Welcome and thank you for visiting myfilterking.com (the “Site”). Please read these Terms of Service (“Terms”) carefully, as they set forth the legally binding terms for using the site and the services offered. If you do not understand the Terms set forth herein or do not agree to be bound by them, please do not use the Site. Otherwise, for good and valuable consideration, the sufficiency of which is acknowledged by you and Filterking, LLC (“Filterking,” “Us,” “We,” or “Our”), who owns the Site, you hereby agree to become a subscriber to the Site, and agree to be bound by these Terms. Subject to these Terms, Filterking agrees to provide you all the privileges of a subscription to the Site that are available to subscribers in good standing. These Terms are subject to change by Filterking at any time, and changes are effective upon publication on the Site, with or without notice to you. Each one of the conditions set forth in these Terms is deemed material, failure to comply with any one of which may result in refused access to the Site and/or termination or suspension of your subscription.
As stated, by using this Site you will be deemed to have agreed to these Terms and to be bound by them, irrevocably. Further, in using this Site and accepting these Terms, you warrant that you are of legal age and have legal and mental capacity to enter into the agreement set out in these Terms. If you are not of legal age, do not have legal and mental capacity to enter into these Terms, or have not read these Terms in their entirety, please exit this Site and do not use it. By using this Site, you are indicating that you have understood and reviewed these Terms, and you will be bound by them. If you have you any questions or concerns that may affect your willingness to enter into these Terms, you must contact Filterking at [email protected] to discuss your questions or concerns before using this Site.
Please note that these Terms may be revised and reissued prospectively by posting updated terms on this Site. You consent and agree to visit the Site regularly to review the current terms and to receive notices of updates of these Terms by frequently reviewing the Site for updates. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
Your privacy is important to Us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Click here to show this notice, which forms part of these Terms. You agree and acknowledge that any usernames and passwords used for this Site are for your individual use only. You are responsible for the security of your username and password (if any). Filterking shall be entitled to monitor your username and password and, at its discretion, require you to change it if it is deemed insecure.
You acknowledge that in order to use this Site, you must obtain access to the Internet and pay any service fee associated with that access. You further acknowledge and understand that you need to provide all equipment necessary to connect to the Site on the Internet (e.g., a computer, modem, etc.).
This Site provides resume-building and related services. It is intended for use only by individuals seeking employment and/or career information. Use for any other purpose requires our written authorization, and use for any unlawful purpose is strictly prohibited. In accepting these Terms, you agree that you will not—and are prohibited from—collecting, storing, saving, distributing, exchanging, or transmitting any personal information regarding other users or any unlawful material. You also agree that if a third party claims that you have used the Site to facilitate any such collection, storing, saving, distribution, exchange, or transfer, that you bear the burden of proof in establishing legality.
Filterking may also provide job alerts or use third parties and automated search engines to match employment opportunities found on third-party job searching sites with your resume(s) or career profile(s) on this Site. Filterking may provide job alerts to you for such matches or that are otherwise responsive to a job search request submitted by you. We try to match the information available to ensure that the employment opportunities presented to you in job alerts match the type of career opportunities you desire. However, Filterking makes no guarantee that you will, in fact, receive career opportunities or job alert leads that you desire.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site. And, you are prohibited from using this Site or any of its services to spam users, compromise security, or tamper with system resources or accounts. The use or distribution of tools designed for spamming or compromising security is strictly prohibited. By way of example, you agree not to (a) send, create or reply to so-called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent); (b) engage in “spamming” (i.e., unsolicited emailing for business or other purposes); (c) utilize or transmit password-cracking programs or network cracking and probing tools; or (d) otherwise undertake any activity which may adversely affect the operation or enjoyment of this Site by any other person. If you become involved in spamming or any violation of system security, Filterking reserves the right to release your details to system administrators at other sites in order to assist them in resolving spamming and security incidents.
As set forth herein, use of this Site requires a subscription. Subscriptions may not be assigned or transferred to any other person or entity, nor may you provide any other person or entity access to your subscription, either directly or indirectly. This includes, but is not limited to, sending your username and/or password to other parties and making your username and/or password available where others may access them. You must keep your password strictly confidential. Allowing others to gain unauthorized access to this Site is a breach of these Terms.
To access this Site and its resources, you will be asked to provide registration details, including your name and contact information. Subject to these Terms and to the extent permissible under applicable law, your account information, resume(s), career history, educational history, reviews, responses, profile entries, posts, questions, career materials or any other information you provide on or through the Site may not be able to be deleted once uploaded. For some of the Site’s features, other subscribers may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop products, make connections with potential employers, personalize site views, market products or identify or feature popular subscribers. By posting or uploading any content to this Site, including personal information and resume information and/or providing any communication or material (“User Content”) to Filterking or this Site, you automatically and irrevocably:
It is a condition of use of this Site that all the details and User Content you provide be accurate (i.e., correct, current, and complete). You are solely responsible for the accuracy of the information you provide. You acknowledge that you have no ownership rights or privacy interests in your account subscription, in any email account you might register with this Site, or in the information you provide to this Site. If you request that your information be deleted, it will no longer be publicly available and to the extent permissible by law, Filterking will take all reasonable steps to delete it. Filterking has no obligation to maintain any account you open and may delete it if you provide inaccurate information or otherwise violate these Terms. Even if the information you provide is accurate and true, there are further limitations; you agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not Filterking, and that you are responsible for all material you upload, publicly post, or otherwise transmit to or through this Site. You further agree that you will only submit, transmit, or make available on this Site content and links for which you have the right to submit, transmit, or make available, and that you will not submit, transmit, or make available on this Site content and links that (a) advocates or promotes illegal activity or that may be considered to infringe or violate any law, including but not limited to intellectual property laws and related rights (e.g., right of publicity); (b) libels, defames, disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any person; (c) falsely misrepresents or impersonates your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (d) invades privacy, stalks, is obscene, pornographic, racist, sexist, abusive, harassing, threatening or offensive; (e) includes any sort of malware, malicious code, viruses, worms, or programs that deliberately interrupt, overload, slow down, speed-up, collapse, affect, destroy, or limit use of the Site; (f) solicits funds, advertisers, or sponsors. Additionally, if you store content through the Site that links to other sites, you agree to provide a reasonable amount of content to accompany such material to ensure that at least some of the traffic comes directly via the Site; “data warehouse” (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites) is prohibited.
Filterking grants a limited, non-exclusive and non-transferable license to you to access the Site and utilize its services for their intended legal resume-building and like purposes in accordance with these Terms during the period in which you are a current subscriber in good standing (i.e., up-to-date with subscription fees and in compliance with these Terms). Stated differently, Filterking grants you a limited, non-exclusive license to make use of this Site and any of its data files, program files, software, codes, and other content or materials that are provided through the Site or made available to download from this Site (“Material”) consistent with—and subject to your compliance with—these Terms. The Material and content on this Site may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed, or used in any way unless specifically authorized, in writing, by Filterking. The limited non-exclusive license does not grant you any rights to any software enhancements or updates of any kind, nor does it permit you to compete with Filterking in any way. Modification or use of any material or content on this Site for any purpose not permitted by these Terms is prohibited, not encompassed within the limited non-exclusive license, and may be illegal and subject you to legal action. The limited non-exclusive license extends only to you, and only to your personal use on a single computer only. You must not share your subscription with any individuals or entities, nor access your subscription through this Site using multiple computers. As set forth elsewhere in these Terms, Filterking will store on its servers the resume(s) you create, and you may access and download these resume(s) during the period in which you remain in good standing. The Site and its incorporated materials and services may only be used in accordance with these Terms. You may not remove any proprietary notices from the Site at any time. Any authorization to copy or download material granted by Filterking in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment, and job-seeking uses/purposes on a single computer only, and subject further to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products (based in whole or in part) on such software is prohibited.
Filterking will consider anything you provide to Filterking or contribute to this Site as available for our use free of any obligations to you (including any payment), except as qualified herein. You hereby authorize Filterking to, from time to time and at its sole discretion, disclose your physical address to third-parties for marketing purposes. Also, from time to time, areas on this Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions, as they will affect your legal rights. If no such additional terms govern those Invited Submissions, then these Terms will apply in full to same. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of your ideas, content, or submissions that you submit to this Site.
To delete your User Content, including any resumes or cover letters, or to deactivate your account, please send a request to [email protected] and include “Deletion Request” in the subject line. In the body of the email, please identify the nature of the content for which deletion or deactivation is requested. Please note that if your User Content, including your personal information, was previously accessed by others using Filterking applications, we will be unable to delete your User Content from their systems. Please also note that when you deactivate your account or ask that we delete your User Content, we may retain logs and non-personally identifiable information about you along with an archival copy of your information. This information is often needed for recordkeeping and internal purposes, but will no longer be made accessible to you or third parties.
This Site and the material incorporated by Filterking on this Site, including data files, program files, software, codes and other materials that are made available to download, are protected by copyrights, patents, trade secrets, and other proprietary rights. Some of the trademarks, trade names, characters, logos or other images incorporated by Filterking on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Filterking or others. The use or misuse of the foregoing intellectual property, except as permitted herein, is strictly prohibited. Nothing stated or implied in these Terms or on this Site confers on you any license or right to the intellectual property incorporated on this Site, whether or not registered. Infringement of the intellectual property on this Site may result in legal action against you. Except for material in the public domain or otherwise licensed for electronic and public dissemination, all materials and content displayed on or otherwise available through this Site are proprietary. All rights are reserved.
Filterking respects the intellectual property rights of others and expects its subscribers and Site visitors to do the same. Filterking has not intentionally infringed the intellectual property rights of others. If you believe that any content appearing on this Site infringes your copyright rights, please advise Filterking so that Filterking may promptly adequately address the allegation by forwarding the following information to Filterking LLC: (a) your name, address, telephone number, and e-mail address; (b) a description of the copyrighted work that you claim has been infringed; (c) the exact URL or a description of each place where alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; (e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and (f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright Filterking or authorized to act on the copyright Filterking’s behalf.
You agree that the Site and all of its incorporated materials, information, software, facilities, services, and content are provided “AS IS” and “AS AVAILBLE,” without warranties or conditions of any kind, whether express, implied, or collateral. To the fullest extent permissible pursuant to applicable law, Filterking and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, and assigns disclaim all warranties of any kind, including, without limitation, warranties as to the availability, accuracy, or content of Materials, information, products, or services or warranties of non-infringement, merchantability, or fitness for a particular purpose. Filterking does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. Filterking does not warrant or make any representations or conditions of any kind regarding the use or the results of the use of the materials, information, software, facilities, services, or other content on the Site (or any websites linked to the Site). Filterking and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, and assigns assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or other content on the Site (or any websites linked to the Site). Your use of this Site is at your own risk. The entire risk as to the quality and performance of the Site and its materials, information, software, facilities, services or other content is borne by you and not Filterking. Should the Site or any of its materials, information, software, facilities, services or other content prove defective, inaccurate, or somehow cause any damage or inconvenience to you or your computer, you and not Filterking agree to assume the entire cost of any and all resulting damages. You acknowledge that this disclaimer of warranty constitutes an essential part of these Terms.
Some states and other jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. If applicable law does not allow the exclusion of some or all of the above warranties or conditions, the above exclusions will apply to you to the extent permitted by applicable law.
Filterking does its best to describe its services and resources offered on this Site as accurately as possible. Since human error is inevitable, however, Filterking does not warrant that its descriptions and specifications are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Filterking shall have the right to refuse or cancel any subscriptions or orders in its sole discretion. If your credit card has been charged prior to cancellation, Filterking will issue a credit to your account in the amount of the charge. Additional terms may apply.
This Site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, job candidates or material that some people may find inappropriate or offensive. You acknowledge and understand that these other sites are not under the control of Filterking, and that Filterking is not responsible for the accuracy of job postings or candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Filterking or any association with its operators. Filterking does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against Filterking or its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, and assigns with respect to such sites. Filterking strongly encourages you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with third parties.
Filterking DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Filterking or any of its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, or assigns HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT Filterking, its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, or assigns) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE. THESE LIMITATIONS OF LIABILITY ARE DELIBERATELY BROAD IN SCOPE AND EXCLUDE, BY WAY OF EXAMPLE ONLY, LIABILITY FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIALS, DATA, CONTENT, OR OTHER COMMUNICATIONS. Under no circumstances and under no cause of action or legal theory shall Filterking, its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, or assigns be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character, including, without limitation, damages for lost goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of the Materials or other use of this Site. REGARDING LIABILITY TO YOU IN CONNECTION WITH THIS SITE OR THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF Filterking (OR its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, or assigns) EXCEED THE AMOUNT OF THE SUBSCRIPTION FEE (IF ANY) PAID BY YOU TO Filterking FOR THE MONTH IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY. You acknowledge that thESE LIMITATIONS OF LIABILITY constitute essential parts of these Terms.
Some states do not allow limitations or exclusions of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you, and you may have other legal rights that vary from state to state or by jurisdiction. If applicable law does not allow the exclusion of some or all of the above limitations and exclusions, the above limitations and exclusions will apply to the extent permitted by applicable law.
If you have a dispute with one or more users (including merchants), you release Filterking and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, assigns, and licensees from claims, demands, liabilities, costs, expenses, and damages of every kind and nature—actual and consequential, known and unknown—that arise out of or in any way relate to or are connected with such disputes, the Site, or these Terms. This release is deliberately broad in scope to include any and all disputes arising out of this Site, including, without limitation, Filterking’s use or disclosure of content and information you provide to the Site. To the extent permitted by applicable law, in entering this release you expressly and knowingly waive any and all protections (whether statutory or otherwise) that would otherwise limit the coverage or scope of this release in some manner.
You agree to fully indemnify and hold harmless Filterking and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting, directly, indirectly, or consequentially, from Filterking’s use of content you submit to this Site, from your subscription or account with this Site, and from your breach of these Terms. Your indemnity obligations cover damages resulting from loss revenue, loss of property, fines, attorneys’ fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizures, forfeitures, and injunctions.
By proceeding to use the resume-building and related services of this Site, you agree to subscribe for a seven-day trial version to access the Site’s services for $1.95. Unless cancelled prior thereto, upon conclusion of the seven-day trial, your subscription to the Site will continue and you will be automatically charged $29.80 every twenty eight (28) days until cancelled. For your convenience and satisfaction, all subscriptions will automatically renew until cancelled. Thus, you agree that Filterking and its third party vendors may store your payment information. Subscription rates, as further set forth on the offer page on this Site, are subject to change without notice at any time and for any reason including, but not limited to, fluctuations in currency conversion/exchange rates.
Again, today’s charge is $1.95. If you do not cancel prior to the end of the trial period, you are agreeing to continue as a regular subscriber, and membership fees will renew automatically at $29.80 thereafter every 28 days until cancelled. Until and unless you request termination of your subscription according to the terms hereof, you authorize Us to charge your credit card on a recurring 28-day basis. Your obligation to pay subscription fees continues through the end of the subscription period during which you cancel your subscription. If you have a question about a transaction on your credit card or wish to cancel a trial subscription, please contact Us at [email protected], as set forth herein.
Filterking does not support all payment methods; payment for this Site must be made by credit card. If the credit card you use with Us reaches its expiration date and you do not edit your payment method information or cancel your subscription, you authorize Us to continue billing your credit card, and you agree to remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Unless you have good reason to believe that the credit card used to purchase your subscription has been lost or stolen, you agree not to report it as lost or stolen. Nor will you dispute any charge authorized by your use of the Site consistent with these Terms. You agree and acknowledge that if you fraudulently report the credit card used for this Site as stolen, or if you fraudulently report that an authorized charge by us is unauthorized, you shall be liable to Us for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth herein.
You must promptly inform Us of the following: (a) changes in the expiration date of any credit card used in connection with this Site; (b) changes in home or billing address; and (c) apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until we are notified, by conventional mail, web-site form, e-mail or by telephone of a breach in security, you will remain liable for any unauthorized use of this site. Filterking will provide you, upon request, access to billing records that support charges for use of this Site.
Please note that depending on where you transact with us, your purchase may be subject to foreign exchange fees or differences in prices because of exchange rates. We are not responsible for any such foreign currency exchange fee or surcharge, and we will not make any compensation or reimbursement for such charges.
We may terminate your subscription at any time for your failure to remit the agreed upon subscription fee or for your failure to abide by these Terms. Even if your subscription is terminated, your obligation to pay subscription fees continues through the end of the subscription period during which your subscription was terminated. To cancel your subscription, whether a trial or regular subscription, please contact Us via e-mail at [email protected], and include in the subject line “Termination Request.” To improve our services, we encourage you to identify in the body of the e-mail the reason for your cancellation, together with any suggestions you may have for Filterking to improve the Site and its services. Please recall that while you may cancel your subscription at any time, your obligation to pay subscription fees continues through the end of the subscription period during which you cancel your subscription. Please note that while refunds may sometimes be granted on a case-by-case basis, they are the rare exception to the rule and are granted, if at all, at Filterking’s sole discretion.
If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not.
You can return a product for up to 30 days from the date you purchased it.
By purchasing or canceling a subscription, you hereby agree to receive an e-mail confirmation that may confirm your purchase or cancellation and that may include important details about your purchase or cancellation, including but not limited to, order/cancellation date, subscription ID, username/password, and Filterking’s contact information for any inquiries regarding the subscription purchased or canceled.
If you are not 100% satisfied with your purchase, you can return the product and get a full refund. You can return a product for up to 30 days from the date you purchased it.
The Materials and all other content on this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
If you are a United States resident, then, you agree that, to the fullest extent permissible by law (with the exception of disputes pertaining to Filterking’s intellectual property rights and certain statutory claims that are not arbitrable pursuant to law), any dispute of any kind between you and Filterking arising under these Terms shall first be addressed through informal negotiation. If, after good faith efforts, informal negotiation does not resolve the dispute, then you and Filterking agree to resolve any such dispute, claim, or controversy through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures, on an individual basis and with no class relief. Either you or Filterking may commence the arbitration process. The arbitrator shall be a retired judge or justice of any Florida state or federal court with substantial experience in the internet industry and shall follow Florida substantive law in adjudicating the dispute. This Paragraph shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and Filterking agree that this Paragraph is intended to satisfy the “writing” requirement of the FAA. For any claim in which $10,000.00 or less is sought, you shall have the choice as to whether a hearing is required and, if so, whether it shall be conducted in person or by telephone. Any hearing shall be conducted in Miami-Dade County, Florida or, if this venue is disallowed by law or if Filterking so consents, in the county that encompasses the billing address you have provided to Filterking. Where permitted by law, you and Filterking shall bear your respective costs and fees incurred in the arbitration, and will equally split the cost and fees of JAMS and the arbitrator. If fee-splitting is disallowed, then Filterking shall pay the costs and fees of JAMS and the arbitrator for those claims that the arbitrator determines are not frivolous. Judgment on any award rendered by the arbitrator may be entered in the Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
If you are not a United States resident, then, you agree that, you will send Filterking written notice to [email protected] providing a reasonable description of any controversy, dispute, allegation, or claim (including any non-contractual claim) that arises out of or relates to the Site or these Terms, along with a proposed resolution of the controversy, dispute, allegation, or claim. Likewise, if Filterking has such a controversy, dispute, allegation, or claim against you, a non-US resident, Filterking will send you a similar notice based on the most recent contact information that you have provided. If no such information exists or if such information is not current, then Filterking has no obligation under this Paragraph. For a period of sixty (60) days from the date of receipt of notice from the other party, Filterking and you will engage in a dialogue in order to attempt to resolve the controversy, dispute, allegation, or claim. Nothing in this Paragraph will prevent Filterking or a non-US resident from pursuing their claims in court or another complaint process. Should legal action occur in court, you and Filterking hereby stipulate to personal jurisdiction in Miami-Dade County, Florida, and designate that location as the proper venue for judicial resolution. Filterking does not submit or stipulate to personal jurisdiction in any other location. To the extent permitted by law, AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
As noted in the Paragraph above, irrespective of whether or not you are a U.S. resident, you agree that any arbitration, lawsuit, or claim that bring against Filterking shall be limited to an individual basis and with no class relief. You hereby agree that you may only bring claims against Filterking (and its respective officers, directors, employees, agents, subsidiaries, affiliated companies, contractors, assigns, etc.) in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Additionally, by entering into these terms you and Filterking each knowingly and irrevocably waive the right to trial by jury.
Except as set forth in Paragraph 27 (which may call for dispute pursuant to the FAA), to the fullest extent permitted by applicable jurisdiction, these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Florida (without regard to the conflicts of laws principles thereof), as they are applied to agreements between Florida state residents entered into and to be performed entirely within the State of Florida (except as governed by Federal law, to the extent applicable). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be made and communicated by you to Filterking (or by Filterking to you) within one (1) year after such claim or cause of action arose or be forever barred.
Filterking makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
This Site is controlled, owned, and operated by Filterking. To make a general inquiry, comment, or complaint, or to ask a question regarding privacy or legal compliance, please direct all inquiries to [email protected].
Filterking reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and any software, facilities and services on this Site, with or without notice. Filterking also reserves the right to modify, change, establish, and implement general guidelines and limitations regarding use of this Site and any software, facilities or services of this Site. Filterking further reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mail you make or send to Filterking, the Site, or any user of the Site. Filterking may seek to gather information from the Site subscriber or visitor who is suspected of violating these Terms, and from any other user. Filterking may suspend any subscribers whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Filterking believes, in its sole discretion, that a violation of these Terms has occurred, it may remove the material permanently, cancel postings, warn subscribers, suspend subscribers and passwords, terminate accounts or take other corrective action it deems appropriate. Filterking will fully cooperate with any law enforcement authorities or court order requesting or directing Filterking to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF Filterking FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF Filterking DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF Filterking OR LAW ENFORCEMENT AUTHORITIES.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be reformed only to the extent necessary to make it enforceable. Further, any unlawful, void, or unenforceable provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms as set forth herein constitute the entire agreement between you and Filterking relating to the Site and matters contained herein. These Terms supersede all prior assumptions or written and oral understanding and representations. These Terms may not be amended by you without notice to and consent of Filterking. Unless otherwise explicitly stated, the provisions of the Terms shall survive its termination.