General Terms and Conditions
- THIS DOCUMENT 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.BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE 21 YEARS OR OLDER, AND ARE LOCATED WITHIN THE UNITED STATES EXCEPT FOR ALASKA AND HAWAII. YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OR YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 21 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MOMENTUM IoT, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through Momentum IoT (the “Company” referred to as “us”, “we”, or “our” as the context may require).
- Offer. You agree that your order is an offer to buy, under these Terms, all products and services indicated in Company’s advertisement. All orders must be accepted by us or we will not be obligated to sell the products or services to you. Upon submitting your order, you must enter a valid Company name, email address, and phone number.
- Acceptance. Upon receiving your order, Company shall contact you via phone to confirm delivery address, delivery method, and to determine if you qualify as a Qualified Prospective Buyer. During the call, Company shall document evaluation criteria and if you are eligible, Company shall email a confirmation letter to you to accept your offer. Company reserves the right to determine the eligibility of a Qualified Prospective Buyer.
- Shipment and Delivery.
- Company will arrange for shipment of the products to you.
- Company shall ship product within 2 business days and, product should be delivered within one week via USPS.
- Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Prices and Payment Terms.
- You will receive an email to log in to your new account at Momentum IoT. You can enter your payment information at any time during the initial 30 day period. You will be billed $12 per device, and the payment will be recurring monthly thereafter.
- If you are purchasing multiple Momentum Eagle 1 devices, your first devices will be shipped after your payment for the initial month of service.
- We accept credit card payment for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) 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 and all applicable taxes, if any.
- Returns. If you choose to discontinue our service after the initial 30 days, please return the device in the original box and packaging it came in. Product should be returned in its original condition. If the product is not returned within the initial 60 days, the software used for the product shall be turned off and Company shall send an invoice for $100, the value of the device. You bear the risk of loss during shipment. Return shipping address is 444 West Ocean Blvd., #520 Long Beach CA, 90802.
- Defective Devices. If product is defective, Company shall replace the product with a fully functioning device at the cost of Company. However, Buyer shall have to pay $100 to replace a defective device if (i) it is lost; (ii) it is stolen; (iii) the defect arises because Buyer failed to follow Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product; or (iv) Buyer alters or repairs such the product without the prior written consent of Company.
- Limitation of Liability.
- COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; OR (d) WARRANTYAGAINST 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.
- IN NO EVENT SHALL COMPANY BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED 1 TIMES THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCT SOLD HEREUNDER or $100, WHICHEVER IS LESS.
- The limitation of liability set forth above shall not apply to (i) liability resulting from Company’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Company’s acts or omissions.
- Products Not for Resale or Export. You represent and warrant that you are buying products for your own personal or business 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.
- Privacy. We respect your privacy and are committed to protecting it. All personal data collected from you in connection with your purchase of products shall protected with utmost caution.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
- Dispute Resolution and Binding Arbitration.
- YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS 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.
- ANY CLAIM, DISPUTE OR CONTROVERSY (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.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- 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 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- 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 a duly authorized representative of Company.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by sending a message to the email address or residential/company address you provide. It is your responsibility to keep your information current.
- To Us. To give us notice under these Terms, you must contact us by email at firstname.lastname@example.org. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately.
- 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.