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Welcome to
ElectroGear.Net:
By using and entering this Site (ElectroGear.Net),
including any prior visit you acknowledge and agree to
all of the Terms and Conditions including all the
policies listed on this site,
whether or not you actually
viewed and read any of them. Including any changes that
may have been done recently. The Site
is provided on an "AS IS, basis.
If you disagree with any of the terms and conditions
including any policies. Do Not Enter or use this site.
We reserve the right to refuse service to anyone.
THE CUSTOMER AGREES TO BE BOUND BY THIS AGREEMENT AND
ACCEPTS ITS TERMS AND CONDITIONS.
TERMS, SECURITY AND CONDITIONS:
The Site, as well as the sites our affiliates and
subsidiaries, are currently being provided
free-of-charge to you. The terms "you", "your", and
"yours" refer to the customer/purchaser utilizing our
Site(s). The terms ElectroGear.Net", "we", "us", and
"our" refer to ElectroGear LLC. and its affiliates, and
subsidiaries. We reserve the right to change these Terms
and Conditions from time to time as we see fit. If you
violate the terms of this Agreement you will have your
access you may be permanently banned from using the Site
and any of the Sites services. You should check these
terms and conditions periodically.
SITE MODIFICATIONS:
We reserve the right to make changes to the Site,
policies, and these Terms and Conditions at any time. If
any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and
enforceability of any remaining condition.
PRIVACY:
Please review our Privacy and Security Statement, which
also governs your visit to the Site, to understand our
practices
COPYRIGHT:
You acknowledge that the Site contains information,
data, software,
photographs, graphs, videos, typefaces, graphics, music,
sounds, and other material (collectively "Content") that
are protected by copyrights, trademarks, trade secrets,
or other proprietary rights, and that these rights are
valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is
the property of ElectroGear.Net or it's respective
owners and are permitted to use such copyright material.
You may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer of sale,
create works from, or in any way exploit, in whole or in
part. you may not upload, post, reproduce, or distribute
in any way content protected by copyright, or other
proprietary right, without obtaining permission of the
owner of the copyright or other propriety right. To use
any content from this site, you must get a written
permission from ElectroGear.Net.
DISCLAIMERS
AND LIABILITY:
ElectroGear.Net, its employees or any of its affiliates,
warrant that use of this Site. By entering the site you
agree and acknowledge of this paragraph shall apply to
all content on this Site. Because some states do not
allow the exclusion or limitation of liability for
consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by
law.
Prices and availability of products on the Site are
subject to change without notice. Errors will be
corrected when discovered, and we reserve the right to
revoke any stated offer and to correct any errors,
inaccuracies, or omissions (including after an order has
been submitted). You are prohibited from posting on or
transmitting through ElectroGear.Net any unlawful,
harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to
material that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any
applicable local, state or national Law.
Risk of Loss
If the Customer provides
ElectroGear.Net with Customer's carrier account
number or selects a carrier other than a carrier that
regularly ships for ElectroGear.Net, title to
products and risk of loss or damage during shipment
passes from ElectroGear.Net to Customer upon
shipment from ElectroGear.Net's facility. For all
other shipments, title to products and risk of loss or
damage during shipment passes from to
ElectroGear.Net to Customer upon receipt by
Customer. Notwithstanding the foregoing, title to
software will remain with the applicable licensor(s) and
Customer's rights therein are contained in the license
agreement between such licensor(s) and Customer.
ElectroGear.Net retains a security interest in the
products until payment in full is received. Customer
will be responsible for all shipping and related
charges.
SITE
ACCESS:
The Site or any portion of the Site may not be
reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose
without our expressed written consent. You may not frame
or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including
images, text, page layout, o r form) of ElectroGear.Net
or its affiliates without our expressed written consent.
You may not use any meta tags or any other "hidden text"
utilizing our name or trademarks without our expressed
written consent. You may not download (other than page
caching) or modify the Site or any portion of it,
without our expressed written consent. This includes: a
prohibition on any resale or commercial use of the Site
or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of
the Site or its contents; any downloading or copying of
account information for the benefit of another merchant;
or any use of data mining, robots, or similar data
gathering and extraction tools.
LINKS:
In no event shall any reference to any third party or
third party product or service be construed as an
approval or endorsement by of that third party or of any
product or service provided by a third party. Any other
website
accessed from the Site are independent from
ElectroGear.Net, and have no control over the content of
the other website
Dispute
Resolution:
AGREEMENT TO RESOLVE ALL
DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT
AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO
PARTICIPATION IN CLASS ACTIONS
You and
ElectroGear.Net
agree to resolve any controversy, dispute, or claim
arising out of or relating to your purchase of any
product or service from
ElectroGear.Net by binding Arbitration
administered by the American Arbitration Association, or
in a small claims court, and judgment on the arbitration
award rendered by the Arbitrator(s) may be entered in a
court having competent jurisdiction. This agreement to
arbitrate is intended to be broadly interpreted and
covers all controversies, disputes, claims arising out
or relating to your purchase including, but not limited
to contract claims, tort claims and statutory claims, or
any combination of claims. We agree that the arbitration
or small claim proceeding will take place in Pima
County, Arizona.
We agree
that the American Arbitration Association shall
administer the arbitration, and that the American
Arbitration Association's Commercial Arbitration Rules
and Mediation Procedures and Consumer Related Disputes
Supplementary Procedures, if applicable, shall apply.
These Arbitration Rules may be found on the American
Arbitration Association's web site at
www.adr.org
. You and ElectroGear.Net
agree that the Arbitration Award maybe taken to a Court
of competent jurisdiction to become an enforceable
judgment. You and
ElectroGear.Net agree that any arbitration
under this Agreement will take place on an individual
basis. Class arbitrations and class actions are not
permitted.
If you wish
to begin arbitration against
ElectroGear.Net you must file a case with the
American Arbitration Association. You may visit the
American Arbitration Association's web site at
www.adr.org
to obtain forms and guidance and to learn the procedure
for filing a case under this Arbitration Agreement.
This
Arbitration Agreement affects you legal rights. An
arbitration is resolved by a neutral party and not a
judge or jury. There is less discovery and less exchange
of information between the parties to an arbitration
than might occur in a court proceeding. An arbitration
award is final and binding and will only be overturned
or reversed by a court in very limited circumstances.
You agree that, by entering into this Agreement, you and
ElectroGear.Net
are each waiving the right to a trial by jury or to
participate in a class action.
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