1.2 We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
1.3 As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, members, managers, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents available on this Site.
1.4 BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR THESE TERMS, IS TO CEASE USING THE SITE.
2.1 You understand and agree that some of the content on the Site may be uploaded to the Site by third party users and members of the Site (“Users”). The Company is not responsible for such content. All information provided on this website is for informational purposes only. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and the reasons for your belief to firstname.lastname@example.org.
2.2 You understand and acknowledge that we cannot promise or guarantee specific results from using the Site. Further, as content and comments may be posted by other users of the Site, we are not responsible for their content.
2.3 You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You agree that the information available through this Site is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.
3.1 Sale of Goods: The Company may offer goods and services for sale through the Site. Payment is charged in USD currency. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees which are in accordance with your arrangements with that credit card provider. The Company is not responsible for such fees and will not reimburse you for any such fees incurred. Discounts and other incentives offered on the Site are for a limited time only and are subject to change without notice, in our sole and absolute discretion.
You must be eighteen (18) years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under eighteen (18) years old or the age of majority in your jurisdiction, then you may not make a purchase on the Site.
3.2 Price Match Guarantee (LIMITED)
Before making a purchase from Company, if you see a lower current price at any authorized US dealer for the identical new in-stock item, we will be happy to match that price, if verified by the other authorized dealer. Please call our customer service to get that lower price.
If, within 45 days of purchasing an item from Company, you find better price for the identical, new in-stock item, or if the Company’s price for the product you purchased drops below what you paid for it within 45 days of your purchase, please call our customer service representatives about getting a refund of the difference in price. Our guarantee covers one price match per identical item, per customer, at the current pre-tax price available to all customers.
Our Price Match Guarantee does not cover:
3.3 Return Policy:
45 Day Return Policy:
We want you to be completely satisfied with your purchase. If you are not satisfied with any product, for any reason, you may return it for a refund of the purchase price or exchange for another product within 45 days of purchase date. For returns not the result of the Company’s error, original and return shipping charges are your sole responsibility. If your purchase was eligible for free shipping, the shipping cost will be deducted from your refund. Refunds are for product value & tax only, excluding shipping and handling charges. Some returns will require a signature for delivery. We are not obligated to make more than one attempt to ship a replacement item to you if you are unavailable at the time of delivery.
If you believe you've received a defective product, contact our support team at (888) 726-5910, and speak with a customer service representative to get a “Return Authorization Number”. If we determine, in our sole discretion, that the unit failed under warranty within 45 days of purchase, we will cover shipping costs within the contiguous United States to replace the unit with the same or a substantially similar unit. After that 45-day period, we do not offer any returns or exchanges and you will have to work directly with the manufacturer for warranty service.
While we maintain the most liberal return policy in the industry, there are certain items that cannot be returned for very specific reasons. These items include:
Abuse of Return Privileges:
We want to make sure our customers don’t get stuck with wrong product. Unfortunately, there are those who have taken advantage of this policy. So, notwithstanding anything to the contrary contained in these Terms, we reserve the right, for those who violate the spirit for our return policy with excessive or unwarranted returns, to limit or suspend of return privileges to that customer, in our sole and absolute discretion.
3.4 Shipping Policies
Free Ground Shipping (subject to limitations):
We provide free ground shipping to the contiguous United States, on most items, excluding purchase orders and packages considered heavy or oversized by the applicable carrier. Some products will require a signature for delivery. Shipping fees to ALL OTHER LOCATIONS will be calculated individually and added to customer invoices.
Orders that qualify for free shipping are shipped via least expensive shipping method and can take up to two weeks (or more) for delivery. Notwithstanding anything to the contrary contained herein, the following restrictions on free shipping apply:
Shipping methods used by Company include, but are not limited to: UPS, FedEx, USPS and Truck/Freight companies.
Heavy or Oversize Items
The Company will determine, in its sole discretion, which items constitute “heavy” or “oversize” items. This may be based upon the requirements of the carrier the Company uses to ship such items. Heavy or oversize items will incur additional delivery charges due to their size and/or weight. The additional shipping charges will be reflected in your shopping cart and in your final checkout through the Site. Unfortunately, heavy and oversize items cannot be shipped using expedited ship methods. They can ONLY be shipped via ground delivery. Please call our Customer Service representatives at (888) 726-5910 if you would like exact shipping charges for your order.
If you have time sensitive order, please contact us before you place your order so that we can make accommodations for your order to arrive on time. Shortly after you place your order, you will receive an order confirmation email to confirm your order details. Please contact us as soon as possible if you notice any discrepancies with your order confirmation. We will follow up with an email after your package has been shipped and send tracking info, if applicable.
Although such a delay is rare, all orders are subject to a 24-hour delay to verify billing information with the credit card issuer. This hold may be necessary to protect you from credit card fraud and identity theft. Orders shipping to U.S. Military APO/FPO addresses, PO Boxes, and U.S. territories are shipped by USPS and subject to their shipping policies.
We ship only on business days. All orders placed on Saturdays, Sundays and holidays will be shipped the following business day.
Refusal of Package upon Delivery:
If, upon delivery of your order, the package is refused, or if you are not available to sign for the delivery (if applicable), you will be responsible for all shipping charges, even if your order previously qualified for free shipping.
Local duties, taxes and charges are not included in the sale price or ship charges. The Company is not responsible for any taxes outside of CA.
We are required to collect sales tax on all orders shipped to California. Your purchase is subject to sales/use tax in remaining states unless it is specifically exempt from taxation. The purchase is not exempt merely because it is made over the internet or by other remote means.
User-Created Submissions Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, information, advertisement, pictures, communications, ideas, or other material that you upload or submit to the Site (“Submissions”). Be aware that the information you post will be viewed by many people who you don't know and you should exercise good judgment and discretion when you choose to post Submissions. Even if you post anonymously, Company representatives will be able to identify your posts.
4.1 By transmitting Submissions to the Site, you agree that you will not transmit or upload any Submissions that:
4.2 No Endorsement. We neither endorse nor assume any liability for any Submissions submitted by you or other users through or on any part of the Site. We and our agents reserve the right to remove or refuse to display any and all Submissions in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing or refusing to post any Submissions.
4.3 Third-Party Sites and Information. This Site may redirect or link to other websites on the internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of material hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
4.4 Advertisement. At this time, we do not allow third party companies to advertise on our Site; however, this is subject to change at any time at our sole and absolute discretion. Please consult our updated Terms found on the Site for any future changes to this policy.
5.1 Content. For purposes of these Terms, “Content” is defined as any information, communications, published works, processes, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by us, our Affiliates or our licensors.
5.2 Ownership of Content. All Content on the Site is subject to intellectual property rights, contractual, or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with our prior express written consent. Any use of the Content other than as permitted by these Terms or any other unauthorized use of the Content may make you liable to us or our licensors for violation of intellectual property rights.
5.3 Site Use. We grant you a limited, revocable, nonexclusive license to use the Content on the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any Content from the Site for commercial use. You agree not to copy the Site or Content located on the Site; to reverse engineer or break into the Site; or to use Content, products, or services in violation of any law. Any use of the Site or the Content contained therein other than as specifically authorized in the Agreement, without our prior written permission is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
5.4 No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
6.2 Copyright Notice. We respect the intellectual property rights of others and we ask you to do the same. In instances where we are notified of alleged infringing content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
If you believe that you or someone else's copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should notify us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
Notice may be sent to our Designated Agent at:
39899 Balentine Drive, Suite 200
Newark, CA, 94560
6.3 You also acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
7.1 Login Required. In order to the access the services of this Site, or to post Submissions, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. The Company reserves the right to cancel, remove or delete your account at any time at Company’s sole discretion.
7.2 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
8.1 ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED FROM THE SITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
8.2 THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
8.4 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
9.1 IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES THROUGH THE SITE OR FROM LOSS OF USE, DATA, OR PROFIT LOSS; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, OR SHOULD YOU INCUR DAMAGES AS A RESULT OF YOUR CREATION OF PRODUCTS USING THE SITE.
YOU AGREE THAT THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ASSIGNS, MANAGERS, MEMBERS, AND ALL OTHER RELATED PARTIES) IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES THROUGH THE SITE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) FROM ANY AND ALL CLAIMS AND/OR LIABILITIES RESULTING FROM YOUR PARTICIPATION THEREIN.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.9.2 You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that may arise from your use or misuse of this Site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
10.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason at our discretion, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
10.2 No Right to Services upon Termination. Upon termination and regardless of the reasons motivating such termination, your right to services and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
11.1 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
11.3 Notices. All notices to the Company shall be in writing and shall be sent to email@example.com. You agree to allow us to submit notices to you using the email address provided by you through the Site. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
11.4 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or services provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
11.5 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products or services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
11.6 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
11.7 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.