Terms and Conditions of Sale, Refund Policy and Disclaimer
Effective Date: April 1st, 2015
All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2015, Orca Filters LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Orca Filters. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Orca Filters is strictly prohibited.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCA FILTERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Orca Filters often obtains item photographs from third party vendors and/or manufacturers. We do not investigate to determine if information is accurate nor can we provide assurance that all data is free of typographical errors. We cannot guarantee information displayed on the Web site to be 100% accurate.
While guest access to the Orca Filters is allowed, access may also be accomplished through the use of a LOGIN ID number and a password, which you will create. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Orca Filters promptly of any unauthorized use of your password and you will remain liable for any use of the Orca Filters online service until you notify Orca Filters of the unauthorized use of your password.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Orca Filters reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
You are responsible for, and agree to pay in advance, all charges to incurred in using this Site, including applicable taxes and purchases by you or anyone you allow to use your LOGIN ID number and password. In the event electronic payment is denied, Orca Filters may impose a fee to cover the cost of any charges incurred. If you fail to pay any invoices or charges on account, when due, Orca Filters may charge such amount directly to the credit card identified in your Customer profile and Orca Filters may suspend or terminate your access to the Orca Filters online service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Orca Filters may incur in its efforts to collect any unpaid balances from you. Your right to use the Orca Filters online service is subject to limits established by Orca Filters. If payment cannot be charged to your credit card or a payment is returned to for any reason, including chargeback, Orca Filters reserves the right to suspend or terminate your access to the Orca Filters online service and your customer account.
Orca Filters also reserves the right to establish a credit limit for your account.
Orca Filters offers a 14 day refund policy. If you are dissatisfied with our product for any reason, simply Contact Us and request an RMA number.
Provided we receive your request within 14 days of your date of purchase and the product is returned in it's original packaging and in the condition we shipped it to you with no damage, we will refund your purchase price less shipping. We must receive the product no more than 30 days after your order date.
You pay for shipping to return the product to us.
Orca Filters uses a third party payment system operated by Shopify.com. The Shopify web browser application encrypts your credit card and other information so that it cannot be read as the information travels over the Internet. No credit card information is retained after a transaction has been successfully completed.
In servicing your account, Orca Filters, may also collect addresses, contact names, telephone numbers and fax numbers, as well as e-mail addresses. This data may be used by Orca Filters for the purpose of improving customer service and/or offering or furnishing products and services of Orca Filters. It is our policy that we DO NOT provide collected data to third-parties outside of Orca Filters unless it is necessary to do so in order to enable us to provide an appropriate level of service to users.
Suspension of Service
Orca Filters may suspend or terminate the Orca Filters online service at any time for any reason with or without notice to you. Orca Filters reserves the right to collect any outstanding fees and charges incurred before you cancel your Orca Filters online service.
Limitation on Liability
IN NO EVENT SHALL ORCA FILTERS OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ORCA FILTERS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES.
Internet Protocol (IP) Address
An IP address is a number that is automatically assigned to your computer every time you browse the Internet. When users request a page from our site, our servers log the users current IP address. We use IP addresses to help diagnose problems. We do not link IP addresses to any personal information about you. However, as users navigate the OrcaFilters.com Web site, their movements around the site may be monitored and analyzed in order to enable us to provide a Web site with improved functionality, usability and efficiency. These movements around the OrcaFilters.com Web site may also be monitored and analyzed to enable us to provide users with Orca Filters-specific customized information which we believe may be of interest as a result of their relationship with Orca Filters.
“Cookies” are strings of text that a Web site transmits to a user’s computer. Cookies enable a Web site to keep track of a user’s preferences and activities relating to that Web site. OrcaFilters.com creates a cookie for each visit in order to facilitate your visit. When you create a customer profile a permanent cookie is used to remember the information in your profile. This cookie does not expire unless you deactivate your personal profile.
Delivery of Services
Orca Filters or OrcaFilters.com currently provides service referenced in the “Order Status / Tracking” section of this web site. Orders may arrive in multiple packages and on separate days with multiple Product Order Forms (POs) depending on type of and volume of product ordered. Orca Filters or OrcaFilters.com reserves the right to refuse delivery. Neither Orca Filters or OrcaFilters.com is liable for delays or prevention of delivery due to unforeseen circumstances, or acts of God. This may include weather conditions, traffic conditions, and / or mechanical difficulties.
Tax Exempt Transactions
This site does not support tax exempt transactions. All qualified tax exempt transactions can be made via email order to firstname.lastname@example.org. All orders placed thru OrcaFilters.com within the State of Colorado are displayed with tax as an estimate. All estimates for tax will be corrected upon shipment of the product(s) ordered.
Links to Other Web Sites
Orca Filters has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Orca Filters of the site. Use of any such linked web site is at the user's own risk..
Product Reviews, Manufacturer Descriptions, Tips & Tricks, and FAQs:
Any content submitted to this Site, Reviews, Comments, Communications and the like (herein known as "Comments"), become the property of the Site upon submission. By submitting the Comments, you acknowledge your legal rights to submit such information and agree to the assignment to Orca Filters, Inc. of all rights, titles and interest both in the United States and Internationally for all Copyrightable and intellectual properties in the Comments.
Once the Comments are submitted, Orca Filters may use the Comments in any fashion it deems appropriate. By using the Comments, Orca Filters is under no obligation to maintain any Comments in Confidence, to compensate for any Comments, or to respond to the authors Comments. Further you agree to not hold Orca Filters liable for any costs and/or damage caused from instructions or recommendations from comments. Orca Filters recommends any work be performed by a licensed professional. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "SPAM".
Further, Orca Filters reserves the right though not the duty, to monitor and/or edit or remove any Comments submitted to the Site. You grant Orca Filters the right to use your name (or alias), supplied at your submission in connection with any Comments. Since we may desire to respond on some Comments, you agree not to supply a false email address, impersonate any person or entity, or otherwise provide misleading information as to the origin of any Comments you submit.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Our product is covered by a product disclaimer that can be found at http://orcafilters.com/pages/product-disclaimer