ONLINE Terms and Conditions
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. BY USING OR PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU (i) ARE OF LEGAL AGE; (ii) ACCEPT TO BOUND BY THESE TERMS AND CONDITIONS (YOU MAY NOT USE, ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS, ARE NOT OF LEGAL AGE, OR ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW); AND (iii) BUY OUR PRODUCTS FOR YOUR OWN PERSONAL OR HOUSEHOLD USE (AND NOT FOR RESALE OR EXPORT). ALL PURCHASES MUST BE DELIVERED TO LOCATIONS WITHIN THE US.
ABOUT THESE TERMS AND CONDITIONS
These terms and conditions ("Terms") apply to the use of and the purchase and sale of products through www.shiftmx.com ("Site"). These Terms are subject to change by Fox Head, Inc. ("us", "we", or "our" as the context may require) without prior written notice, in our sole discretion. Any changes to the Terms will be effective immediately. Please review these Terms prior to purchasing any products that are available through this Site. Your use of this Site will constitute your acceptance of such changes.
USE OF THIS SITE
Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including US or employees, host, or representatives as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. You grant us a free license regarding any consumer-generated content that you use, display, or reproduce on this Site so that we can do or act in accordance with that set forth in these Terms.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES AND RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, REPRESENTATIVES, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ALL ACTIONS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF THIS SITE IN VIOLATION OF THESE TERMS.
ORDER ACCEPTANCE AND CANCELLATIO
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
PRICES AND PAYMENT TERMS
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We reserve the right to correct any errors, inaccuracies, or omissions related to the pricing and availability of products and to cancel any orders arising from such occurrences (if your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price). Payment terms are within our sole discretion. Payment must be received by us before our acceptance of an order. We accept major credit cards. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
SHIPMENTS, DELIVERY, TITLE, AND RISK OF LOSS
We will arrange for shipment of the products to you. Please check the specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Title (i.e., ownership) and risk of loss pass to you upon our transfer of the products to the carrier.
RETURNS AND REFUNDS
Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided such products are returned in their original condition. You are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment; thus, we recommend that you insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery. Returns may be subject to a restocking fee and are processed within thirty (30) days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. For defective product returns, please refer to the manufacturer's warranty included with the product or as detailed on this Site. Please visit https://www.shiftmx.com/Returns.html for additional information.
To the maximum extent permitted by law (i) except as otherwise set forth on this site (https://www.shiftmx.com/returns.html) or in the manufacturer's warranty included with the products, our products are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise (some jurisdictions limit or do not allow the disclaimer of implied or other warranties so this disclaimer may not apply to you); and (ii) in no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with these terms or our products, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Our sole and entire maximum liability and your sole and exclusive remedy shall be limited to the actual amount paid by you for the products you have ordered through our site. This limitation of liability shall not apply to liability resulting from our gross negligence or willful misconduct, death or bodily injury resulting from our acts or omissions. In addition, please note that we do not represent or warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. In addition, we do not and cannot review all communications and materials posted to or created by users like you accessing this Site and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any such contents or activities on the Site. We reserve the right to block or remove communications or materials that we determine to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, offensive or otherwise unacceptable to us. Finally, we assume no responsibility or liability for third-party links and corresponding websites provided on this Site.
The content of this Site is copyrighted and either it is our property, or we have the right to use it on this Site. All rights are reserved. Other than for placing an order, the use thereof (including but not limited to the reproduction, distribution, display or transmission of the content of this Site) is strictly prohibited, and you cannot change or delete any proprietary notices thereon. All trademarks, service marks, trade names, and logos used or displayed on this Site are proprietary of us or we use them with the consent of their rightful owners (for more information, please visit https://www.shiftmx.com/trademark-attribution-statement.html).
We are committed to improving the accessibility of our Site and electronic communications. Working with a retained accessibility consultant, we strive for the highest level of accessibility for people with disabilities in line with the Section 508 Web Accessibility Standards developed by the United States Access Board, and the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines 2.0. With our consultant’s assistance, we will test our materials with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. These processes will promote accessibility for everyone, regardless of disability or device used to access information on our websites and electronic communications. Some of the steps we are (or will be taking) to ensure the accessibility of our online materials are: All images will contain appropriate alternative text; form elements will be properly labeled; data tables will contain headers where appropriate; headings will be used throughout the Site; multimedia (video or audio clips) will be captioned and/or described; all areas of the Site will be operable without the use of a mouse; foreground/background color schemes will provide adequate contrast; information will not be conveyed through the use of color alone; links will be worded to make sense when read out of context; a method will be provided to bypass repetitive navigational links; text will be resizable in all browsers; etc. Please be aware that our efforts are ongoing and so there may be areas of our Site that are less accessible than others during a given time.
To provide increased value to our visitors, we may choose various third-party web sites to link to from our Site. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. Therefore, we assume no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of our Site and the links placed upon it and therefore welcome any feedback on not only our Site, but for sites it links to as well (including if a specific link does not work).
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemics and similar events, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND DISPUTE RESOLUTION BY ARBITRATION
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California, without regard to its conflict of law principles. Any dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products through this Site, will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section (the AAA Rules are available at www.adr.org/consumer or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. You agree to an arbitration on an individual basis and will not be entitled to join or consolidate claims or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
READ CAREFULLY: YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you (no third-party beneficiaries). You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the waiving party. If any provision of these Terms is invalid, illegal void or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. These Terms (including any other terms referred to in these Terms) will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
We may provide notice to you by (i) sending a message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice you can contact us by (i) e-mail (firstname.lastname@example.org); (ii) phone ((888) 369-7223); or (iii) letter (16752 Armstrong Ave., Irvine, CA 92606 USA). We may update our information for notices by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail transmission will be effective upon confirmation by us to you that your e-mail has been safely received by us. Notices provided by overnight courier will be effective three (3) business day after they are sent. Notices provided by registered or certified mail will be effective five (5) business days after they are sent.
WE SINCERELY APPRECIATE YOUR BUSINESS AND HOPE YOU COME BACK