Terms and Conditions

The Terms and Conditions of Use of www.e6cvd.com/us

 

This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our website http://e6cvd.com/us (our site), whether as a guest or a registered user. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SITE. BY USING OUR SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO ABIDE BY THEM AND OUR PRIVACY POLICY (WHICH IS INCORPORATED INTO THESE TERMS OF USE). ANY REFERENCE TO "TERMS OF USE" ON THIS PAGE SHALL MEAN THESE TERMS OF USE AND OUR PRIVACY POLICY COLLECTIVELY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING OUR SITE. IF YOU ARE USING OUR SITE ON BEHALF OF AN ENTITY, ORGANIZATION OR COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS OF USE AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE ON BEHALF OF THAT ORGANIZATION. PLEASE NOTE THAT IF YOU ORDER OR PURCHASE ANY PRODUCTS ON OUR SITE, THE TERMS AND CONDITIONS OF SALE (AND NOT THESE TERMS OF USE) APPLY TO ANY SUCH PURCHASE.


INFORMATION ABOUT US

http://e6cvd.com/us is a site operated by Element Six Technologies US Corporation (we or Element Six), a Delaware corporation, with its principal place of business at 3901 Burton Drive, Santa Clara, CA 95054.

 

WAIVER OF CLASS ACTIONS AND RIGHT TO TRIAL BY JURY

THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND ELEMENT SIX WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS OF USE, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE "DISPUTE RESOLUTION AND ARBITRATION" SECTION BELOW FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH ELEMENT SIX.

 

ACCESSING OUR SITE

By agreeing to these terms of use, you represent and warrant to us that your use of our site will be in compliance with all applicable laws and regulations.

 

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

 

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, or suspend or terminate your access to our site at any time, with or without notice.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.


INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. Except as expressly granted by us in these Terms of Use, all such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

 

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


RELIANCE ON INFORMATION POSTED

Commentary, recommendations and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.


OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time (see below regarding changes to these terms of use). If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


OUR LIABILITY

OUR SITE AND ALL MATERIALS DISPLAYED ON OUR SITE ARE PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES. SO FAR AS WE ARE LAWFULLY ABLE, WE, OUR AFFILIATES AND THIRD PARTIES CONNECTED TO US (COLLECTIVELY, "E6 ENTITIES") HEREBY EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS RELATING TO OUR SITE AND ALL MATERIALS AVAILABLE THROUGH OUR SITE WHICH MIGHT OTHERWISE BE IMPLIED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE (OR ANY MATERIALS AVAILABLE THROUGH OUR SITE) WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE ADDITIONAL RIGHTS IN CERTAIN JURISDICTIONS.

 

THE E6 ENTITIES WILL NOT BE LIABLE TO YOU OR ANY USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THE USE, INABILITY TO USE, RESULTS OF THE USE OF, OR RELIANCE ON OUR SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR ANY:

 

  • LOSS OF INCOME OR REVENUE;
  • LOSS OF BUSINESS OR BUSINESS OPPORTUNITY;
  • LOSS OF PROFITS OR CONTRACTS;
  • LOSS OF ANTICIPATED SAVINGS;
  • LOSS OF DATA;
  • LOSS OF GOODWILL OR REPUTATION; AND/OR
  • WASTED MANAGEMENT OR OFFICE TIME.

SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE E6 ENTITIES TO YOU FOR ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE, INABILITY TO USE, RESULTS OF THE USE OF, OR RELIANCE ON ANY PORTION OF OUR SITE, ANY WEBSITES LINKED TO IT OR ANY MATERIALS POSTED ON IT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

 

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUD, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE 

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Our site uses cookies to distinguish you from other users of our site and improve your browsing experience. If you continue to use our site, we will assume that you are happy to receive cookies on our site. You can change your browser's cookie setting at any time. To find out more about how we use cookies and how to manage your browser settings, please read our Privacy Policy.


TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Sale for http://e6cvd.com/us.


VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

LINKS FROM OUR SITE 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and should not be interpreted as endorsement by us of those linked sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


APPLICABLE LAW AND JURISDICTION

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of California, without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these terms of use, then you and Element Six agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, CA for the purpose of litigating any dispute.

 

DISPUTE RESOLUTION AND ARBITRATION

a. Generally. In the interest of resolving disputes between you and Element Six in the most expedient and cost effective manner, you and Element Six agree that every dispute arising in connection with these terms of use will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these terms of use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms of use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND ELEMENT SIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

b. Exceptions.Despite the provisions of subsection (a), we both agree that nothing in these terms of use will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

 

c. Arbitrator. Any arbitration between you and Element Six will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, AAA Rules) of the American Arbitration Association (AAA), as modified by these terms of use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org (or any replacement site), by calling the AAA at 1-800-778-7879 (or at its main number), or by contacting Element Six.

 

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (Notice). Element Six's address for Notice is: Element Six Technologies US Corporation, 3901 Burton Drive, Santa Clara, CA 95054. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (Demand). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Element Six may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Element Six must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Element Six will pay you the highest of the following: (x) the amount awarded by the arbitrator, if any; (y) the last written settlement amount offered by Element Six in settlement of the dispute prior to the arbitrator’s award; or (z) $1,000.

 

e. Fees. If you commence arbitration in accordance with these terms of use, Element Six will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, CA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Element Six for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

f. No Class Actions. YOU AND ELEMENT SIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Element Six agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

g. Modifications. If Element Six makes any future change to this arbitration provision (other than a change to Element Six's address for Notice), you may reject the change by sending us written notice within 30 days of the change to Element Six's address for Notice, in which case your account with Element Six will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

 

h. Enforceability. If subsection (f) is found to be unenforceable or if the entirety of this Dispute Resolution and Arbitration provision is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the preceding section will govern any action arising out of or related to these terms of use.

 

TRADE MARKS

"Element Six" and any trademarks relating to the products sold via our site are registered trademarks of Element Six Technologies US Corporation or our other affiliates.

 

MODIFICATION OF THESE TERMS

We may revise these terms of use on a going forward basis at any time. You are expected to check this page from time to time to take notice of any changes we may have made. If a change to these terms of use materially modifies your rights or obligations, you will be required to accept the modified terms of use in order to continue to use our site. Material modifications are effective upon your acceptance of the modified terms of use. Immaterial modifications are effective upon publication on this page. Disputes arising under these terms of use will be resolved in accordance with the version of these terms of use that was in effect at the time the dispute arose. If you do not agree to any changes we make to these terms, please refrain from using our site. If any part of these terms of use is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

CONSENT TO ELECTRONIC COMMUNICATIONS

By using our site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

CONTACT

If you have any concerns about material which appears on our site, please contact ustechnologies@e6.com.

 

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our site or to receive further information regarding use of our site.

 

Thank you for visiting our site.

 

 

The Terms and Conditions of Sale of www.e6cvd.com/us

 

This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the products ("Products") listed on our website http://e6cvd.com/us("the website" or "our site") to you ("the Buyer" or "you"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ANY PRODUCTS FROM OUR SITE. YOU SHOULD UNDERSTAND THAT, BY ORDERING ANY OF OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE ORDERING ANY PRODUCTS ON BEHALF OF AN ORGANIZATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ON BEHALF OF THAT ORGANIZATION. You should print a copy of these terms and conditions for future reference. These terms and conditions are only in the English language.

 

BEFORE ORDERING ANY PRODUCTS OR AGREEING TO THESE TERMS AND CONDITIONS, PLEASE, IN PARTICULAR, CAREFULLY REVIEW THE FOLLOWING TWO PROVISIONS:

  • ALL PRODUCTS ARE PROVIDED "AS IS" WITH NO WARRANTY, REFUND, OR RETURN RIGHT

ALL PRODUCTS ON OUR SITE ARE PROVIDED "AS IS", WITH ALL FAULTS, AND WITHOUT ANY GUARANTEES OR WARRANTIES. ALL SALES ARE FINAL. YOU SHALL HAVE NO RIGHT TO REJECT OR RETURN ANY PRODUCT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ANY PRODUCT IS WITH YOU.

  • WAIVER OF CLASS ACTIONS AND RIGHT TO TRIAL BY JURY

THESE TERMS AND CONDITIONS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE SELLER (AS DEFINED BELOW) WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS OR ANY CONTRACT (AS DEFINED BELOW), EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW CLAUSE 17 (DISPUTE RESOLUTION AND ARBITRATION) BELOW FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH THE SELLER.

 

1. INFORMATION ABOUT US

1.1 http://e6cvd.com/us is a site operated by Element Six Technologies US Corporation ("the Seller", "us" or "we"). We are a Delaware corporation, with its principal place of business at 3901 Burton Drive, Santa Clara, CA 95054.

 

Telephone: +1 408 986 2400

 

Fax: +1 408 327 1300

 

Email: ustechnologies@e6.com

 

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 

2.1 By placing an order through our site, you represent and warrant that you are legally capable of entering into binding contracts and are at least 18 years old. In addition, if you are buying any Products on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms and conditions.

 

2.2 The Buyer shall place an order to purchase a Product by placing an order on the website. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

 

2.3 After placing an order, you will receive an "Order Confirmation" e-mail from us acknowledging that we have received your order and containing details of the order made. You are required to promptly notify us of any inaccuracy or error in the terms of any Order Confirmation. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us in respect of your purchase of a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (this constitutes the "Dispatch Confirmation"). The contract between you and us ("Contract") will only be formed when we send you the Dispatch Confirmation. This Contract incorporates these terms and conditions and is between you and us and no other person shall have any rights to enforce any of its terms.

 

2.4 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

2.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

 

2.6 You may not cancel your order if it has already been accepted by the Seller except with the agreement in writing of the Seller.

 

3. OUR PRODUCTS / DELIVERY

3.1. The images of the Products on our site are for illustrative purposes only and we do not warrant that the images or the descriptions of the Products on our site are accurate. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color or dimension of the Products. The Products delivered to you (and the packaging of those Products) may vary slightly from the images on our site. We may revise and discontinue any Product at any time without notice to you and this may affect items in your online shopping cart but shall not affect any orders accepted by Seller.

 

3.2 Delivery of the Products shall be made by the Seller delivering the Products via a courier, the cost of which is defined on our website and will be displayed prior to the placing of your order.

 

3.3 Any dates quoted for shipping and delivery of the Products are approximate only. Please note that timescales for delivery of the Products may vary depending on the availability of the Products and your address. The Products may be delivered by the Seller in advance of the quoted delivery date. Time for delivery shall not be of the essence.

 

3.4 Where the Products are to be delivered in installments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the installments in accordance with these terms and conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat any other Contract as cancelled.

 

3.5 Any claim for shortage in any delivery must be notified to the Seller in writing within two calendar days of the date of receipt of the Products by the Buyer or shall be deemed waived.

 

4. STATUTORY RIGHTS; NOTICE TO CALIFORNIA RESIDENTS

4.1 As a consumer, you may have additional legal rights in relation to any Products that are faulty or not as described.

 

4.2 NOTICE TO CALIFORNIA RESIDENTS. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our site or to receive further information regarding use of our site.

 

5. INTERNATIONAL DELIVERY; EXPORT

5.1 We deliver to the countries listed on this page ("International Delivery Destinations"). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

 

5.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

 

5.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

 

5.4 You must comply with all applicable laws and regulations of the country to which the Products are to be delivered. We will not be liable or responsible if you break any such law.

 

5.5 The Buyer shall export the Products only in compliance with applicable export control laws and regulations as well as the laws of the country where such Products are delivered or used. These laws may include restrictions on destinations, users, and end use.

 

6. PRICE AND PAYMENT

6.1 Except as described in clause 6.3 below in relation to pricing errors, the price of the Products shall be the Seller's quoted price on our site and displayed prior to the placing of the Buyer's order, in addition to the cost of shipping (including any additional insurance costs, customs duties, clearance charges or equivalent duties), any VAT or taxes applicable, and the cost of using the relevant means of payment. This information shall also be quoted on the Dispatch Confirmation accepting the Buyer's order. If the Seller is required to pay any such amount, the Buyer shall promptly reimburse the Seller for such amount, as invoiced by the Seller. Please note the rules on international deliveries set out in clause 5 above.

 

6.2 The prices on our site are liable to change at any time but, save as set out in clause 6.3, changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

 

6.3 Our site contains a large number of Products and it is always possible that some of the Products listed on our site may be incorrectly priced. We are not responsible for pricing or other errors in any of our offers. We will normally verify prices as part of our dispatch procedures so that, if we notice that a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. However, we are under no obligation to provide the Products to you at any incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing. If a Product's correct price is higher than the price quoted to you, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. If you have already paid for any rejected order, we will refund you the full amount as soon as possible.

 

6.4 Payment for all Products must be in United States Dollars and made by credit card through our site. Your credit card will be charged upon dispatch of the Products.

 

7. RISK AND TITLE

7.1 Risk of damage to, or loss of, the Products shall remain with the Seller until they have been physically delivered to the relevant courier.

 

7.2 Despite delivery having taken place and risk in the Products having passed, and despite any other provision of these terms and conditions, the title in the Products shall not pass to the Buyer until the Seller has received in cleared funds payment in full of all amounts owed for the Products. Until such time as the title in the Products passes to the Buyer, the Buyer shall hold the Products as the Seller's fiduciary agent and bailee and shall keep the Products separate from the goods of the Buyer and third parties, properly stored, protected, insured and identified on the Buyer's property, but shall be entitled to use the Products as normal. The Buyer hereby irrevocably authorizes the Seller or its representatives to enter upon the Buyer's premises where any such Products are stored, or are thought to be stored, for the purpose of repossessing them and, if the Seller so chooses, subsequently reselling them.

 

8. ALL SALES FINAL; NO WARRANTIES; OUR LIABILITY

8.1 THE PRODUCTS ARE PROVIDED "AS IS", WITH ALL FAULTS, AND WITHOUT ANY GUARANTEES OR WARRANTIES. ALL SALES ARE FINAL. YOU SHALL HAVE NO RIGHT TO REJECT OR RETURN THE PRODUCTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS IS WITH YOU. SHOULD THE PRODUCTS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU AND NOT THE SELLER SHALL BE RESPONSIBLE FOR THE ENTIRE COST OF ANY SUCH DEFECTS.

 

8.2 ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED BY LAW, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, THE SELLER WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PURPOSES. THE SELLER SHALL NOT BE LIABLE FOR ANY LOSSES ARISING FROM ANY DELAY IN DELIVERY OF THE PRODUCTS HOWSOEVER CAUSED OR FROM ANY BUYER ACT OR OMISSION RESULTING FROM ANY ADVICE OR RECOMMENDATION BY THE SELLER. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER SHALL NOT BE LIABLE TO THE BUYER (INCLUDING, WITHOUT LIMITATION, BY REASON OF ANY REPRESENTATION, OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES (WHETHER FOR LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY, GOODWILL OR OTHERWISE), EVEN IF REASONABLY FORESEEABLE BY THE SELLER OR CAUSED BY THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES OR AGENTS OR OTHERWISE, WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE PRODUCTS OR THEIR USE OR RESALE BY THE BUYER OR ITS CUSTOMERS, EXCEPT AS EXPRESSLY PROVIDED IN CLAUSE 8.4. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF SELLER AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES OR EXPENSES ARISING UNDER THESE TERMS AND CONDITIONS OR ANY CONTRACT OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PRODUCT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO THE AMOUNTS PAID TO THE SELLER WITH RESPECT TO THE APPLICABLE CONTRACT OR PRODUCT GIVING RISE TO THE CLAIM, EXCEPT AS EXPRESSLY PROVIDED IN CLAUSE 8.4.

 

8.4 Nothing in these terms and conditions limits or excludes the Seller's liability for: (i) death or personal injury caused by the Seller's negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded or limited under applicable law.

 

EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

9. EVENTS OUTSIDE OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.

 

9.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including, but not limited to, acts, restrictions, regulations, prohibitions or measures of any kind on the part of any governmental or local authority, explosion, fire, storm, flood, earthquake, subsidence, epidemic or other natural disaster, war (whether declared or not) or threat or preparation for war, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, insurrection, international sanctions or boycotts, import or export regulations or embargoes, difficulties in obtaining raw materials, labor, fuel, parts or machinery, power failure or breakdown in machinery, strikes, lock-outs or other industrial action by third parties, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

 

9.3.1 we will contact you as soon as reasonably possible to notify you; and

 

9.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

10. WRITTEN COMMUNICATIONS / COMPLAINTS 

10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic, as described in our Privacy Policy. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

 

10.2 If you have any questions or complaints about your order, please contact our customer services team using the contact details set out in clause 1. We will confirm receipt of this by contacting you in writing and will endeavor to respond to your question or complaint without undue delay.

 

11. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

 

11.2 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

 

11.3 We may transfer, assign, or sub-contract a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

12. WAIVER 

12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.

 

13. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be deemed not to form part of these terms and conditions or Contract, and the validity and enforceability of the remaining terms, conditions and provisions will continue unaffected.

 

14. ENTIRE AGREEMENT

14.1 These terms and conditions and any Dispatch Confirmation represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing, relating to such subject matter. We recommend that you read them carefully to protect your own interests.

 

14.2 You and we each acknowledge that, in entering into a Contract, neither you nor we have relied on any representation, undertaking, warranty or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these terms and conditions. Our employees and agents are not authorized to make any representation or warranty with respect to the Products.

 

14.3 We intend to rely upon these terms and conditions and any Dispatch Confirmation in relation to the subject matter of any Contract.

 

15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

15.1 We have the right to revise and amend these terms and conditions from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. These terms and conditions were most recently updated July 2015.

 

15.2 You will be bound by the policies and terms and conditions in force at the time that you order Products from us.

 

15.3 If you do not agree to these terms and conditions, please refrain from ordering any of our Products.

 

16. LAW AND JURISDICTION

16.1 These terms and conditions and any Contracts for the purchase of Products through our site will be governed by, and construed in accordance with, the laws of the state of California, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any Contract or the parties' relationship.

 

16.2 If a lawsuit or court proceeding is permitted under these terms and conditions or any Contract, you and we both agree that any dispute arising from, or related to, any Product, these terms and conditions and/or any Contracts shall be dealt with exclusively by the state courts and federal courts located within Santa Clara County, CA.

 

17. DISPUTE RESOLUTION AND ARBITRATION 

17.1 Generally. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that every dispute arising in connection with these terms and conditions and any Contract will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these terms and conditions or of any Contract, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms and conditions or any Contract. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

17.2 Exceptions. Despite the provisions of clause 17.1, we both agree that nothing in these terms and conditions will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

 

17.3 Arbitrator. Any arbitration between you and us will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these terms and conditions, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org (or any replacement site), by calling the AAA at 1-800-778-7879 (or at its main or any replacement number), or by contacting us.

 

17.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). Our address for Notice is: Element Six Technologies US Corporation, 3901 Burton Drive, Santa Clara, CA 95054. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (x) the amount awarded by the arbitrator, if any; (y) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; or (z) $1,000.

 

17.5 Fees. If you commence arbitration in accordance with these terms and conditions, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, CA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

17.6 No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

17.7 Modifications. If we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

 

17.8 Enforceability. If clause 17.6 is found to be unenforceable or if the entirety of this Dispute Resolution and Arbitration provision is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in clause 16 will govern any action arising out of or related to these terms and conditions or any Contract.

 

18. HOW WE USE YOUR PERSONAL INFORMATION

18.1. We will only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you and the information we collect through the ordering process.