Service Warranty Test 2 – Medify Air

Service Warranty Test 2

  • MEDIFY AIR LLC SERVICES AGREEMENT

  • 1 YR

  • 2 YR

  • 3YR

  • *Discount is not negotiable and subject to Term. i.e. 1 Yr. Subscription shall be eligible for 10% discount, 2 Yr.=15% and 3 Yr.=20

    Email:serviceteam@medifyair.com

  • (Exclusivelyfor Service Agreement Issues)

  • Terms of Service

  • This Terms of Service Agreement (“Terms”) governs your purchase of the Subscriptions and Products sold through the MEDIFYAIRServices. By using the MEDIFYAIRServices, you agree, without limitation or qualification, to be bound by these Terms and the MEDIFYAIRPrivacy Policy. If you do not agree, please do not use the MEDIFYAIRServices.MEDIFYAIRmay revise these Terms at any time. Your continued usage of the MEDIFYAIR Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. You also represent and warrant to the Company that you will use the MEDIFYAIR Services in a manner consistent with any and all applicable laws and regulations.Thematerials provided on the MEDIFYAIRServices are protected by law, including, but not limited to, United States copyright laws and international treaties.

    The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the MEDIFYAIRServices for any reason.

    During the term of this subscription agreement, the MedifyAir Purifier shall remain under warranty pursuant MedifyAir’s warranty policies.

    PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH MEDIFYAIRARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12 PLEASE READ IT CAREFULLY.

  • TERM

  • The initial term for this agreement is for of your intent to discontinue the subscription. You may change the frequency of shipment by providing MedifyAir with at least 45 day written notice of change. MEDIFYAIR reserves the right, in its absolute discretion, to withdraw or modify any Product, Subscription, offering,or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions, offers, or promotions advertised on the MEDIFYAIR Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

    This agreement shall automatically renew. You must advise MedifyAir at least 30 days in advance

    . USE OF THE MEDIFYAIRSERVICES

    The personal information you submit to MEDIFYAIRis governed by the MEDIFYAIRPrivacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.

    Except as provided under Submission of Ideas (Section 2.3 below), MEDIFYAIRdoes not claim ownership of any information or material a user provides to MEDIFYAIRor posts, uploads, input, submits, or transmits to the MEDIFYAIRServices (“Submission” You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasiveof another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is freeform); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the MEDIFYAIRServices, or which, in the judgment of MEDIFYAIR, exposes MEDIFYAIR or any of its licensors, partners, or customers to any liability or detriment of any type.

    By making a Submission, you agree that such Submission is nonconfidential, nonproprietary, and may be disseminated or used by MEDIFYAIR. If you make a Submission, you automatically grantor warrant that the owner of such content has expressly grantedMEDIFYAIRa royaltyfree, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform,and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, MEDIFYAIRis not required to use any Submission.

    You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. MEDIFYAIRis not responsible for the consequences of any Submission. MEDIFYAIRis not responsible for screening or monitoring Submissions made to the MEDIFYAIRServices by users. If notified by a user of a Submission allegedly in violation of these Terms, MEDIFYAIRmay investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. MEDIFYAIRwill have no liability or responsibility to users for performance or nonperformance of such activities.

  • MEDIFYAIRreserves the right (but is not obligated) to: (a) record the dialogue on the MEDIFYAIRServices; (b)investigate an allegation that a Submission does not comply with these Terms and determinein its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the MEDIFYAIRServices upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the MEDIFYAIRServices, regardless of whether such Submission violates these Terms.

  • Submissionof Ideas

  • Please do not submit any unsolicited ideas, original creative artwork, suggestions,or other works (“Ideas”) in any form to MEDIFYAIRMEDIFYAIR policy is to not accept, review, or consider unsolicited Ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of MEDIFYAIR’s products, services or marketing strategies might seem similar to ideas submitted to MEDIFYAIR

    Notwithstanding such policy, any Ideas that are offered or communicated to us through the MEDIFYAIRServices or otherwise shall be the property of MEDIFYAIR, and may be treated by MEDIFYAIRas nonconfidential information. In such case, you agreethat: (a) any Idea (including its complete contents) by you to MEDIFYAIRwill automatically become the property of MEDIFYAIR, without any compensation to you; (b) MEDIFYAIRmay use or redistribute any Ideas and its contents for any purpose and in any way,without any compensation to you; (c) MEDIFYAIRhas no obligation to review any Idea; and (d) MEDIFYAIRhas no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, MEDIFYAIR

  • Your Account

  • If you use the MEDIFYAIRServices, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. MEDIFYAIRreserves the right to refuse service, terminate accounts or subscriptions, remove,or edit content, or cancel orders or shipments in its sole discretion.

  • Introduction

  • MEDIFYAIRsells Air Filtersfor MedifyAir Purifiers (the“Products”) to enduser customers who purchase a recurring subscription plan (“Subscribers”) to have the Products shipped regularly on a schedule of the Member’s choosing only for their own personal, noncommercial use (the “Subscription” You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and nontransferable.Depending on the term of the subscription plan purchased, you may be eligible for a discount. Applicable discounts are in accordance with your subscription plan. For example, 1 year subscription plan is eligible for a 10% discount on filters; 2 year subscription plan is eligible for a 15% discount on filters; 3 year subscription plan is eligible for a 20% discount on filters.

    .2 Products and Product Pricing

    The price that we will charge you for the Products and Subscription may be based on a tiered pricing structure that depends on number of filters chosen and the quality and frequency of filters in each subscriber’s shipment (each a “shipment” Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found under Products, Filter and Filter Clubmenus at https://medifyair.com/hanging your Subscription may change the price that we will charge you for the Products and Shipment. We reserve the right to change a Product’s price or the tiered pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.

    .3 Subscriptions and Promotions

    To view the specific details of your Subscription, including frequency of shipments and next ship date, visit our website andclick on “Account.” To view your next Shipment price, Shipment contents,and ship date, click on “Shipment”.

    MEDIFYAIRreserves the right, in its absolute discretion, to withdraw or modify any Product, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions, offers, or promotions advertised on the MEDIFYAIRServices are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

    If any problems arise with your order, or with the shippingaddress or Payment Method associated with your Subscription, and MEDIFYAIRis unable to resolve the problem, we may notify you via email using the address associated with your Subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Shipments until the problem has been resolved.

  • SUBSCRIPTION TERMS AND CANCELLATION POLICY

  • .1 Recurring Subscription; Automatic Renewal

    YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

    MEDIFYAIRwill automatically renew your Subscription and charge your Payment Method depending on the Subscription and/or Shipment shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Subscription during the Subscriber signup process. Your Payment Method will be charged at least one full business day prior to your next Shipment shipping date. We will charge your Payment Method with the applicable cost for your Shipmentwhich may include sales taxes for your state, or where applicable shipping and handling.

    To avoid being charged, you must cancel your Subscription in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Subscription and Shipment shipping frequency selected) until you cancel.

    .2 Pausing and Resuming Subscription; Shipping Frequency

    Subscribers will be shipped a Shipment based on the shipping frequency and/or shipping date chosen in their account.

    For some Subscribers, MEDIFYAIRmay offer the ability to temporarily pause their Subscriptions (“Pause Period” During the Pause Period, Subscribers will remain active subscribers, but they will not receive any MEDIFYAIRProducts. A Subscriber’s Subscription may be placed on a Pause Period for either a one, two, or three month period. During the Pause Period, Subscribers will remain a subscriber of MEDIFYAIR, continue to receive

  • communications from MEDIFYAIRvia email, but will not be charged any maintenance or subscription fee. Subscribers who are in a Pause Period may resume receiving MEDIFYAIRProducts by logging into their account and resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to us atserviceteam@medifyair.com

    For Subscribers who do not have the option to temporarily pause their Subscription, MEDIFYAIRmay offer such Subscribers the ability to change their Shipment ship date. By default,Shipments will be shipped every one (1), two (2) or three (3) months. These Subscribers can choose to decrease or increase their Shipment shipping frequency anywhere between one (1) and six (6) months by contacting MedifyAir and your account representativ These Subscribers can also choose a specific shipping date for their next Shipment that is anywhere between two (2) business days and up to six months away. Subscribers that wish to retain their Subscription but have their Shipment shipped less often than six months must log in to their Member account page at least one full business day prior to your next Shipment shipping date to extend the shipping date for an additional period (up to six months) for the next Shipment.

    You may cancel your Subscription prior to the renewal of your subscriptionperiodby providing MedifyAir written notice at with subject line Cancel. Cancellation requests submitted in this manner must be received at least thirty (30) written notice.

  • REPLACEMENT

  • MedifyAir shall replace its filter product if it does not work. Yu must make your replacement request directly to MedifyAir at within days of the date of the first shipment by MedifyAir. MedifyAir is not liable for products that are damaged or lost in transit to MedifyAir. Promptly following MedifyAir’s receipt of your replacement request, MedifyAir will ship youthe replacement filter.

    If you happen to order the wrong size filter you can simply contact us and we will send you a different size filter that fitsjust right. There will be shipping and handling charge to send you the new filter.MedifyAir will uses its best efforts to provide the Filter ordered however if the exact model type is not available, the most similar model will be substituted by MedifyAir. A unit covered under warranty shall be returned toMedify Air according to current return policies and procedures.

    We will not provide a refund for a request that is received by MedifyAir more than 90 days after the date of original shipment. We also do not provide a refund for returned Productsthat are damaged due to misuse, lack of care, mishandling, accident, abuse,or other abnormal use

    In consideration of this services agreement, MedifyAirshall provide a limited lifetime warranty replacing any of its Air Purifier Units in use with the applicable subscribed filters. This warranty shall be in effect so long as you have an active services agreement for applicable MedifyAir filters. MedifyAir shall replace a unit that is not functioning properly upon receiving the request for replacement by Customer via telephone or email. MedifyAir shall prioritize shipment of replacement unit and where feasible, ship the next day. The failed unit shall bereturned by Customer pursuant MedifyAir’s return policy upon Customer receiving the replacement unit. Any requests received after 2:00 pm EST shall be processed the next business day subject to availability and feasibility.

  • LIABILITY OF MEDIFYAIRAND ITS PARTNERS

  • The use of the MEDIFYAIRServices and/or the Contents and filtersare at your own risk. The Contents and filters in the MEDIFYAIRServices could include technical inaccuracies or typographical errors. MEDIFYAIRmay make changes or improvements at any time.

    THE CONTENTSIN THE MEDIFYAIRSERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIFYAIRDISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEDIFYAIRDOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MEDIFYAIR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDIFYAIRDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE MEDIFYAIRSERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MEDIFYAIR ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDIFYAIRASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY MEDIFYAIR, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.

    You agree to defend, indemnify, and hold MEDIFYAIR, its affiliates, licensors, suppliers, and thirdparty service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "MedifyAirParties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the MEDIFYAIRServices, productsor Contents, or your violation of these Terms. MEDIFYAIRreserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

    . MODIFICATION OR SUSPENSION OF THE MEDIFYAIRSERVICES

    You agree that MEDIFYAIRmay, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the MEDIFYAIRServices, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

    MEDIFYAIRmakes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to theContents may not be legal by certain persons or in certain countries. If you access the MEDIFYAIRServices from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these

  • Terms for any reason whatsoever: Liability of MEDIFYAIRand its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.

    These Terms are governed in accordance with the laws of the state of Florida, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, theinvalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition orany other term or condition.

    . MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER

    Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with MedifyAirand affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  • Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service departmentat serviceteam@medifyair.comor MedifyAir, LLC, Attn: Customer Service, 1325 SW 30th Ave Deerfield Beach, FL 33442. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.

  • Applicable to the United States:Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

    There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE

    AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASSWIDE ARBITRATION, PRIVATE ATTORNEYGENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

    Arbitration shall be subjectto the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by American Arbitration Association AAA”) pursuant to the Commercial Arbitration Rules and Mediation ProceduresRules Amended and Effective October 1, 2013)and Consumer Arbitration Rules Rules Amended and Effective September 1, 2014Costs of Arbitration Amended and Effective September 1, 2018), (the “AAA Rules”) and as modified by this agreement to arbitrate.The AAARules, including instructions for bringing arbitration, are available on its website athttphttps://www.adr.org/index.php/Rules. The Minimum Standards are available athttps://www.adr.org/index.php/Rules

  • You and the Company must abide bythese rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award classwide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being costprohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

    With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid,unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable,or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Florida

    If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of MEDIFYAIRto exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

    Except as expressly provided in a particular notice or disclaimer posted by or on behalf of MEDIFYAIRon the MEDIFYAIRServices, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and MEDIFYAIRwith respect tothe use of the MEDIFYAIRServices and Contents.

    The Parties agree to this subscription agreement.

  • ACCEPTED AND AGREED TO BY:

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