Terms of Sale
BY COMPLETING YOUR PURCHASE WITH IKEGPS, INC, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT COMPLETE YOUR ORDER. If you are purchasing on behalf of an organization, you certify that you have the authority to accept these terms on behalf of that organization. If YOU DO NOT ACCEPT THESE TERMS OF SALE OR DO NOT HAVE THE AUTHORITY TO ACCEPT THESE TERMS OF SALE, YOU MUST NOT COMPLETE YOUR PURCHASE.
- The Sales Process. ikeGPS, Inc accepts orders for its Products on it’s Website, ikegps.com, at any time. Payment must be provided at the time of order. If the order and payment are accepted by us, your order will be fulfilled and shipped to the provided shipment address. Proof of purchase will be provided to you via the Website or email, or both. Any questions regarding past or future orders can be submitted through the Contact Us page on the Website.
- All prices quoted on the Website are in U.S. Dollars unless otherwise noted. The quoted price does not include any taxes that may be relevant to your location. If any taxes are automatically added to the price of a Product, these will displayed to you prior to completion of your order. If a price is erroneously posted on our Website, regardless of the cause, we reserve the right to cancel any order and refund you the amounts paid for an affected Product.
- Taxes and Duty. While ikeGPS, Inc will make every effort to apply typical sales tax for purchases from customers within the US, Canada, Australia, or New Zealand, you are solely responsible for any duty, use, VAT, excise, or similar taxes and fees that is not included in the final purchase price of the ordered Products.
- All Sales Are Final. ikeGPS, Inc will attempt to describe its Products and each Product’s capabilities accurately; however, we do not warrant the accuracy of all statements on the Website or found in other literature about our Products. All sales are final, except as allowed in our policies for Returns and Warranties.
- Payment must be received prior to shipment of any Products. The exact shipment date will not be known at the time of order, and may take over 30 days to ship an order. If a shipment will exceed 30 days from the time an order is accepted, we will attempt to contact you. Orders exceeding 30 days for shipment can be canceled at your discretion. Delivery times are not guaranteed and may vary greatly due to weather, location, customs, and other factors outside the control of ikeGPS, Inc. A tracking number from the shipper can either be provided to you via email, the website, or at your request.
- ikeGPS, Inc reserves the right to modify its terms, policies, and pricing at any time.
- Any product produced by ikeGPS, Inc may be returned for a full refund if ikeGPS, Inc or one of its Authorized Resellers is contacted within 30 days of shipment or possession, whichever occurs first. Any products in your possession after 30 days will be considered accepted by you. To return a Product for a full refund that was purchased from ikeGPS Inc, contact email@example.com or other contact methods provided at ikegps.com. For purchases from Authorized Resellers, the Reseller should be contacted directly to start the return process. To qualify for a refund, Products returned must be in the same condition as when they were shipped, including all packaging. Shipping fees are not refundable. Customer is responsible for any shipping fees to return Product.
- ikeGPS, Inc warranties its Products for 2 years, or as required by law in the country in which it was purchased, for any defective materials, craftsmanship, or other manufacturing issues within its control. Any damage to a Product due to use, misuse, negligence, or other situations outside the control of ikeGPS, Inc are not eligible for Warranty actions. The sole and exclusive remedy provided to you is a replacement of your Product, with, at the sole discretion of ikeGPS, Inc, a new or remanufactured Product. To exercise this Warranty, you must contact ikeGPS, Inc at firstname.lastname@example.org or +1-844-445-3477. You must assume the responsibility to ship and insure your Product to ikeGPS, Inc. ikeGPS, Inc will examine your Product and verify Warranty eligibility. Any replacement Product sent to you will be shipped at ikeGPS's expense. This Warranty is not transferable to any other user and is only made available to the original purchaser.
- Limitation of Liability. IN NO EVENT WILL IKEGPS, INC OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED, CLAIMS OF ANY THIRD PARTIES, OR ANY OTHER DAMAGES ARISING FROM IKEGPS INC’S BREACH OF THIS AGREEMENT, INCLUDING THE LIMITED WARRANTY, OR THE USE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FIFTY-THREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IKEGPS INC’S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT PURCHASED BY YOU.
Some locales do not allow the exclusion or limitation of incidental or consequential or other damages, so the above limitation or exclusion may not apply to you. If you have any questions concerning this statement please email ikeGPS at: email@example.com
- Except to the extent a claim arises out of ikeGPS Inc’s fraud or willful misconduct, you agree to defend, indemnify and hold harmless ikeGPS Inc, its members, affiliates, partners, and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to any Products purchased through our Website, including, without limitation, for any causes of action arising from your misuse of the Products.
- Excuse of Performance. ikeGPS, Inc shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of ikeGPS, Inc or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
- Governing Law. These Terms of Sale and any separate agreements shall be governed by and construed in accordance with the laws of the State of Colorado.
- Export Control. You may not use or otherwise export or re-export the Products purchased via the Website except as authorized by the laws of the jurisdiction in which the Products were obtained. In particular, but without limitation, the Products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. By purchasing Products, you represent that you are not located in any country or on any list where the provision of Product to you would violate applicable law. You also agree that you will not use Products for any purposes prohibited by applicable law.
- General Provisions. These Terms constitute the entire agreement between the parties and supersedes all other communications between the parties relating to the subject matter of the Terms. The Terms may be amended, modified, or supplemented only in a writing signed by both parties. No waiver by either party of a breach hereof shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is expressed in writing signed by both parties. The rights that accrue to ikeGPS, Inc by virtue of these Terms shall inure to the benefit of ikeGPS, Inc successors and assigns. Other terms may govern services purchased from ikeGPS, Inc. Please contact us through any means listed below or review those terms as presented on the Website or as otherwise provided to you by ikeGPS, Inc.
- How to Contact ikeGPS. If you have any questions about any Product or these Terms or would like to learn more about ikeGPS, Inc, please email us at firstname.lastname@example.org, or call us at +1 303 222 3218 (long distance charges may apply) or mail us at 350 Interlocken Blvd, Suite 390, Broomfield, CO 80021 USA.
Revision Dated: 7 December 2016