AZ Battery Store
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE
("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF
BY VISITING, BROWSING,
SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY
AZ Battery Store YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
About This Legal Contract
You agree to this User Agreement, and all of its terms and
conditions, by visiting, browsing, shopping, accessing or otherwise using the
Site. These terms and conditions are subject to change without prior notice at
any time, in AZ Battery Store's sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to the
Site, the Customer accepts that change. Customers should check this User
Agreement and the Privacy Pledge frequently
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and AZ Battery Store (References to "you"
or "your" shall relate to a customer of AZ Battery Store or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "AZ Battery Store" shall relate to AZ Battery Store and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by
AZ Battery Store from time to time, do not use this Site. The material provided
on this Site is protected by law, including, but not limited to, United States
copyright law and international treaties. This Site is controlled and operated
by AZ Battery Store from its offices within the United States. AZ Battery Store
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose to access this Site
from other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of AZ without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in MARICOPA County,
AZ to hear any such claims.
Interference and Linking
AZ Battery Store grants you a limited license to access and
make personal use of the Site and not to download (other than page caching) or
modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of AZ Battery Store.
following activity on the Site is expressly prohibited: Any non-personal or
commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by AZ Battery Store; collection or use of any product
listings, descriptions, or prices, from the Site for the benefit of another
merchant that supplies products competitive with or comparable to those offered
on the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use
terminates the license granted by AZ Battery Store.
You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the home
page of the Site so long as the link does not portray AZ Battery Store, its
affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any AZ Battery Store logo or other
proprietary graphic or trademark as part of the link without express written
AZ Battery Store does not review or control third-party sites that
link to or from the Site, and is not responsible for the contents of any
third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held
by AZ Battery Store or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of AZ Battery Store
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without AZ Battery Store 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. AZ Battery Store and
the Circle of Service logo are trademarks of AZ Battery Store Copyright © 2002
AZ Battery Store.
Microsoft and the Passport Logo
are either registered trademarks or trademarks of Microsoft Corporation in the
United States and/or other countries and are used under license from
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AZ Battery Store BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF AZ Battery Store OR A
AZ Battery Store AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with AZ Battery Store, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Goodyear, AZ. Each
party shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
Please review our Privacy Notice, which also governs your
visit to this Site.
You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. If you are under 18, you may use the Site only with a
parent or guardian. AZ Battery Store reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
AZ Battery Store
Any communication or
material you transmit to the Site by electronic mail or otherwise, including any
data, questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used
by AZ Battery Store for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore,
AZ Battery Store is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to AZ Battery Store or the Site for any
purpose whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
These Terms and Conditions
If you disagree
with any of the terms and conditions of this User Agreement, please do not
visit, browse, shop, access or otherwise use this Site.
AZ Battery Store Terms and Conditions of Sale
PLEASE READ THESE TERMS AND
CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO
BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE
CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH AZ Battery Store.
IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Information About This Legal Contract
Sale Agreement is a legal contract between the Customer and AZ Battery Store. The
Customer accepts this Sale Agreement by making a purchase, placing an order, or
otherwise shopping on the Site. (References to "you" or "your" shall relate to
the Customer; references to "AZ Battery Store" shall relate to AZ Battery Store
and its affiliates.) The terms and conditions of this Sale Agreement are subject
to change without prior notice, except that the terms and conditions posted on
the Site at the time the Customer initially places or modifies an order will
govern the order in question.
This Sale Agreement constitutes
the entire agreement between the Customer and AZ Battery Store relating to the
purchase or sale of goods or services on the Site. The Sale Agreement may only
be modified or terminated with regard to goods or services that have been
purchased or sold on the Site in a writing signed by AZ Battery Store. Electronic
records (including signatures), that are otherwise valid, shall be accepted
under the Sale Agreement. The Customer consents to receiving electronic records,
which may be provided via a web browser or e-mail application connected to the
Internet; consumers may withdraw consent to receiving electronic records or have
the record provided in non-electronic form by contacting AZ Battery Store at the
address provided below.
In the event of any conflict
between the terms and conditions stated on your purchase order and this Sale
Agreement or any terms and conditions on our invoice, you agree that the
provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF AZ, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL OR STATE COURTS LOCATED IN MARICOPA COUNTY, AZ FOR PURPOSES OF
ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE
Title; Risk of
Title to goods herein being purchased
is retained by the seller until goods are paid for by the purchaser and at that
time title passes to the purchaser. Loss or damage that occurs during shipping
by a carrier selected by AZ Battery Store is AZ Battery Store's responsibility.
Loss or damage that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the applicable
If goods herein being purchased are
being purchased for purposes of export, the Customer must obtain from the
federal government certain export documentation before shipping to a foreign
country. In addition, manufacturers' warranties for exported goods may vary or
even be null and void for goods exported outside the United States. The Customer
should inquire further regarding any questions. Any and all liability is only
for the products purchased.
AZ Battery Store HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER BY AZ Battery Store IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Internet connectivity requires
access services from an Internet access provider. Contact your local access
provider for rates, terms and conditions.
56K modems are capable of 56Kbps
downloads, however, current regulations limit download speed to 53Kbps.
and Y2K Disclaimer
All products sold by
AZ Battery Store are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, AZ Battery Store makes no representation or warranty
with respect to the Y2K compliance of products sold.
All pricing subject to change. For all prices, products and
offers, AZ Battery Store reserves the right to make adjustments due to changing
market conditions, product discontinuation, manufacturer price changes, errors
in advertisements and other extenuating circumstances. High volume bids are
While AZ Battery Store uses reasonable efforts to include accurate
and up-to-date information on the Site, AZ Battery Store makes no warranties or
representations as to the Site's accuracy. AZ Battery Store assumes no liability
or responsibility for any errors or omissions in the content on the Site.
AZ Battery Store WILL NOT BE
LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN. AZ Battery Store WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES
THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
AZ Battery Store IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), AZ Battery Store's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Goodyear, AZ. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
Terms; Interest; Taxes
Orders are not
binding upon AZ Battery Store until accepted by AZ Battery Store. Terms of payment
are within AZ Battery Store's sole discretion. Invoices are due and payable
within the time period noted on the invoice, measured from the date of the
invoice. AZ Battery Store may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes associated with the
Shipping and handling charges on all
orders vary. Shipping fees are calculated by the "ship to" address provided on
the Customer's order. Any additional fees incurred by AZ Battery
Store due to an address correction, etc... will be charged to the Customer
You may return items 30 days of delivery for a credit/refund. For
orders that shipped free, the actual shipping charge will be deducted from your
refund. You will be be responsible for the original shipping costs unless the
return is a result of our error. The customer is responsible for the
shipping charges for any returned items. All returned products must be in
new condition with original packaging. All return orders are subject to a
15% restocking fee. A partial refund will be issued for any item that is
not in its original condition, is damaged, missing parts or if you do not follow
our return instructions.
All returns must be approved by
AZBatteryStore.com. If you need to return an item, please contact us for
an RMA. No refunds will be issued for any orders received without the RMA
Credit card charges are
processed when the order is shipped.