Terms & Conditions
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE.
WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF WE HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL REVISION AUTOMEDIA, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE, UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
(1) THE USE OR PERFORMANCE OF THIS WEBSITE;
(2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE;
(3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE;
(4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE;
(5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM 4OVER (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS;
(6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR
(7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
REVISION AUTOMEDIA, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO US (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.
UNDER NO CIRCUMSTANCES WILL BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of Arizona, without resort or giving effect to conflict of law provisions.
Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Phoenix, Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website.
The United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded, does not govern this Agreement.
You agree that you shall indemnify and defend and hold ReVision Automedia and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to:
(i) your breach of any provision of the Site Terms;
(ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from ReVision Automedia, that was not part of the standard Site Contents, infringes up the rights of a third party
(iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.