ATTENTION: Please read these terms carefully before using this website or ordering products from Fil-Tech. Using this website or purchasing products indicates that you accept these terms. If you do not accept these terms, do not use this website or purchase products from Fil-Tech.
This document is an agreement between you and Fil-Tech, Inc. (“Fil-Tech”) that describes the terms and conditions (“Terms”) subject to which you may access and use the content and information (“Content”) and purchase the Fil-Tech products (“Products”) offered on the websites operated by Fil-Tech or its affiliates, including but not limited to http://www.Filtech.com/ (collectively, the “Fil-Tech Sites”). YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR OTHERWISE USING THE CONTENT OR PURCAHSING PRODUCTS, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT MAY APPLY.
Please note that Fil-Tech reserves the right to revise these Terms at any time by posting an update to this page. Your continued use of the Fil-Tech Sites following the posting of changes to these Terms will mean you accept those changes. Fil-Tech reserves the right, in its sole discretion, to determine if you have violated these Terms, and to take any action it deems appropriate. You acknowledge that Fil-Tech shall have the right to terminate your access to the Fil-Tech Sites for violations of any of these Terms, including infringement of intellectual property rights.
Personal, Non-Commercial Use: The Fil-Tech Sites are made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the Content obtained from the Fil-Tech Sites or in connection with the purchase of a Product.
Charges, Billing, Payment: If you order any Product, you agree to pay all applicable charges. The price stated for the Product excludes all applicable sales, use and other taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges and agree to indemnify, defend and hold harmless Fil-Tech from any failure to make such payments. Pre-payment is required on all purchases unless an account has been established with Fil-Tech. Established account holder payments are due net 30 from the date of invoice. To pay the charges for a Product, you will be asked to provide a payment method at the time of purchase. You may pay amounts due via credit card. Fil-Tech accepts Visa, MasterCard or American Express or wire transfer to a Fil-Tech designated bank account. By providing Fil-Tech with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize Fil-Tech to charge you for the Products using this payment method. If, after a payment by credit card, you later dispute the charges, unless prohibited by law, you agree not to cancel, revoke, charge back or dispute any previously entered charge on your credit card. If you do so, and it is later determined that the charge was properly authorized, you agree to pay all out-of-pocket fees and costs incurred by Fil-Tech as a result of the improper cancellation, revocation, charge back or dispute. All payments to Fil-Tech must be made in U.S. dollars.
Shipping and Delivery: All standard shipping is made by the following method unless otherwise agreed in writing by Fil-Tech:
- All shipments are FOB Boston, Massachusetts or Syracuse, New York;
- Shipments are prepaid and added to invoice or freight collect with customer account number provided; and
- Standard shipping is via UPS Ground. Customers can request expedited or a preferred shipping method and Fil-Tech will use reasonable efforts to accommodate customers preferred method.
International shipping is subject to customs inspection and assessment of duties and taxes in accordance with applicable laws. Customs duties and taxes, if imposed, are assessed in the destination country and are not calculated or collected by Fil-Tech. Duties and taxes are collected from the recipient. All shipping charges are payable in US dollars.
Refund Policy: Any Fil-Tech Product that is defective may be returned to Fil-Tech not more than one year from the date of shipment by Fil-Tech, for repair, replacement or refund, at Fil-Tech’s discretion. Returns made for any other reason must be made within thirty (30) days of the invoice date. Any refund that is issued will not include shipping and handling costs for shipment of the Product to you or return of the Product by you. A Returned Merchandise Authorization (“RMA”) number must be obtained from Fil-Tech before returning any Product. Returned Products must be packaged to prevent damage during return shipment to Fil-Tech.
Limited Warranty; Legal Disclaimers: Unless otherwise noted, Products are warranted against defects in materials and workmanship for a period of twelve (12) months from the date of shipment by Fil-Tech. Your sole remedy for any violation of this limited warranty by Fil-Tech is to return the products as set forth in the Refund Policy above. The Fil-Tech Sites and the Content are for the convenience of users of the Fil-Tech Sites and for customers and potential customers of Products. The Content is subject to change without notice. FIL-TECH DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE FIL-TECH SITES. THE FIL-TECH SITES AND ANY INFORMATION PROVIDED WITH THE PRODUCTS ARE PROVIDED “AS IS.”
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE FIL-TECH PRODUCTS, FIL-TECH SITES AND INFORMATION MADE AVAILABLE BY FIL-TECH, ARE PROVIDED WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FIL-TECH DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FIL-TECH SITES AND PRODUCTS, INCLUDING INFORMATION OBTAINED THROUGH THE FIL-TECH SITES. FIL-TECH DOES NOT WARRANT THAT THE FIL-TECH SITES PRODUCTS WILL OPERATE ERROR-FREE OR THAT THE FIL-TECH SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, FIL-TECH, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
Fil-Tech Intellectual Property Rights: All Content, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website and other materials related to the Products, are the intellectual property of Fil-Tech, its licensors, or other vendors. The Content is protected by United States and foreign intellectual property laws. Except as stated herein, none of the Content may be copied, reproduced, or distributed in any form without the prior written permission of Fil-Tech.
Trademarks: The Fil-Tech logo and other marks related to Products (“Fil-Tech Marks”) are the exclusive and valuable property of Fil-Tech or its affiliated companies or licensors. The Fil-Tech Marks can only be reproduced or displayed with specific written permission from Fil-Tech, and only in accordance with the policies and guidelines associated therewith. Fil-Tech has made every effort to supply trademark information about company names, products and services mentioned on the Fil-Tech Sites. All third-party trademarks are the property of their respective owners.
Copyright Infringement and Copyright Agent: Fil-Tech will, in circumstances it deems appropriate, remove or disable access to Content, if such Content are claimed to infringe the intellectual property rights of a third party. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Fil-Tech Site, please provide notice to the Fil-Tech Copyright Agent, referenced below, including the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
- A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
- A description of where the material that you claim is infringing is located on a Fil-Tech Site.
- Information sufficient to permit Fil-Tech to contact you, such as your physical address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6 Pinckney St.
Boston, MA 02114
YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A FIL-TECH SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.
Third-Party Content and Links: Certain Fil-Tech Sites may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for your convenience in making this third-party content available or accessible to you, you acknowledge that Fil-Tech is not responsible for the third-party content. You also agree that (i) Fil-Tech IS NOT responsible or liable for any losses or damages you experience with any third-party content you chose to rely upon or advertisements you respond to; and (ii) that you must contact any such third party directly for any remedies that may be available to you.
Compliance with Laws: By accessing or using the Fil-Tech Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the operation and use of the Fil-Tech Sites and any Products offered therein. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Fil-Tech Sites to countries or persons prohibited under the export control laws of the United States. Fil-Tech makes no representation that the content on the Fil-Tech Sites is appropriate or available for use outside the United States. If you have chosen to access the Fil-Tech Sites from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL FIL-TECH, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS HAVE LIABILITY TO YOU: (1) FOR ANY INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE FIL-TECH SITE OR CONTENT OR USE OF THE PRODUCTS; AND (2) FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCT PURCHASED BY YOU GIVING RISE TO SUCH CLAIM.
The above limitations apply to your use, misuse, or reliance upon the Fil-Tech Sites, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Fil-Tech Sites.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Governing Law: These Terms and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court located in Suffolk County, Massachusetts or the United States District Court for the District of Massachusetts, with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Force Majeure: Under no circumstances shall Fil-Tech, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Entire Agreement: Except as provided by a sales agreement for a Fil-Tech offering, these Terms constitute the entire agreement between You and Fil-Tech with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.