TERMS
AND CONDITIONS
Please
read the following Terms and Conditions of Use Carefully Before using this
Website. All users of this site agree that access to and use of this site
is subject to the following terms and conditions and other applicable law.
Copyright
The
entire content included in this site, including but not limited to text,
graphics, site design, logos, icons, images or code is copyrighted as a
collective work under the United States
and other copyright laws, and is the property of WWW.ANSXTREME.COM. The collective work
includes works that are licensed to WWW.ANSXTREME.COM.
Copyright 2003, WWW.ANSXTREME.COM ALL
RIGHTS RESERVED. You may use the content of this site only for the
purpose of shopping on this site or placing an order on this site and for no
other purpose. Any other use, including but not limited to the
reproduction, distribution, display, modification, republishing, uploading, or
transmission of the content of this site is strictly prohibited, unless
authorized by WWW.ANSXTREME.COM. You
further agree not to change or delete any proprietary notices from materials
downloaded from the site. Any unauthorized use of the materials appearing
on this site may violate copyright, trademark and other applicable laws and
could result in criminal or civil penalties.
Trademarks
All
trademarks, service marks and trade names of WWW.ANSXTREME.COM
used in the site are trademarks or registered trademarks of WWW.ANSXTREME.COM. The use of any
trademark or service mark without the express written consent of WWW.ANSXTREME.COM is strictly prohibited.
Disclaimer
and Limitation of Liability as to Shipping Errors
WWW.ANSXTREME.COM will make mistakes. Although we work very hard to prevent errors when
filling orders, the fact that we employ human beings to pick, pack and ship
orders makes errors unavoidable. If we do ship the wrong product to you
or leave out a certain product from a package, our procedure and policy for
resolving the problem is the following: WWW.ANSXTREME.COM will verify that an item
was left out of a package by repacking the original order and comparing what
the weight should have been to the actual weight shipped. If we clearly
see that an item has been left out of the package, we will ship the item to you
at no charge using the most efficient shipping method available. We would
gladly upgrade your service to ensure that you receive the item by a specific
date if you are willing to pay the difference in shipping costs between the
most efficient shipping method and your new requested shipping method.
Warranty
Disclaimer
This
site and the materials and products on this site are provided “as is.”
Many of the products on the site come with a manufacturer warranty.
Warranties are not handled through WWW.ANSXTREME.COM. If you are concerned with
the warranty of a particular item, contact the manufacturer prior to purchasing
the product. To the fullest extent permissible pursuant to applicable
law, WWW.ANSXTREME.COM disclaims all warranties, express or implied, including but
not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. WWW.ANSXTREME.COM does not represent
or warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful
components. WWW.ANSXTREME.COM does not make any warranties or representations
regarding the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation
of Liability
ANSGEAR.COM
expressly disclaims all warranties, express or implied, of any kind with
respect to the sites or their use, including but not limited to merchantability
and fitness for a particular purpose. WWW.ANSGEAR.COM
shall not be liable for any special or consequential damages that result from
the use of or the inability to use, the materials on this site or the
performance of the products, even if WWW.ANSGEAR.COM
has been advised of the possibility of such damages. You agree that this
limitation of liability is comprehensive and applies to all damages of any
kind, including without limitation direct, indirect, compensatory, special,
incidental, punitive and consequential damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical
Errors
In
the event a product is listed with an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, WWW.ANSXTREME.COM shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been
charged for the purchase and your order is canceled, WWW.ANSXTREME.COM shall issue a
credit to your credit card account in the amount of the incorrect price.
Shipping
WWW.ANSXTREME.COM uses the two (2) most reliable sources for shipping, UPS and USPS, live rates
can be found upon checkout when products are added to the shopping cart.
Most orders are shipped out within 24 hours upon placing an order. Under
special circumstances, this time line may be increased due to special orders or
inventory inconsistencies. Shipping insurance is offered for all UPS
shipments and MUST be purchased at the time of checkout. The insurance is
calculated in direct correlation of dollar amount of said order.
Unfortunately with USPS, although VERY reliable, a set figure is not possible
to publish and therefore cannot be purchased. Any damage or loss to
packages that occur in route to customer destinations must be dealt with
directly through the carrier. The carrier is the company which assumed
responsibility upon pick up of a package from WWW.ANSXTREME.COM facilities. WWW.ANSXTREME.COM will help in assistance of resolution but is in no means held
responsible.
Returns
WWW.ANSXTREME.COM does accept returns on may of the products that we stock. There are no
returns on paint, special orders, or items that have been used in any
way. The item to be returned must be brand new, factory sealed, and in no
way used. All returns will be assessed a 15% restocking fee on the
purchase price. Shipping in no way is refundable on any order. All returns and exchanged must be received
within 30 days from the time the order was placed.
Order
Acceptance Policy
Your
receipt of an electronic or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. WWW.ANSXTREME.COM reserves the right at any time after receipt of your
order to accept or decline your order for any reason. WWW.ANSXTREME.COM
reserves the right at any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered of any item. We may
require additional verifications or information before accepting any order.
Sales
Tax
WWW.ANSXTREME.COM shall automatically charge and withhold the applicable sales tax for orders to
be delivered to addresses within California.
Each customer shall be solely responsible for all sales taxes, or other taxes,
on orders shipped to any other state.
Check out our full retail website at http://www.ansgear.com
International
Orders
For
international orders, each customer shall be solely responsible for all customs
fees, brokerage fees, or any other applicable fees assessed on orders shipped
to other countries.
Service
and Support
All
requests for technical service and support shall be made directly to the
manufacturer in accordance with their terms and conditions.
Terms
& Conditions
These
terms and conditions are applicable to you upon your accessing the site and/or
completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by WWW.ANSXTREME.COM without
notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
WWW.ANSXTREME.COM may deliver notice to you by means of e-mail, a general notice on the site, or
by other reliable method to the address you have provided to WWW.ANSXTREME.COM.
Miscellaneous/Jurisdiction
and Venue
Your
use of this site shall be governed in all respects by the laws of the state of California, U.S.A.,
without regard to choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the
purchase of WWW.ANSXTREME.COM products)
shall be in the state or federal courts located in Los Angeles County,
California. Any cause of action or claim you may have with respect to the
site (including but not limited to the purchase of WWW.ANSXTREME.COM products) must be commenced
within one (1) year after the claim or cause of action arises. WWW.ANSXTREME.COM's failure to insist upon
or enforce strict performance of any provision of these terms and conditions
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify
any of these terms and conditions. WWW.ANSXTREME.COM may assign its rights and duties under this Agreement to any party at any time
without notice to you.
Use
of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a WWW.ANSXTREME.COM or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation
Disclaimer
WWW.ANSXTREME.COM does not and cannot review all communications and materials posted to or
created by users accessing the site, and is not in any manner responsible for
the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, WWW.ANSXTREME.COM is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents or
activities on the site. However, WWW.ANSXTREME.COM reserves the right to block or
remove communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to WWW.ANSXTREME.COM in its
sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless WWW.ANSXTREME.COM, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, WWW.ANSXTREME.COM may link
to sites operated by third parties. However, even if the third party is
affiliated with WWW.ANSXTREME.COM, WWW.ANSXTREME.COM has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of WWW.ANSXTREME.COM. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, WWW.ANSXTREME.COM seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does not work).
