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(1) the product (including its label) has not been abused, misused, replaced, repaired or modified, and
(2) the product was properly installed and used in its recommended environment, and
(3) proof of purchase is provided
(5) the customer is solely responsible for the cost of returning defective product(s) and in no way hold Freetail Tech liable for damages or loss which may be caused during shipping. Freetail Tech in return will cover the return shipping of product(s) to customer’s location.
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1. TERMS
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. USE LICENSE
a. Permission is granted to temporarily download one copy of the materials (information or software) on Freetail Tech Inc.'s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Freetail Tech Inc.'s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Freetail Tech Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DISCLAIMER
a. The materials on Freetail Tech Inc.'s web site are provided "as is". Freetail Tech Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Freetail Tech Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. LIMITATIONS
In no event shall Freetail Tech Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Freetail Tech Inc.'s Internet site, even if Freetail Tech Inc. or a Freetail Tech Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. REVISIONS AND ERRATA
The materials appearing on Freetail Tech Inc.'s web site could include technical, typographical, or photographic errors. Freetail Tech Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Freetail Tech Inc. may make changes to the materials contained on its web site at any time without notice. Freetail Tech Inc. does not, however, make any commitment to update the materials.
6. LINKS
Freetail Tech Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Freetail Tech Inc. of the site. Use of any such linked web site is at the user's own risk.
7. SITE TERMS OF USE MODIFICATIONS
Freetail Tech Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. GOVERNING LAW
Any claim relating to Freetail Tech Inc.'s web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
- · Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- · We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- · We will only retain personal information as long as necessary for the fulfillment of those purposes.
- · We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- · Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- · We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- · We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
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Freetail Tech, Inc.
1. Entire Agreement
These terms and conditions, (“T&C”), together with Freetail Tech’s written Purchase Order Acceptance, Freetail Tech’s invoice, and Customer’s Purchase Order regarding the products ordered by Customer, are the complete and exclusive agreement between Freetail Tech and Customer, (“Agreement”). The T&C supersedes all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Freetail Tech and Customer relating to the subject products. The T&C may not be explained or supplemented by any prior course of dealings or trade by custom or usage and may not be modified in any way except by a writing signed by both Parties
2. Price
“Price” means the price quoted in Freetail Tech’s Purchase Order Acceptance to Customer on the date the order is accepted. The Price is exclusive of all duties and taxes and shall be paid in accordance with Freetail Tech’s payment terms to Customer. Freetail Tech reserves the right to vary the Price without notice.
3. Delivery
Any delivery timeframe quoted by Freetail Tech to Customer shall be an estimate only and Freetail Tech shall not be liable for any delay in the delivery of the Products. For Products delivered in installments, failure by Freetail Tech to deliver one or more installments shall not impair the contract in respect to Products previously delivered or undelivered.
4. Payment
Freetail Tech’s standard payment terms are strictly payment in advance or as otherwise stipulated to Customer by Freetail Tech in writing. If Freetail Tech grants Net Terms to Customer, Customer agrees to pay the amount(s) due as specified on the invoice, per the Terms granted by Freetail Tech, and Customer agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
5. Order Acceptance
An order will be deemed accepted upon Freetail Tech issuing a written Purchase Order Acceptance to Customer. If no formal acceptance is provided, the order will be deemed accepted once it has shipped.
6. Receipt of Products
The Customer shall carefully examine the Products immediately upon receipt and must notify Freetail Tech in writing of any defect (including any discrepancy in the condition of the Products) or short delivery reasonably discoverable upon careful examination. If the Customer does not notify Freetail Tech within 3 days from the date of delivery, Freetail Tech shall not be liable for any short delivery or defect (including any discrepancy in the conditions of the Products) that could have been discovered upon examination.
7. Product Return Procedure
To return a product Customer must obtain a Return Merchandise Authorization, ("RMA"),
8. Restocking Fee
Customer agrees that product purchased from Freetail Tech, whether Freetail Tech has shipped the product or not, may have been manufactured specifically for the Customer and Freetail Tech may not have another customer for this product. Freetail Tech may, in its sole and absolute discretion, refuse to allow Customer to return a product or cancel a purchase order. If a return or canceling of a purchase order is allowed, Freetail Tech may charge a restocking fee.
9. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES FREETAIL TECH’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. FREETAIL TECH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR ANY OTHER CLAIM RELATING TO THE PRODUCTS SOLD. FREETAIL TECH SHALL NOT BE LIABLE TO OR FOR ANY THIRD PARTY THAT CLAIM DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT FREETAIL TECH IS OR HAS BEEN MADE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE.
10. Shipping Charges
Shipping charges will be determined by FREETAIL TECH and the Customer prior to shipment and stated on FREETAIL TECH’S Purchase Order Acceptance and on the Customer’s purchase order.
11. Title; Risk of Loss
FREETAIL TECH may arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point. Title to the product(s) and the risk of loss transfers to Customer upon delivery of product to the carrier. FREETAIL TECH will advise Customer of estimated shipping dates, but FREETAIL TECH shall, under any circumstances, be responsible for delays in delivery and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
12. Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between FREETAIL TECH and Customer shall be governed by the laws of the State of Colorado, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Products. FREETAIL TECH and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Colorado, Douglas County, to resolve any dispute between them related to this Agreement, and the parties hereby waive all rights to contest this exclusive jurisdiction and venue of such Courts.
13. Severability
If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Colorado law.
14. Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
