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Orders
Shipping
Warranty
Returns
Terms & Conditions
ORDERS
Prices
SigFx Energy, LLC offers competitive prices on current SaFPWR products.
Your total order price will include the price of the product on the day
of shipping plus any applicable sales tax, handling and shipping charges.
SigFx Energy, LLC reserves the right to change prices for products displayed
on its website at any time and particularly to correct pricing errors that
appear on the website.
Shipment Date
The estimated shipment date on your order is based on product availability,
payment processing time, and warehouse processing time and does not include
transit time. SigFx Energy, LLC does not begin payment or shipping
processing until it receives all of the information that it needs and full
payment and/or a full credit card authorization. SigFx Energy, LLC will
begin payment processing for orders placed on weekends or holidays on the
next business day. Business days are Monday through Friday, excluding
federal holidays.
SigFx Energy, LLC generally packs orders Monday - Friday. If you receive an
email from us on a weekend or legal holiday indicating that your order has
shipped, please be aware that it will ship the next business day. Your order
for in-stock items that are eligible. For next-day shipping must be received
before 1:00 p.m. CST, pending payment processing, for there to be adequate
time for your order to be processed and dispatched.
Please note:
All orders are subject to approval by our verification department. We
will notify you by phone or email should your order be delayed. Please
review the Product Availability section below for more information regarding
order processing and product availability times.
Product Availability
SigFx Energy, LLC makes every effort to supply you with the products you
order. However, there may be occasions when an order is confirmed and it is
later determined that the ordered products cannot be shipped, either at all
or in the quantities ordered. In these circumstances, SigFx Energy, LLC will
contact you to inform you that the products ordered will not be shipped and
may suggest alternative products that might meet your needs. If you do not
wish to order alternative products, SigFx Energy, LLC will cancel your order
for products it cannot supply and for any other products that you no longer
wish to order as a result, and will refund your purchase price for those
products.
Given the popularity of some products, SigFx Energy, LLC may restrict
the number of items that you may purchase. SigFx Energy, LLC will post
limitations on quantity on its website or will inform you of product
purchase limits at the time it processes your order. SigFx Energy, LLC
reserves the right to change quantities available for purchase at any time.
Order Lead Times
Shipping dates may change due to changes in supply or other considerations.
If the lead-time changes, SigFx Energy, LLC will contact you via email and
provide a revised shipping estimate.
Proof of Purchase
SigFx Energy, LLC will send you a confirmation of your order via email
if you have included an email address with your order. If you have not
included an email address, you will receive a confirmation of your order by
regular mail when your order is shipped.
Payment Methods
We accept Visa and MasterCard.
Sales Tax
In addition to the price of your purchases, SigFx Energy, LLC will
charge you sales tax based on your shipping address and the sales tax rate
in effect at the time your order is billed.
If the sales tax rate for the state to which your order is being shipped
changes before the product is shipped, the rate in effect at the time your
order is invoiced will apply.
SHIPPING TERMS
Shipping Orders
Orders will be shipped within one business day of when the completed order is received and payment is processed, unless you are notified at the time order is placed or receive an email notice after the payment is processed, that an item is on delayed shipping status. Note: This does not apply to preorders or items that are on back order status. If an item is on back order, a message will appear on the product page before you add the item to the shopping cart.
Delivery Address
A complete and correct delivery address is essential. If a package is returned to us due to an incorrect or incomplete address provided by you (the customer) or your agent, we will contact you immediately for a correction, and the package will be re-shipped at an additional shipping fee. An additional fee may apply if an address change is made while the package is en route. You must include a daytime telephone number for all orders.
Shipping Fees
Shipping fees are based on the destination, size and weight of your item(s) and are calculated dynamically based upon the current rates for the shipping method selected. You can calculate your estimated standard shipping fee for any product by adding product to you shopping cart, click on estimate shipping and including your zip code.
Shipping Options
We offer shipping via the United States Postal Service and Federal Express. You will have the ability to choose your shipping method before you check out.
Delivery Times
If your order is being shipped from SigFx Energy, LLC to a US shipping address and your item is not on back order, you can determine your expected delivery date from the shipping option you select. These dates are based on carrier shipping practices, destination and the items you order. (Expected delivery dates are only estimates. Orders can be delayed due to verification or time of order being placed. Items that are not regularly stocked cannot be held to the expected delivery dates.) Orders may be delivered in separate shipments. Order cutoff times for 1-Day and 2-Day Shipping Options are: Monday - Thursday: 1:00pm CST; Friday: 10:00am CST. No orders are shipped on Saturday or Sunday.
Standard Shipping
Products shipped via standard service are normally delivered within six business days after shipment.
Guaranteed Delivery Dates
Guaranteed delivery dates" for items shipped in a timely manner from SigFx Energy, LLC become the responsibility of the carrier.
2-Day Shipping
For an additional charge, SigFx Energy, LLC offers this expedited shipping option for most products. Products shipped via two-day service prior to 5:00 p.m. CST are normally delivered by 4:30 p.m. local time two business days after shipment.
2-3 Day International Shipping
For an additional charge, SigFx Energy, LLC offers this expedited shipping option on products shipped from international locations. Products shipped prior to 5:00 p.m. CST are normally delivered by 4:30 p.m. local time within three business days after shipment.
Overnight Delivery
For an additional charge, SigFx Energy, LLC offers this expedited shipping option on most of SigFx Energy products. Products shipped prior to 5:00 p.m. CST via overnight service are normally delivered by 3:00 p.m. local time one business day after shipment. Overnight delivery is not available for orders shipping to Alaska and Hawaii.
Delivery Notice
Remember that these estimates are for time in transit only, and that they do not apply until the product leaves SigFx Energy, LLC’s facilities. As the delivery of your order is beyond SigFx Energy, LLC’s control once your order leaves SigFx Energy, LLC’s facilities, SigFx Energy, LLC cannot assume liability for late deliveries.
Undeliverable Packages
Occasionally packages are returned to SigFx Energy, LLC as undeliverable. When the carrier returns an undeliverable package to SigFx Energy, LLC please contact SigFx Energy, LLC to make arrangements for reshipment.
Failed Delivery
If a carrier attempts to deliver a product, fails and returns the product to SigFx Energy, LLC. SigFx Energy, LLC will attempt to contact you to make arrangements for an additional delivery attempt. Any additional costs associated with the delivery of the package are the purchaser’s sole responsibility.
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LIMITED WARRANTY
SafPWR® SMART BATTERY CASE - SafPWR® UNIVERSAL LAPTOP BATTERY - SafPWR® BELT CLIP - SafPWR® LEATHER CASE
SigFx Energy, LLC (the “Company”) makes the limited warranty described below to the original purchaser of the SafPWR® product (the “Product”) only if the original purchaser of the Product completes the information requested in a Registration Card, forwards the Registration Card to the Company and the Company receives the Registration Card within 30 days of the date of the purchase of the Product. Instructions for electronic completion and delivery of the Registration Card are enclosed with this limited warranty. An original purchaser meeting these conditions is referred to herein as a “Qualified Purchaser.” IF THE REGISTRATION CARD IS NOT RECEIVED BY THE COMPANY WITHIN 30 DAYS OF THE PURCHASE DATE, THE COMPANY MAKES NO EXPRESS WARRANTIES AS TO THE PRODUCT.
Subject to the further terms contained below, the Company warrants to Qualified Purchaser that the Product shall be free from defects in material and workmanship for a period of: (i) one (1) year from the date of purchase if the Product is any SafPWR® Product other than a belt clip; or (ii) ninety (90) days from the date of purchase if the Product is a belt clip.
This limited warranty applies only to SafPWR® branded products and does not apply to any Company products that do not bear the SafPWR® brand name even if packaged or sold with SafPWR® branded products. This warranty does not include cosmetic damage, such as scratching or surface damage, or normal wear and tear. This warranty applies only if the Product is used in accordance with the written use instructions, if any, provided with the Product. This warranty does not include damage to or defects in the Product related to: (i) fire; (ii) flood and other acts of God; (iii) accident; (iv) misuse or neglect; (v) improper handling, installation, storage, testing or operation; or (v) repair, maintenance, alteration, modification, assembly or tampering of or to the Product by the Qualified Purchaser or any other person or entity other than the Company or its designees.
If the Product should prove defective during the applicable warranty period, the Company will repair (including parts and labor) or replace the Product, in the Company’s sole discretion, only if, the Qualified Purchaser provides the Product to the distributor from whom the Qualified Purchaser purchased the Product, together with proof of purchase indicating the purchase date of the Product and a check or money order for U.S. $15.00 for shipping and handling.
The Company shall have no liability or responsibility whatsoever, and this warranty is not applicable to, damages to or loss of the Product arising during shipment of the Product to the Company for servicing, or return of the Product to the distributor or the Qualified Purchaser.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, ANY IMPLIED WARRANTIES APPLICABLE TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD DESCRIBED HEREIN.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
THE LIMITED EXPRESS WARRANTY MADE HEREIN TO THE QUALIFIED PURCHASER IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES. THE QUALIFIED PURCHASER’S SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE REPAIR OR REPLACEMENT AS EXPRESSLY PROVIDED ABOVE.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT FOR ANY REASON OR FOR ANY OTHER PURPOSE WHATSOEVER.
Some states do not allow the exclusion of incidental or consequential damages, so the above limitation may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights that vary from State to State.
The warrantor under this Limited Warranty is SigFx Energy, LLC, 1865 McGee Lane, Suite K, Lewisville, Texas 75077, Attn: Warranty
To file a warranty claim, login to your customer center account and click on the "contact support" link under the support column heading.
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If you are not completely satisfied with your purchase from safpwr.com, you may return your item(s) within 14 calendar days of shipment for replacement or refund. Claims for damaged or missing items must be received within two business days of receipt of merchandise. After 14 calendar days, we cannot accept returns for any reason other than defects. Please visit us online at safpwr.com and complete a return authorization form if you want to return a SaFPWR product purchased by you directly from SigFx Energy, LLC on safpwr.com.
If you have purchased the SaFPWR product from a reseller or distributor you may be eligible for a full credit within the reseller or distributor's return policy. You should contact the location where you purchased the product, as return/warranty policies may vary.
Exchanges and Refunds
In the event you have decided within 14 days of purchase that you do not want to retain the SaFPWR product you purchased from us, you have the option of exchanging the item(s) or receiving a refund for the full amount of the original purchase price. Refunds on returned items will be issued in the matching payment form as tendered at the time of purchase. The refund amount will be your actual purchase price paid excluding any freight costs. If you paid for your item with a credit card, we will credit your account after we have received the returned product. If payment was made by check, the refund check will be issued after we receive the returned item or 10 business days from the date of purchase whichever is longer.
Conditions
SigFx Energy, LLC reserves the right to refuse an item returned or charge a restocking fee of twenty percent of the actual purchase price paid. SigFx Energy, LLC will not accept a return of or offer refunds for products that are custom configured to your specifications or personalized in any manner. SigFx Energy, LLC will not provide refunds for gift cards purchased from it.
How to return or exchange an item
If you desire to return an item you will need to login to your customer center account and fill out a return authorization form. The Return Authorization form is available under the order column heading in the customer center. After the form has been completed by you and submitted to us, we may issue a Return Authorization Number (RAN). Please be advised that SigFx Energy, LLC will not accept returns without prior authorization and the appropriate RAN. In addition, you must follow the return guidelines set forth below to enable us to process your return in a timely manner.
- Repack the item in its original packaging. Please make sure that you include all manuals, cords and other items that were in the original package.
- Place the original package with the returned item into a shipping carton.
- Include the invoice and the reason for the return. If you believe the product is defective, please tell us specifically why you believe the product is defective.
- Please do not place stickers or shipping labels on the original manufacturer's package.
- Write the RAN clearly on the exterior shipping carton. Please be advised that your return will not be processed if the RAN is not clearly written on the outside of the shipping carton. If you received an emailed label from us, please print the label and tape it to the exterior shipping carton.
- Ship via insured ground service with a tracking number postage prepaid. All costs associated with the shipment of the return are your responsibility. We will not accept C.O.D. deliveries and are not responsible for lost or damaged packages.
- Please allow 2-3 days from date we received the package for us to process your return.
If you would like to cancel a pending order, you can do so provided that the order has not yet entered the shipping process. If the item you want to cancel has already entered the shipping process, it cannot be canceled by you or by our customer service department. However, you can return the item for a refund within 14 calendar days of shipment.
Please send all preauthorized returns to:
SigFx Energy, LLC
1865 McGee Lane, Suite K
Lewisville, Texas 75077
Returning or Exchanging Requirements
- All returned or exchanged items must be in new condition, in their original box, and must include all packing material, manuals, documentation, and accessories. The value of any missing items will be deducted from the credit amount of a return. For exchanges, we will exchange only what the customer returns.
- Faulty items may be repaired or exchanged at our discretion for the equivalent model.
- Any merchandise missing the original Universal Product Code (UPC) cannot be returned.
- The product must be in new unused condition along with all packaging from the original purchase and must show no signs of user wear
- We recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to us or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping.
- If you are located outside the United States Domestic delivery area, our standard Return and Refund Policy applies but you are responsible for shipping the product back to our United State’s return address, plus handling, customs, and inventory liability
Defective Items
If you believe a SaFPWR branded product is defective, please login to your account in the customer service center. If your product does have a defect, your product is covered under the terms of your product's warranty. Please refer to the warranty information and other supporting documentation that came with your product or review our warranty policy outlined on this website.
SigFx Energy, LLC reserves the right to modify its exchange and return policy. Click here to access customer service center login.
SIGFX ENERGY, LLC TERMS AND CONDITIONS OF USE
Introduction
This website (“Site”), operated by SigFx Energy, LLC or its affiliates (the “Company”), is comprised of various web pages, resources, products and services. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, including any documents, policies and guidelines incorporated by reference. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. Your use of a web page or website included within the Site network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). These terms and conditions of use (“Terms”) are in addition to, and not in limitation of, the provisions of any other agreement you may enter into with the Company.
Please Read the Following Terms of Use and Disclaimers Carefully Before Using This Site.
By accessing or using this Site, you agree to these Terms and Conditions of Use, the terms of the Limited Warranty, the Shipping Terms, any Additional Terms, and all applicable laws. If you do not agree to these terms you may not use this Site.
Modification of These Terms and Conditions of Use.
The Company reserves the right to change the terms, conditions, and notices under which the Site is offered without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. You are responsible for regularly reviewing these Terms.
Authority
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you represent and warrant that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.
Use of Site; Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with the Company or to purchase the Company’s products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of the Company is strictly prohibited.
Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks
All information, text, graphics, logos, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software, and other material, services or content that make up this Site (collectively, the “Content”); the selection, arrangement, and presentation of all Content; and the overall design of this Site are the property of the Company or affiliates or its licensors. Copyright © 2009 SigFx Energy, LLC. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to the Company, or other respective owners that have granted the Company the right and license to use such Marks.
Typographical Errors; Colors
In the event a Company product or service is listed at an incorrect price due to typographical error, inaccuracy, or omission (including errors in information received from our suppliers), the Company shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.
We have made every effort to display, as accurately as possible, the colors of our products that appear on this Site. However, as the actual colors you see depend on your computer monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Online Orders
In order to protect the Company and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders, including, but not limited to, validating information provided to us or limiting the amount of products and/or services that may be ordered online by a single individual or entity. The Company reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. The provisions relating to Copyrights and Trademarks, Claims, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws, and Jurisdiction, shall survive any termination of these Terms.
User Participation
The Company does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, (d) violates any law or regulation, or (e) offensive or otherwise unacceptable to the Company at its sole discretion.
User Submissions
Any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to the Communications. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
Third-Party Links
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with the Company, the Company has no control over these linked sites. The Company has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that the Company sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Claims
Each claim or statement about the effectiveness of the Company’s products and/or each claim or statement comparing the effectiveness of the Company’s products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Disclaimer
The Company makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.
The Company does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, managers, members, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Applicable Laws and Jurisdiction
Your use of this Site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of the Company’s products) shall be in the state or federal courts located in Dallas, Texas. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of the Company’s products) must be commenced within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. The Company may assign its rights and duties under this agreement to any party at any time without notice to you.
The Company makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Texas do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.
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