SEIRUS INNOVATIVE ACCESSORIES, INC.

Welcome to Seirus.com (the "Site"). Seirus Innovative Accessories, Inc. ( "Seirus, "we", or "us"") provide it’s services to you subject to the following terms & conditions ("Terms and Conditions" or "Agreement"). Please read the following Terms and Conditions carefully before using this Site. If you do not agree to these Terms and Conditions, please do not use this Site. By using or accessing the Site or services, you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions.

 

  1. ELECTRONIC COMMUNICATIONS

When you visit Seirus.com 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.

 

  2. CHILDREN UNDER THE AGE OF 18

Seirus does not sell products to children, but it sells them to adults, who can purchase products with a credit card. If you are under 18, you may shop at Seirus.com only with involvement of a parent or guardian. Seirus and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.

 

  3. COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Seirus or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Seirus and protected by U.S. and international copyright laws. All software used on this Site is the property of Seirus or its software suppliers and protected by United States and international copyright laws. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Seirus. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Seirus and our affiliates without express written consent. You may not use any meta tags or any other "hiddentext" utilizing Seirus’ name or trademarks without the express written consent of Seirus.

 

  4. TRADEMARKS

SEIRUS and certain other Seirus trademarks displayed on this Site are trademarks or registered trademarks of Seirus in the United States and internationally. Seirus graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Seirus. Seirus’ trademarks and trade dress may not be used in connection with any product or service that is not Seirus’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Seirus. All other trademarks not owned by Seirus that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seirus.

  5. THE DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it be blocked. The notice must include the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site;
(d) The name, address, telephone number and email address (if available) of the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to legal@seirus.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer.

 

  6. Establishing an Account 

 

You may only establish an account if you are 18 years of age or over. In order to purchase products and/or services from the Website and in order to access and use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

 

  7. Availability of Products, Services, Features and Content 

 

All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. Also, Seirus does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Seirus is not as described, your sole remedy is to return it in a new, unused condition. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law. 

 

 

  8. THIRD PARTY LINKS

Seirus may link to third-party sites. Seirus has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.

  9. RISK OF LOSS

All items purchased from Seirus are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

  10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY SEIRUS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEIRUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SEIRUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEIRUS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SEIRUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SEIRUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Seirus, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms & Conditions, any law or the rights of any third party.

  12. WORLD-WIDE APPLICATION AND LAWS

 

This site is presented by Seirus from within the United States, and Seirus makes no representation that the materials in the Site are appropriate or available for use in locations outside the United States. You are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use this Site.

 

  13. APPLICABLE LAW

By visiting Seirus.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Seirus. Any claim or dispute arising out of or relating to these Terms & Conditions, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of the state or federal courts in San Diego, California, and you hereby consent and submit to the personal jurisdiction of such courts. 

 

  14. SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our Site, policies, and these Terms & Conditions at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

 

Updated March 20, 2015