Inovex Industries, Inc. Internet Terms and Conditions Of Sale And Use (Version 2013-1; posted and effective as of January 1, 2013)
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 (ÂUser AgreementÂ). 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 email@example.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.
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.
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 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.
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.
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, cashierÂs 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 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.
* Free shipping on domestic orders of $75 or more does not apply to all products (for example does not apply to 5-gallon pails, 55-Gallon drums, ROTIS pump, dents and dings, discounted or on some on sale products, etc.), and is limited to retail sales only (no dealer or commercial sales). Inovex reserves the right to ship an order that is eligible for free shipping using the carrier and method of its choice.
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.
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
Sterling, Virginia 20166
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.
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.
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
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.
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 InovexÂs 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.
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.
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.
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
Toll-Free: 1-888-374-3366 ( USA Only)
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.