1.
General.
These
General Terms and Conditions of Use ("Terms")
are entered into by and between you and KINGERSONS,
a FLORIDA corporation.
“KINGERSONS” in this agreement means
ADVANCE INFOTECH INC., whose principal place of business
is at 1921, S Palmetto Ave, South Daytona, FL 32119. In
consideration of your use of and access to this
Internet site (the "KINGERSONS.com Site"),
and the promises and obligations herein, and intending
to be legally bound, you and KINGERSONS
hereby agree as follows:
KINGERSONS.com
and it's affiliate websites are (but not limited
to) kingersons.biz, www.kingersons.biz, www.minisplitacunit.com.
Your
access to and use of the KINGERSONS.com
Site and its affiliate website's is subject to
these Terms, as well as any modifications issued
by KINGERSONS to these Terms, and all applicable
laws and regulations.
Among
other things, KINGERSONS.com Site provides
information concerning various products and services
and the opportunity to obtain additional information
concerning those products and services or to purchase
them. These Terms and the information provided
in the KINGERSONS.com Site in no way override
the terms and conditions of your purchase of any
product or service except as specifically provided
herein. To the extent any area within the KINGERSONS.com
Site contains specific terms and conditions concerning
its use ("Specific Terms"), those Specific Terms
are in addition to these Terms. To the extent
there is a direct conflict between these Terms
and the Specific Terms, the Specific Terms shall
prevail.
2.
Changes in Terms.
KINGERSONS
shall have right at any time and without prior
notice, at its sole discretion, to revise these
Terms or to impose new terms and conditions with
respect to access to or use of the KINGERSONS.com
Site. Such revisions and additions shall be effective
immediately upon notice thereof, which may be
given by any means, including but not limited
to posting the revised or additional terms and
conditions on the KINGERSONS.com Site.
You are responsible for reviewing the KINGERSONS.com
Site periodically for any modification to this
Agreement that may affect your rights or obligations
hereunder. You agree that you shall be deemed
to be apprised of and bound by any modification
by KINGERSONS to these Terms. ANY ACCESS
OR USE OF THE kingersons.biz SITE BY YOU
AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE
TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR
AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification
to these Terms by any party other than KINGERSONS
shall be valid or enforceable against KINGERSONS
unless expressly agreed to by KINGERSONS
in a writing signed by a duly authorized officer
of KINGERSONS.
3.
Termination.
These
Terms are effective until terminated by KINGERSONS.
KINGERSONS may terminate these Terms without
notice and at any time. In the event of termination,
you are no longer authorized to access the KINGERSONS.com
Site, and the restrictions imposed on you with
respect to the Content, and the disclaimers, indemnities,
and limitations of liabilities set forth in these
Terms shall survive termination.
KINGERSONS
shall also have the right without notice and at
any time to terminate the KINGERSONS.com
Site or any portion thereof, or any products or
services offered through the kingersons.biz Site,
or to terminate any individual's right to access
or use the kingersons.biz Site or any portion
thereof.
4.
Compliance with Laws
You
agree to comply with all applicable laws, statutes,
ordinances and regulations regarding your use
of the kingersons.biz Site and your purchase of
the items on the kingersons.biz Site. You must
be at least 18 years old to use the kingersons.biz
Site and its affiliates.
5.
Governing Law
CONSENT
TO PERSONAL JURISDICTION: This Agreement shall
be construed, interpreted, enforced and governed
by and under the laws of State of Florida without
regard for conflicts of laws principles. Buyer
hereby expressly consents to the personal jurisdiction
of the State and Federal courts located in the
state of Florida for any lawsuit filed there againts
the buyer by ADVANCE INFOTECH INC. arising from or reltaing
to this agreement or product purchase. Exclusive
jurisdiction and venue of any actions arising
out of, or relating to or in any way connected
with this Agreement shall be in Volusia County,
Florida.
6.
Buyer's Rights and Obligations
Buyer agrees to accept the goods and pay for them
according to the terms further set out below.
i. Buyer agrees to pay for the goods: In full,
by debit/credit card or check within 15-20 business
days after delivery.
ii. Goods are deemed received by Buyer upon delivery
to Buyer’s requested shipping address upon
tracking confirmation.
Any payments delayed/declined/disputed after due
date may result in 8% late payment interest for
first month and 1.5% each month after first month.
Also, Miscellaneous-processing charge of $250
will be charged for all late payments. Buyer/Signer
agrees that in an event of non-payment, buyer
agrees to pay all fees incurred including reasonable
attorney fees in order to collect the foregoing.
iii. Buyer agrees to the responsibility of reading
all product features and Terms And Conditions
for each product before ordering. All Product
details, features, return policy and warranty
details can be downloaded from www.kingersons.biz
before ordering.
7.
Website Content.
The
text, images, photographs, graphics, logos, illustrations,
descriptions, data, and other material provided
on the kingersons.biz Site, as well as the selection,
assembly and arrangement thereof, are referred
to collectively as the "Content."
The
Content may contain errors, omissions, or typographical
errors or may be out of date. KINGERSONS may change,
delete, or update any Content at any time and
without prior notice. The Content is provided
for informational purposes only and is not binding
on KINGERSONS in any way except to the extent
it is specifically indicated to be so.
Unless
otherwise noted, all Content is protected by copyrights,
trademarks, service marks, and other proprietary
rights that are owned by KINGERSONS or by third
parties that have licensed their use to KINGERSONS.
You may view and use the Content only for your
personal information and for shopping and ordering
on the kingersons.biz Site, and for no other purpose,
and you shall retain intact all copyright and
other proprietary notices. Except as provided
in the foregoing, KINGERSONS does not grant to
you or any person any right to use, reproduce,
copy, modify, transmit, display, publish, sell,
license, create derivative works, publicly perform,
or distribute by any means, method, or process
whatsoever, now known or hereafter developed,
any of the Content on or transmitted through the
kingersons.biz Site, including without limitation
by transferring, downloading or otherwise copying
any Content onto any disk drive or other storage
medium. Any use of the Content, except as specifically
permitted in these Terms or as otherwise expressly
permitted in the Content or in a writing signed
by KINGERSONS, is strictly prohibited.
8.
Linked Third Party Sites.
Links
to other Internet sites operated by third parties,
including KINGERSONS vendors, do not constitute
sponsorship, endorsement, or approval by KINGERSONS
of the content, policies, or practices of such
linked sites. Linked sites are not operated, controlled,
or maintained by KINGERSONS, and KINGERSONS is
not responsible for the availability, content,
security, policies, or practices of linked sites,
including without limitation privacy policies
and practices. Links to other sites are provided
for your convenience only, and you access them
at your own risk.
9.
Prices; Orders.
All
prices displayed on the kingersons.biz Site are
quoted in U.S. dollars. KINGERSONS may restrict
delivery to addresses within the United States
and Canada. KINGERSONS will add shipping and handling
fees and applicable sales/use tax. Under unforseen
circumstances KINGERSONS reserves the right without
prior notice to discontinue or change specifications
and prices on products and services offered on
the kingersons.biz and its affiliates without
incurring any obligation to you. Products displayed
on this site are available while supplies last.
Descriptions of, or references to, products or
services on the kingersons.biz Site do not imply
endorsement of that product or service, or constitute
a warranty, by KINGERSONS.
The
receipt by you of an order confirmation does not
constitute KINGERSONS's acceptance of an order.
Prior to KINGERSONS's acceptance of an order,
verification of information may be required. KINGERSONS
reserves the right at any time after receipt of
your order to accept or decline your order, or
any portion thereof, even after your receipt of
an order confirmation from KINGERSONS, for any
reason. KINGERSONS reserves the right to limit
the order quantity on any item and to refuse service
to any customer without prior notification.
In
the event that a product or service is listed
at an incorrect price due to supplier pricing
information or typographical error, KINGERSONS
shall have the right to refuse or cancel orders
placed for the product listed at the incorrect
price, regardless of whether 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 cancelled, KINGERSONS shall
promptly issue a credit to your credit card account.
10.
Disclaimer and Limitation of Liability
WITHOUT
LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON
THE kingersons.biz SITE IS PROVIDED TO USERS "AS
IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY OR ACCURACY. THE "AS IS" CONDITION OF
CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION
ARISING THROUGH OR AS A RESULT OF THE kingersons.biz
SITE.
UNDER
NO CIRCUMSTANCES SHALL KINGERSONS, ITS SUPPLIERS
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES
OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT
OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY
WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE OF ANY KINGERSONS PRODUCTS/MERCHANDISE
OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING
BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER
SYSTEMS OR OTHERWISE, EVEN IF KINGERSONS IS EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We
want you to be completely satisfied with your
kingersons.biz purchase. If for any reason you
are not entirely pleased with a product you purchased
on the kingersons.biz Site, simply return the
item within 15 days of receipt for exchange or
request a refund as per return policy. After 15
days, all returns, replacements, service, and
support must be handled directly between you and
the manufacturer. Many products are packaged with
the manufacturer's warranty and service information
detailing specific terms and conditions. Manufacturers'
warranties may vary from product to product.
ALL
PRODUCTS AND SERVICES SOLD BY KINGERSONS ARE SUBJECT
TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS
OF THEIR RESPECTIVE MANUFACTURERS. KINGERSONS
MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT
TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY
STATED HEREIN, KINGERSONS EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND
WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON
THE kingersons.biz SITE, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL KINGERSONS'S LIABILITY EXCEED
THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE
THAT IS THE SUBJECT OF THE CLAIM.
11.
Indemnification.
You
agree to defend, indemnify, and hold harmless
KINGERSONS, KINGERSONS's vendors, and their affiliates
and related entities and their respective directors,
officers, employees, and agents from and against
all claims, losses, damages, liabilities, and
costs (including but not limited to reasonable
attorneys' fees and court costs), arising out
of or relating to your breach of these Terms or
your access to or use of the kingersons.biz Site.
The foregoing indemnification obligation shall
survive termination of these Terms and the kingersons.biz
Site and any product or service provided to you
arising out of or relating to your use of the
kingersons.biz Site.
12.
Submissions.
Except
as otherwise expressly provided herein or in the
KINGERSONS PRIVACY STATEMENT posted on the kingersons.biz
Site, any communication or material you transmit
to the kingersons.biz Site by electronic mail
or otherwise, including any questions, comments,
suggestions, or the like, is and will be treated
as non-confidential and non-proprietary and may
be used by KINGERSONS, KINGERSONS vendors, or
their affiliates or related entities for any purpose,
including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting.
Your credit card and personal information WILL
NOT BE SHARED. Furthermore, KINGERSONS, KINGERSONS
vendors, and their affiliates and related entities
are free to use any ideas, concepts, know-how,
or techniques contained in any communication you
send to the kingersons.biz Site for any purpose
whatsoever, including, but not limited to, developing,
manufacturing, and marketing products or services
using information contained in such communication.
13.
Miscellaneous.
These
Terms constitute the entire agreement of the parties
with respect to the subject matter hereof, and
supersede all previous written or oral agreements
between the parties with respect to such subject
matter. No waiver by KINGERSONS of any breach
or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
If any provision of these Terms shall be unlawful,
void, or for any reason unenforceable, then that
provision shall be deemed severable from the Terms
and shall not affect the validity and enforceability
of any other provisions of the Terms. The headings
and captions in these Terms are intended for convenience
only and shall in no way affect the interpretation
of the Terms.
KINGERSONS
shall not be liable for any nonperformance or
delay in performance caused by any act beyond
its reasonable control, including but not limited
to acts or omissions of third parties, unavailability
of supplies, equipment failure, war, strikes,
lock-outs, fire, flood, or any other Act of God,
any law, regulation, ordinance, or other act or
order of any court, government, or governmental
agency, or delays, unavailability, errors, or
other failures of the Internet or other data networks.
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