 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 Ray Air Supply and Ray Air Supply’s third party payment service provider at the election of your credit card issuer. Neither Ray Air Supply nor Ray Air Supply’s 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.
3.6 – Shipping and Product Acceptance
The standard, in-stock Product will be shipped within one (1) business days as the purchase via United States Postal Service. Non-standard or non, in-stock sizes can take up to two (2) business days before shipment. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Ray Air Supply 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, and wherever in the world those rights may exist.
5 – PRODUCT/IDEA SUBMISSIONS
Ray Air Supply does 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 Ray Air Supply or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Ray Air Supply’s products, services or marketing strategies might seem similar to ideas submitted to Ray Air Supply. 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:
6 – THIRD PARTY SITES; INDEMNIFICATION
6.1 – Third Party Web Sites
6.2 – Indemnification
You hereby agree to defend, release, indemnify and hold harmless each of the Ray Air Supply Parties (as defined in Section below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
7 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS AND SUBSCRIPTIONS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. RAY AIR SUPPLY, 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 “RAY AIR SUPPLY 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 SUBSCRIPTIONS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C)DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR PRODUCTS 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 OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT OR PRODUCTS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND RAY AIR SUPPLY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RAY AIR SUPPLY OR ANY PERSON ON BEHALF OF RAY AIR SUPPLY SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE RAY AIR SUPPLY 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.
8 – LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY RAY AIR SUPPLY 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).
IF, NOTWITHSTANDING THE FOREGOING, AN RAY AIR SUPPLY 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 OR PRODUCTS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW THE RELEVANT RAY AIR SUPPLY PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID RAY AIR SUPPLY FOR THE PRODUCTS, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY RAY AIR SUPPLY PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH RAY AIR SUPPLY PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9 – CHOICE OF LAW
9.1 – Choice of Law
This Agreement is governed by the laws of the Commonwealth of Pennsylvania. Any disputes arising under this Agreement or the Products shall be adjudicated in the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania.
10 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
10.1 – Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law.
10.2 – General Terms
You can contact Ray Air Supply, LLP, by telephone at 1-570-550-1748 or P.O. Box 16, Sweet Valley, Pennsylvania, 18656.
Ray Air Supply has service areas anywhere in the forty-eight (48) contiguous United States. Addresses will be verified when creating an account.
Ray Air Supply reserves the right to monitor shipping/sales and refusing a sale to an address that is under suspicion of ordering excess filters, which can financially affect Ray Air Supply.
Replacement media is filter-specific. Installing replacement media other than one purchased through Ray Air Supply can result in damaging the EF1 unit, the ventilation system and/or cause personal injury or property damage. This will void the filter warranty. Please consult the owner’s manual for proper installation instructions. Ray Air Supply is not responsible for any damages that occur due to altering the performance of the electronic air filter.