TERMS OF SALE & DIGITAL PRODUCT LICENSE
THE SALE/PURCHASE AND USE OF ANY PRODUCT SOLD ON TEKDADDI.COM (“WEBSITE”) SHALL BE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”). YOU (“YOU”) ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING AGREEMENT BETWEEN YOU AND TEKDADDI, INC., A CALIFORNIA CORPORATION (“US OR “WE”) BY MAKING ANY PURCHASE ON THIS WEBSITE AND THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND THIS AGREEMENT.
Sale Authorization & Payment Terms
By providing your credit card, debit card, Stripe, squarespace, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all goods You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment.
We are not responsible for pricing, typographical, or other errors in any price stated on this We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any product description or information contained on this Website regarding such product. All pricing is in United States currency (USD) unless otherwise stated. All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. If a product’s actual price is lower than the price stated on this Website, we will charge the lower amount and ship the product to You. If a product’s correct price is higher than the price stated on this Website, we will notify You via email and we will cancel your order.
All sales are subject to product availability and we may revise and discontinue any product at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart).. We also reserve the right, with or without prior notice to You, to: i) limit the available quantity of or discontinue any product; ii) bar any Website user from making any or all transaction(s); iii) refuse to provide any Website user with any product we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address. If an item you’ve ordered is unavailable, your order will be placed on backorder and we will e-mail you the estimated arrival time. After receipt of our email, You can then elect to wait for the item, or You may cancel your order by responding to the email and requesting that the order be cancelled We will not charge your credit card until the item is shipped.
Accuracy of Materials
We make every effort to describe and display our products accurately on this Website. However, a small number of the items may be mis-priced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout this Website or other delays beyond our control. Accordingly, we do not guarantee the accuracy or completeness of the information provided on this website relating to product prices, exact Product colors, shapes or sizes as depicted on this website or regarding product availability. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
Title to Products & Risk of Loss
Title to any products and risk of loss or damage to the products during the shipping process shall pass to You upon delivery by us to the carrier for shipment of any product(s) You purchase.
We will generally ship any items you purchase within 1-3 business days from the date ordered. All costs of shipping, handling and any sales or value added tax required to be collected by us will be additional costs to You unless otherwise expressly indicated at the time of sale. All shipping times listed on this Website are only estimates of the expected number of business days it will take for in-stock merchandise to be shipped from our facilities and delivered to You. (“Business days” means Monday-Friday, excluding holidays.) In some cases, merchandise may actually ship earlier than expected. An initial confirmation email may be sent by us to You after successfully placing an order through this Website. However, any confirmation you receive from us regarding receipt of any order by You does NOT mean your order request has been received or that your order has been accepted or shipped as this is an automated email confirmation. Once your order request has been successfully received and your item has been shipped, You will receive an email confirmation of the shipment.
Please note: Any oversized items may be marked as requiring a special delivery charge in addition to the stated shipping fees. Any special delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping & Handling subtotal on the checkout page.
Taxes & Other Charges
Unless otherwise indicated and, You are responsible to pay any applicable sales (use) taxes or any other similar tax required to be paid by the state in which You reside or any custom duties or VAT taxes required to be paid by You due to your purchase of the Product from this Website. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same, unless You provide us with a valid and correct tax exemption certificate applicable to your purchase of the Product.
You may return any product purchased on this Website for any reason. All returns must be shipped (postmarked) to us no later than thirty (30) days from the delivery date. Failure to follow the return instructions included with the product or posted on this website shall render any obligation by us to refund your purchase price null and void. We will refund the purchase price of the returned product upon receipt of your return shipment, including the shipping and handling charges within the continental United States. Unless otherwise noted during your purchase, products may be returned in an opened box or opened packaging, provided any returned product(s) is undamaged and is in as new a condition as possible and must include all documentation, media or all other separate items or components that were included in the original shipment. Any items You return cannot show signs of significant wear and/or use or no refund will be provided whatsoever. You are responsible for all risk of loss for any returned products. We are not responsible for any returned products that are lost or damaged during shipping.
You may cancel any existing order by sending us an email before the order is shipped (usually 1-3 business days from order placement). No cancellations will be honored by us if made after any item(s) You have purchased have been shipped. All requests to cancel any existing orders or to make changes to an existing order must be made by sending an email to email@example.com, which must contain your request to cancel your order and should include the order number or date of sale if no order number was provided.
Changes To Existing Orders
No modifications to any existing orders will be permitted. In the case of any requests for product additions, simply cancel your existing order before shipment and re-order. Any such additions shall be subject to product availability and may not be able to be shipped within the same time-frame as your original order in some cases. Any canceled and subsequently cancelled orders will be shipped within the time-frame stated on this Website applicable to all shipments, as measured from the date You make any re-order.
Digital Products License
In connection with any digital products and all materials a part thereof included as part of any product You purchase (“Digital Product”), You are purchasing and are granted upon purchase completion with a revocable, non-exclusive and non-transferable license and right to use the Digital Product materials for your personal or internal business use. You are not authorized to: (i) resell or sublicense any Digital Product; (ii) copy or reproduce (or allow any third-parties to copy or reproduce), distribute, transmit, or publish any Digital Product to the public or any third parties in any form, format, or method including electronic, mechanical, photocopying, recording or electronic information storage and retrieval or any other means, either in its original state or in any subsequently modified state; (iii) modify any Digital Product, create derivative works from or reverse assemble, disassemble or decompile any Digital Product or otherwise attempt to use unauthorized versions of any Digital Product for purposes including (without limitation) building a product or service similar to or competitive with any Digital Product; or (iv) otherwise use the Digital Product as part of a product or service for any commercial use or purpose whatsoever, in whole or in part, except as otherwise expressly permitted in this Agreement. Notwithstanding any restrictions contained in this license, you have the right to print any Digital Product materials directly for your own personal use. Any Digital Product you download is being licensed, not sold, to You under the terms and conditions of this Agreement. Except as expressly stated herein, this grant of license does not convey any other rights in and to any Digital Product or any separate Digital Product materials, express or implied, or ownership of any Digital Products or any intellectual property rights thereto. All rights not expressly granted herein are reserved by us. You may not remove or obscure our copyright notice or any other notices contained in any Digital Products.
Digital Products Information Disclaimer
THE INFORMATION AND CONTENT PROVIDED IN ANY DIGITAL PRODUCT IS BEING MADE AVAILABLE ON A “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Every effort has been made to ensure the completeness and the accuracy of the information contained in any of our Digital Products. However, we make no guarantees, warranties or representations as to the accuracy of the information contained in any Digital Product or the quality of such information, its usefulness or reliability and neither the author nor the publisher assumes any responsibility for any errors, omissions or any inconsistencies. In addition, events or changes occurring after any Digital Product was written may render some of the information contained therein as obsolete, incomplete or inaccurate. You acknowledge that any reliance by you upon any information continued in any of our Digital Products shall be done at your sole risk. You agree that we shall not have any responsibility or liability to You for the deletion or accuracy of any content contained in any Digital Product.
No medical, FINANCIAL, TAX, LEGAL OR OTHER PROFESSIONAL information and ADVICE or recommendations contained IN ANY DIGITAL PRODUCT Is intended to be a substitute for professional advice and is being provided for general information purposes only. Additionally, we do not provide any opinions or make any representations concerning the effectiveness of any medical TREATMENT, test or HEALTH-RELATED product or service referenced IN ANY DIGITAL PRODUCT. You are encouraged to confirm any information obtained from or through ANY DIGITAL PRODUCT YOU USE with other resources including, but not limited to, your physician or any other medical professionals, YOUR ACCOUNTANT, LAWYER or other qualified professionalS AS APPLICABLE. UNDER NO CIRCUMSTANCES SHOULD YOU USE OR RELY ON ANY OF THE INFORMATION CONTAINED IN ANY DIGITAL PRODUCT TO DETERMINE WHETHER OR NOT YOU SHOULD DELAY SEEKING ANY DIAGNOSIS, MEDICAL TREATMENT OR PROFESSIONAL MEDICAL, LEGAL OR FINANCIAL/TAX ADVICE. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY TYPE OF DAMAGES YOU MAY INCUR, OF WHATEVER KIND OR NATURE, BASED UPON ANY INFORMATION CONTAINED IN ANY DIGITAL PRODUCT THAT YOU ELECT TO RELY UPON AT YOUR SOLE RISK
Term of License and Product Access
Your rights to use any Digital Product for your personal use is perpetual. Upon your completed purchase of the product and any associated Digital Product, You will be directed to a separate page on our Website containing a link where You will be able to download the Digital Product materials. If there is any interruption or failure to download the Digital Product materials, please contact us. The download page may or may not be password protected and in such case You will receive the password in the email containing the page link.
You may only use any products You purchase from us for your own internal personal use and not for resale or sub-licensing. Any resale or licensing or other distribution by You of any product(s) You purchase from us is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any products made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. We make no representations or warranties to You that use of any product You purchase will be legal in your jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
Express Product Warranties
The following express warranties are provided for all products purchased under the terms of this Agreement:
For the items we provide/manufacture, we provide a one (1) year warranty against defects in labor or materials. If any product You purchase is defective and you notify us within one (1) year from the shipment date, we will ship to You an identical original replacement product. If we no longer carry the original product You purchased, we will replace such defective product with a substantially similar product of equal value.
For all other third-party items, the manufacturer warranty applies and You should review the warranty terms by that specific manufacturer. (We link to products that are manufactured or sold by third-parties.)
EXCEPT FOR THE WARRANTIES EXPRESSLY STATED ABOVE, WE MAKE NO OTHER WARRANTIES OF ANY KIND REGARDING YOUR USE OR THE PERFORMANCE ANY OF THE PRODUCT(S) YOU PURCHASE THE SUBJECT OF THESE TERMS, WHETHER EXPRESS OR IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY WARRANTY PROVIDED BY ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER OF ANY PRODUCT NOT MADE BY US WILL BE INCLUDED WITH THE PRODUCT.
Limitation of Liability
YOU AGREE THAT WE OR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSORS AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CASUE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE §1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers & Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Information Security Policy
We use reasonable, industry standard security measures to protect your personally identifiable and billing information during transmission to our Website. We make no guarantee, warranty or representation that you name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
B. Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard in Orange County California. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
E. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court situated in Orange County California, and You hereby expressly agree to submit to the personal jurisdiction of such court or tribunal and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of the sale the subject of these terms. This Agreement shall be construed and enforced in accordance with the laws of the state of California, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party’s control.
H. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
I. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
J. Survival. Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
K. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.