Terms

Welcome to the Clearly Filtered® website, www.ClearlyFiltered.com (“Site”). Below you will find the terms and conditions that govern your use of ClearlyFiltered.com. By using our Site you confirm your agreement to the following terms and conditions (“Agreement”). Clearly Filtered® reserves the right to change these terms and conditions at any time and for any reason.

Intellectual Property

Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Clearly Filtered®. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of this Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

User Content (Feedback & Comments)

All comments or user feedback submitted in the form of emails, images, letters, suggestions, ideas, artwork, etc. (“User Content”) to Clearly Filtered® shall be considered the sole and rightful property of Clearly Filtered®. Clearly Filtered® can use these comments in any manner at its sole discretion. Clearly Filtered® is not required to pay compensation for any User Content nor is Clearly Filtered® obligated to hold any User Content privately. Clearly Filtered® will retain exclusively all rights, titles, and interests for any User Content disclosed to Clearly Filtered®.
You are solely responsible for any User Content that you disclose to Clearly Filtered®. You agree to not post, transmit, or communicate any of the following:
Content that violates the rights of any third-party.
Any sexually explicit, pornographic, or otherwise obscene User Content. Any material that may be objectionable to Clearly Filtered®.
Clearly Filtered® is not liable for any User Content communicated by any third party. Any violation of this agreement may result in your termination or otherwise exclusion from using this Site.

Nothing in this section will be interpreted to grant Clearly Filtered, Inc., any ownership interest in a review posted or shared by an individual covered by the Consumer Review Fairness Act: you assign Clearly Filtered a non-exclusive, royalty free, irrevocable, worldwide, and perpetual license to use, publish, copy, and share any such communication.

Orders

Under its sole discretion, Clearly Filtered® reserves the right to refuse, limit, edit, delete accounts, or cancel any order. If your transaction has been confirmed for an order that is later canceled, Clearly Filtered® shall issue you a refund.

International orders are fulfilled by Passport Global, Inc., (“Passport”). For orders to the United Kingdom and the European Union (this does not include UK territories or EU candidate countries), Passport is the owner and seller of the products you order from us. In all cases, it will be necessary for us to share your personal information with Passport for them to fulfill the order or sell you the products to complete your requested order. We only share your information for the purpose of facilitating the order you place with us. If you directly share any of your personal data with Passport, including any direct communications you have with Passport with respect to completing orders or receiving customer service with respect to orders to the United Kingdom or the European Union, please be aware that your data is also likely subject to Passport’s own Privacy Policy, which can be found here.

Product Descriptions, Availability & Pricing

Clearly Filtered® attempts to be as accurate and complete as possible in describing its product merchandise. We do not guarantee that all product descriptions are accurate. In some cases, merchandise displayed at the Site may not be available for sale or immediate shipping. Clearly Filtered® does not warrant that all product is available.
All product prices at the Site are quoted in U.S. Dollars.

Shipping Carriers

All Clearly Filtered® products are transported via an unaffiliated independent shipping carrier. Any and all products purchased on this Site are delivered to you via these independent shipping carriers. Clearly Filtered® is not responsible for any damage or loss incurred to your purchased products by these unaffiliated independent shipping carriers.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, we cannot guarantee that your monitor’s display of any color will be accurate to the actual product.

Coupon Codes

All coupon codes valid on the site are only valid for single purchases and are not applied to any future order prices or are locked in as that set price, unless otherwise stated. 

Subscription Autoship Program

Clearly Filtered autoship and save customers are entitled to discounted replacement filters automatically shipped to your door at regularly set intervals. We will charge your credit card per the month option you select for the duration of the program. You will receive a new filter at our best pricing ever and receive free shipping. By clicking the button to add to your cart with filter autoship subscription, you consent to having your credit card be billed at the selected interval for replacement filter(s). You acknowledge that your autoship subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges without further authorization from you until you cancel your autoship subscription or change your payment method.

This program does not constitute a contract, there are no termination fees. You may cancel your autoship subscription in the subscription portal or by emailing us at info@clearlyfiltered.com. Cancellations and changes made through your subscription portal must be completed by 4:00 PM PT on the day before your next order is scheduled to process. Cancellation and change requests via email must be submitted by 4:00 PM PT on the day before your next order is scheduled to process. If your order is scheduled to process over the weekend, your email cancellation or change request must be submitted by 4:00 PM PT on the Friday before that weekend. If you cancel or make changes after the cutoff, you will still be charged for and receive the next shipment. Autoship subscription orders can be returned via our return policy.

Links to Other Websites

Clearly Filtered® may provide links to websites of entities other than Clearly Filtered®. Clearly Filtered® is not responsible for any content or associated links or transmissions from such sites. Clearly Filtered® does not endorse the content or operations of such Web Sites. Clearly Filtered® merely provides these links for the convenience of the user.
Clearly Filtered® is not liable for any losses or damages incurred from the use of any linked Web Sites.
Copyright Infringement Notification
If you believe that materials hosted and accessible at this Site constitute an infringement on your copyright, please provide Clearly Filtered® with the following information:
• Please identify the copyrighted work that you claim has been infringed upon.
• An identification of the supposed copyrighted work’s location at this Site.
• Your contact information, including name, phone number, physical address, and email.
• A statement that in your good faith you believe the aforementioned copyrighted content to be used without the legal authority of the its copyright owner.
• A statement that your notification is accurate under penalty of perjury, and that the signatory is acting on behalf of the copyright owner.
• An electronic or handwritten signature of the copyright owner or the authorized figure acting on the owner’s behalf.

Please mail or email any Copyright Infringement Notifications to:

Physical Address:
Clearly Filtered
23121 Arroyo Vista Suite B
Rancho Santa Margarita, CA
92688

Virtual Address:
info@ClearlyFiltered.com
Site Access:
www.ClearlyFiltered.com

Termination

Under its sole discretion, Clearly Filtered® reserves the right to terminate this agreement at any time. Clearly Filtered® can also limit or restrict your access to this Site, including, but not limited to, if you break any of the terms of this agreement.
Indemnification
You agree to defend, indemnify, and hold harmless Clearly Filtered® and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, licensors, suppliers, co-branders or other partners from and against any and all allegations, complaints, losses claims, demands, actions, causes of action, orders, damages, losses, liabilities, costs and expenses (including attorney’s fees and other legal expenses), incurred by Clearly Filtered® arising from or related to your use of the Site, your violation of this Agreement, or your violation of any Third Party rights.
Disclaimer
THIS SITE IS PROVIDED BY CLEARLY FILTERED INC ON AN “AS IS” BASIS. CLEARLY FILTERED INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLEARLY FILTERED INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. CLEARLY FILTERED LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.

Miscellaneous

Clearly Filtered® may choose to close, discontinue, or edit this Site, its content, and/or its operations at any time and at its sole discretion. In using this Site, you agree that no professional affiliations, partnerships or employment, exists between you and Clearly Filtered®.
If Clearly Filtered® fails to enforce any of these provisions, this does not by any means waive Clearly Filtered’s right or ability to enforce these provisions upon any subsequent breaches of this agreement. Should any part of this Terms & Conditions agreement be invalid or unenforceable under law, the unenforceable provision will be adjusted in accordance with applicable law in order to reflect the original intention of the invalid provision, and the remaining portion of this agreement shall continue in full force and effect.
A printed version of this agreement and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms & Conditions agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms & Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California and/or the Central District of California.
This agreement supersedes all previous, oral or written, communications between you and Clearly Filtered® regarding this Site.
All rights not expressly granted herein are hereby reserved.

SMS/MMS Mobile Message Marketing Program Terms And Conditions

Clearly Filtered (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Clearly Filtered and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotions, payment, delivery and sale of digital and physical products, services, and events. Messages may include checkout reminders. 

Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@clearlyfiltered.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Rancho Santa Margarita, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Clearly Filtered’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington Law: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.