Terms and Conditions
Introduction:
This Web Site, tecHarmonics.com (the "Web Site"), is intended to provide information and products for individuals looking for tecHarmonics products. This Web Site is provided to you, and if you are a minor, also to your parents or legal guardians (collectively, "you" or "your"), under these "Terms of Use" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be posted by tecHarmonics ("tecHarmonics," "we," "us") from time to time. Your use of this Web Site, informational materials or any other services provided through the Web site, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you do not use the Web Site or order any items from it.
We will use the information you provide to process and ship your orders (including disclosing your name and address to fulfillment houses and delivery services such as UPS or USPS); to contact you about the status of your orders; create an account for later use so that you do not need to re-enter the information for each subsequent order; and as otherwise indicated by our site's Privacy Policy.
Contact Information:
If you have any questions or concerns with respect to this Agreement or the Web Site, you may contact a representative at tecHarmonics.com.
Web site Intended Audience:
The Web Site is intended for and directed to adults in the United States only. The Web Site is not intended for any children under the age of 13.
Modification or Suspension of the Web site:
You agree that tecHarmonics may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that tecHarmonics will not be liable for the consequences of doing so.
Ownership:
The Web Site is owned by tecHarmonics. All right, title, and interest to the content displayed on the Web site (excluding User Content, as defined below), including but not limited to the Web site's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of tecHarmonics or its partners, agents or third parties.
Protection of Intellectual Property Rights and License:
You acknowledge that content available through the Web Site, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by tecHarmonics herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including without limitation, any software) available through the Web Site. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print content retrieved from the Web Site for the sole purpose of placing an order via the Web Site or using the Web Site as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Web Site in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of tecHarmonics. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of tecHarmonics. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of tecHarmonics’ Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Compliance With Laws:
You agree to comply with all applicable local laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Links to Other Sites:
The Web Site may provide links to other sites and/or resources, including advertisers, over which tecHarmonics has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by tecHarmonics of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. tecHarmonics makes no representations or warranties with respect to the content, ownership, or legality of any such linked Web sites. You agree that tecHarmonics has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources. Once you leave this Web Site via a link to another Web Site, you will be subject to the Privacy Policy and the Terms of Use of such other Web Site.
Information Disclaimer:
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEB SITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE.
TECHARMONICS AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE TECHARMONICS STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, TECHARMONICS CANNOT GUARANTEE, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEB SITE.
TESTIMONIALS APPEARING ON THIS SITE REFLECT REAL LIFE EXPERIENCES OF THOSE WHO HAVE USED OUR PRODUCTS. HOWEVER, THEY ARE INDIVIDUAL RESULTS AND RESULTS DO VARY. WE DO NOT CLAIM THAT THEY ARE TYPICAL RESULTS. THE TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF ALL OF THOSE WHO WILL USE OUR PRODUCTS. ADDITIONALLY, THESE TESTIMONIALS ARE NOT INTENDED TO MAKE CLAIMS THAT THESE PRODUCTS CAN BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.
Disclaimer of Warranties With Respect to Use of Web Site:
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TECHARMONICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TECHARMONICS DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TECHARMONICS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECHARMONICS OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Privacy:
The information that we obtain through your use of the Web Site, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Web Site or post or order any items from it.
Purchasing Items on tecHarmonics:
tecHarmonics attempts to describe the items available on the Web site as accurately as possible, and depict the most up-to-date product packaging available. No refunds are offered on any of our individual CDs. Returns will be accepted ONLY for defective products up to three weeks beyond the date on the receipt received with your order. If you find an item is defective, please send it back to us noting the nature of the defect.
Order Acceptance and Shipment:
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. The Web Site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web Site.
Pricing Errors and Omissions:
Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Web Site and when errors are discovered, we will correct them. Be advised that tecHarmonics reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been canceled.
Risk of Loss:
All product purchased from the Web Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Return Policy: You may return items to the Web site in accordance with our Returns Policy as listed in the Web site under Customer Service. (we need a return policy)
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TECHARMONICS, ITS SUPPLIERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES.
Indemnification:
You agree to indemnify and hold harmless tecHarmonics, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; information you submit or transmit through the Web Site; your breach of this Agreement; and your connection to the Web Site.
Termination:
You agree that tecHarmonics may, in its sole discretion, and at any time, terminate your use of the Web Site, without prior notice to you, for any reason that tecHarmonics, in its sole discretion, deems appropriate. You further agree that tecHarmonics will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement:
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitations of Actions Brought Against tecHarmonics:
You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Applicable Law:
The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of law. Any legal action or proceeding between tecHarmonics and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Modifications to the Agreement:
tecHarmonics may make changes to the Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. The "Last Modified" date at the top of these Terms of Use. will indicate when the latest changes were made. Your continued use of the Web site, including but not limited to the tecHarmonics Store, following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site, you should check to see if a new version of the Agreement has been posted.
Electronic Communications:
The information communicated on the Web Site constitutes an electronic communication. When you communicate with us through the Web Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Trademark Notices:
You may not use or display any trademarks or service marks owned by tecHarmonics without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Web Site without the permission of their owners.
This Web Site, tecHarmonics.com (the "Web Site"), is intended to provide information and products for individuals looking for tecHarmonics products. This Web Site is provided to you, and if you are a minor, also to your parents or legal guardians (collectively, "you" or "your"), under these "Terms of Use" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be posted by tecHarmonics ("tecHarmonics," "we," "us") from time to time. Your use of this Web Site, informational materials or any other services provided through the Web site, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you do not use the Web Site or order any items from it.
We will use the information you provide to process and ship your orders (including disclosing your name and address to fulfillment houses and delivery services such as UPS or USPS); to contact you about the status of your orders; create an account for later use so that you do not need to re-enter the information for each subsequent order; and as otherwise indicated by our site's Privacy Policy.
Contact Information:
If you have any questions or concerns with respect to this Agreement or the Web Site, you may contact a representative at tecHarmonics.com.
Web site Intended Audience:
The Web Site is intended for and directed to adults in the United States only. The Web Site is not intended for any children under the age of 13.
Modification or Suspension of the Web site:
You agree that tecHarmonics may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that tecHarmonics will not be liable for the consequences of doing so.
Ownership:
The Web Site is owned by tecHarmonics. All right, title, and interest to the content displayed on the Web site (excluding User Content, as defined below), including but not limited to the Web site's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of tecHarmonics or its partners, agents or third parties.
Protection of Intellectual Property Rights and License:
You acknowledge that content available through the Web Site, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by tecHarmonics herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including without limitation, any software) available through the Web Site. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print content retrieved from the Web Site for the sole purpose of placing an order via the Web Site or using the Web Site as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Web Site in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of tecHarmonics. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of tecHarmonics. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of tecHarmonics’ Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Compliance With Laws:
You agree to comply with all applicable local laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Links to Other Sites:
The Web Site may provide links to other sites and/or resources, including advertisers, over which tecHarmonics has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by tecHarmonics of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. tecHarmonics makes no representations or warranties with respect to the content, ownership, or legality of any such linked Web sites. You agree that tecHarmonics has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources. Once you leave this Web Site via a link to another Web Site, you will be subject to the Privacy Policy and the Terms of Use of such other Web Site.
Information Disclaimer:
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEB SITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE.
TECHARMONICS AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE TECHARMONICS STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, TECHARMONICS CANNOT GUARANTEE, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEB SITE.
TESTIMONIALS APPEARING ON THIS SITE REFLECT REAL LIFE EXPERIENCES OF THOSE WHO HAVE USED OUR PRODUCTS. HOWEVER, THEY ARE INDIVIDUAL RESULTS AND RESULTS DO VARY. WE DO NOT CLAIM THAT THEY ARE TYPICAL RESULTS. THE TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF ALL OF THOSE WHO WILL USE OUR PRODUCTS. ADDITIONALLY, THESE TESTIMONIALS ARE NOT INTENDED TO MAKE CLAIMS THAT THESE PRODUCTS CAN BE USED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.
Disclaimer of Warranties With Respect to Use of Web Site:
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TECHARMONICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TECHARMONICS DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TECHARMONICS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECHARMONICS OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Privacy:
The information that we obtain through your use of the Web Site, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Web Site or post or order any items from it.
Purchasing Items on tecHarmonics:
tecHarmonics attempts to describe the items available on the Web site as accurately as possible, and depict the most up-to-date product packaging available. No refunds are offered on any of our individual CDs. Returns will be accepted ONLY for defective products up to three weeks beyond the date on the receipt received with your order. If you find an item is defective, please send it back to us noting the nature of the defect.
Order Acceptance and Shipment:
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. The Web Site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web Site.
Pricing Errors and Omissions:
Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Web Site and when errors are discovered, we will correct them. Be advised that tecHarmonics reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been canceled.
Risk of Loss:
All product purchased from the Web Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Return Policy: You may return items to the Web site in accordance with our Returns Policy as listed in the Web site under Customer Service. (we need a return policy)
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TECHARMONICS, ITS SUPPLIERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES.
Indemnification:
You agree to indemnify and hold harmless tecHarmonics, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; information you submit or transmit through the Web Site; your breach of this Agreement; and your connection to the Web Site.
Termination:
You agree that tecHarmonics may, in its sole discretion, and at any time, terminate your use of the Web Site, without prior notice to you, for any reason that tecHarmonics, in its sole discretion, deems appropriate. You further agree that tecHarmonics will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement:
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitations of Actions Brought Against tecHarmonics:
You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Applicable Law:
The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of law. Any legal action or proceeding between tecHarmonics and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Modifications to the Agreement:
tecHarmonics may make changes to the Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. The "Last Modified" date at the top of these Terms of Use. will indicate when the latest changes were made. Your continued use of the Web site, including but not limited to the tecHarmonics Store, following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site, you should check to see if a new version of the Agreement has been posted.
Electronic Communications:
The information communicated on the Web Site constitutes an electronic communication. When you communicate with us through the Web Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Trademark Notices:
You may not use or display any trademarks or service marks owned by tecHarmonics without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Web Site without the permission of their owners.