These Terms of Use (the “Terms of Use”) govern the use by any and all users (“User”) of https://eliteairfilters.com/(the “Site”) and the products and services offered on the Site (the “Services”). The Site is hosted on Shopify, which provides us with the online e-commerce platform allowing us to sell our Services. These Terms of Use also include the Privacy Policy and all other disclaimers on the Site, all of which are incorporated herein by reference. Elite Air Filters reserves the right to amend these Terms of Use from time to time and the User should periodically review such Terms of Use for any updates thereto.

1. Binding Agreement

These Terms of Use constitute a binding agreement between the User and Elite Air Filters, and all affiliates, parent companies, and subsidiaries thereof (collectively referred to herein as “Elite Air Filters”) and are deemed as accepted by the User’s use of the Services each and every time the User accesses the Services. If you do not accept these Terms of Use, then you should not and may not use the Services.

2. Definitions

The following definitions are used herein and apply to the Terms of Use:

“Content” means all content on this site, including without limitation, the compilation and display of any content, text, including editorial, navigational or instructional text, graphics, logos, buttons, photographs, drawings, images, design, layout, code, programming, methodologies, processes or compilations utilized, and/or any other intellectual property utilized on the site.

“Services” means any products sold and services provided by Elite Air Filters and/or its affiliates on the Site.

“Site” means “https://eliteairfilters.com/”

“User” means any person or entity accessing the Site.

3. General Use of Services and Content

The Site is intended for the purpose for the sale of air filters and other air filtration products and related services thereto. Users must be at least 13 years of age to visit and/or use the Site in any manner whatsoever. If older then the age of 13, but under the age of 18, or any other age of majority in the User’s jurisdiction, then such User must only use the Site and Services under the supervision of a parent, legal guardian or other responsible adult.

Users are authorized to use and access the Site subject to these Terms of Use. Use of the Site is further subject to any contracts Users enter into with Elite Air Filters in regard to use and to the extent there is any conflict between these Terms of Use and any contract entered with Elite Air Filters, the terms of the contract will control. Such use may not be resold or assigned.

The Content is the sole and exclusive property of Elite Air Filters, is protected by copyright, trademark and/or other applicable legal protections, and may not be reproduced, sold, modified, displayed, distributed, or otherwise be used or misused for any commercial purpose outside of the Services without the express written consent of Elite Air Filters. Further, the Content may not be used on any other website, advertising, marketing materials, or any other document without first obtaining the express written permission from Elite Air Filters. Any unauthorized use of the Content is strictly prohibited, may be a violation of applicable laws, and Elite Air Filters reserves all rights and remedies, including legal and equitable remedies, against any violator for any unauthorized use of the Site, Content and/or Services.

The Site may not be used for any other commercial purposes other than those set forth herein. Users further agree to not:

Elite Air Filters reserves the right, at its sole and exclusive discretion, to pursue all of its legal remedies, including but not limited to terminate or restrict the use of the Site or Services by any User.

1. Products and Services

Certain products or Services may be available exclusively online through the Site. Elite Air Filters has made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Elite Air Filters reserves the right, but is not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Elite Air Filters may exercise this right on a case-by-case basis. Elite Air Filters reserves the right to limit the quantities of any products or Services that it offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Elite Air Filters. Elite Air Filters reserves the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. While Elite Air Filters strives to meet all of your expectation, Elite Air Filters does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

2. Privacy Policy. Elite Air Filters

Values the privacy of its Users and has adopted a Privacy Policy regarding the processing of any personal information. The current Privacy Policy is located at https://eliteairfilters.com/policies/privacy-policy and all provisions contained therein are incorporated into these Terms of Use.

3. Disclaimer of Warranty, Consequential Damages and Limitation of Liability. Elite Air Filters

Neither expressly, nor impliedly, and to the full extent allowed by applicable laws, warrants or guarantees any use of the Site, and expressly disclaims any warranty or guarantee as to the accuracy of any Content, that the Services will operate without error, or that the Site is free of any computer viruses or other harmful content. To the fullest extent allowed by applicable law, Elite Air Filters shall not be liable for any damages to any User, including without limitation, incidental damages, consequential damages, lost profits, damages arising from any lost data, damages relating to any interruption of business, lost employment opportunity, and/or the inability to use the Services, whether based in contract, tort, equity, or any other legal theory, including whether or not Elite Air Filters has been advised of the potential for any such claimed damages. Elite Air Filters may also experience service interruptions and downtime, including for its own servicing and updating of the Site. When related to service, Elite Air Filters will endeavor to complete such servicing during what it deems in its reasonable discretion to be optimum time and to minimize interruption to the Site and Users. DESPITE THE FOREGOING AND TO THE EXTENT THAT ELITE AIR FILTERS IS FOUND LIABLE FOR ANY DAMAGES ARISING UNDER ANY CAUSE OF ACTION OR CLAIM, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ELITE AIR FILTER’S LIABILITY SHALL NOT EXCEED $250.00. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

4. Indemnity

Users agree to defend, indemnify, and hold harmless Elite Air Filters, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions, demands, damages, attorney’s fees and costs, arising from (i) any User’s use of any Content, and/or (ii) any User’s breach of these Terms of Use. Elite Air Filters will make all reasonable efforts to notify the User of any claims, actions or demands brought against it and to reasonably assist the User in providing any information it maintains in regard to such claims, actions or demands.

5. Waiver

No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. Elite Air Filters’ failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect Elite Air Filters' ability to enforce such term at any point in the future.

6. Intellectual Property Policy and Notification of Claimed Copyright or Trademark Infringement

Elite Air Filters respects the trademarks, copyrights and/or other intellectual property of others and expects that all Users of Elite Air Filters will do the same. Accordingly, the unauthorized use of any intellectual property belonging to another without express permission is expressly prohibited. If any person or entity believes that any content uploaded on Elite Air Filters violates and/or infringes on any copyright or trademark, then please send an email tosupport@eliteairfilters.comor by regular mail to:

Elite Air Filters

Attn Elite Air Filters - California Privacy

6050 E Tropical Pkwy Ste 100

Las Vegas, NV 89115

Upon receipt of such notice and/or upon discovery of any infringement by Elite Air Filters, Elite Air Filters expressly reserves the right, in its sole and absolute discretion, to remove any materials it believes constitutes infringement of another person’s or entity’s intellectual property rights. Repeat offenders may be blocked by Elite Air Filters. Such takedown may occur with or without notice, and without any liability from Elite Air Filters to the User, though Elite Air Filters will endeavor to notify the impacted User. In the event any material is taken down or a User has been blocked, and the User believes that such action has wrongfully been taken by Elite Air Filters, then please contact Elite Air Filters as set forth above.

1. Choice of Law and Forum

These Terms of Use are governed by the internal substantive laws of the State of Nevada, without respect to any conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Clark County, Nevada.

2. Arbitration

Any controversy or claim arising out of or relating to the User’s use of the Services or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Clark County, Nevada, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or Elite Air Filters may seek any interim or preliminary relief from a court of competent jurisdiction in Clark County, Nevada, deemed necessary to protect the rights or property of the User or Elite Air FIlters pending the completion of arbitration. This arbitration clause does not prohibit either Elite Air FIlters or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within Clark County, Nevada.

3. Notices

Any notices to Elite Air Filters should be emailed tosupport@eliteairfilters.comand/or delivered by first class mail to:

Elite Air Filters

Attn Elite Air Filters - California Privacy

6050 E Tropical Pkwy Ste 100

Las Vegas, NV 89115

4. Savings Clause

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

5. Use of the Site through Mobile Services

Use of the Site through a mobile device may result in the transmission of information to Elite Air Filters regarding the User’s mobile device, carrier, and your physical location. Further, use of the Site may also result in information and data being displayed on the User’s mobile device. By accessing the Site, Users agree and acknowledge that they have authority to utilize the mobile device and are responsible for all charges associates with accessing the Site. Further, Users agree that any contact information with Elite Air Filters will be updated should the number associated with the mobile device be changed or deactivated, as otherwise information may continue to be transmitted by Elite Air Filters to the mobile device.

6. Use of the Site or Services Outside of the United States

Use of the Site and Services is limited to those Users located in the United States and Canada. However, Elite Air Filters makes no claims or representations whether the Site may be lawfully viewed or accessed outside of the United States and Canada. Use of the Site may not be legal by certain persons or in certain countries. Any access to the Site is done so at the User’s own risk and Users are responsible for compliance with the laws of their jurisdiction. Any software downloaded from the Site is further subject to United States export control laws and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, User represents, warrants, and otherwise agrees that he, she or it is not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

7. Captions not Controlling

The captions appearing in these Terms of Use are descriptive only and for convenience in reference throughout these Terms of Use, and shall not define, limit or describe the scope or intent of these Terms of Use, nor in any way effect these Terms of Use.

8. Term, Amendment and Termination

These Terms of Use shall remain in full force and effect and apply to all use of the Site and Services. Elite Air Filters reserves the right to amend these Terms and Conditions and may do so by updating and revising this page. Any revisions will be binding upon Users upon the stated effective date at the bottom of this page and Users consent to these Terms of Use by their continued use of the Site after such date. If Users do not consent to such revisions, then Users shall not utilize the Site. Certain provisions of these Terms of Use will remain in effect after the discontinued use or termination of use, expressly including, but without limitation, sections 7, 8, 9, 10 and 11.

These Terms of Use were last updated March 31, 2023.