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1. Prices posted on this Site may be different than prices offered by us at any physical store. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Price increases will only apply to orders placed after those changes. Posted prices do not include taxes or charges for shipping and handling. All those taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from those occurrences.
2. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms separate from these terms. If there is a conflict between the terms for a promotion and these terms, the promotion terms will govern.
3. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept American Express, Visa, MasterCard, Discover, and any other payment method listed on the Site for all purchases. You state that (i) the credit card information you supply to us is accurate; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.2. Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
1. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products offered on our Site. The availability of products through our Site does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Site. However, the products offered on our Site might be covered by a manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
1. Limitation of Liability. In no event will we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value, arising out of, or relating to, or in connection with any breach of these terms, regardless of (A) whether those damages were foreseeable, (B) whether or not we were advised of the possibility of those damages, and (C) the legal or equitable theory (contract, tort, or otherwise) on which the claim is based.Our sole maximum liability and your exclusive remedy will be limited to the actual amount paid by you for the products you have ordered through our Site.
1. Goods Not for Resale or Export. You state that you are buying products from the Site for your own personal or household use only, and not for resale or export.
3. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when and to the extent that failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
4. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these terms are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.
5. Dispute Resolution and Binding Arbitration.
1. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section 13. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section 13.
1. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
2. You agree to an arbitration on an individual basis. In any dispute, neither you nor The PowerHitter Company will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
1. To You. We may provide any notice to you under these terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective on posting. It is your responsibility to keep your email address current.2. To Us. To give us notice under these terms, you must contact us as follows: (i) by email to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier, or registered or certified mail to The PowerHitter Company, [6920 South Cimarron RD, STE 100, Las Vegas, NV 89113]. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.