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Terms of Use (USA)
Last updated: September 30, 2020
Please be advised that while shopping on store.solotech.com/en_US, you are dealing with the eCommerce provider Scalefast Inc., which is a company commissioned by Groupe Solotech Inc. (defined below as the “Merchant”) to handle all online sales and rentals on behalf of the Merchant.
These terms of use and all referenced documents herein, including Merchant’s Terms and Conditions (“Terms and Conditions”), are legal documents that explain your rights and obligations as a Customer regarding the purchase/rental of a Product from the Website (as defined hereinafter) (“Terms of Use“).
By using the Website, you agree to these Terms of Use. Please read them carefully. Furthermore, by making a purchase on the Website, you also agree to the Terms and Conditions (available at [INSERT LINK] or make text a hyper link), and all policies referenced therein, as may be modified from time to time without further notice. Please read them carefully.
Please also ensure to review the “Store Privacy and Cookies Policy” which also governs your use of the Website.
Definitions
Customer:
You, the user of the Website (and addressee of these Terms of Use and of the Terms and Conditions).
Merchant:
Groupe Solotech Inc. (or any of its subsidiaries)
a Canadian company having its head office at
5200 Hochelaga Street,
Montreal East, Montreal, Québec H1V 1G3
Canada
Product(s):
Product(s) sold on or rented from the Website.
Reseller:
The Merchant’s authorized reseller which operates the Website, also known as Scalefast Inc., a company having its registered office in 2100 E Grand Ave, Suite 350. El Segundo CA, 90245. The Reseller is an online and offline eCommerce solutions provider.
Website or Store:
The Merchant’s online store website is accessible at: store.solotech.com
PREAMBLE
The present Terms of Use define and regulate the contractual relation between the Reseller and you, the Customer, also defined below as the user of the Website.
The contractual relation between you, the Customer, and the Merchant shall be as set forth in the Terms and Conditions. By using the Website, you acknowledge and accept that Merchant’s sole obligations towards you is that of delivery, processing returns and warranty of the Products as per the Terms and Conditions. By using the Website, you acknowledge and agree to expressly waive and release the Merchant of any other obligations or aspect in relation to the Website or its usage (including but not limited to accounts, payment, taxes, refunds, confidentiality) and shall only seek remedy for any damages in that regard from the Reseller.
The Reseller is an online and offline eCommerce solutions provider.
The present Terms of Use apply exclusively between the Reseller and any person who visits the Website or makes a purchase/rental from the Website.
You have access to and may become familiar with the Terms of Use directly on the Website. These Terms of Use may be altered at any point in time, at the discretion of the Reseller or Merchant. Enforceable Terms of Use consist those published on the Website along with any referenced document, binding as of their date of registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms of Use.
Your failure to cancel your Account or to cease to use the Reseller’s eCommerce solutions affected by the amendment will constitute your tacit acceptance of the amended terms contained in these Terms of Use. If you don’t agree to the amendments or to any of the terms contained in this Terms of Use, your only remedy is to cancel your Account or to cease to use the Reseller’s eCommerce solutions. The Reseller shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account, nor shall the Reseller have any obligation to prorate any fees in such circumstances.
The Website or the information given or contained on the Website, including Terms of Use, may be modified by the Reseller or Merchant without prior notification.
The simple act of using the Website or of placing an order on the Website implies acceptance, without reserve, of the Terms of Use and of the Terms and Conditions.
User Account
To make a purchase/rental on the Reseller’s branded eCommerce Store, you may complete the Store’s registration process, and create a Store account (“Account“). You must be 18 years old or older to create or use an Account.
All members must be 18 years or older to make a purchase/rental on the Store. Your Account may also include billing information you provide to the Reseller for pre-orders or for faster future purchases/rentals. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on the Store that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, other than if and as expressly permitted by these Terms of Use.
Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases/rentals made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Reseller reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Reseller can allow you to register again.
You also understand and acknowledge that Accounts are user rights binding you to such an Account, and that the Reseller does not recognize any transfer of Accounts (including transfers by operation of law) from one subscriber to any third party. Each customer shall be the sole holder of his own Account.
Your purchase/rental is subject to Product requirements which you must read before purchasing a Product. The act of making a purchase/rental constitutes your tacit understanding and compliance with these requirements. The Reseller shall not be held responsible for any loss, incompatible or erroneous purchases/rentals. We encourage you to contact the Merchant’s customer service department at store@solotech.com (“Customer Service”), in such an event, so we may resolve your problem to the best of our ability.
You agree that you will be personally responsible for the use of your Account and for all activity on the Store that results from use of your Account. Your online conduct is expected to be in good faith, non-abusive and seeking any other personal interest other than the services provided. You will otherwise be held in contempt and, at the discretion of the Reseller, ensuing legal procedure may incur.
You may cancel your Account at any time. You may cease use of an Account at any time or, if you choose, you may request that we terminate your access to an Account. However, Accounts and Product delivery are not transferable, and Product purchase/rental transactions entitle you to a single right to the delivery of a Product. Your cancellation of an Account will not entitle you to any refund for any Products or fees. The Reseller holds the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.
The Reseller may cancel or terminate your Account at any time. In the event that your Account is terminated or cancelled by the Reseller for a violation of these Terms of Use or improper or illegal activity, no refund, including of any unused funds in your Account, will be granted.
Stock Availability and Sales/Rentals Fulfilment
Products are for sale/rent within the limit of available stock. Offers for Products that are out of stock shall be valid on the condition that they can be obtained from the Reseller’s suppliers. The processing and delivery of orders shall be honored upon availability of stock.
Application
Your Product order is a binding offer to the Reseller to purchase/rent the said Products. Upon the placement of an order an email confirmation will be sent to you. Such automatic confirmation does not constitute an acceptance by the Reseller of your order, but a notice of acknowledgement. The Reseller’s acceptance of your order shall occur, and a contract shall form only once the Reseller approves the order. We only accept your offer, and conclude the contract of sale/rent for a Product ordered by you, when we dispatch the Product to you and send an email confirmation to you that we’ve dispatched the Product to you (the “Fulfilment Confirmation Email“).
If your order is dispatched in more than one package, you may receive a separate Fulfilment Confirmation Email for each package, and each Fulfilment Confirmation Email and corresponding dispatch will conclude a separate contract of sale/rent between us for the Product(s) specified in that Fulfilment Confirmation Email.
Orders and Use of the Website
The orders shall be placed online via the Website or via telephone.
Automatic order confirmation errors may occur. Please check the automatic order confirmation for errors and inform Customer Service immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete. Orders will only be accepted from Customers 18 years of age and older.
The Reseller holds the right to cancel or refuse any order from a Customer with whom a previous order’s payment litigation is being resolved.
You consent to receive sales/rental invoices electronically. Electronic invoices will be made available in your Account on the Website. For each delivery, in the Fulfilment Confirmation Email you will receive a link to your electronic invoice on the Website. If you do not have an account and have not printed your invoice upon receiving the Fulfilment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy please contact Customer Service.
Order Cancellation
Notwithstanding the foregoing or any other provision found in these Terms of Use, the Reseller, reserves the right, at any time and for any reason, including its convenience, to cancel any Product order (“Cancellation for Convenience”). In the event of a Cancellation for Convenience, Customers sole indemnity, and Reseller’s sole obligation to Customer, shall be to reimburse the Customer for any amounts received for the cancelled Product order.
For all other cancellation please refer to Merchant’s “Cancellation, Returns, Exchanges and Warranties Policy”.
Delivery of Physical goods
Your order shall be delivered to the address indicated by you during the ordering procedure. The delivery delay indicated on the Website is strictly indicative and may vary with the progression of the order. The Reseller and Merchant cannot be held responsible for delayed delivery or the loss of a Product by postal services or couriers and ensuing consequences. It is your responsibility to verify the condition of the package/Product and its content upon receiving the package/Product. Your order shall be deemed to have been delivered and accepted upon shipment to you.
For all details regarding shipping, including possible free shipping, please refer to “Solotech’s Shipping and In-Store Pick Up Policy”.
Payment
At the time of purchase/rental, you will have the possibility to pay with all displayed payment methods. Any other methods will not be endorsed.
The Reseller uses SSL (Secure Socket Layer) encryption technology for your transactions. Your banking information is not stored by the Reseller. Stored banking information is stored by the payment service provider, only if you have selected the option of saving a credit/debit card to your name, for a future use during checkout or for a pre-order. Therefore, the Reseller does not have access to private banking details and credit history at any point. To prevent abuses and fraud, the Reseller only stores your address and the transaction time and date. This data remains strictly confidential.
Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.
When you provide payment information to the Reseller or to one of its payment service providers, you establish that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Reseller to charge your credit card or to process your payment with the chosen third party payment service provider for any purchases/rentals or fees chargeable to your account. The Reseller may require you to provide your address or other information in order to meet the Reseller’s obligations under applicable tax law.
If your use of the Store and purchases/rentals are subject to any type of use or sales tax, then the Reseller may also charge you for those taxes.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.
Ownership Rights
The title and ownership of the Product(s) shall be transferred to you only once full payment for said Product(s) is received. Merchant shall bear risk of loss of Products during transportation to Customer. Notwithstanding the foregoing the Customer shall bear any risk of loss, theft or destruction of Product(s) during the Customer’s possession of the Product(s) and during any return transportation. Should you not honor the payment obligations for any reason whatsoever, the Reseller shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost, risk and peril.
The Reseller makes no representations or warranties, either expressed or implied, regarding any third-party site.
Returns and Right of Withdrawal
ONLY CERTAIN PRODUCTS ARE ELIGIBLE FOR RETURNS. Please refer to Merchant’s “Cancellation, Returns, Exchanges and Warranties Policy”
For all Products which aren’t marked as “FINAL SALE”, you have fourteen (14) calendar days, counted from the date of reception of the Product, within which to return the Product, with no obligation of justification or payment of penalties. You shall only pay the return postage cost for the Product.
Customers that exercise a right to return their Product may only demand a credit for the Product’s original and paid amount, excluding all shipping, duties and custom fees. In certain circumstances, Merchant may provide you with a refund, excluding all shipping, duties and custom fees.
The original invoice of the Product must be included with the returned Product(s).
The Customer must first notify Customer Service that they will be exercising their right of withdrawal in by emailing Customer Service.
In order to return their Product, the Customer must follow the returns procedure provided by Customer Service.
If the Product is returned after the withdrawal period or if the returns procedure is not followed precisely, the Customer’s package may be refused and returned to the Customer.
The Reseller does not take title to returned items until the items arrive at the returns address destination.
Customer bares risk of loss until Product is in Reseller or Merchant’s possession.
For more details concerning return procedures, delays and eligibilities, please refer to Merchant’s “Cancellation, Returns, Exchanges and Warranties Policy”.
Product Warranty
Provided the Customer has not modified the Product or removed the Product’s serial number, as applicable, the Merchant warrants the Product as per the warranty provision found in the Terms and Conditions.
Wrong or Faulty Product
If the order you receive is not in conformity with the Order or if the Product received is faulty, you must first notify Customer Service of all disconformities/faults and inform it that you wish to return the wrong/faulty Product. You have seventy-two (72) hours from their delivery to return a wrong/faulty Product. You must also provide additional information to explain what is wrong or faulty with the Product. In order to return their wrong or faulty Product, you must follow the returns procedure provided by Customer Service.
The returned Product will be received by the Merchant or the logistics service provider and tested by experts. All returns on the grounds of a fault will be submitted for verification.
In the case the Product is wrong/faulty, Merchant, in its sole discretion shall repair or exchange the Product. If Merchant is unable to repair or exchange the Product, you will be issued a full reimbursement. You will also be reimbursed the cost of returning said faulty Product. In the case of a repair or an exchange, the cost of redelivery will be borne by the Reseller or Merchant, as applicable.
Intellectual Property
The entire content of the Website (texts, illustrations and computer code) is the property of the Reseller, the Merchant or their co-contractors (“IP Owners”).
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Reseller’s Service or the Website are trademarks or trade dress of the IP Owners. The IP Owners’ trademarks and trade dress may not be used in connection with any Product or service that is not provided by the IP Owners, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the IP Owners. All other trademarks not owned by the IP Owners that appear in any Reseller’s Service or the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the IP Owners.
Links to Third Party Websites
The Store may contain links to other websites. The Reseller does not have any control over these other websites and is not responsible for their content or security. If a Member clicks on a link to such website, he/she does so at his/her own risk and is subject to the privacy policy, and terms and conditions of that website.
Confidentiality
Personal data you provide shall not be given to any third party other than the Merchant, and the Reseller’s service providers (such as payment and delivery services).
By placing an order via the Website, you commit to providing accurate and true information. Your personal data is indispensable for the dispatch of the merchandise and invoice. If personal data is not provided the order shall be cancelled. Your personal data shall be used to deliver ordered Products, to inform you of new offers from the Merchant, and to contact you should a problem arise concerning the order.
Regarding further information on the privacy and processing of your personal data, please refer to our Privacy Policy, available on the Website. These Terms of Use are prevalent to the Privacy Policy, should any conflict ensue. Please refer yourself to these Terms of Use as a reference for your purchases/rentals and rights through your interaction with the Reseller.
Responsibilities
You agree that these Terms of Use do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.
When you use the Website, you may also be using the services of one or more third parties, such as a payment service provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties. We advise you to refer to these third parties’ policies.
You acknowledge that you connect to the Website and use its services at your own risk. The Reseller holds no responsibility for any direct or indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Reseller guarantees it shall take all sensible measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Reseller cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. The Reseller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay. The Reseller holds no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. The Reseller holds no responsibility for not honoring its contractual obligations, in the event of chance occurrence, unavoidable accident or an Act of God as defined by the laws and precedents of the applicable jurisdictions.
Nor in any event will the Reseller be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the Store, the software, and any information available in connection therewith, or inability to use the software, or any information, even in the event of the Reseller’s or its affiliates’ fault, tort (including negligence), strict liability, breach of contract, or breach of the Reseller’s warranty and even if the Reseller has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate recompense.
You agree to defend, indemnify and hold harmless the Reseller, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of these Terms of Use or the use of the Store, by you or any person(s) using your Account, or from the Product selection to the creation of an Account, the purchase/rental, distribution, promotion and use of any add-ons or derivative Products. The Reseller holds the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to the Reseller in that matter. This section regarding responsibilities shall survive termination of these Terms of Use.
If you provide the Reseller with any feedback or suggestions about the Store, or any Reseller’s software, Products or services, the Reseller is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
The Reseller and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale/rental of Products was formed.
The Reseller may inform you through an online notice in the case of systems’ maintenance and shall not be held responsible for any incurring ensuing delays or consequences.
Product Information
Your purchase/rental is subject to a Product description, which you must read before purchasing a Product. Some Products sold on the Website may be described as used, damaged or contain normal wear and tear. The act of making a purchase/rental constitutes your tacit understanding of and compliance with this description. The Reseller or Merchant shall not be held responsible for any loss, incompatible or erroneous purchases/rentals.
All photographs used to illustrate the Products and services are non-contractual and cannot bind the Reseller or Merchant in any way.
Unless expressly indicated otherwise, the Reseller and Merchant are not the manufacturer of the products sold on the Site. While we work to ensure that Product information on our Website is correct, actual Product packaging and materials may contain more and different information to that displayed on our Website. All information about the Products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the Product before use.
Customers’ public statements
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We hold the right to remove or edit such content. If you believe that any content on or advertised for sale on any Reseller’s Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Reseller’s Service, please notify us by contacting our customer support by clicking on the Contact Us section, we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) the Reseller a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) the Reseller, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Reseller including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify the Reseller for all claims brought by a third party against the Reseller arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.
If you believe that any content on, or within a product advertised for sale on, the Website contains a defamatory statement, please notify the Reseller immediately.
Applicable Law – Competent Jurisdiction
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, THE RESELLER, ITS LICENSORS, AND ITS AND THEIR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You agree that these Terms of Use shall be deemed to have been made and executed in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of California. Subject to Dispute Resolution by Arbitration below, you agree that any claim asserted in any legal proceeding by you against the Reseller shall be commenced and maintained exclusively in California, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under these Terms of Use, the prevailing party will be entitled to attorneys’ fees and expenses.
Nothing in these Terms of Use limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.
If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
DISPUTE RESOLUTION BY ARBITRATION
Most user concerns can be resolved by contacting our Customer Support at the Contact Us area. If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we agree to resolve it.
YOU AND THE RESELLER AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THESE TERMS OF USE; OR (iii) YOUR USE OF THE STORE, YOUR ACCOUNT OR THE RESELLER SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which you or the Reseller may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited discovery. It follows different rules than court proceedings and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND THE RESELLER ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and the Reseller agree to make reasonable efforts, in good faith, to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and the Reseller do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or the Reseller may commence arbitration. Written notice to the Reseller must be sent via postal mail.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Terms of Use, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of these Terms of Use.
The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
YOU AND THE RESELLER AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. The ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and the Reseller also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to these Terms of Use and all other actions or arbitrations
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and the Reseller agree that it shall not be severable, that this entire section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
These Terms of Use shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all provisions, of this section alone, such provisions will not apply to you.
Except as otherwise expressly stipulated in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect.
These Terms of Use and the Reseller’s Privacy Policy constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.
Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, for all of which we hold an unmitigated discretion to execute. Furthermore, by submitting an infringement notice, you grant the Reseller the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Reseller for all claims brought by a third party against the Reseller arising out of or in connection with the submission of your infringement notice.
Customs
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Product or allow use of your Account by individuals situated in a country subject to an embargo or prohibition of any form from the US government, the European Union or NATO. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
When ordering products from the Reseller they may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.