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Terms and Conditions
Terms and Conditions
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully as your use of this site indicates your acceptance of these Terms and Conditions. These Terms and Conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Seller ("MobilitySavings.com")..
Seller reserves the right to make changes to this site and to these Terms and Conditions at any time.
- Copyright and Trademark Notice
- Disclaimers and Limitation of Liability as to Products Sold
- Disclaimers and Limitation of Liability as to the Seller Web site
- Order Acceptance Policy
- Terms and Condition of Sales
Copyright and Trademark NoticeThis site is owned and operated by Seller. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Seller, Copyright © 2001-2013, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Seller or their respective content providers. All software used on the site is the sole property of Seller or those supplying the software. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Seller All other trademarks or service marks are property of their respective owners. The use of any Seller trademark or service mark without Seller's express written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Products SoldExcept as expressly stated herein, Seller makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Seller site. Except as expressly stated herein, Seller expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose.
In the event that a products' malfunction leads to damage or injuries to the product, to the Buyer's business, the end-user's business, to other equipment, or residence, or to employees or to other persons, Seller shall not be liable for such damages or injuries. Buyer understands and agrees that if Seller shall be found liable for loss or damage due from failure of Seller to perform any of Seller's obligations hereunder or the failure of the product in any respect whatsoever, the sole and exclusive maximum liability to Seller arising from any product sold shall be limited to the price of the product ordered and this liability shall be exclusive, and that the provisions or this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to person or property, from performance or non-performance of Seller obligation, breach of express or implied warranty, or from negligence, active or otherwise, Seller, its agents, servants assignees or employees. In no event shall Seller, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Disclaimer and Limitation of Liability as to the Seller Web SiteThe Seller web site and the materials therein are provided "as is." Seller makes no representations or warranties, either express or implied, of any kind with respect to the Seller site, their operations, contents, information, materials or year 2000 compliance. Seller expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Seller, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Seller sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
International Use. This Internet site is available internationally and may contain references to products or services not available in all countries. References to a particular product or services does not imply that Seller intends to make such products or services available in such countries. This Internet site was developed in the United States of America in accordance with and use of this site shall be governed by the laws of the United States of America.
Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Seller shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Seller shall have the right to refuse or cancel any such orders whether or not your order has been confirmed or credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Seller shall immediately issue a credit to your credit card account in the amount of the charge.
Participation Disclaimer. Seller 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, Seller is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related to any contents or activities on the site. However, Seller 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 or (d) offensive or otherwise unacceptable to Seller in its sole discretion.
Use of Site Harassment in any matter or form on the site, whether by e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Seller or other licensed employee, host, or representative, as well as 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 which may constitute or encourage a criminal offense, violate the rights of any party or which may 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.
Third Party Links. This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Seller is not responsible for the operation of or content located on or through any such site.
Order Acceptance PolicyYour receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Seller reserves the right at any time after receipt of your order to accept or decline your order for any reason. Seller reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
Terms and Conditions of SalesThe following Terms and Conditions are applicable to every transaction made with Seller:
Price. Price does not include sales, excise, use, value added tax (vat) and other taxes, levies or fees now in effect or hereafter levied by reason of this transaction. Customer shall pay all such taxes, levies and fees. Seller shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California (each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state). The Products are being sold hereunder F.O.B., place of shipment. Customer is liable for all shipping, media and insurance charges for the Products.
Payment Terms. Invoices not paid within the specified Payment Terms period will incur a 1.5% fee per month. The Customer shall incur a $50 fee for each check returned due to insufficient funds. The Customer shall pay for all collection costs, including attorney fees and penalties as a result of not adhering to the payment terms. All payments shall be made in United States dollars.
Warranty. We makes no warranty, express or implied, or indemnity relating to the Products. We will assign all warranties, indemnities, and service features relating to the Products directly to Customer (see above sections on Disclaimers and Limitation of Liability as to Products Sold and Disclaimers and Limitation of Liability as to the Seller Web site.
Returns. The terms for product return are limited to those set forth in Seller Return Policy and Procedures.
Service and Support. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions. Seller will provide on-line technical notes on most computer hardware & software products.
Indemnification. The Buyer agrees to and shall indemnify, defend and hold harmless Seller, its officers, directors, employees, agents, licensors and suppliers from and any all claims, damages and costs, lawsuits, losses and expenses, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account, or from any third party using the product provided under this agreement. Any defense provided hereunder shall be by counsel of Seller's choice.
Severability. If any section, term, condition or portion thereof shall be found to be illegal or void as being against public policy, it shall be stricken and the remainder of this document shall stand as the original.
Jurisdiction and Venue. You agree that any legal action brought against Seller shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the seller website shall be an appropriate federal or state court located in Orange County, California.