ProOneUSA.com WEBSITE TERMS AND CONDITIONS OF USE
www.prooneusa.com is an E-commerce Site
Purpose of our website is to provide ProOne® water filtration products, services, information and merchandise for sale.
USE OF SITE
You are granted a non-exclusive, non-transferable, revocable license to access and use www.prooneusa.com strictly in accordance with these terms and conditions of use. As a condition of your use of the Site, you warrant to ProOne® that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
TRADEMARKS AND COPYRIGHT
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ProOne® or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ProOne® content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ProOne® and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. ProOne® does not grant you any licenses, express or implied, to the intellectual property of ProOne® or our licensors except as expressly authorized by these Terms.
We want you to feel confident knowing that your shopping experience is completely private and secure. Our site is secured by DigiCert SSL utilizing 128/256 bit SSL encrypted secure socket layer thereby offering the highest level of encryption and security possible. This means you can rest assured that communications between your browser and this site’s web servers are private and secure. ProOne® is also PayPal verified which means that your security is increased by our banking and business being verified and authenticated by the highest standards, screenings and procedures.
ProOne® processes Personal Data both as a Processor and a Controller. Viewing of our website does not require any form of registration. However, some services may require that you provide us with Personal Data. In these situations, if you choose to withhold requested information, it may not be possible for you to gain access to certain parts of our website.
During registration, a User may provide information such as name, company name, email, address, credit-card number and other relevant data. This information is used by ProOne® to identify a User and provide them with the services requested by the User. With permission, ProOne® collects email addresses for communication purposes, financial information for payment purposes, and places cookies to remember passwords and user preferences.
By registering with ProOne® a User will have access to their personal file, where they will be able to request changes, update, correct or delete any Personal Data. In order to request access to the information that ProOne® has on file for you, please contact us at email@example.com. We will make sure to provide you with all of your data. Please note that we may request that you verify your identity.
If you are using ProOne® services from outside of the United States, please be aware that you are sending information (including Personal Data) to the United States where our services are located.
Your Personal Data is never sold or given to third parties. ProOne® will only contact you for order related purposes, if you contact us, or when we run specials or newsletters for our current customers. All newsletter email contact is permission based with opt out options.
Visiting www.prooneusa.com or sending emails to ProOne® constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
ProOne® does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.prooneusa.com only with permission of a parent or guardian.
THIRD PARTY LINKS
www.prooneusa.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ProOne® and ProOne® is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ProOne® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ProOne® of the site or any association with its operators.
Certain services made available via www.prooneusa.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.prooneusa.com domain, you hereby acknowledge and consent that ProOne® may share such information and data with any third party with whom ProOne® has a contractual relationship to provide the requested product, service or functionality on behalf of www.prooneusa.com users and customers.
THIRD PARTY ACCOUNTS
You will be able to connect your ProOne® account to third party accounts. By connecting your ProOne® account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
AUTHORIZED PROONE® DEALERS
Lincoln-Remi Group, LLC is committed to distributing ProOne® products through Authorized
ProOne ®Dealers exclusively. Dealers authorized by Lincoln-Remi Group, LLC are responsible in adhering to ProOne® standards and providing excellent customer service along with sound business practices. Only Authorized ProOne® Dealers offer ProOne® products with a Factory Warranty. Not every seller/retailer advertising ProOne ®products is an authorized ProOne® Dealer. Buying ProOne® products from unauthorized Dealers will void the ProOne® warranty. When buying ProOne® products, please confirm you are buying from an authorized ProOne® Dealer. Permission is required from Lincoln-Remi Group, LLC to use ProOne® product images, details, lab reports, documentation, and other information made available by ProOne®. Website(s) showing ProOne® products and information may not necessarily be authorized.
To avoid problems when purchasing ProOne® products, buy responsibly by purchasing from only Authorized ProOne® Dealers. Please contact us at firstname.lastname@example.org or by phone (800) 544-3533 should you need assistance or have a concern.
www.prooneusa.com is controlled, operated and administered by ProOne® from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ProOne® Content accessed through www.prooneusa.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Lincoln-Remi Group, LLC dba ProOne®, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ProOne® reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ProOne® in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LINCOLN-REMI GROUP, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LINCOLN-REMI GROUP, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LINCOLN-REMI GROUP, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ProOne® reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ProOne® as a result of this agreement or use of the Site. ProOne®’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ProOne®’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ProOne® with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ProOne® with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ProOne® with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The prices and availability of products displayed on this website are subject to change without notice.
PRODUCT OWNERSHIP/CREDIT CARD CHARGES
The ownership of ordered merchandise will only transfer following receipt of payment in full. Please note: Your credit card will be charged in full at the time of your purchase.
Sales tax will be charged where applicable.
ProOne® GENERAL LIMITED WARRANTY.
Lincoln-Remi Group, LLC d/b/a ProOne® Water Filters(“PO”) sells its products with the intent that they are free from defects in materials and workmanship under normal use and care. PO provides a limited warranty to the original retail purchaser of ProOne® products (“Customer”) of those ProOne® products described in this Limited Warranty when purchased from ProOne® or an authorized ProOne® dealer. PO will repair or replace any ProOne® product, at its sole discretion during the warranty period under the specific conditions found on the last page of the product Installation Manual:
1. Product Name: visit the specific product instruction manual for details
2. No warranty is given as to the service life or performance of any filter media or any filter element because performance of ProOne® filters will vary with water conditions and water consumption. Customer is encouraged to visit the Lab Report Disclaimer under Terms and Conditions at www.prooneusa.com.
3. Any damage caused by misuse or abuse; accident; improper installation; dropped product; failure to follow recommended installation or provide recommended maintenance; transportation damage; neglect; environmental conditions; or any other conditions whatsoever that are beyond the control of PO are excluded from this warranty.
4. This express limited warranty is the sole and exclusive warranty.
5. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER POTENTIAL OBLIGATION ON THE PART OF PO WITH RESPECT TO PRODUCTS SOLD BY PO ARE DISCLAIMED. EXCEPT FOR ANY EXPRESS WARRANTIES, ALL ProOne® PRODUCTS ARE SOLD “AS-IS”. PO shall not be held liable for any incidental, consequential or special damages of any sort whatsoever. The liability of PO is limited to the original retail purchaser and to the repair or replacement of defective components only during the Warranty Period. Labor charges incurred are not covered under this warranty. No refunds will be given at any time to anyone other than the original retail purchaser, except as provided in the refund policy of ProOne®. Please visit Refunds and Returns under Terms and Conditions at www.prooneusa.com The Customer is also encouraged to review the Lab Report Disclaimer under Terms and Conditions at www.prooneusa.com. The liability of PO terminates upon the expiration of the Warranty Period or transfer of product ownership.
6. To obtain warranty service on, or replacement of a ProOne® product, Customer should contact ProOne® customer service by email to email@example.com to confirm eligibility of warranty. Customer may be asked to send, , at the sole expense of the Customer: (a) the product including its original packaging; and (b) the dated sales receipt as proof of purchase, and a prepaid return package, to the following address: ProOne, 1200 Benstein Rd, Commerce Twp., MI 48390. NO C.O.D’s will be accepted.
7. This warranty provides you with specific legal rights. You may have additional rights which may vary from country to country. Because of individual country laws and regulations, some of the above limitations and exclusions may not apply to you. For any warranty questions, please call 1-800-544-3533 or email to firstname.lastname@example.org.
ATTENTION CA, CO, IA, ME AND WI CONSUMERS
In compliance with state law for CA, CO, IA and WI, ProOne® water filtration products are sold and shipped to residents of these states without any health-related performance claims except for aesthetics including chlorine reduction, and improvement with taste, odor and sediment. Other states may apply.
Statements made on this Site have not been evaluated by the FDA. ProOne® products are not intended to diagnose, treat, cure, or prevent any disease.
CHANGE IN TERMS AND CONDITIONS
ProOne® reserves the right, in its sole discretion, to change the Terms and Conditions under which www.prooneusa.com is offered. The most current version of the Terms and Conditions will supersede all previous versions. ProOne® encourages you to periodically review the Terms and Conditions to stay informed of our updates.
ProOne® welcomes your questions or comments regarding the Terms & Condition Statement:
Lincoln-Remi Group, LLC
Dba ProOne® Water Filters
1200 Benstein Rd.
Commerce Twp, Michigan 48390
Email Address: email@example.com
Telephone number: 800-544-3533
Effective as of December 31, 2020