Terms of service
OVERVIEW
This website is operated by eskiin (eskiin Inc.). Throughout the site, the terms “we”, “us” and “our” refer to eskiin. eskiin offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund & Return Policy. Additional replacement rights apply to enrolled customers under Section 21 (Clean Water Club).
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do 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 Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Subscriptions, Recurring Billing and Failed Payments: If you purchase a subscription (for example, an eskiin Replacement Filter subscription) or an optional recurring add-on such as Shipping Protection, you authorize us to charge your payment method on a recurring basis at the price and frequency disclosed at checkout until you cancel, as further described in our Billing Terms & Conditions. You may cancel at any time through your account or by contacting support@eskiin.com. If a recurring payment fails or is declined, we — or a third-party service provider acting on our behalf (currently including Recharge, Inc. and LiveRecover) — may attempt to notify you by email and/or by text message (SMS) at the phone number you provided, so that you can update your payment information and avoid an interruption to your subscription. These failed-payment and billing notifications are transactional account messages. Message and data rates may apply, and you may opt out of text notifications at any time by replying STOP. Text messaging is further governed by the SMS/MMS Mobile Message Marketing Program Terms and Conditions in Section 10 below. If you’re enrolled in our Autoship subscription, you may skip, delay, or cancel upcoming filter shipments through your account portal. Subscriptions renew automatically unless canceled before the renewal date. Changes must be made before an order is processed. Once processed or shipped, the order cannot be canceled. You may refuse delivery or return the order after receipt, subject to our 60-day return policy.
Optional Shipping Protection: Shipping Protection is an optional, separately billed item offered and administered by eskiin. It is not insurance and is not underwritten by a licensed insurer. If you add Shipping Protection to a subscription, it is billed on a recurring basis aligned to your subscription’s billing cycle for as long as it remains active. Coverage, claim procedures, exclusions, and cancellation are described in our Shipping Policy, Refund & Return Policy, and Billing Terms & Conditions, each of which is incorporated into these Terms of Service by reference.
Clean Water Club: Clean Water Club is an optional, one-time paid protection program offered and administered by eskiin. It is not insurance and is not underwritten by a licensed insurer. The fee is a one-time charge that does not renew or recur. Coverage, eligibility, claim procedures, and replacement limits are described in Section 21 below.
For more detail, please review our Refund & Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please visit https://eskiin.com/policies/privacy-policy.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
eskiin (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). We may change or discontinue the Program or any of its features at any time without notice, and your continued use of or participation in the Program after any such change constitutes your acceptance of that change. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages, which may be sent by Us or through third-party service providers acting on Our behalf (currently including Recharge, Inc. and LiveRecover), at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. Participation in the Program is voluntary. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that eskiin and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of eskiin’s products and services. Messages may include both transactional messages (e.g., order updates, account alerts, and subscription billing notifications, including notices that a subscription payment has failed or been declined) and promotional messages (e.g., special offers, product launches, and cart reminders). Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@eskiin.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages. If your mobile number changes, you are responsible for re-enrolling in the Program using your new number in order to continue receiving messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: Any dispute, claim, or controversy between you and Us, or between you and Recharge, Inc., LiveRecover LLC (a Voyage Mobile, Inc. company), or any other third-party service provider acting on Our behalf to transmit mobile messages within the scope of the Program, is governed by Section 22 of our Terms of Service (Dispute Resolution; Binding Arbitration; Class Action Waiver), which is incorporated into this Agreement by reference. Section 22 requires individual binding arbitration, waives class actions and jury trials, requires a sixty (60) day informal resolution period before arbitration may be commenced, and gives you a thirty (30) day right to opt out. Please read it carefully.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Do Not Call Registry: If your telephone number is listed on any state, federal, or corporate Do Not Call registry, you acknowledge and agree that your consent to receive mobile messages under this Program permits Us to message you notwithstanding that listing, to the extent permitted by Applicable Law.
14. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. The foregoing does not limit the express lifetime product warranty provided to enrolled customers under Section 21 (Clean Water Club), which applies only to eligible devices and only while Clean Water Club benefits remain active.
In no case shall eskiin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless eskiin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Notwithstanding the foregoing, any Dispute between you and eskiin is subject to Section 22 (Dispute Resolution; Binding Arbitration; Class Action Waiver), which governs how Disputes are resolved and which controls over this Section to the extent of any conflict.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@eskiin.com, or by mail to eskiin Inc., 9450 Southwest Gemini Drive, Beaverton, Oregon 97008, United States, or by phone at +1 (888) 609-2908.
SECTION 21 - CLEAN WATER CLUB
Clean Water Club (“CWC”) is an optional, one-time paid protection program offered and administered by us. It is not insurance and is not underwritten by a licensed insurer. CWC is typically offered as an add-on presented to you immediately after checkout, for the one-time fee communicated to you at that time, and is not otherwise available for standalone purchase. We may also, in our sole discretion, enroll you in CWC through another channel, such as customer support (for example, in response to a request you make after your original purchase). By enrolling in CWC, you receive the coverage and benefits described in this Section for as long as your CWC benefits remain active, subject to the limitations set forth below.
Proof of Purchase: Your email order receipt confirming your CWC purchase constitutes sufficient proof of enrollment and proof of purchase for all purposes under this Section. No separate registration or additional documentation is required.
Coverage Period; Eligible Devices: CWC coverage applies to (a) the eskiin device(s) included in your “Enrollment Order” (meaning the order in which you purchased CWC, or, where we enroll you in CWC through a channel other than the standard checkout flow, the order we designate as your Enrollment Order at the time of that enrollment), and (b) any eskiin device(s) included in orders placed on or after your CWC enrollment date, for as long as your CWC benefits remain active. Except where we expressly designate an earlier Enrollment Order as described above, CWC does not apply retroactively to devices purchased in orders placed before your CWC enrollment date. Designating an earlier Enrollment Order in a given case is solely at our discretion and does not obligate us to do so for any other customer or claim.
What’s Covered: Once purchased, CWC entitles you to: (a) a lifetime product warranty on each eligible device described above; (b) a free, no-cost replacement device, including shipping, if an eligible device is lost, stolen, or found to be defective, subject to the Replacement Limits below; (c) free standard shipping on all future eskiin orders for as long as your CWC benefits remain active; and (d) early access to new eskiin product launches and promotions ahead of the general public. Replacement filters are consumable components and are not covered under CWC at any time, regardless of enrollment status. Replacements under this Section remain subject to the care guidelines in our Refund & Return Policy.
Gifted and Resold Products: An eskiin device received as a gift is eligible for CWC coverage only if (i) the original purchaser enrolled that device in CWC as described above, and (ii) the original purchaser’s proof of purchase is provided at the time a claim is made. CWC benefits are personal to the original purchaser or a single verified gift recipient and may not be transferred through the resale of a device to any other party. A device that has been resold to a third party (other than transferred as a gift, as described in this paragraph) is not eligible for CWC coverage in the hands of its new owner.
Replacement Limits: CWC entitles each purchaser to up to two (2) free replacements per covered device over the lifetime of that device, subject to an aggregate limit of four (4) total replacement claims across all devices enrolled under a single customer account over the lifetime of that account. We reserve the right, in our sole discretion, to limit, suspend, or revoke your CWC benefits, including eligibility for future free replacements, if you exceed either limit, or if we reasonably suspect fraudulent, abusive, or bad-faith use of the program. Revocation of CWC benefits does not entitle you to a refund of the original CWC purchase price.
Claims Process: To submit a claim, contact us at support@eskiin.com. A claim for a lost or stolen device requires you to affirmatively confirm, at the time the claim is submitted, that the device is lost or stolen and no longer in your possession. We may request reasonable supporting documentation for any claim (for example, photos of a defective device) before issuing a replacement.
Fee; No Refunds: The CWC fee is a one-time charge collected at the time of enrollment, in the amount communicated to you at that time. It is non-refundable and does not renew or recur. CWC is not a subscription; references to “membership” describe your enrollment status in the program, not a recurring payment obligation. If a chargeback, dispute, or payment reversal is filed against the CWC fee or the order associated with your CWC enrollment, your CWC coverage is immediately and automatically void, including with respect to any replacement already provided under this Section.
Modifications: We reserve the right to modify, suspend, or discontinue the Clean Water Club program, including its benefits, pricing, and terms, at any time, with such changes effective upon posting to this page. Continued enrollment in CWC after such changes constitutes acceptance of the modified terms.
SECTION 22 - DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ESKIIN TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF THIS SECTION WITHIN 30 DAYS AS DESCRIBED IN SUBSECTION (i) BELOW.
(a) Disputes Covered. For purposes of this Section, a “Dispute” means any dispute, claim, or controversy between you and eskiin arising out of or relating to your purchases from, use of, or relationship with eskiin, including any claim relating to the Service, our products, subscriptions and recurring billing, Shipping Protection, Clean Water Club, returns, refunds and cancellations, our advertising or product claims, our communications with you, our privacy practices, these Terms, or the formation, performance, breach, enforcement, interpretation, or validity of this Section. A Dispute is covered whenever the events giving rise to it occurred, including before the effective date of this Section, and whether it arises in contract, tort, statute, fraud, misrepresentation, or any other legal theory. This Section also extends, at their election, to Recharge, Inc., LiveRecover LLC (a Voyage Mobile, Inc. company), and any other service provider acting on our behalf.
(b) Exclusions. This Section does not apply to: (i) any claim by either party for injunctive or other equitable relief for the actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade names, trade dress, trade secrets, patents, or other intellectual property rights; (ii) any claim that may be brought in a small claims court with jurisdiction over the claim, so long as it proceeds on an individual and non-class basis; or (iii) the pursuit of enforcement actions through an applicable federal, state, or local agency where such actions are available.
(c) Informal Resolution Required First. Before commencing arbitration, the party raising a Dispute must send the other a written, personally signed Notice of Dispute describing the Dispute, the facts giving rise to it, and the relief sought, and providing the sender’s name, address, email address, and telephone number. A Notice of Dispute to eskiin must be sent to eskiin Inc., Attn: Legal, 9450 Southwest Gemini Drive, Beaverton, Oregon 97008, United States, and to support@eskiin.com with the subject line “Notice of Dispute”. The parties shall then attempt in good faith to resolve the Dispute informally for sixty (60) days after the Notice of Dispute is received. Completion of this process is a condition precedent to commencing arbitration, and all applicable statutes of limitations and contractual limitations periods are tolled during it. A court may enjoin the filing or prosecution of an arbitration commenced without compliance with this subsection.
(d) Binding Arbitration. If the Dispute is not resolved through the process in subsection (c), it shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules where those rules apply, and otherwise under its Commercial Arbitration Rules, in each case as modified by this Section (the “AAA Rules”). The AAA Rules and filing instructions are available at adr.org or by calling 1-800-778-7879. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section.
(e) Location. The arbitration shall be held, at your election, in the county where you reside, by telephone or video conference, or on the basis of written submissions alone. If the parties do not agree and you make no election, the arbitration shall be conducted remotely. No party is required to travel outside the county where it resides or maintains its principal place of business. The substantive law of the State of Delaware, without regard to its conflict of law principles, governs the Dispute, consistent with Section 18.
(f) Class Action Waiver. YOU AND ESKIIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
(g) Jury Trial Waiver. YOU AND ESKIIN EACH WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE, INCLUDING ANY DISPUTE THAT FOR ANY REASON PROCEEDS IN COURT RATHER THAN IN ARBITRATION.
(h) Mass Arbitration. If twenty-five (25) or more demands for arbitration raising substantially similar Disputes are submitted against eskiin by or with the coordination, assistance, or involvement of the same law firm, organization, or counsel acting in coordination (a “Mass Arbitration”), the demands shall be resolved in staged sets rather than simultaneously, as follows. (i) Counsel for the claimants and counsel for eskiin shall each select five (5) demands to proceed as an initial stage of ten (10) individual arbitrations. No other demand shall be filed with the AAA, and no filing, administrative, or arbitrator fee shall be assessed against either party for any demand not then selected. (ii) All applicable statutes of limitations and contractual limitations periods are tolled for every unselected demand from the date the first demand in the Mass Arbitration was submitted to eskiin until that demand is selected to proceed or the procedures in this subsection conclude. (iii) After the initial stage concludes, the parties shall participate in a global mediation of all remaining demands before a mutually agreed mediator, whose fees eskiin shall pay. (iv) If the global mediation does not resolve the remaining demands, the parties shall proceed with successive stages of up to fifty (50) demands each, selected at random, with a global mediation between stages, until all demands are resolved. (v) Each arbitrator shall use best efforts to issue a final award within one hundred twenty (120) days of appointment. (vi) A court of competent jurisdiction has authority to enforce this subsection, including by enjoining the filing or prosecution of demands out of sequence.
(i) Your Right to Opt Out. YOU MAY OPT OUT OF THIS SECTION 22 WITHIN THIRTY (30) DAYS AFTER YOU FIRST ACCEPT THESE TERMS OR FIRST PURCHASE AN ESKIIN PRODUCT, WHICHEVER OCCURS FIRST. To opt out, send an email to support@eskiin.com with the subject line “Arbitration Opt-Out”, or written notice to eskiin Inc., Attn: Legal, 9450 Southwest Gemini Drive, Beaverton, Oregon 97008, United States, stating that you do not agree to this Section and including your name, address, email address, and the date and order number of your purchase. Opting out will not affect any other part of these Terms and will not affect your ability to purchase from us or use the Service. If you opt out, neither you nor eskiin is bound by this Section as to Disputes between you and eskiin.
(j) Authority of the Arbitrator. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Section, including any claim that all or part of it is void or voidable and any claim of unconscionability, except that a court has exclusive authority to decide any question concerning the enforceability of the class action waiver in subsection (f) and any question arising under subsection (h). The arbitrator has the authority to grant any remedy that would be available in court on an individual basis, and shall issue a written award stating the essential findings and conclusions on which it is based.
(k) Fees. Payment of filing, administrative, and arbitrator fees is governed by the AAA Rules and by applicable law. Each party is responsible for its own attorneys’ fees and costs unless applicable law or the AAA Rules provide otherwise, and nothing in this Section limits either party’s right to recover fees where a statute or contract expressly authorizes it.
(l) Confidentiality. Except as may be required by law or to enforce or challenge an award, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
(m) Severability; Effect on This Section. If the class action waiver in subsection (f) is found to be invalid or unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and resolved in a court of competent jurisdiction, and all other claims shall proceed in arbitration under this Section. If any other provision of this Section is found invalid or unenforceable, that provision shall be severed and the remainder of this Section shall continue in full force and effect.
(n) Survival. This Section survives the termination of these Terms, the closing of your account, and the end of your relationship with eskiin.
Last updated September 28, 2026