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1. THIS POLICY CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE WAIVER OF AND JURY TRIAL AND THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT (1) YOU ARE AT LEAST 18 YEARS OF AGE; (2) YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS; AND (4) YOU HAVE THE LEGAL AUTHORITY TO (A) BIND THE ORGANIZATION OR COMPANY ON WHOSE BEHALF YOU PLACED AN ORDER TO THESE TERMS AND (B) COMPLETE THE ORDER.
YOU MAY NOT ORDER NOR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO FORM A BINDING CONTRACT WITH US, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy from a third-party provider all products and services listed in your order. Third party providers offering goods and services on the Site are referred to as “Sellers”. All orders must be accepted by the Seller. We have no control over the acceptance or rejection of any order as our role is a facilitator of transactions between parties. When accepted, we will send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. Prices are set by the Seller. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Sellers are required to honor the prices and terms posted on the Site but we cannot guaranty compliance. All disputes between you and a Seller regarding price and terms are between you and the Seller.
(b) Terms of payment are within our sole discretion and payment must be received by us before completion of an order. We accept payment methods listed on the Site. You represent and warrant that for any payment method used, (i) the information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) for credit card payments, 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.
4. Shipments and Delivery
Unless otherwise agreed to in writing, all shipping related matters will be arranged between you and the Sellers. Please check the individual product page for specific delivery options and costs to you. We are not responsible for delays or any other matter related to shipments.
5. Returns and Refunds.
WE WILL NOT ACCEPT A RETURN OF ANY PRODUCTS AND WILL ISSUE NO REFUNDS. To return products, you must follow the return instructions on the applicable product or service web page. All post sale matters should be addressed directly with the Seller from whom the product purchased.
6. Manufacturer's Warranty and Disclaimers
(a) We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer, although for some services, affiliated companies may be used. We do not provide any warranties with respect to the products or services offered on our Site even if the services are performed by an affiliated company. However, the products and services offered on our Site may be covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product or a separate service provider’s warranty. To obtain warranty service for defective products or services, please follow the instructions included in the manufacturer's warranty or provided to you by the service provider.
(b) ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”, 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.
(c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
(d) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. Limitation of Liability
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF, OR IN ANY WAY RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, 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.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
(c) YOU FURTHER AGREE THAT BUT FOR YOUR ACCEPTANCE OF THE DISCLAIMERS AND LIMITATIONS DESCRIBED IN SECTION 6 AND SECTION 7, WE WOULD NOT HAVE ACCEPTED YOUR OFFER TO PURCHASE FROM THE SITE.
8. Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States of America.
9. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. Please click this link to review our Privacy Policy.
10. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party to this Agreement, when and to the extent such party’s (the “Impacted Party”) failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, epidemic or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, protests, riot or other civil unrest; (d) governmental or judicial order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency, pandemic or epidemic; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party.
The Impacted Party shall give notice within ten (10) days (or an amount of time reasonable under the circumstances) of the Force Majeure Event to the other party, stating the expected duration of the occurrence. The Impacted Party shall use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are mitigated. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) days following written notice given by it under this Section, either party may terminate this Agreement upon ten (10) days’ written notice.
11. Governing Law and Venue
All claims, disputes, controversies, demands, interpretations or other matters related to these Terms (collectively “Disputes”) are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule, or any substantive law that would result in the application of any law other than the State of Texas. The exclusive venue for all Disputes shall be in Houston, Texas.
12. Waiver of Jury Trials and Binding Arbitration
(a) YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
EXCEPT FOR ANY DISPUTE RELATED TO YOUR FAILURE TO PAY UNDER THESE TERMS, ALL OTHER DISPUTES (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 OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. DISPUTES RELATED TO YOUR FAILURE TO PAY SHALL BE BROUGHT EXCLUSIVELY IN STATE OR FEDERAL COURTS LOCATED IN HOUSTON, TEXAS. YOU HEREBY WAIVE ANY CHALLENGE TO BOTH JURISDICTION AND VENUE IN STATE OR FEDERAL COURTS IN HOUSTON, TEXAS.
(b) The arbitration will be held in Houston, Texas before a single arbitrator, administered by the Houston, Texas office of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”) including, if appropriate, the Procedures for Large, Complex Commercial Disputes, the International Commercial Arbitration Supplementary Procedures and the Supplementary Rules for Class Arbitrations.
The arbitrator will have exclusive authority to resolve any disagreement 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.
Except for the exchange of relevant, material and non-privileged documents between the parties, there shall be no interrogatories, depositions or other discovery in any arbitration hereunder.
The statute of limitations to file any Dispute shall be 6 months from the date the facts, events, transactions or occurrence giving rise to the Dispute occurred. If not brought within 6 months after the event or occurrence giving rise to the Dispute, the Dispute shall be permanently barred.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment
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 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers
The failure by us 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 our duly authorized representative.
15. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
16. Notices
(a) To You. We may provide any notice to you under these Terms 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.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to eINDUSTRIFY at 11111 Katy Fwy., Suite 910, Houston, Texas 77079. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective upon receipt. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement
Our order confirmation email, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters related to these Terms and your use of the Site.
1. Acceptance of Terms of Use
These Terms of Use govern your use of www.eindustrify.com ("Site") and establish an agreement ("Terms of Use") between you and eINDUSTRIFY ("Company," "we," or "us"). By accessing or using the Site, you accept and agree to abide by these Terms of Use and our Privacy Policy (found at www.eindustrify.com), which is incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, please refrain from using the Site.
2. Eligibility
You must be at least 18 years old, have the legal capacity to form a binding contract, and use the Site for business or commercial purposes (not personal use) to access and use the Site. By using the Site, you represent and warrant that you meet these requirements.
3. Site Purpose
The Site serves primarily as a platform for the exchange of commercial goods and services ("Purpose"). Any information from the Site must be used solely for commercial business and non-personal reasons.
4. Changes to Terms of Use
We reserve the right to modify these Terms of Use at our discretion. All changes are effective immediately upon posting on the Site, except for changes to dispute resolution provisions, which apply only to disputes with notice on or before the posting date. Continued use of the Site signifies acceptance of these changes, so check this page regularly.
5. Access and Security
We may alter or suspend the Site, in whole or part, without notice, and we are not liable for any unavailability. You are responsible for:
6. Intellectual Property Rights
All Site content, including text, images, software, and more, is owned by the Company or its licensors and protected by copyright and other intellectual property laws. You may use the Site for its Purpose but not for Prohibited Use (see below). You must not reproduce, modify, publicly display, or use the material for any other purpose, except as permitted by these Terms of Use.
7. Prohibited Uses
8. Trademarks
Company trademarks, logos, and related names are owned by the Company or its affiliates and may not be used without prior written permission. Other trademarks belong to their respective owners.
9. Copyright Infringement
We respond to copyright infringement claims in accordance with applicable law. Please refer to our Copyright Policy for details on reporting copyright violations.
10. User Contributions
The Site may allow users to post content ("User Contributions"). These must adhere to Content Standards. By posting User Contributions, you grant us the right to use, reproduce, and disclose them.
You represent and warrant that you own or control the rights to User Contributions and that they comply with these Terms of Use.
We are not responsible for User Contributions' content or accuracy and may remove or take action against them, as we deem fit.
11. Monitoring and Enforcement; Termination
We have the right to:
12. Content Standards
User Contributions must comply with applicable laws and regulations. They must not:
13. Reliance on Information Posted
The Site provides information for general purposes, and we do not guarantee its accuracy, completeness, or usefulness. You use this information at your own risk, and we disclaim all liability related to it.
The Site may include third-party content. Opinions expressed in these materials are solely the opinions of the providers and do not necessarily reflect the Company's views. We are not responsible for third-party content accuracy.
14. Changes to the Site
We may update Site content, but it may not always be up-to-date or complete. We have no obligation to update material on the Site.
15. Linking to the Site
You may link to our homepage fairly and legally, but not in a way that implies endorsement. You may use social media features provided by us but not in ways inconsistent with these Terms of Use.
16. Links from the Site
The Site may link to third-party sites. We do not control these sites and are not responsible for their content or consequences.
17. Geographic Restrictions
The Site is based in Texas, United States, and may not be accessible or appropriate in certain locations. Use outside the United States is at your own risk and subject to local laws.
18. Disclaimer of Warranties
The Site, content, and services are provided "as is" and "as available" without warranties. We do not guarantee accuracy, security, reliability, or quality. We do not warrant that the Site will be error-free or uninterrupted.
19. Limitation on Liability
To the extent permitted by law, we are not liable for any damages, including direct, indirect, special, consequential, or punitive damages, arising from Site use or unavailability. The total liability of the Company and its affiliates is limited to the amount paid for products or services from the Site, if any.
20. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, costs, or expenses arising from your violation of these Terms of Use or Site use.
21. Governing Law and Arbitration
Texas law governs these Terms of Use. Any disputes will be resolved through arbitration under the American Arbitration Association's rules, applying Texas law.
22. Limitation on Time to File Claims
Claims arising from these Terms of Use must be filed within six (6) months or are permanently barred.
23. Waiver and Severability
Our failure to enforce any term does not waive our rights. If any provision is deemed unenforceable, the remaining terms remain in effect.
24. Entire Agreement
These Terms of Use, The Terms and Conditions for the Online Sale of Goods and Services, the Privacy Policy, including any appended materials or supplementary additions, along with all associated documents, collectively constitute the exclusive and comprehensive agreement governing the relationship between you and eINDUSTRIFY pertaining to the Site. This agreement supersedes any previous and concurrent understandings, contracts, representations, and warranties, whether written or verbal, concerning the Site.
25. Contact Information for Your Queries
eINDUSTRIFY operates this Site at 11111 Katy Freeway, Suite 910, Houston, TX 77079.
For all notifications regarding claims of copyright infringement, please direct them to the designated copyright agent outlined in our Copyright Policy to these Terms of Use. Any other feedback, comments, requests for technical assistance, or other communications related to the Site should be addressed to info@eindustrify.com
