Terms of Sale and Subscription.

These terms are an agreement between you and Cabana Filters, LLC, a Wyoming limited liability company (“Cabana”, “we”, “us”). They cover your use of cabanafilters.com and your purchase of air filters from us by subscription: a sale of physical goods, delivered on a schedule.

Please read section 16 carefully. It requires disputes to be resolved by binding individual arbitration rather than in court, and waives class actions and jury trials, except as it describes. You can opt out of arbitration within 30 days.

1. Agreeing to these terms

By placing an order, you agree to these terms and to the automatic renewal terms you are shown and consent to at checkout. If you do not agree, do not place an order. Using the site without ordering is governed by sections 13 to 21. Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle your information.

2. Who can order

You must be at least 18 and able to enter a binding contract, and you must have a shipping address in the United States. You order as a consumer, for your own household. Businesses buy through our partner portal, on its own terms.

3. The product and your prescription

We sell air filters for home heating, ventilation and air-conditioning (HVAC) systems. In our air quality assessment, you tell Doctor Merv about your home. From your answers we recommend a filter tier (MERV rating), a change schedule and a box of filters for your vents: your “prescription”. We make up the box to the filter sizes you give us, so please check them. Each filter’s size and MERV rating are on its label.

We describe our filters as accurately as we can. Product images are illustrations, and actual packaging may differ.

Not medical advice

Doctor Merv is a character, not a doctor, and a Cabana “prescription” is a filter recommendation, not medical advice. Air filters reduce some airborne particles; they do not remove all of them, and they do not diagnose, treat, cure or prevent any disease. If you or anyone in your home has asthma, allergies or another health condition, talk to a doctor. If you are unsure whether your HVAC system suits a higher-rated filter, check with its manufacturer or an HVAC professional, because a higher MERV rating can restrict airflow in some systems.

4. Orders

Checkout shows what is in your box, the price of your first box, the renewal amount, and how often a box ships. Your order is an offer to buy. We accept it when we charge your card for your first box, and we send a receipt and a confirmation of your subscription terms by email. We may decline or cancel an order, for example if a product is unavailable, a price was clearly wrong, or we reasonably suspect fraud; if we have charged you for an order we cancel, we refund it in full.

5. Prices, tax and delivery

• Prices are in US dollars. A box holds between 4 and 12 filters.
• Delivery is included in the price. There is no separate shipping charge.
• Sales tax is charged wherever the law requires us to collect it, calculated on your shipping address and shown at checkout before you pay. Where we are not required to collect it, your state may require you to pay use tax yourself.
• Renewals are priced when they are charged, at our price at that time for the filters in your box. We tell you the amount, including any change in price, in the reminder we email before each renewal charge (see section 6).
• Discount codes apply as described when you enter them. A code for your first box applies to your first box only; renewals are charged at the regular price. A subscription can use one code. Codes have no cash value.

6. Automatic renewal

Your subscription continues until you cancel. By subscribing, you authorize us to charge the card you save at checkout for each new box, on the schedule shown at checkout, at the price in effect at that time plus any applicable sales tax, until you cancel.

The automatic renewal offer terms

• It continues until you cancel. There is no minimum term and no minimum number of boxes.
• How often: one box every few months, on the schedule set by your prescription and shown at checkout (for example, every 6 months). Your card is charged for a box when it is due to ship.
• How much: your first box is charged at checkout at the price shown. Each renewal is charged at our price at that time for the filters in your box, plus sales tax where it applies. Checkout shows the renewal amount at today’s prices. A first-box discount does not apply to renewals.
• Price changes: if the price of your box changes, we tell you the new amount in the reminder email we send before the renewal charge, at least 7 days ahead, and you can cancel before you are charged.
• How to cancel: online at any time, as described in section 8. Cancelling stops all future charges; boxes already paid for are not refunded, but an unopened box can still be returned under section 10.

What we do, and what you receive

1. At checkout, we show you these offer terms next to the payment button, and you tick a separate box to agree to them before you pay. We keep a record of that consent, the terms you agreed to and when, for at least 3 years, or 1 year after your subscription ends if that is longer.
2. After you order, we email you an acknowledgment with the automatic renewal terms, the cancellation policy and a direct link to cancel.
3. Before every renewal charge, at least 7 and no more than 30 days ahead, we email you a reminder with the date of the charge, the amount, and how to cancel. Because your box ships at most every 12 months, you receive this notice at least once a year.
4. If we change the renewal terms in a material way, we email you a clear notice of the change and how to cancel before it applies to you.

These terms are written to meet California’s Automatic Renewal Law (Bus. & Prof. Code §17600 et seq.), which we apply to every customer, and the automatic renewal laws of other states, including New York General Business Law §527-a, as well as the federal Restore Online Shoppers’ Confidence Act. If your state gives you more protection, you have it.

7. Payment and declined payments

We take payment by card through Stripe, our payment processor. Your card details go directly to Stripe and never reach us. Stripe saves your card so we can charge your renewals. You must use a card you are authorized to use, and keep it up to date. Nothing ships until it is paid for.

If a renewal payment is declined

• we try your card again up to 3 more times over the following 7 days;
• we email you each time it is declined, with a secure link to update your card (each link works once and expires after 14 days);
• if the last attempt also fails, we pause your subscription: nothing more is charged or shipped;
• saving a new card at the emailed link restarts your subscription: we charge the box that was waiting to the new card, and ship it once paid.

We do not charge late fees or interest.

8. How to cancel

You can cancel at any time, online:

• use the direct cancel link in your order acknowledgment or in any renewal reminder email; or
• go to cabanafilters.com/account/cancel and enter your email address. We email you a link (it works once, for 24 hours), and one click on the page it opens cancels your subscription. The link makes sure only you can cancel it.

If you have trouble with either, email darren@cabanafilters.com and we will send you a direct cancel link.

What cancelling does:

• It takes effect immediately and stops the automatic reorder. If you cancel before a renewal charge, that charge is not made, and nothing is charged after you cancel.
• We email you confirmation that your subscription is cancelled.
• Cancelling does not refund payments already made. A box you have already paid for still ships. If it arrives and you do not want it, you can return it unopened under section 10.

If we end your subscription

We may end a subscription if we stop selling a product, if we reasonably suspect fraud or misuse, or if you breach these terms. We will email you first where we can. If we end it for a reason other than your breach or fraud, we will refund any box you have paid for that has not shipped.

9. Shipping, title and risk of loss

• We deliver only to addresses in the United States, by the carrier we choose.
• We ship each box within 30 days of charging for it. If we cannot, we will tell you before then, with a new date, and you can cancel that box for a full refund.
• Delivery dates are estimates. We send each box to the shipping address we have, so keep it up to date by emailing us.
• Ownership of the filters (title) and the risk of their loss or damage pass to you when the carrier delivers them to your shipping address. Until then, the risk is ours: a box lost or damaged in transit is replaced as described in section 11.

10. Returns and refunds

What you can return

• Unopened and unused filters, in their original packaging, within 30 days after delivery. You can return a whole box or some of the filters in it.
• Opened or used filters cannot be returned, with one exception: if we shipped a filter in the wrong size by our mistake, meaning a size different from the one you gave us, you can return it whether or not it has been opened, within 30 days after delivery. If the size you gave us was wrong, that is not our mistake, and the usual rule applies: unopened filters only. Please check your sizes before you order.

How to start a return

Email darren@cabanafilters.com within the 30 days with your name, shipping address, the date your box was delivered, which filters you are returning, and why. We will reply with the return address and instructions. Please contact us before sending anything, so we can match the parcel to your order.

Return shipping

You pay for return shipping, and the parcel is at your risk until it reaches us, so use a tracked service. If you are returning filters because of our mistake (the wrong size, the wrong item, or a defect), we pay: we send you a prepaid label or refund your return postage.

Refunds

Once we receive and check the returned filters, we refund the price you paid for them and the sales tax charged on them to your original payment method, within 10 business days. Delivery is included in our prices and is not charged separately, so there is no delivery charge to refund. Your bank may take a few more days to show the refund. For a return caused by our mistake, you can choose a refund or a replacement.

Returns and cancelling are separate

Cancelling your subscription stops future boxes; it does not refund a box already paid for. Returning filters under this section refunds those filters; it does not cancel your subscription. To do both, cancel online and then start a return.

11. Damaged, defective or wrong items

• Damaged in transit or lost. If a box arrives damaged, email darren@cabanafilters.com within 30 days of delivery with a photo of the damage and the packaging, and we will send a replacement at no cost. You do not need to send the damaged filters back unless we ask. If a box never arrives, tell us within 30 days of the date it should have arrived, and we will replace it once we have checked with the carrier.
• Wrong item or wrong size, by our mistake. Tell us within 30 days of delivery. We will send the right filters at no cost, or refund you if you prefer, and pay for any return shipping (section 10).
• Defective filters are covered by the limited warranty in section 12.

12. Limited warranty

What is covered. We warrant to you, the original purchaser, that each filter we deliver matches the size and MERV rating on its label and is free from defects in materials and workmanship for 12 months from the date it is delivered.

What we will do. If a filter does not meet this warranty, we will, at our choice, replace it at no cost to you or refund what you paid for it. That is your remedy under this limited warranty.

What is not covered. A filter that has been damaged by improper installation, installation in equipment it does not fit, misuse, water or moisture, or storage in unsuitable conditions after delivery; the normal loading of a filter with dust and particles, which is what a filter is for; and any claim that a filter will produce a particular health or air-quality result.

How to claim. Email darren@cabanafilters.com within the warranty period with your name, shipping address, the filter’s size and rating, a description of the problem and a photo. We will reply within 10 business days. You do not need to return the filter unless we ask, and if we ask, we pay for the shipping.

Implied warranties. We do not disclaim the implied warranties the law gives you, such as the implied warranty of merchantability. To the extent the law allows, any implied warranty is limited to 12 months from delivery. Some states do not allow limits on how long an implied warranty lasts, so this limit may not apply to you. We make no other express warranties beyond this section and the returns and replacement promises in sections 10 and 11.

This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

13. Using the site

You agree not to:

• use the site for anything unlawful, or to place orders with a card you are not authorized to use;
• interfere with the site, overload it, or try to get into systems or data that are not yours;
• scrape or copy the site in bulk in ways that burden it, or use automated means to place orders or redeem codes;
• misuse discount or partner codes, for example by creating subscriptions only to earn commission.

The site’s content, including Doctor Merv, our text, images and the Cabana name and logos, belongs to Cabana or our licensors. You may use the site for your own personal, non-commercial purposes.

14. Disclaimers

Except for the promises in sections 10 to 12 and any rights the law gives you that cannot be excluded, the website and the assessment are provided “as is” and “as available”. We do not promise that the site will always be available or free of errors. A filter prescription is a recommendation based on the answers you give; we do not promise that any filter will produce a particular health or air-quality result. Nothing in these terms limits any right you have under law that cannot be limited by agreement.

15. Limitation of liability

To the fullest extent the law allows:

• we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, arising from these terms, the site or our products; and
• our total liability for any claim about a product is limited to the amount you paid for the specific product that gave rise to the claim, and for any claim about the site alone, to $100.

These limits do not apply to liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct, or to any liability, warranty right or consumer right that the law does not allow to be limited or excluded. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of these limits may not apply to you.

16. Dispute resolution and arbitration

Please read this section carefully. It affects your rights, including your right to go to court.

Talk to us first

Most problems can be solved quickly by email. Before starting an arbitration or a court case, you and we each agree to send the other a written notice of the dispute: your notice to darren@cabanafilters.com or our address below, ours to the email address on your order. It must give your name, shipping address and email, describe the problem, and say what you want. We will then try in good faith to resolve it for 60 days, including a phone or video call if either of us asks for one. Time limits for bringing a claim are paused during those 60 days.

Binding individual arbitration

If we cannot resolve it, any dispute between you and us arising from or relating to these terms, our products, the site or your subscription will be resolved by binding individual arbitration, not in court, except as set out below. This includes disputes about whether a dispute must be arbitrated, except that a court decides questions about the class action waiver and the mass arbitration terms below. The Federal Arbitration Act governs this section.

• The arbitration is run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (see adr.org/consumer), before a single arbitrator.
• Costs. You pay no more than the consumer filing fee those rules set, and we pay all other AAA and arbitrator fees. If you cannot afford the filing fee, we will pay it. Each side pays its own lawyers unless the arbitrator awards fees under a law that allows it.
• Where. The arbitration takes place in the county where you live, or by phone or video, or, for claims under $25,000, on written submissions only if you choose.
• The arbitrator can award the same individual remedies a court could, applying the same law, and must give a written decision.

Exceptions: small claims and public injunctive relief

• Either of us may bring an individual claim in small claims court, in the county where you live or in Sheridan County, Wyoming, if it qualifies.
• Nothing in this section waives your right to seek public injunctive relief (relief that mainly benefits the public) in any forum where the law makes that right non-waivable. Any such claim will be decided by a court, after the individual claims in the arbitration are decided, and the court case will be paused until then.
• Either of us may ask a court to stop infringement of intellectual property.

No class actions

You and we may bring claims against each other only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not combine claims of more than one person, except as described under mass arbitration below. This does not limit public injunctive relief as described above. If this class action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be decided by a court, not in arbitration. You and we each waive a jury trial.

Mass arbitration

If 25 or more similar demands for arbitration are brought against us by or with the help of the same or coordinated lawyers, they will be administered under the AAA’s Mass Arbitration Supplementary Rules, in batches of up to 50, with one arbitrator per batch, and we pay the fees batch by batch. Time limits for bringing a claim are paused for demands waiting in a batch. You and we agree to this so that individual claims can be decided quickly and fairly.

Opting out

You can opt out of this arbitration agreement within 30 days of first agreeing to these terms, by emailing darren@cabanafilters.com with your name, shipping address and email and the words “I opt out of arbitration”. Opting out does not affect any other part of these terms or your subscription. If you opt out, section 17 decides where disputes are heard.

Changes to this section

If we change this section after you agree to it, you can reject the change by emailing us within 30 days of the change taking effect, and the version you last agreed to will continue to apply to you.

17. Governing law and courts

These terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws rules, and by federal law, including the Federal Arbitration Act for section 16. This does not take away any protection given to you by the consumer protection laws of the state where you live that cannot be waived by agreement.

Any dispute that is not arbitrated will be heard in the state courts located in Sheridan County, Wyoming, or the United States District Court for the District of Wyoming, and you and we submit to those courts’ jurisdiction, except where the law of the state where you live gives you the right to bring the case in your local courts.

18. Notice to California residents

Under California Civil Code §1789.3: the provider of this site and seller of our products is Cabana Filters, LLC, a Wyoming limited liability company, 1309 Coffeen Ave., Suite 1200, Sheridan, WY 82801. Using the site is free; the prices of our products are described in section 5. If you have a complaint, you can contact us at darren@cabanafilters.com, or the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

19. General terms

• Electronic communications. You agree that we may give you notices, receipts and other information about your subscription by email, and that they satisfy any requirement that they be in writing. You can ask for a paper copy of any of them, free, by writing to us. Because the subscription is run by email, if you no longer want to receive email from us about it, you will need to cancel it.
• Events beyond our control. We are not responsible for delays caused by events we cannot reasonably control, such as severe weather, carrier disruption or supply shortages. We will tell you about a delay and, if it is long, let you cancel the affected box for a refund.
• Whole agreement. These terms, the automatic renewal terms you consent to at checkout, and the policies they link to are the whole agreement between you and us about your purchases.
• Severability. If a court or arbitrator finds part of these terms unenforceable, the rest still applies, except as section 16 says for the class action waiver.
• Transfer. You may not transfer your subscription to someone else without our agreement. We may transfer these terms to a buyer or successor of our business, and your rights under them continue.
• No waiver. If we do not enforce a term straight away, we can still enforce it later.

20. Changes to these terms

We may update these terms. We will post the new version here and update the dates at the top. A change applies to orders placed after it is posted. For an existing subscription, a material change applies only from a renewal charged at least 30 days after we email you about it, so you can cancel first if you do not agree. Changes to arbitration are governed by section 16.

21. Contact us

Questions about these terms, your subscription, a return or a problem with your box: email darren@cabanafilters.com or write to Cabana Filters, LLC, 1309 Coffeen Ave., Suite 1200, Sheridan, WY 82801, USA.