Terms and Conditions Policy
OVERVIEW
This website is operated by Moduloc Sensor Enterprises, Ltd. Throughout the
site, the terms "we", "us" and "our" refer to MSE. MSE offers this
website, including all information, tools and services available from this
site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site
and/ or purchasing something from us, you engage in our "Service" and
agree to be bound by the following terms and conditions ("Terms of
Service", "Terms"), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users
who are browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any part of the
site, you agree to be bound by these Terms of Service. If you do not agree
to all the terms and conditions of this agreement, then you may not access
the website or use any services. If these Terms of Service are considered
an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility
to check this page periodically for changes. Your continued use of or
access to the website following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at least
the age of majority in your state or province of residence, or that you
are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use
this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will
result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for
any reason at any time.
You understand that your content (not
including credit card information), 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. Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service, or access to
the Service or any contact on the website through which the service is
provided, without express written permission by us.
The headings
used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if
information made available on this site is not accurate, complete or
current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making
decisions without consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical
information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at
any time.
We shall not be liable to you or to any third-party for
any modification, price change, suspension or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable )
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
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 or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve
the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to
refuse any order you place with us. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You
agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address
and credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please
review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may
provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we
provide access to such tools "as is" and "as available" without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you
of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new
services and/or features through the website (including, the release of
new tools and resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this
site may direct you to third-party websites that are not affiliated with
us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not
liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection
with any third-party websites. Please review carefully the third-party's
policies and practices and make sure you understand them before you engage
in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request,
you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are
and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to
any comments.
We may, but have no obligation to, monitor, edit or
remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party's intellectual property or
these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as
to the origin of any comments. You are solely responsible for any comments
you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy. To view
our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site 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, and to change or update information
or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to
update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION 12 - PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (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, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false
or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of 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; or (k)
to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the right
to terminate your use of the Service or any related website for violating
any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that
your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained
from the use of the service will be accurate or reliable.
You agree
that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as
is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied, including
all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall MSE, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages
of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability
or otherwise, arising from your use of any of the service or any products
procured using the service, or for any other claim related in any way to
your use of the service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. 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, our liability shall
be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MSE
and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - 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, such
determination shall not affect the validity and enforceability of any
other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service
at any time by notifying us that you no longer wish to use our Services,
or when you cease using our site.
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, we also may terminate this agreement at any
time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
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.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and
govern your use of 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 the Terms
of Service).
Any ambiguities in the interpretation of these Terms
of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
the Commonwealthf Of Pennsylvania.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most
current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
info@moduloc-sensors.com.
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