Inovex
Industries, Inc. Internet Terms and Conditions Of Sale
And Use (Version 2006-1; posted and effective as of May
1, 2006)
BY
VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE
("Site") OPERATED BY Inovex
Industries, Inc. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF
THIS USER AGREEMENT (“User Agreement”). IF
YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE YOUR USE OF
THIS SITE.
Inovex Industries, Inc. (all
upper- and lower-case versions of “Inovex,” “seller,” “our,”
“we,” “us”), the manufacturers of the Ride-On and Bike-On Tire
Protection System line of tire sealants, is committed to maintaining the trust
of our customers and visitors (all upper- and lower-case versions of “you,”
“your,” “customers,” “visitors,” “users”).
Important
Information about This Legal Contract
You
agree to this User Agreement, and all of its terms and conditions, by visiting,
browsing, shopping, accessing or otherwise using the Site. These terms and
conditions are subject to change without notice at any time, and at Inovex's
sole discretion. By visiting, browsing, shopping, accessing or otherwise using
the Site after a change has been posted to the Site, the Customer agrees to
accept that change. Customers should check this User Agreement and the Privacy
Pledge frequently for updates.
Acceptance
of Contract Terms
This
User Agreement and all of its terms and conditions constitute a legal contract
between you and Inovex. By visiting, browsing, shopping, accessing or otherwise
using this Site, you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement and changes made to the User
Agreement by Inovex from time to time, do not use this Site. The material
provided on this Site is protected by law, including but not limited to United States
copyright law as well as international treaties. This Site is controlled and
operated by Inovex from its offices within the United States. Inovex makes no representation that materials in the Site are appropriate or
available for use in other locations, and access to them from territories where
its content is prohibited is not authorized. Those who choose to access this
Site from such other locations do so solely at their own risk.
By visiting this Site, you agree that any claim relating to the use of or
visitation to this Site and the information contained herein shall be governed
by the laws of the Commonwealth of Virginia without regard to conflict of law
rules, and you consent to the jurisdiction of the federal and state courts
located in Loudoun County, Virginia to hear any such claims.
INTERNET
TERMS AND CONDITIONS OF SALE
Sales
to End Users Only
The Ride-On online store sells and ships products to end-user retail customers
only. All dealers, commercial fleets, government agencies, OEM manufacturers and
international distributors should contact Inovex Industries at 703-421-9778 or
via e-mail at sales@ride-on.com for
information on how to order Inovex products.
Important
Information about This Legal Contract
This
User Agreement is a legal contract between the Customer and Inovex. The Customer
accepts this User Agreement by making a purchase, placing an order, or otherwise
shopping on the Site. These terms and conditions are subject to change without
notice.
This
User Agreement constitutes the entire agreement between the Customer and Inovex
relating to the purchase or sale of goods or services on the Site. The User
Agreement may only be modified or terminated with regard to goods or services
that have been purchased or sold on the Site in writing by Inovex. Electronic
records (including signatures) that are otherwise valid shall be accepted under
the User Agreement. The Customer consents to receiving electronic records, which
may be provided via web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting Inovex in writing at the
address provided below.
In
the event of any conflict between the terms and conditions stated on your
purchase order and this User Agreement or any terms and conditions on our
invoice, you agree that the provisions of this User Agreement and our invoice
shall prevail.
Inovex reserves the right to refuse service, terminate accounts or
cancel orders at its sole discretion. Inovex reserves the right to change or
modify these terms and conditions from time to time, without notice, and as such
you are advised to check back often for revisions.
BY PLACING AN ORDER FOR ITEMS ON THIS SITE OR BY ACCEPTING DELIVERY
OF SUCH ITEMS DESCRIBED ON THE APPLICABLE PACKING SLIP, BILL OF LADING AND/OR
INVOICE RECEIVED WITH THE ITEMS, YOU AGREE TO BE BOUND BY AND TO ACCEPT THESE
USER AGREEMENT TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT PLACE ANY ITEM ORDERS ON THIS SITE. THESE ORDER TERMS AND CONDITIONS INCORPORATE BY
REFERENCE AND INCLUDE THIS SITE'S PRIVACY POLICY.
Governing
Law
THIS
AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH
OF
VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN LOUDOUN COUNTY, VIRGINIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS
SALE AGREEMENT.
Title;
Risk of Loss
Title to
goods herein being purchased is retained by the seller until goods are paid for
by the purchaser and at that time title passes to the purchaser. Loss or damage
that occurs during shipment by a carrier selected by Inovex is Inovex’s
responsibility. Loss or damage that occurs during shipping by a carrier selected
by Customer is Customer's responsibility. From time to time, shipments via the United States
Postal Service (“USPS”) and other service providers may be shipped without
means of tracking, without insurance or without both. Inovex specifically
recommends against electing shipment options that are non-trackable and/or
uninsured. Customers requesting shipping via a method that is non-trackable
and/or uninsured assume all risk for order loss and damage.
Export
Sales
If goods
are purchased for purposes of export, the Customer may be required to obtain
certain export, import, customs or other statutory or legal documentation before
shipment, in the course of shipment or to comply with US or foreign regulations.
From time to time, Inovex may at its own discretion assist the Customer in
obtaining or ascertaining the validity of such documentation; however the final
determination of need and the securing of such needed documentation, as well as
any expense incurred thereof, shall in all cases remain the responsibility of
the Customer. Please note that Inovex’s warranties for exported goods may vary
or even be invalid for goods sold or exported to locations outside of the United States. The Customer should inquire further with any questions regarding export sales.
Any and all Inovex liability shall, in any case, be limited to the value of the
products purchased.
General
Legal Disclaimer
INOVEX
HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS DISCLAIMER BY INOVEX IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer
Internet
connectivity requires access services from an Internet access provider. Contact
your local access provider for rates, terms and conditions.
Disclaimer of Warranty
EXCEPT FOR THE FOREGOING, INOVEX EXPRESSELY DISCLAIMS ALL
GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
INOVEX'S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR
RESULTING FROM AND BREACH OR DEFAULT BY INOVEX IN CONNECTION WITH THE SALE OF
GOODS HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE THEREOF, REGARDLESS OF
WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, AND IN NO EVENT SHALL INOVEX BE
LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. INOVEX
WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE FOR THE
PURCHASE(S) UNDER THIS AGREEMENT. NO REPRESENTATIVE OF INOVEX IS
AUTHORIZED TO MODIFY THIS SECTION OR TO ISSUE ANY WARRANTY REGARDING GOODS
DELIVERED HEREUNDER ON BEHALF OF INOVEX. CUSTOMER AGREES THAT ANY CIVIL ACTION
AGAINST INOVEX RELATING TO OR ARISING OUT OF THE SALE OF GOODS HEREUNDER SHALL BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE THE CAUSE
OF ACTION OCCURED; OTHERWISE IT SHALL BE BARRED.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this User Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this User Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this User Agreement), Inovex's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this User Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any in-person hearing is required, it shall be
held in Sterling, Virginia. Judgment on the award rendered by the arbitrator(s) may be entered by any
court having jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Order Processing
Orders are not
binding upon Inovex until accepted by Inovex. Terms of payment are set by
Inovex, at Inovex's sole discretion. The estimated shipment date on your order is
based on product availability, payment processing time and warehouse processing
time and does not include transit time. Payment processing will not begin until
we receive all the information needed and full payment, or full authorization,
in the case of credit card, money order, cashier’s check, and PayPal orders.
Orders
placed on a weekend or holiday will begin processing the next business
day.
Orders for
in-stock items that are eligible for same-day shipping must be received before
Inovex local time of 12:00 p.m. (EST, GMT -5), pending payment processing. USPS orders will be shipped the following business day. USPS delivers on Saturdays, however UPS deliveries are only Monday - Friday. UPS does not consider the day of shipment as a business day when determining delivery dates (i.e. an order that is quoted as three business days that ships on a Monday, will be delivered on a Thursday). Orders placed on
the weekend or on a holiday will begin processing the next business day (except for USPS orders that will process on the 2nd business day).
Unanticipated changes in supply can affect product availability. Please confirm
the estimated shipping lead time on the "Review Your Order" page for
the most current information regarding product availability.
Inovex
business days and hours are Monday through Friday, 9:00 a.m. to 5:00 p.m.
Eastern Time (GMT -5). Inovex reserves the
right to close on certain US official and other holidays without notice.
Please
review the Product Availability section below for more information regarding
order processing and product availability times.
The
Customer is responsible for any applicable customs, duties, sales and all other
taxes associated with the order.
Pricing
and Information Disclaimer
Pricing
is subject to change. For all prices, products and offers, Inovex reserves the
right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and other
circumstances deemed reasonable and appropriate by Inovex.
While Inovex uses reasonable efforts to include accurate and up-to-date
information on the Site, Inovex makes no warranties or representations as to the
Site's accuracy. Inovex assumes no liability or responsibility for any errors or
omissions in the content of the Site.
Shipping
Policy
Shipping
and handling charges on all orders vary; contact your Inovex account manager for
our most current rates and options. Quoted shipping dates are based on estimates at the time of
sale. Inovex will use its best efforts to meet such shipping dates, but shall
not be liable for any direct or indirect costs or damages, including without
limitation incidental or consequential damages resulting from late deliveries or
product availability. Inovex will make all reasonable efforts to facilitate
quick deliveries. Inovex does not accept C.O.D. orders. The Customer must
inspect all shipments for damage and is responsible for making claims to the
shipper in accordance with shipper requirements, but in no case later than 24
hours after receipt of product shipment. In-stock merchandise will usually ship
within 48 hours of order receipt. Some items may not be in stock at time of
order and stock is shipped on a first come, first served basis. Back-ordered
merchandise may take up to two to four
weeks for delivery. In some circumstances,
international shipping may be available. Call for details.
Product
Availability
Order lead time is the length of time it will take us to validate your credit
card, assemble the right products and package your order. Shipping time is
the length of time it will take for the package to travel from our warehouse to
your shipping address.
Inovex makes every effort to ship your product according to the estimated lead
times provided by the Ride-On online store at checkout. The estimated lead
times are in business days (Monday through Friday) excluding US official and
other usual and customary holidays. Lead times will begin the following
business day for orders placed and credit cleared after 12 p.m. Eastern Time.
Although every effort is made to ship your order according to the lead time
provided, shipping dates may change due to changes in supply. If the lead time
changes, Inovex will contact you via email and provide a revised shipping
estimate.
Payment
Methods
Credit Card
You may pay by credit card no matter which ordering method you use (Internet or
phone). At the time your order is placed, Inovex obtains a pre-approval from the
credit card company for the amount of the order. Credit card billing occurs when
your order is processed. Inovex and the Ride-On online store accept Visa,
MasterCard, and American Express credit cards. We
may be unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may substantially
delay the processing of your order.
Credit
Card Security Codes
The Ride-On online store requires the credit card security code for your card
for any telephone or online purchase. The credit card security code is an
individual three- or four-digit number specific to your credit card that may be
printed on the face of your card above the embossed account number (if American
Express), or on the back of your card, on the signature panel (if Visa or
MasterCard). Asking for and confirming your credit card's security code helps
protect you from unauthorized use of your account.
Cashier's
Check or Money Order
The Ride-On online store accepts cashier's checks and money orders as valid
forms of payment for phone orders only. Personal or business checks are not
accepted. The cashier's check or money order must be made payable to Inovex
Industries, Inc. After confirming with an Inovex sales representative the total
cost of your order, please mail your payment to:
Inovex Industries, Inc.
45681 Oakbrook Court
Unit 102
Sterling,
Virginia 20166
USA
Include
with your order your name, the original ship-to address given to the Inovex
sales representative and your original product request.
Inovex must receive your payment within 10 calendar days or your order
will be canceled. Please allow 2 business days for order processing after Inovex
receives your payment.
Sales
Tax
Ride-On
Store purchases will include sales tax, as applicable, based on your shipping
address and the sales tax rate in effect at the time your order is placed. If
you phone in your order, the Ride-On Store sales representative will provide an
estimated dollar total of your order, including any applicable sales tax and any
shipping charges. The receipt that Inovex mails to you will include any
applicable sales tax.
Tax
Exempt Orders
If your
order is being placed by a tax-exempt organization or individual, please call
Inovex Industries at 703-421-9778, or toll-free in the USA at 1-888-3-RIDE-ON (374-3366). Be prepared to provide proof of state tax-exempt
status for the state where the product is being shipped. The organization or
individual name on the order must exactly match the state tax-exempt
certificate. Federal tax exemption certificates are not accepted.
Return Policy
If
you are not satisfied with your Inovex product, please call Inovex
at 703-421-9778, or toll-free in the USA at 1-888-374-3366
for a Return Merchandise Authorization (RMA) request within 30 calendar days of
the receipt of the product. If the item is returned unopened in the original
box, we will exchange it or offer you a refund based on your original method of
payment. The product must be returned to the Inovex warehouse within 14 calendar
days of the issuance of the RMA. All products must be packed in the original,
unmarked packaging including any accessories, manuals, and documentation that
shipped with the product. There will be a 15% restocking fee for all returned
merchandise.
Please
note that Inovex does not permit the return of or offer refunds for the
following products:
- Open
pails, bottles, cartridges of sealant
- ROTIS
Pumps
- Used
metered hand pumps
- Clothing
Inovex
recommends that you (1) use a carrier that offers shipment tracking for all
returns and insure your
package up to its full value so that you are completely protected if the
shipment is lost or damaged in transit. If you choose not to use a carrier that
offers tracking, or if you decide not forgo insuring the package for return, you
shall be responsible for any loss or damage to the product during shipping.
Please note that the United States Postal Service (USPS) offers limited tracking
capabilities and that there is a 30-calendar-day waiting period before the USPS
will initiate a trace.
Other
Terms and Conditions
Inovex is
not responsible for typographical errors.
Inovex
reserves the right to change the terms and conditions of sale at the Ride-On
online store at any time.
All sales
at the Ride-On Store are governed by the laws of the Commonwealth
of
Virginia without giving effect to its conflict of law provisions.
No Inovex
employee or agent has the authority to vary any of the Ride-On online store's
policies or terms or conditions governing any sale.
INTERNET
TERMS AND CONDITIONS OF USE
Access,
Interference and Linking
Inovex grants you a limited license to access and make personal use of the Site
and not to download (other than page caching) or modify it, or any portion of
it, except as provided below under the section entitled Use Restrictions, or with express written consent of Inovex.
The
following activity on the Site is expressly prohibited: Any non-personal or
commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by Inovex; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant that
supplies products competitive with or comparable to those offered on the Site;
and any use of, visits to, or other action that imposes an unreasonable or
disproportionately large load on the Site, or otherwise interferes with its
proper and timely functioning. Any unauthorized use terminates the license
granted by Inovex.
You
are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of the Site so long as the link does not portray Inovex, its
affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Inovex logo or other proprietary
graphic or trademark as part of the link without express written permission.
Inovex
does not review or control third-party sites that link to or from the Site, and
is not responsible for the contents of any third-party sites linked to or from
the Site.
Use
Restrictions
The
copyright in all material provided on this Site is held by Inovex or by the
original creator of the material. Except as stated herein, none of the material
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of Inovex or the copyright owner. Permission is granted
to display, copy, distribute and download the materials on this Site for
personal, non-commercial use only, provided you do not modify the materials and
that you retain all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without Inovex’s prior
written permission, "mirror" any material contained on this Site on
any other server. Any unauthorized use of any material contained on this Site
may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
All
trademarks and registered trademarks are the sole property of their respective
owners. Inovex Industries, Inc., Ride-On, Bike-On, ROTIS, and various slogans
and taglines identified with the TM or register mark are trademarks of Inovex
Industries, Inc. Copyright © 2006 Inovex Industries, Inc.
Limitation
of Liability
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INOVEX BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE,
OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF INOVEX OR A INOVEX
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Inovex, its service providers, agents, employees, successors, assigns,
affiliates, parents, subsidiaries and any content provider or offer or of goods
or services on this Site or through any other associated activity, that ANY
CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY
HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED
TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under
the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect
at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards
(9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of
the award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Sterling,
VA. Each party shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
Privacy
Please
review our Privacy Policy,
which also governs your visit to this Site. You are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. If you are under 18, you may use the Site
only with a parent or guardian. Inovex reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications
with Inovex
Any
communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like is,
and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by Inovex for any purpose, including but not
limited to reproduction, disclosure, transmission, publication, broadcast, and
posting. Furthermore, Inovex is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to Inovex or the Site for any
purpose whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
Copyright
Complaints
If you
believe that your work has been copied in a way that constitutes copyright
infringement, please contact:
Inovex Industries, Inc.
45681 Oakbrook Court
Sterling VA,
20166
Phone: 703-421-9778
Toll-Free:
1-888-374-3366 ( USA Only)
Fax: 703-421-1967
Email:
info@ride-on.com
Disagreement
with These Terms and Conditions
If you
disagree with any of the terms and conditions of this User Agreement, please do
not visit, browse, shop, access or otherwise use this Site.