Terms and Conditions of Use
Agreement
PLEASE READ THE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS SITE. We
maintain this web site as a service to our customers, and by using our site you
are agreeing to comply with and be bound by the following terms of use. Please
review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you
should not review information or obtain goods, services or products from this
site.
PLEASE NOTE: YOU MUST BE 18 YEARS
OLD OR OLDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and conditions outlined in
this Terms and Conditions of use Agreement ("Agreement") with
respect to our site (the "Site"). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to
the Site, the content, products or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be
amended by us at any time and from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
- Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks, registered trademarks
and other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any
right in such information and materials.
- Fraud:
By becoming a member, you confirm that the information provided in this
form is true and that you agree to abide by the Terms and Conditions of
use of this site. Please note that your membership can be canceled without
notice if it is determined that false or misleading information has been
provided, the Terms and Conditions of use have been violated, or other
abuses have occurred as determined by Pedestrian Safety in
its sole discretion. If membership has been revoked, Pedestrian
Safety reserves the right to refuse application or readmission to
the membership program.
- Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license for
use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users of the
Site.
- Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys, staff
and affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the
Site.
- Nontransferable.
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable and
may only be used by you.
- Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
- Limits.
All responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document is
disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY
TO USE OUR SITE. Our maximum liability to you under all circumstances will
be equal to the purchase price you pay for any goods, services or
information.
- Use of Information.
We reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
- Third-Party Services.
We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered into
between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
- Privacy Policy.
Our Privacy
Policy, as it may change from time to
time, is a part of this Agreement.
- Payments.
You represent and warrant that if you are purchasing something from us or
from our Merchants that (i) any credit card information you supply is
true, correct and complete, (i) charges incurred by you will be honored by
your credit card company, and (iii) you will pay the charges incurred by
you at the posted prices, including any shipping fees and applicable
taxes.
- Securities Laws.
This Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives that are forward-looking statements. These statements are based
upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When used
on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends" and similar expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site and
the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or documents.
- Links to Other Web Sites. If the Site contains links to other Web sites.
We are not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
- Submissions.
All suggestions, ideas, notes, concepts and other information you may from
time to time send to us (collectively, "Submissions") shall be
deemed and shall remain our sole property and shall not be subject to any
obligation of confidence on our part. Without limiting the foregoing, we
shall be deemed to own all known and hereafter existing rights of every
kind and nature regarding the Submissions and shall be entitled to
unrestricted use of the Submissions for any purpose, without compensation
to the provider of the Submissions.
- Return Policy.
Due to the nature of our online site, and the products listed, we Pedestrian
Safety have a strict NO RETURN policy for any product. No product
shall be able to be returned for a like item, or for a cash
refund. All Sales are Final
- Venue; Applicable Law.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY
OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS
OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT
OF LATAH, IDAHO OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF IDAHO . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING
IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH
COURTS, AND ARE WAIVING ANY CLAIM THAT MOSCOW, IDAHO IS
AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This
site is created and controlled by Pedestrian Safety in the
State of IDAHO, USA. As such, the laws of IDAHO will govern the terms and
conditions contained in this Agreement and elsewhere throughout the Site,
without giving effect to any principles of conflicts of laws.
- Pedestrian Safety reserves the right to contact a customer via email to
verify the accuracy of account information (including the customer's
correct name and address) that is needed to provide the customer with the
services he or she requested from Pedestrian Safety.
- Items in stock will ship within 2-4 business days.
- Custom orders may take up to 12 weeks to receive.
Sincerely,
Pedestrian Safety.
