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Thank you for visiting beetronics.ca (the “Website”). The Website is operated by Beetronics Inc. These Terms and Conditions are entered into by and between the applicable person or entity accessing the Website or using the Service (“you,” or “your” and, to the extent applicable based on the definitions below, “User” and/or “Purchaser”) and Beetronics Inc. (“Beetronics,” “we,” “us” and “our”). The following Terms and Conditions, together with any documents expressly incorporated herein by reference (collectively, “Terms and Conditions,” “Terms of Service,” and/or the “Terms”) govern your access to and use of the Website, including any content, functionality, and the Service (as defined below) offered on or through the Website. Capitalized terms used and not defined elsewhere in these Terms will have the meaning set forth in Section 1.1 below.
By visiting our Website and/or using our Service, you agree to be bound by these Terms, including without limitation those terms and conditions and policies incorporated by reference herein. These Terms apply to all Users of the Website, including without limitation Users who are customers, vendors, merchants, contributors of content, browsers, and/or visitors.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website or the Service, you agree to be bound by these Terms (including without limitation certain limits on liability and an agreement to arbitrate disputes or claims). IF YOU DO NOT AGREE TO ALL OF THE TERMS, THEN YOU MUST NOT ACCESS THE WEBSITE AND YOU MUST NOT USE OUR SERVICE.
We reserve the right to modify these Terms at any time in our sole discretion, and accessing or using our Website or the Service following any such modification constitutes your acceptance of, and agreement to be bound by, such modified Terms. If we make changes to the Terms, we will provide you with notice of such changes by updating the “Last Updated” date at the end of these Terms. It is your responsibility to review these Terms prior to accessing or using the Website or the Service. Additional information and agreements with respect to modification of these Terms is set forth below.
If these Terms are incorporated (by reference or otherwise) into any purchase order, quote, or other contract, offer, or agreement to purchase goods or services from Beetronics, the party purchasing goods or services from Beetronics (and each other party to such purchase order, quote, or other contract, offer, or agreement other than Beetronics) will be deemed “you,” “User,” and “Purchaser” for purposes hereof and these Terms will apply to each such party as if such party navigated to the Website and made the purchase designated in such purchase order, quote, or other contract, offer, or agreement directly from the Online Store.
Section 1 of these Terms are applicable to you in all circumstances, whether or not you purchase a Product. Section 2 of these Terms apply to you in your capacity as Purchaser, if applicable.
TABLE OF CONTENTS
Section 1. GENERAL TERMS
Section 1. GENERAL TERMS
| 1.1 | Definitions. In addition to terms defined elsewhere in these Terms of Service, the following terms, when used herein, will have the meaning provided for such terms below.
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| 1.2 | Privacy Policy. Our Privacy Policy (as amended from time to time, the “Privacy Policy”) is located at beetronics.ca/privacy and is fully incorporated into these Terms of Service by reference. By using the Website or the Service, you accept and agree to be bound by and subject to the Privacy Policy and you are consenting to the collection, disclosure, and use of all information you provide or which is otherwise obtained from or regarding you, including without limitation your User Content, in accordance with the terms of our Privacy Policy. Your submission of personal information through the Website or Service is governed by our Privacy Policy. Our Privacy Policy may be updated or modified at any time in accordance with its terms, and you agree that you and all information and data collected from or regarding you will be bound by the Privacy Policy as updated or modified from time to time. | ||||||||||||||||
| 1.3 | License. Subject to all of the terms and conditions herein, we grant you a nonexclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Website and the Service available through the Website solely for your own personal purposes, provided, however, that such license shall be limited to those forms of use of the Website and the Service that are readily and intentionally provided by us through the Website or as part of the Service. You agree not to access or use the Website or the Service for any other purpose. You are solely responsible for obtaining any subscription or connectivity services or equipment necessary to access the Website and the Service, including but not limited to payment of all third-party fees associated therewith. Any unauthorized use of the Website or Service automatically terminates the limited licenses granted in this Section 1.3. | ||||||||||||||||
| 1.4 | Access. To use the Service and access certain features of the Website, you may be required to provide certain registration details or other information to create a user account and obtain login credentials. It is a condition of your use of the Website and Service that all the information you provide on the Website is correct, current, and complete, and as such you: (a) represent and warrant that all information that you provide on the Website or in connection with your use of the Service is correct, current, and complete as of the time it is provided; and (b) will promptly (and in any case within five (5) business days) update any such information if such information for any reason becomes, or your discover such information to be, incorrect, inaccurate, or incomplete. You agree that all information you use to register with the Website, or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. All credentials are owned by Beetronics, even if set up and/or submitted by you, and we reserve the right to disable or revoke your credentials at any time and for any reason, including without limitation if we have reason to believe such credentials are being misused, if we have reason to believe such credentials have been compromised, or if you are in breach of these Terms. | ||||||||||||||||
| 1.5 | Acceptable Use. By agreeing to these Terms of Service, you represent that you are at least of an age that is: (a) the age of majority in your state or province of legal residence; and (b) legally permitted to enter into and be bound by agreements as of the date of your access and/or use of the Website and/or Service without the consent or approval of any other person (the “Minimum Age”). THE RIGHT TO ACCESS AND USE THE WEBSITE AND SERVICE IS AGE RESTRICTED, IF YOU ARE UNDER THE Minimum Age YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICE. | ||||||||||||||||
| 1.6 | Usage Restrictions. You will only use the Service and Website in accordance with these Terms of Service and our guidelines and policies as may be published or made available from time to time (and which such guidelines and policies may be updated or revised at any time by Beetronics in its sole discretion and without notice). Without limiting the foregoing, you agree that you will not, under any circumstances, use the Website or Service: (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, libel, disparage, intimidate, or discriminate against any person, including on the basis on gender, sexual orientation, identity or expression, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any type of malicious code that will, might or could be used in any way to affect the functionality or operation of the Website, Service or 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 as determined by us; or (k) to interfere with or circumvent the security features of the Website, Service, or any related website, other websites, or the Internet; (l) use, design, or assist in the design of cheats, exploits, automation software, bots, hacks, mods, scripts, or any unauthorized software designed to modify, interfere, or interact with the Service or any Website experience; (m) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support Website or the Service or the enjoyment of the Website or the Service by any other person; (n) attempt to gain unauthorized access to the Website, the Service, accounts registered to others, or to the computers, servers, or networks connected to the Website or Service by any means other than the user interface provided by us, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Website or the Service; (o) engage in any act that we deem to be in conflict with the spirit or intent of the Service, including, but not limited to, circumventing or manipulating these Terms of Service, our guidelines or policies; (p) harass, bully, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Beetronics employees, or attempt to do any of the foregoing; (q) create an account or access the Service if you are under the Minimum Age; (r) fail to monitor your account or fail to prevent use of your account by others; (s) use any unauthorized payment method or provide any false, incorrect, or incomplete information in connection with your use of the Website or the Service; (t) use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals; or (u) use an account or credentials belonging or issued to any other person or entity. You accept full responsibility for any unauthorized use of the Website or the Service by any other person or entity (including without limitation any use of the Website or the Service by minors) in connection with your account or your user credentials. You are responsible for any costs, expenses, fees, fines, penalties, liabilities, damages, or other amounts that become due or payable as the result of the use of your account or credentials, including without limitation as a result of any unauthorized use of the Website or the Service (by minors or otherwise) in connection with your account and such amounts shall become immediately due and owing. We reserve the right to terminate your access to and use of the Website and Service for violating any of the prohibited uses named above, or for any other legitimate reason, in our sole discretion. | ||||||||||||||||
| 1.7 | General Restrictions. The Website and Service are copyrighted by, and as between you and Beetronics, they are the sole and exclusive property of Beetronics. You acknowledge that the Website and Service (and their respective structures, organization, and source code) constitute valuable intellectual property (including without limitation a portion of which constitutes trade secrets) of Beetronics. Accordingly, you must not: (a) copy, modify, adapt, alter, translate, port or create derivative works of the Website, Service or other Beetronics materials; (b) permit third parties to access or use the Website or Service using your login credentials; (c) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, sublicense, or otherwise transfer in any manner the Website or Service (or any access to, or right to use, the Website or the Service, in whole or in part); (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for or any other proprietary information or trade secrets from the Website or Service; (e) remove, alter, or obscure any proprietary notices (including, without limitation, any copyright and trademark notices) of Beetronics or its licensors and suppliers from the Website or Service; (f) disseminate performance-related information relating to the Website or Service; or (g) otherwise use, reproduce, display or copy the Website or Service. You shall be exclusively responsible for the supervision, management, and control of your use of the Website and the Service. | ||||||||||||||||
| 1.8 | User Content. From time to time, you may submit User Content while accessing the Website or using the Service. In doing so, you understand and agree that your User Content 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. Note that credit card information is always encrypted during transfer over networks, and is not considered to be User Content under these Terms of Service. You agree that the personal information within your User Content, including without limitation your own personal information, will be processed by us in accordance with our Privacy Policy. You hereby grant the Company a perpetual and irrevocable, worldwide, fully paid-up, and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, introduce into circulation, commercialize, publish, distribute, sell, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication and any other medium, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content (including without limitation all Comments) as well as all modified and derivative works of the User Content, in any manner designated by Beetronics, including without limitation in connection with our provision and improvement of the Website and the Service and in any marketing and promotion of the Website or the Service. You are responsible for all User Content you post or otherwise transmit via the Service. We assume no responsibility for the conduct of any User submitting any User Content, and assume no responsibility for monitoring the Website, the Service, or any User Content for inappropriate, illegal, misleading, false, incomplete, incorrect, offensive, tortious, libelous, defamatory, or otherwise unsuitable content or conduct. We may, but have no obligation to, monitor, edit or remove User Content, that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or which violates any party’s Intellectual Property Rights or these Terms of Service. If you identify any content or materials on the Website or that are used in connection with the Service that are unlawful, offensive, threatening, libelous, defamatory, or otherwise obscene or objectionable, you agree to promptly notify Beetronics of such content or materials. | ||||||||||||||||
| 1.9 | User Comments, Feedback and Other Submissions.
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| 1.10 | Removal. We may, at any time in our sole discretion and without further notice to you, remove your User Content and/or prohibit you from using the Website or the Service. We reserve the right to refuse service (including without limitation the Service) to anyone for any reason at any time. | ||||||||||||||||
| 1.11 | Search Engines. Like any website on the internet, the Website is scanned intermittently by search engines. We do not own the search engines nor are we affiliated with them in any way. Information such as names, reviews, feedback, and other information that display on the Website may be picked up by search engines. Please do not submit or display any information unless you are comfortable with such information being seen by a search engine on the internet and potentially being made public or searchable as a result thereof. | ||||||||||||||||
| 1.12 | Third Party Links. Certain content, products, and services available via our Service and Website may include materials from third parties (“Third-Party Materials”). Third-party links on the Website may from time to time direct you to, or from time to time we may post links that direct you to, third-party websites that are not owned or controlled by us (“Third-Party Sites”). We are not responsible for examining or evaluating the content or accuracy: (a) of any Third-Party Materials; or (b) of any data, information, functions, or services contained on or provided through Third-Party Sites. We do not make any representation warranty, express or implied, with respect to any Third-Party Materials or Third-Party Sites, and we explicitly disclaim any and all liability or responsibility for any and all Third-Party Materials, Third-Party Sites, and any materials, products, or services of third parties provided or made available therein or thereby. We are not responsible or liable for any harm or damages related to the purchase or use of goods, services, resources, or content, or any other transactions made in connection with any Third-Party Sites, and you agree that your sole recourse and sole remedy with respect to any Third-Party Materials, Third-Party Sites, and any materials, products, or services of third parties provided or made available therein or thereby will be against the applicable third party in accordance with and subject to the terms and agreements of such third party. You should carefully review the third-party’s terms, policies and practices and make sure you understand them before you engage in any transaction with a third party. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the appropriate third party. | ||||||||||||||||
| 1.13 | Optional Tools. We may provide you with access to third-party tools which we neither monitor nor have any control or input over, either on the Website, through an integration with the Website or Service, or otherwise. All third-party tools are provided exclusively on an “as is” and “as available” without any warranties, representations or conditions of any kind, whether express or implied, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools, and your use of any third-party tools (including without limitation those third-party tools offered, available, or accessible on the Website or through the Service) is at your sole discretion and your sole risk. You should ensure at all times that you are familiar with and approve of the terms on which such tools are provided by referring to the terms and conditions/terms of use/terms of service of the applicable third-party provider(s), which can often be found on the third parties’ websites. | ||||||||||||||||
| 1.14 | Disclaimer of Warranties; Limitation of Liability; Risk of Loss.
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| 1.15 | Accuracy, Completeness and Timeliness of Information. We make no representation or warranty that any of the information on the Website or available or accessible using the Service is accurate, complete, or up-to-date. As such, we are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on or use of the material on the Website or available or accessible through the Service is at your own risk. The Website or Service may from time to time contain certain historical information. Historical information, necessarily, is not current and is provided for reference purposes only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website. | ||||||||||||||||
| 1.16 | Errors, Inaccuracies and Omissions. There may be information on our Website 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, to change or update information, or to cancel orders, if any information on our Website, in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted an order). We undertake no obligation to update, amend or clarify information on the Website or in the Service or on any related website, including without limitation, pricing information, except where required to do so by law. | ||||||||||||||||
| 1.17 | Indemnification.
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| 1.18 | Termination. We may, at any time in our sole discretion, for any reason or for no reason, terminate the license granted to you herein and terminate or revoke your rights to access or use the Website or the Service, including without limitation 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. You may elect to cease your use of the Website or the Service at any time, although such election shall not relieve you of any liability or obligations with respect to any access or use of the Website or Service, or any transactions entered into in connection therewith. | ||||||||||||||||
| 1.19 | Agreement to Arbitrate. Please read this section (the “Arbitration Agreement”) carefully because it requires users who are U.S. residents to arbitrate certain disputes and claims with Beetronics and limits the manner in which you can seek relief from us.
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| 1.20 | Waiver of Jury Trial. YOU AND BEETRONICS HEREBY WAIVE ANY RIGHT, INCLUDING WITHOUT LIMITATION CONSTITUTIONAL AND STATUTORY RIGHTS, TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Beetronics are instead electing that all disputes, claims or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. | ||||||||||||||||
| 1.21 | Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision of a court of competent jurisdiction is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated. | ||||||||||||||||
| 1.22 | Waiver of Claims; Limited Claim Time. You agree to bring every dispute, claim, controversy, and request for relief with respect to any event (or series of related events) or any transaction (or series of related transactions) within one (1) year following the date on which you first became aware of (or reasonably should have been aware of) such dispute, claim, controversy, or request for relief (the “Claim Period”), including without limitation as a result of receiving data or information from which you should have reasonably known of such dispute, claim, controversy, or request for relief. You hereby expressly and irrevocably waive any right to bring or assert any dispute, claim, controversy, or request for relief with respect to any event (or series of related events) or any transaction (or series of related transactions) that is not brought within the Claim Period. In addition to all of the other limitations on liability set forth herein, Beetronics will have no liability with respect to any dispute, claim, controversy, or request for relief that you do not bring within the applicable Claim Period. | ||||||||||||||||
| 1.23 | Governing Law. These Terms of Service and any separate agreements duly executed and delivered by you and Beetronics whereby we provide or make the Service available to you shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflict of laws provisions within the state. | ||||||||||||||||
| 1.24 | Headings. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service. | ||||||||||||||||
| 1.25 | 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. Any such determination shall not affect the validity and enforceability of any other remaining provisions of the Terms of Service. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. | ||||||||||||||||
| 1.26 | Waiver. 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 except as otherwise expressly set forth herein. | ||||||||||||||||
| 1.27 | Entire Agreement. These Terms of Service, together with the Privacy Policy and any policies or operating rules posted by us on or through the Website, constitutes the entire agreement and understanding between you and us and governs your use of the Website and 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 these Terms). | ||||||||||||||||
| 1.28 | Notice. Any notice required under these Terms of Service shall be sent in writing via certified mail or other reputable mail service with postage prepaid and tracking to the following and will be deemed upon delivery or verified attempted delivery to the recipient. If the notice is to us, it should be sent to: Beetronics Inc. | ||||||||||||||||
| 1.29 | Changes to the Terms. You can review the most current version of the Terms of Service at any time on the Website. We reserve the right, at any time in our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to or through our Website. It is your responsibility to check the Website for changes before your access or use of the Website or the Service. Your continued use of or access to the Website or the Service, including the acceptance of any quote provided to you on the Website, by email, over the phone, or otherwise, following the posting of any changes to these Terms, constitutes your acceptance of and agreement to be bound by the Terms as updated or modified. If you do not agree to the revised Terms, you may no longer access or use the Website or the Service. | ||||||||||||||||
| 1.30 | Contact Information. Questions about the Terms of Service should be sent to us at: info@beetronics.ca or by certified mail or other reputable mail service with tracking to 2093 Philadelphia Pike #4945, Claymont, DE 19703 United States. |
Section 2. PURCHASES AND TRANSACTIONS
Without limiting the generality of or applicability of the foregoing, in addition to the terms set forth in the foregoing Section 1 of these Terms, the terms set forth in this Section 2 will apply to you with respect to any purchases that you make utilizing the Website or the Service and, to the extent these Terms are incorporated into any purchase order, quote, or other contract, offer, or agreement, the terms set forth in this Section 2 will apply to you with respect to with respect to the purchases made pursuant to such purchase order, quote, or other contract, offer, or agreement (as if such purchases were made by you through the Online Store).
| 2.1 | Purchases. Subject to these Terms and the license provided hereby, you may use the Website or Service to make purchases through our Online Store. When acting as a Purchaser, you will access the Website and locate the Product(s) you wish to purchase. Once you have located the desired Product(s) you will have the ability to add them to your virtual cart for purchase. Once you have added the Product(s) you elect to purchase to the virtual cart, upon viewing the virtual cart you will have the option to go to a checkout webpage where you will enter or select personal information, which includes, without limitation, your name, payment information, address, phone number, email address, delivery or pickup location, and such other information designated or required by such checkout page. By providing such information, you authorize us to share all such personal information (in whole or in part, as determined by Beetronics and subject to the Privacy Policy) with: (a) third party service providers who provide payment processing services; and (b) any third-party delivery service or vendor, if any and if applicable. All data collected from Purchasers will be handled in accordance with our Privacy Policy. You hereby authorize us or the applicable payment processor to charge to the credit or debit card or bank account that you provide for a purchase: (i) the full listed price of the Product(s) you select; (ii) any applicable service fees; and (iii) if applicable, any delivery fees or charges. In addition, you acknowledge that the third-party payment processor, as applicable, may have a processing fee as detailed on the payment screen and, if so, that you will be charged (and you hereby authorize the applicable payment processor to charge) the processing fee amount in addition to the amount due for the Product(s). Any service fee, processing fee, or other amounts charged by an applicable payment processor are not refundable. The foregoing amounts owed in connection with a purchase of one or more Product(s) may be charged to your designated payment method in separate transactions and you hereby agree to pay, and authorize, each of such separate transactions. Questions, issues, or concerns regarding charges, including without limitation all requests for refunds, must be brought to our attention within the timeframe set forth in the Return Policy for the applicable Products (the “Return Period”), by email to our customer service department at info@beetronics.ca or utilizing the dispute process available to you through the Website. Issues regarding Products, including all charges and refund requests not submitted within the Return Period are not subject to review, reversal or refund. You waive any dispute or refund request that was not made within such Return Period. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO US OR THIRD-PARTY PROCESSOR IS TRUE, CORRECT AND COMPLETE AND THAT YOU ARE AUTHORIZED TO PROVIDE AND USE IT, (II) PAYMENTS MADE BY YOU FOR PURCHASES OF PRODUCTS WILL BE HONORED BY YOUR CREDIT CARD COMPANY OR BANK, AS APPLICABLE, AND (III) THAT ALL TRANSACTIONS SUBMITTED BY YOU ARE BONA FIDE TRANSACTIONS FOR THE PURCHASE OF PRODUCTS AND DO NOT VIOLATE ANY LAW APPLICABLE TO YOU OR THE JURISDICTION IN WHICH YOU RESIDE. In addition to all other remedies available, we reserve the right to, and may in our sole discretion, close the account of, and prohibit use of the Website and the Service by, any Purchaser that charges back, reverses, or otherwise fails to complete or honor any transaction submitted by such Purchaser (including without limitation any ACH reject, credit card charge back, or other transaction reversal for any reason). Any charge back, reversal, or other failure to complete or honor any transaction submitted by a Purchaser shall not relieve such Purchaser of responsibility or liability with respect to such transaction, and Purchaser hereby agrees to and consents to any action brought by us to enforce our rights or recover any and all damages, including without limitation all costs of collection, resulting from any such failure to complete or honor the submitted transaction. | ||||||||
| 2.2 | Display of Products. We have undertaken reasonable efforts to accurately display the colors and images of Products that appear on our Online Store. We cannot, and do not, guarantee that your device’s display of any color or other product-related details will be consistent or 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, services, or the pricing thereof are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product or service at any time and for any reason. Any offer for any Product or service made on or through the Website, whether through the website, by e-mail, by phone or by other means of communication, is void where prohibited. We do not represent or warrant that the quality of any Products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Website or Service will be corrected. | ||||||||
| 2.3 | Modification to the Products and Prices. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our Website or Service (or any part thereof or any Product offering) at any time without notice. We shall not be liable to you or to any third party for any temporary or permanent modification, price change, suspension or discontinuance related to our Website, Service or any Product. | ||||||||
| 2.4 | Order Cancellation Right and Return Policy. Any Products you purchase through the Website can only be returned in accordance with these Terms of Service and our then current Returns Policy (the “Return Policy”), which is incorporated herein by reference. Please read our Returns Policy to learn more about your right to (and certain limitations on your right to) return a Product that you have purchased through the Website. Your right to Products purchased from us only applies to Products that are returned in the same condition as you received them. When attempting to initiate a return, you must include all of the Product’s instructions, documents, accessories, and wrappings. Products that are damaged or otherwise not in the same condition as they were sent to you, or which are worn beyond the ordinary wear and tear of opening the original packaging, will not be eligible for a refund. We reserve the right to modify or update or Return Policy, in whole or in part, at any time in our sole discretion. If any change to our Return Policy is made, such revised Return Policy will apply to all purchases made from and after the date of such change, but will not change the return rights available to you with respect to purchases made prior to the date of such modification (and the Return Policy in effect as of the date of such purchase will remain applicable to such purchase). It is your responsibility to review the Return Policy prior to making any purchase. | ||||||||
| 2.5 | Cost of Returns. Shipping costs incurred by you for returning our Products are your sole responsibility, and no reimbursement will be made by us for shipping costs. In the event that you are eligible for a refund, we will reimburse you for the value of your order no later than fourteen (14) days from the date on which we receive the returned Product from you, or from the date you indicated to us that there was an issue with a Service, as the applicable case may be. We use the same means of payment for eligible refunds as was used to place the order. | ||||||||
| 2.6 | Product Standards. We will make every reasonable effort to deliver Products in accordance with the standards provided for in the product description set forth on our Website for the designated product (or, if applicable as set forth in the applicable purchase order). Upon delivery to Purchaser, Purchaser is solely responsible for assessing whether the delivered Products conform to the applicable order. If a Purchaser believes the Product(s) received is not as described on the online Store, Purchaser’s sole remedy is to request a replacement or refund from us, which such request must be made within the Return Period and in accordance with the Return Policy. You will not be issued a refund or replacement if: (a) you fail to make the applicable request within the Return Period; (b) you do not follow the Return Policy or are not entitled to a refund or replacement pursuant to the Return Policy; or (c) the Product is not in the condition as it was when sent to you. | ||||||||
| 2.7 | Disclaimers; Specific Use. All Products are, unless explicitly provided otherwise by us in a warranty or as part of the transaction terms, provided exclusively on an “as is” and “as available” basis and we make no representation or warranty, express or implied, with respect to any Product. Any statements or information about a Product and its functionality in any marketing materials, promotional materials, or communication with you or available to you (including without limitation on the Website or the Service) constitutes technical information and is not an express representation, warranty, or guaranty. We expressly disclaim any representation or warranty, including without limitation the implied warranties of merchantability, fitness for a particular purpose, availability, and non-infringement with respect to each Product, and your purchase and use of a Product is at your sole risk. If a Purchaser orders Products for a specified use, the Purchaser is solely responsible for assessing and determining whether the Products are suitable for the specific application in which they are intended to be used prior to purchasing such Products. In furtherance of, and not in limitation of, the foregoing, the Purchaser is responsible for ensuring that any Product that Purchaser elects to purchase, whether for integration with any other product or service, use in a particular industry, use in a particular manner, or otherwise, is used in compliance with and meets all applicable legal and industry-specific regulations, standards, and certifications necessary or appropriate for such integration and/or use. We disclaim any and all liability arising from a Product not complying with specific application standards and make no representations or warranties that the Products are fit for a particular purpose or compliant with industry-specific regulations and certifications in any sector. In addition, we are not responsible or liable for any inspection (or costs associated with an inspection) to ensure the Products are compliant with any applicable laws, regulations, standards, or certifications, and it is Purchaser’s obligation to conduct and such inspection and ensure all such compliance at Purchaser’s sole cost and expenses. We make no claim that our Products will be suitable for any particular application or usage. Any costs arising from the inspection of Products by Purchaser to determine regulatory compliance shall be at the sole expense of Purchaser. | ||||||||
| 2.8 | Installation of Products; Restrictions on Use. Purchaser is responsible for the proper installation of all purchased Products and will adhere to those installation instructions provided or made available by Beetronics with respect to such Products. The failure by Purchaser to follow or adhere to the installation instructions provided or made available by Beetronics with respect to a Product will: (a) void any warranty provided with respect to such Product; (b) terminate Purchaser’s right to any refund, return, or exchange right with respect to such Product, notwithstanding anything to the contrary in the Return Policy; and (c) constitute and be deemed a waiver by Purchaser of any and all claims against Beetronics with respect to such Product. Purchaser will not combine or integrate any Product with any software or hardware if such combination or integration would, or otherwise use, sell, or market any Product or combined solution in any manner which would, misappropriate or infringe on any third party’s intellectual property rights or other proprietary rights. | ||||||||
| 2.9 | Indemnification. Purchaser will indemnify, defend, and hold harmless Beetronics and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and interns, from any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including without limitation reasonable attorneys’ fees) arising out of or relating to: (a) Purchaser’s improper installation of Products (including without limitation any installation or setup of the Products in a manner inconsistent with, contradictory to, or different than the manner set forth in the installation instructions provided by Beetronics); (b) use of Products, directly or as part of any other product or system or use of Products (whether individually or together with any other hardware or software) in violation of applicable laws, regulations, or other requirements; (c) infringement of any third party’s intellectual property rights or other proprietary rights due to Purchaser’s use of the Product, combination or integration with the Product with any software or hardware, or any other use, sale, or marketing of any Product by the Purchaser or any end user or customer thereof; (d) your failure to obtain any compliance certificates or certifications with respect to the Products or any other product or solution using or integrating any Product; and/or (e) any incorrect or misleading information, representations, warranties, or data provided by you to any person or entity, including without limitation any false or misleading information regarding the Products provided to any customer or other third party. | ||||||||
| 2.10 | Billing and Account Information. Unless you and Beetronics enter into a separate agreement or purchase order that provides for different payment terms, all amounts due and owing with respect to each purchase of Products must be paid by you, in full, at the time the initial order is made. Notwithstanding any delivery or other terms to the contrary, Beetronics will be under no obligation to ship any purchased Products to you until such time as Beetronics is paid, in full, for such order. Shipment of any order by Beetronics will not relieve Purchaser of any payment obligation with respect to such purchase. Purchaser agrees to provide current, complete, and accurate purchase and account information for all purchases made on our Online Store. Purchaser agrees to promptly update Purchaser’s account and other information, including your e-mail address, credit/debit card number(s), and the expiration date(s) of your payment cards, so that we can complete your transactions and contact you as needed. Purchaser agrees to reimburse Beetronics for all costs, expenses, losses, and damages incurred by Beetronics as the result of any chargeback, reversal, stop payment, ACH reject, or any other cancellation, blocking, reversal, or other action that results in any payment not being completed or being reversed. | ||||||||
| 2.11 | Order Fulfillment and Shipping.
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| 2.12 | Transaction Liability Limitations and Related Obligations. IN ADDITION TO, AND LIMITING, THOSE OTHER LIMITATIONS ON LIABILITY OF BEETRONICS SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
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Last Updated: October 2024
