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The following are the terms and conditions for the use of the ACVARK FIRE EQUIPMENT.
GENERAL
1.1. These Terms of Services (“Agreement”) are entered into by and between you, the customer, either personally or on behalf of your employer, as applicable (“you” or “your”) and acvarkfireequipment.com. (“ACVARK FIRE EQUIPMENT”). You are deemed to have accepted the terms of this Agreement by clicking the “Accept Button” and completing the registration process. This Agreement is made up of the terms below, plus any other policies and materials specifically referred hereto in this Agreement. The following sets forth the terms and conditions under which you agree to use the Services, and under which ACVARK FIRE EQUIPMENT agrees to provide service, including all technical support and other “Services” provided to you.
USER RESPONSIBILITIES
2.1. You represent that: (a) you are 18 years of age or older and you have the legal capacity and authority to bind yourself (or your employer, as applicable) to this Agreement; (b) you consent on behalf of yourself (or as an authorized representative of your employer, as applicable) to be bound by this Agreement; and (c) the information you supply to us is correct and complete. You agree to notify ACVARK FIRE EQUIPMENT promptly whenever your personal or billing information changes and that providing false or incorrect information may result in Services withholding or delays or the suspension or termination of your customer account.
DISCLAIMERS AND LIMITATION OF LIABILITY
3.1. ACVARK FIRE EQUIPMENT does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the service or the server(s) that makes them available are free of viruses or any other harmful components. ACVARK FIRE EQUIPMENT does not represent that the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely or otherwise reliable.
3.2. ACVARK FIRE EQUIPMENT is not responsible or liable for conduct of any other party or any infringement of another’s rights including intellectual property rights.
3.3. ACVARK FIRE EQUIPMENT and its respective third party suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the Services for any purpose. You agree that the Services are provided as is without warranty of any kind. ACVARK FIRE EQUIPMENT and its representative suppliers hereby disclaim all warranties and conditions with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, compatibility of computer systems, title, non-infringement, or arising out of any statutes.
3.4. ACVARK FIRE EQUIPMENT reserves the right to update and change, from time to time, this Agreement, and post the new version of this Agreement on it’s website at www. acvarkfireequipment.com, without notice to you. Any request for the services(s) after a new version of this Agreement has been posted will be deemed as your acceptance of the changes to this Agreement.
3.5. In no event will ACVARK FIRE EQUIPMENT or it’s third party suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or any way connected with: the use or performance of the Services; the delay or the inability to use the Services; any information, software products, services or related graphics obtained through the Services; whether based on contract, tort, negligence, strict liability or otherwise, even if ACVARK FIRE EQUIPMENT or any of it’s third party suppliers have been advised of the possibility of damages. If you are dissatisfied with any portion of the Services or any of these terms of use your sole and exclusive remedy is to discontinue using the Services.
INDEMNIFICATION
4.1. You agree to defend, indemnify and hold harmless ACVARK FIRE EQUIPMENT, its parents, subsidiaries, affiliates, and their respective officers and employees, harmless from and against any claim, demand or damage including lawyer’s fees asserted by any third party due to or arising out of:
(a) any violation of applicable laws, regulations or this Agreement by you or anyone accessing the Services through your customer account, with or without your permission;
(b) the use of the Services by you or anyone accessing the Services through your customer account, with or without your permission;
(c) any negligent acts, errors or omissions by you or anyone accessing the Services through your customer account, with or without your permission;
(d) any injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with the Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of ACVARK FIRE EQUIPMENT; or
(e) any and all claims for infringement of any intellectual property rights arising from the use of the Services by you or anyone accessing the Services through your customer account, with or without your permission.
PAYMENT
5.1. Fees and charges for the services(s) you select are supplied to you during the ordering process and are available on the ACVARK FIRE EQUIPMENT website at www. acvarkfireequipment.com, unless otherwise provided for in this Agreement. You agree to pay any applicable charges or fees applied to your customer account and the services(s) including, without limitation, activation fees, minimum service fees, termination fees, other nonrecurring charges and set-up fees, interest, and charges due to insufficient credit or insufficient funds. ACVARK FIRE EQUIPMENT will bill you directly or charge your credit card.
5.2. Payment for all Services must be by Key Card, credit or debit card. We accept payment with Key Card, Visa and Mastercard. Only the last 4-digits of the card number will be stored. We reserve the right to change the payment methods we accept at any time.
5.3. Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation. Please retain a copy of your receipt that shows each transaction processed.
TERMINATION AND REFUND
6.1. ACVARK FIRE EQUIPMENT may terminate your access to any part or all of the Services and any related services at any time without or with cause, with or without notice, effective immediately for any reason whatsoever. Upon termination of the Services, your right to use the Services ceases immediately.
6.2. If you wish to terminate your customer account your only recourse is to discontinue the use of the Services. ACVARK FIRE EQUIPMENT will have no obligation to maintain any content in your customer account.
Returns Policy
You may return most new, unopened items within 30 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.
GENERAL PROVISIONS
7.1. ACVARK FIRE EQUIPMENT failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance will not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
8.4. You and ACVARK FIRE EQUIPMENT agree that this Agreement will be construed in accordance with the laws of Jamaica WI applicable therein. The parties to this Agreement attorn to the exclusive jurisdiction of the courts of Jamaica WI and all courts competent to hear appeals there from.
Support
Shipping Policy
We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.
Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
For back ordered items in any order, it will be automatically fulfilled as soon as we receive the item for the order placed. You will be notified if such a situation occurs.
Security
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