Terms and Conditions
Protection For Living, LLC d/b/a ProtectionForLiving.com is pleased to provide this web site (the "site") and the products and services offered herein. Theses Terms and Conditions (the "Terms") set forth the legally binding terms for your use of the Site and the purchase of products and services from the Site. [BY CHECKING THE "I ACCEPT THE TERMS AND CONDITIONS" BOX] INCLUDED AS PART OF THE REGISTRATION PROCESS FOR THE SITE OR THE CHECKOUT PROCESS FOR ORDERS PLACED THROUGH THE SITE, YOU ("CUSTOMER") EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
ProtectionForLiving.com reserves the right to refuse service to anyone in its sole discretion.
1. ORDERS/PAYMENTS
Payment Terms. Orders are not binding upon ProtectionForLiving.com until they have been accepted and Customer receives a confirmation/receipt. ProtectionForLiving.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. ProtectionForLiving.com currently accepts the following payment methods:
Visa
MasterCard
Discover
American Express
PayPal
Please accept our apologies, but we do not accept international credit cards at this time.
Back-orders. ProtectionForLiving.com does not sell backordered merchandise. We will not purposely charge you for an item that we do not have physically in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or because remaining items in stock are damaged and/or are otherwise not in suitable condition for sale to a customer. In that event, we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges. An automated email will be sent to your ProtectionForLiving.com login to alert you of the situation.
Changes to Orders. You may request a change to an order at any time before it has been processed. Please call 1-866-541-6907 during ProtectionForLiving.com's normal hours of operation (Monday through Friday, 9:00 A.M. to 5:00 P.M. Eastern Standard Time) to request a change to your order. Please have your sales order or customer number ready for better assistance. We strongly discourage you from requesting changes to an order via email because it is unlikely we will receive the message in time to make the change before the order is processed. All change requests received after an order has been processed must be handled through the normal procedures for returns/refunds described below.
Cancellation of orders. You may request than an order be cancelled provided the order has not already been processed and shipped. Please call 1-866-541-6907 during ProtectionForLiving.com's normal hours of operation (Monday through Friday, 9:00 A.M. to 5:00 P.M. Eastern Standard Time) to request an order cancellation. You will receive a credit for the full amount of the order to your credit/debit card in approximately 3-4 business days. We strongly discourage you from requesting order cancellations via email because it is unlikely we will receive the message in time to cancel the order before it has been processed. All cancellation requests received after an order has been processed must be handled through the normal procedures for returns/refunds described below.
Reseller Discounts. ProtectionForLiving.com does not have a reseller or discount program available at this time.
2. SHIPPING
ProtectionForLiving.com processes most orders within approximately 24 to 48 hours, provided the items are in stock and there are no problems with payment verification. We do not guarantee same-day processing or shipping. Orders are not processed on weekends or holidays. Your total cost for purchase of any product will include shipping and handling charges as shown on the ProtectionForLiving.com invoice. We currently offer the following shipping options (approximate delivery times listed are in addition to the 24 to 48 hours for processing):
UPS Ground - 5 to 7 business days
UPS 3-Day - 3 business days
UPS 2-Day - 2 business days
No deliveries will be made on Saturday or Sunday. ProtectionForLiving.com does not offer international/Canadian shipping options at this time. All orders shipped within North Carolina will be charged sales tax.
3. TECHNICAL SUPPORT
ProtectionForLiving.com does not offer any technical support or sales advice other than the general information available on the Site. Please contact the manufacturer directly for answers to your technical questions or for additional information or specifications that are not posted on the Site.
4. PRODUCT INFORMATION AND REVISIONS
Product Information. ProtectionForLiving.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information referenced on the Site. However, we do not guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and other product-related information listed on the Site is entirely accurate, complete or current, and we do not assume responsibility for errors in such items. In the event a product listed on the Site is labeled with an incorrect price or other information due to a typographical, informational, technical or other error, ProtectionForLiving.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information from the Site. Additionally, all links to other web sites from the Site are provided merely for the convenience of customers looking for additional information and/or products or services. ProtectionForLiving.com does not make any representation concerning, and assumes no responsibility for, the content, claims and/or representations, privacy practices or other policies of any other web site, and you should refer to the terms of use, privacy statements and other policies of such other sites.
Product Revisions. ProtectionForLiving.com is not responsible for changes or variations in product specifications and/or physical appearance. We strive to ensure that all product information is up-to-date and accurate, but there are circumstances which, although infrequent, could cause the information on the Site to become outdated without our immediate knowledge. This includes, but is not limited to, the introduction of new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. ProtectionForLiving.com relies on the manufacturer to communicate these changes. ProtectionForLiving.com will not be responsible for minor deviations from the information listed on the Site due to such product revisions or updates.
Price, specifications and terms of offers are subject to change without notice.
5. SATISFACTION GUARANTEE
ProtectionForLiving.com offers our customers a 30-day satisfaction (replacement or refund) guarantee on all purchases, unless otherwise noted on the Site or the applicable invoice for certain products. To be eligible for the satisfaction guarantee, Customer must request a refund or replacement in accordance with the Product Return Procedure (detailed below) within 30 days after the invoice date. In the event Customer deviates from the Product Return Procedure, the satisfaction guarantee will be automatically void. Return shipments not in compliance with Product Return Procedure may be rejected.
Product Return Procedure. To request a refund or replacement, Customer must first obtain a Return Merchandise Authorization ("RMA") number by calling 1-866-541-6907 within the 30-day return period for the product. Customer is solely responsible for shipping any returned product to ProtectionForLiving.com. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, the Product Return Procedure will be breached and ProtectionForLiving.com may in its sole and absolute discretion reject the entire return or choose to impose additional charges against Customer for replacement of the missing component(s).
Refunds. Within [__] 7 business days after receipt of the returned product(s) in compliance with the Product Return Procedure, ProtectionForLiving.com will refund to Customer's credit/debit card the full original cost of the product(s) plus applicable taxes, less any applicable restocking fee. ProtectionForLiving.com will not refund to Customer the original shipping charges. In addition, ProtectionForLiving.com will assess a 15% restocking fee against the Customer's account on all returns for refund.
6. WARRANTIES
ProtectionForLiving.com is a distributor only. Products sold by ProtectionForLiving.com are not manufactured by ProtectionForLiving.com. We ship items in the condition in which they were received from the original manufacturer/distributor and we do not conduct independent product testing before shipping any merchandise. Certain products may be covered by a manufacturer's warranty and/or service and support policy (if any). ProtectionForLiving.com assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. PROTECTIONFORLIVING.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO PRODUCTS EXCEPT THOSE STATED IN THIS DOCUMENT. PROTECTIONFORLIVING.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Physical damage to any product may void manufacturer warranty coverage. Improper installation of filters or failure to follow recommended replacement schedules may result in damage to your HVAC system.
7. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES, PROTECTIONFORLIVING.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. PROTECTIONFORLIVING.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS, FOR DAMAGES WHICH EXCEED THIS LIABILITY LIMIT. PROTECTIONFORLIVING.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO PROPOERTY, OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT PROTECTIONFORLIVING.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
8. PRIVACY AND SECURITY
ProtectionForLiving.com is dedicated to respecting the privacy of our customers and protecting their personal information. Please refer to the ProtectionForLiving.com Privacy Policy for further details.
9. INTELLECTUAL PROPERTY
The Site and all materials on the Site including, without limitation, software, images, text, graphics, illustrations, logos and photographs (the "Intellectual Property") are or may be protected under United States and worldwide copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws (collectively, "Intellectual Property Rights") that are owned or licensed, in whole or in part, by ProtectionForLiving.com or otherwise used with permission of their respective owners. The Intellectual Property may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Site or any other web site owned or operated by ProtectionForLiving.com without its prior written consent, which may be withheld in ProtectionForLiving.com's sole discretion. Any manipulation of the Site or any portion thereof or any of the Intellectual Property, or use of any of the foregoing for any other purpose constitutes an infringement of ProtectionForLiving.com's or the respective third party owner's Intellectual Property Rights.
10. GENERAL PROVISIONS
Title; Risk of Loss. ProtectionForLiving.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point. Title to the product(s) -- excepting software -- and risk of loss passes to the Customer upon delivery to the carrier. ProtectionForLiving.com reserves a purchase money security interest in all product(s) until its receipt of the full amount due. Customer agrees to allow ProtectionForLiving.com to sign appropriate documents on Customer's behalf to permit ProtectionForLiving.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. ProtectionForLiving.com will advise Customer of estimated shipping dates, but we will not, under any circumstances, be responsible for delays in delivery, and associated damages, due to events beyond our reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Indemnity. You agree to defend, indemnify and hold harmless, ProtectionForLiving.com and its officers, managers, agents, directors, affiliates, interest holders, stockholders, employees and content providers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to your use of the Site or any products purchased from the Site.
Governing Law and Jurisdiction. These Terms and any dispute arising out of or related to these Terms or the sales transaction between ProtectionForLiving.com and Customer shall be governed by the laws of the State of North Carolina, without regard to its conflicts of law rules. ProtectionForLiving.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of North Carolina, to resolve any dispute between them related hereto, and the parities waive all rights to contest the exclusive jurisdiction and venue of such Courts. Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against ProtectionForLiving.com later than one year after the date of the applicable invoice.
Severability. If any provision contained in these Terms is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable North Carolina law.
Waiver. The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement. These Terms, together with ProtectionForLiving.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between ProtectionForLiving.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between ProtectionForLiving.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings, trade, custom or usage.
By continuing with your order, you are agreeing to the Terms and Conditions.
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