Terms and Conditions
Last Updated September 1, 2023
Thank you for visiting our website! This website is operated by Beetronics Inc. Throughout the website, the terms “we,” “us” and “our” refer to Beetronics Inc. All categories of users are referred to as “you,” “your,” the “user” or the “user’s.” Beetronics Inc. offers this website to our users, including all information, tools and services available from or through this website, and all of our tools, services, products, applications and channels which you may from time to time encounter elsewhere (collectively the “Site”), conditioned upon your acceptance of all terms, conditions, policies and notices stated herein or otherwise communicated by us (collectively the “Terms and Conditions,” “Terms of Service,” and/or the “Terms”).
By visiting our Site, accepting a quote from the website, by e-mail or by phone, and/or otherwise by purchasing something from us, you engage in our “Services” and agree to be bound by all of our Terms, including those terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are customers, vendors, merchants, contributors of content, browsers, and/or visitors.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to each and all the Terms, then you may not access the Site and you may not use any of our Services. If these Terms are considered an offer, then acceptance is expressly limited to these Terms.
Any new features or tools which are added to Beetronics’ current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to or through our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of legal residence, or, that you are the age of majority in your state or province of legal residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our Site or Services for any illegal or unauthorized purpose nor may you, in accessing or using the Site or Services, violate the laws of any jurisdiction (including but not limited to copyright and other intellectual property laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services to you, in addition to all other legal rights and remedies which remain reserved.SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
From time to time, you may submit certain information about yourself, including your Comments (as defined below), contributions or communications through our Site (your “Content”). In doing so, you understand and agree that your Content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Note that credit card information is always encrypted during transfer over networks, and is not considered to be Content under these Terms of Service.
You agree not to reverse engineer, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, your use of the Site, your access to the Site, or the contact information of any person which you become aware on or through the Site, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
The Site may from time to time contain certain historical information. Historical information, necessarily, is not current and is provided for reference purposes only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue our Site or Services (or any part thereof or any product offering) without notice.
We shall not be liable to you or to any third party for any temporary or permanent modification, price change, suspension or discontinuance related to our Site or Services.SECTION 5 - PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy, which is incorporated by reference into these Terms of Service.
We have undertaken reasonable efforts to accurately display the colors and images of products that appear at our online store. We cannot, and do not, guarantee that your device’s display of any color or other product-related details will be consistent or accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on or through the Site, whether through the website, by e-mail, by phone or by other means of communication, is void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Site or Services will be corrected.SECTION 6 - YOUR ORDER CANCELLATION RIGHTS AND RETURN POLICY
Any products you purchase through the Site can only be returned in accordance with these Terms of Service and our Returns Policy, which is incorporated herein by reference. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy
to learn more about your right to cancel our Services to you. Your right to cancel our products or services only applies to products that are returned in the same condition as you received them. When attempting to initiate a return, you must include all of the product’s instructions, documents, accessories, and wrappings. Products that are damaged or otherwise not in the same condition as they were sent to you, or which are worn beyond the ordinary wear and tear of opening the original packaging, will not be eligible for a refund.
Shipping costs incurred by you for returning our products are your sole responsibility, and no reimbursement will be made by us for shipping costs. In the event that you are eligible for a refund, we will reimburse you for the value of your order no later than fourteen (14) days from the date on which we receive the returned product from you, or from the date you indicated to us that there was an issue with a service, as the applicable case may be. We use the same means of payment for eligible refunds as was used to place the order.SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse to fill any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased on a per company, per person, per household, or per order basis. These restrictions may include orders placed by or under the same customer account, with the same credit card or payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or any other individual or entity we determine to have interests which do or could cause harm to our business.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details on the topics above, please refer to our Returns Policy.SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.
We may also, in the future, offer features and/or services through the Site (including, for example, the release of new tools and resources). Such new features and/or services shall be immediately subject to these Terms of Service upon their publication.SECTION 9 - THIRD-PARTY LINKS
Certain content, products, and services available via our Services may include materials from third parties.
Third-party links on this Site may from time to time direct you to third-party websites that are not affiliated with us (“Third-Party Sites”). We are not responsible for examining or evaluating the content or accuracy, we do not warrant, and we will not have any liability or responsibility for, any Third-Party Sites, nor for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content, or any other transactions made in connection with any Third-Party Sites. Please review carefully the third-party's terms, policies and practices and make sure you understand them before you engage in any transaction with a third party. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the appropriate third party.SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, or, without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you submit to us. We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content, including your Comments and any other of your Content, that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or which violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments and any other of your Content does not and will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments and any other of your Content will not contain libelous, slanderous, or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any of your Comments or other Content. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Content you supply.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
There may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders, if any information on our Site, in the Services or on any related website is inaccurate, at any time without prior notice (including after you have submitted an order).
We undertake no obligation to update, amend or clarify information on the Site or in the Services or on any related website, including without limitation, pricing information, except where required to do so by law.
No specified “Last Updated” date on the Site may be claimed by any user to indicate that any information on the Site or Services, or on any related website, has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to and without limiting in any way the prohibitions set forth in the Terms of Service, you understand and agree that you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate, or discriminate against any person, including on the basis on gender, sexual orientation, identity or expression, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any type of malicious code that will, might or could be used in any way to affect the functionality or operation of the Site, Services or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose as determined by us; or (k) to interfere with or circumvent the security features of the Site, Services or any related website, other websites, or the Internet. We reserve the right to terminate your access to and use of the Site, Services or any related website for violating any of the prohibited uses named above, or for any other legitimate reason, in our sole discretion.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RISK OF LOSS
We do not guarantee, represent or warrant that your access to and use of our Site and Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from your access to and use of our Site and Services will be accurate or reliable.
You agree that from time to time, we may suspend or deny access to the Site or the Services for indefinite periods of time, or that we may change, modify or cancel the Site or Services at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH SAME (EXCEPT AS EXPRESSLY STATED BY US) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL BEETRONICS INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR AFFILIATES BE LIABLE TO YOU OR TO ANY PERSON FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR SUPPLEMENTAL DAMAGES OF ANY KIND, INCLUDING AND WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR ACCESS TO OR USE OF ANY OF THE SITE OR SERVICES, OR, ANY PRODUCTS PROCURED USING SAME, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO OUR SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY OF THE SITE AND SERVICES, NOTWITHSTANDING WHETHER WE WERE ADVISED OF THE POSSIBILITY OF YOUR LOSS OR HARM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
All purchases of physical items from us 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.SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Beetronics Inc. and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and interns, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Any such determination shall not affect the validity and enforceability of any other remaining provisions of the Terms of Service.SECTION 17 - TERMINATION
The obligations and liabilities of you or of us incurred prior to the termination of our relationship with one another and/or the Terms of Service shall survive such termination.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or, when you cease accessing or using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site or Services (or any part thereof).SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on or through this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.SECTION 19 – AGREEMENT TO ARBITRATE
Please read the following section carefully because it requires users who are U.S. residents to arbitrate certain disputes and claims with Beetronics Inc. and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Service resolved in court. The Arbitration Agreement described herein shall apply, without limitation, to all disputes or claims and requests for relief including any which arose or were asserted before the effective date of these Terms.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our Registered Agent, whose contact information is provided in the Notice Section of these Terms. The arbitration will be resolved through confidential binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”), an established alternative dispute resolution provider.
Disputes involving claims, counterclaims, or requests for relief shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually-agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of these Terms. The arbitrator will decide the rights and liabilities, if any, of you and Beetronics Inc. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND BEETRONICS INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Beetronics Inc. are instead electing that all disputes, claims or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated.SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflict of laws provisions within the state.SECTION 21 - NOTICE
Any notice required under these Terms of Service shall be sent in writing via certified mail or other reputable mail service with tracking to the following:
Registered Agent Address:
LEGALINC CORPORATE SERVICES INC.
651 N. BROAD ST. SUITE 206
MIDDLETOWN, DE 19709SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to or through our Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to our Site or the Services, including the acceptance of any quote provided to you on our website, by email or over the phone, following the posting of any changes to these Terms, constitutes acceptance of any changes to the Terms made by us.SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Or by certified mail or other reputable mail service with tracking to:
2093 PHILADELPHIA PIKE #4945
CLAYMONT, DE 19703