- ACCEPTANCE OF TERMS
- REGISTRATION REQUIREMENTS
You must complete the website registration process to create an account with a user ID and password (the “Account”) in order to make a purchase or post a comment on the Site. You agree that you will be responsible for maintaining your user ID and password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. Any use of the Site through your Account will be deemed as being used by you. 360Heros is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable
Your completion of an online order or receipt of confirmation thereof does not signify 360Heros’ acceptance of your order, nor does it constitute confirmation of 360Heros’ offer to sell. 360Heros reserves the right at any time after receipt of your order to accept or decline your order for any reason and without any prior notice.If we reject your order, we will notify you promptly and provide a full refund.
- CONDITIONS OF SALE
You agree to pay all charges incurred on your Account at the prices then in effect when such charges are incurred. All purchases must be made by credit or debit card. You agree to pay all applicable taxes, customs, duties or other governmental charges related to your purchase. 360Heros is not be responsible for any taxes, including sales, use, and tangible property, except for taxes on 360Heros income. We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged separately at the time of shipment.
We reserve the right, at any time, to change our prices for products sold on the Site, effective immediately upon posting on the Site. All prices are Ex Works 360Heros, with shipping charged separately. Title and risk of loss will pass to you at the Ex Works point.
360Rize will accept returns for 30 days from the date of your receipt for a full refund of the original amount paid, less shipping and handling at the time of purchase. This excludes software purchases as ALL SOFTWARE PURCHASES ARE FINAL. Any software included with the KIT packages will be deducted from the purchase KIT price to be refunded. All non-360Heros hardware (including cameras, hard drives, and accessories) are subject to the product manufacturer’s respective product warranty. Items that show signs of use or have been opened will be charged 25%-100% restocking fee. Items returned in unopened original packaging after 30 days of receipt will be charged a 25% restocking fee. If products were opened, used, and returned, a rental fee may apply. Returns must include all materials as shipped, with no scratches or obvious marks, and you are solely responsible for shipping and handling fees incurred in returning any product. Refunds will be applied to the credit or debit card on which the original purchase was made. Items missing from shipment will be deducted from the refund (applicable amount determined by us). If the return is a result of our error (you received an incorrect or defective item, etc.), we will refund the cost of shipping. ABSOLUTELY NO RETURNS ACCEPTED AFTER 30 DAYS.
- LIMITATIONS OF LIABILITY AND WARRANTY
For 1 year limited manufactures warranty on new or re-manufactured products following the date of shipment, 360Rize will repair or replace, at our option, without charge any product that we, in our sole discretion, find defective in workmanship or material, provided that, on our request, the product is returned to us, and provided that the product has been used only for the purposes intended and has not been modified. This warranty is void in the event of misuse, abuse, unconventional use, or exposure to corrosive or abrasive material or excessive heat. Products having electronic components is 60 days limited warranty is void in the event of misuse, abuse, unconventional use, or exposure to corrosive or abrasive material, water, sea water or excessive heat. THE FOREGOING IS THE EXCLUSIVE WARRANTY. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 360RIZE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY. 360RIZE WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER IN ITS USE, AND OUR LIABILITY, WHETHER ARISING THROUGH CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UNDER NO CIRCUMSTANCES WILL EXCEED THE CONTRACT PRICE FOR THE PRODUCT FOR WHICH LIABILITY IS CLAIMED.
- PROHIBITED CONTENT
You understand and agree that all information, data, and other material provided on the Site (“Content”) is the responsibility of the person or entity providing such Content. In the event that 360Heros permits you to upload, post, email or otherwise transmit information for display on the Site, you will be responsible for all Content that you upload, post, email or otherwise transmit. Likewise, you are responsible to respect third party rights with respect to all Content that appears on the Site and not to download, email or otherwise transmit such content in violation of such third party’s rights.
You agree not to post to the Site any Content that, as reasonably determined by 360Heros, is or appears to be the following: (1) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable; (2) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement; (3) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information; (4) unsolicited, undisclosed or unauthorized advertising; (5) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (6) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or (7) in violation of any applicable local, state, national or international law (including export laws).
- DISCLAIMER OF CONTENT
You understand and acknowledge that 360Heros assumes no responsibility to screen or review Content on the Site that is originated by parties other than 360Heros, and that 360Heros shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available on the Site. 360Heros expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
- OWNERSHIP OF CONTENT
You understand and agree that your use of the Site entitles 360Rize to use, monitor and preserve copies of all information and Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of 360Heros or any other person or entity.
- CONDUCT ON THE SITE
You must not do, or attempt to do, any of the following, as reasonably determined by 360Heros, subject to applicable law: (1) access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (2) access, tamper with, or use services or areas of the Site that you are not authorized to access; (3) alter information on or obtained from the Site; (4) tamper with postings, registration information, submissions or Content belonging to 360Heros or other users of the Site; (5) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (6) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by 360Heros; (7) impersonate or misrepresent your affiliation with any person or entity; (8) reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code on the Site; (9) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or (10) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
- NO RESALE
You agree to use the Site and the products sold thereon solely for your own personal purposes and not to use or exploit any portion of the Site or the products for commercial purposes, without the prior written consent of 360Heros.
- SUBMISSION OF FEEDBACK
When you submit ideas, suggestions, documents, or proposals (collectively, “Feedback”) to 360Heros through our “Contact Us” web page or otherwise, you represent, warrant and agree that: (a) your Feedback does not include confidential or proprietary information; (b) if we so choose, 360Heros may use and disclose your Feedback in any way; and (c) 360Heros has no obligation to pay or reimburse you for your Feedback or our use of your Feedback.
Our Site may contain links to third party websites. The linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the linked site or its use or contents. You use the links at your own risk. You hereby irrevocably waive any claim against us with respect to such sites.
You agree to indemnify and hold 360Heros and its affiliates, and their officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (“Indemnified Persons”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and expenses), made against 360Heros by any third party due to or arising out of or in connection with your Content, or your use of the Site or the products sold thereon, in violation of these Terms.
- TRADEMARK INFORMATION
360Heros is a trademark of 360Heros, Inc. Other product names, trademarks, service marks and other images on the Site are used with permission by 360Heros and its agents. You agree not to use or display any trademarks from the Site without the prior written consent of 360Heros or the owner of such mark.
- COPYRIGHT INFORMATION
The Content is owned by 360Heros and/or third parties and is protected under the United States copyright laws, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content, including but not limited to graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of 360Heros. Modifications of Content or use of Content for any other purpose is a violation of the rights of 360Heros or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of 360Heros or third parties.
- JURISDICTION AND VENUE
You agree that this Agreement and the relationship between you and 360Heros will be governed by the laws of the State of New York, without regard to the conflict of laws principles thereof, and that venue with respect to any dispute between you and 360Heros will rest exclusively in the courts of Erie County and the federal district court for the Western District of New York. You agree that the United Nations Convention on the International Sale of Goods will not apply to these Terms.
360Heros may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provide to 360Heros.
- ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- TERMINATION OF REGISTRATION
You acknowledge and agree that 360Heros may terminate your password and/or other access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if: (i) you do not use the Site for what 360Heros, in its sole discretion, deems to be an extended period of time; (ii) 360Heros believes that you have violated any of these Terms, and/or (iii) you have otherwise acted or failed to act in any manner that 360Heros deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of 360Heros to you or any third party in connection with such termination.
- INTERNATIONAL ORDERS
When ordering from 360Heros, you are responsible for assuring the product can be lawfully imported to the destination country.You are the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. We reserve the right to cancel any order for any reason, including without limitation customs duties or other impediments.
These Terms constitute the entire agreement between you and 360Heros and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. The failure of 360Heros to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or these Terms must be filed within one year after such claim or cause of action arose. Contact customer service for more information on returning an item.
Return Shipment Address
Att: Product Returns RMA# (Your Number)
2216 West State St
Olean, New York 14760DO NOT RETURN YOUR PACKAGE until you have received an RMA number. Include in your packaging your Contact Details, Order Number and RMA# so we can properly identify your return.
- Thank you.
360Rize/ 360Heros Inc
2216 West State Street
Olean, New York 14760