ACCEPTANCE OF TERMS
Welcome to 360Heros.com (the “Site”). Your use of the Site confirms that you
have read and agree to these terms and conditions, which include the Privacy
Policy and any other terms incorporated by reference herein (“Terms”). These
Terms constitute a binding contract between 360Heros, Inc. (“360Heros” or “we”)
and you. Use of the term “you” or “your” herein refers to you, the user of the
Site. These Terms are subject to change from time to time by 360Heros without
notice by updating or revising this page.
BY USING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS, THEN DO NOT ACCESS OR USE THE SITE.
You must complete the website registration process to create an account with a
user ID and password (the “Account”) in order to make a purchase or post a
comment on the Site. You agree that you will be responsible for maintaining
your user ID and password as confidential and for any activity that occurs as a
result of your enabling or permitting another person or entity to use your
password. Any use of the Site through your
Account will be deemed as being used by you.
360Heros is entitled to rely on the contact and other information that
is supplied to us through your Account.
Your Account is non-transferable and non-assignable.
Your completion of an online order or receipt of confirmation thereof does not
signify 360Heros’ acceptance of your order, nor does it constitute confirmation
of 360Heros’ offer to sell. 360Heros
reserves the right at any time after receipt of your order to accept or decline
your order for any reason and without any prior notice. If we reject your order, we will notify you
promptly and provide a full refund.
CONDITIONS OF SALE
You agree to pay all charges incurred on your Account at the prices then in
effect when such charges are incurred. All
purchases must be made by credit or debit card.
You agree to pay all applicable taxes, customs, duties or other
governmental charges related to your purchase. 360Heros is not be responsible for any taxes,
including sales, use, and tangible property, except for taxes on 360Heros
income. We reserve the right to ship
partial orders, and the portion of any order that is partially shipped may be
charged separately at the time of shipment.
We reserve the right, at any time, to change our
prices for products sold on the Site, effective immediately upon posting on the
Site. All prices are Ex Works 360Heros,
with shipping charged separately. Title
and risk of loss will pass to you at the Ex Works point.
360Heros will accept returns for 15 days from the date
of your receipt for a full refund of the original amount paid, less
shipping and handling at the time of purchase. This excludes software purchases as ALL SOFTWARE PURCHASES ARE FINAL. Any software included with the KIT packages will be deducted from the purchase KIT price to be refunded. All non-360Heros hardware (including cameras, hard drives, and accessories) are subject to the product manufacturer's respective product warranty. Items that show signs of use or have been opened will be charged 25%-100% restocking fee. Items returned in unopened original packaging after 15 days of receipt but no later than 15 days will be charged a
25% restocking fee. If products were opened, used, and returned, a rental fee may apply . Returns must include
all materials as shipped, with no scratches or obvious marks, and you are
solely responsible for shipping and handling fees incurred in returning any
product. Refunds will be applied to the
credit or debit card on which the original purchase was made. Items missing from shipment will be deducted
from the refund (applicable amount determined by us). If
the return is a result of our error (you received an incorrect or defective
item, etc.), we will refund the cost of shipping. ABSOLUTELY NO RETURNS
ACCEPTED AFTER 30 DAYS.
7. LIMITATIONS OF LIABILITY AND WARRANTY:
For 30 days following the date of shipment, 360Rize will repair or replace, at our option, without charge any product that we, in our sole discretion, find defective in workmanship or material, provided that, on our request, the product is returned to us, and provided that the product has been used only for the purposes intended and has not been modified. This warranty is void in the event of misuse, abuse, unconventional use, or exposure to corrosive or abrasive material or excessive heat. THE FOREGOING IS THE EXCLUSIVE WARRANTY. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 360RIZE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY. 360RIZE WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER IN ITS USE, AND OUR LIABILITY, WHETHER ARISING THROUGH CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UNDER NO CIRCUMSTANCES WILL EXCEED THE CONTRACT PRICE FOR THE PRODUCT FOR WHICH LIABILITY IS CLAIMED.
You understand and agree that all information, data, and other material
provided on the Site ("Content") is the responsibility of the person
or entity providing such Content. In the event that 360Heros permits you to
upload, post, email or otherwise transmit information for display on the Site,
you will be responsible for all Content that you upload, post, email or
otherwise transmit. Likewise, you are responsible to respect third party rights
with respect to all Content that appears on the Site and not to download, email
or otherwise transmit such content in violation of such third party's rights.
You agree not to post to the Site any Content
that, as reasonably determined by 360Heros, is or appears to be the following:
(1) untrue, misleading, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, invasive to another person’s privacy or protected data,
hateful, or racially or otherwise objectionable; (2) infringing upon a third party’s
intellectual property rights, including any patent, trademark, trade secret,
copyright, right of publicity, including any Content that is the subject of any
claim of infringement; (3) of a type that you do not have a right to transmit
under any law or under contractual or fiduciary relationships, such as
proprietary and confidential information; (4) unsolicited, undisclosed or
unauthorized advertising; (5) software viruses or any other computer code,
files, or programs designed to interrupt, destroy, or limit the functionality
of any computer software or hardware or telecommunications equipment; (6) data
or information obtained through access that was not authorized by the owner, or
that you are not authorized to post; or (7) in violation of any applicable
local, state, national or international law (including export laws).
DISCLAIMER OF CONTENT
You understand and acknowledge that 360Heros assumes no responsibility to
screen or review Content on the Site that is originated by parties other than 360Heros,
and that 360Heros shall have the right, but not the obligation, in its sole
discretion to monitor, refuse and remove any Content that is available on the
Site. 360Heros expressly disclaims all responsibility or liability to you or
any other person or entity for the performance or nonperformance of Content
review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE
USE OF ANY AND ALL CONTENT.
OWNERSHIP OF CONTENT
You understand and agree that your use of the Site entitles 360Heros to use,
monitor and preserve copies of all information and Content and to disclose such
if required to do so by law or in the good faith belief that such disclosure
will promote compliance with legal process, enforcement of these Terms,
assistance in responding to claims that Content violates the rights of third
parties, protection of the personal safety of any person, or protection of the
property rights of 360Heros or any other person or entity.
CONDUCT ON THE SITE
You must not do, or
attempt to do, any of the following, as reasonably determined by 360Heros,
subject to applicable law: (1) access or use the Site in any way that is not in
compliance with any applicable local, state, national or international law
(including export laws), contracts, intellectual property rights or constitutes
the commission of a tort, or for any purpose that is harmful or unintended (by
us), or other than in full compliance with these Terms; (2) access, tamper
with, or use services or areas of the Site that you are not authorized to
access; (3) alter information on or obtained from the Site; (4) tamper with
postings, registration information, submissions or Content belonging to 360Heros
or other users of the Site; (5) use any robot, spider, scraper or other
automated means or interface not provided by us to access the Site or extract
data or gather or use information, such as email addresses, available from the Site
or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain
letters”; (6) frame any part of the Site, or link to the Site, or otherwise
make it look like you have a relationship to us or that we have endorsed you or
your Content for any purpose except as expressly permitted in writing by 360Heros;
(7) impersonate or misrepresent your affiliation with any person or entity; (8)
reverse engineer any licensed software, application, games or any other aspect
of the Site or do anything that might discover source code, or bypass or
circumvent measures employed to prevent or limit access to any area, content or
code on the Site; (9) send to or otherwise impact us or the Site (or anything
or anyone else) with harmful, illegal, deceptive or disruptive code such as a
virus, “spyware,” “adware” or other code that could adversely impact the Site
or any recipient; or (10) take any action which might impose a significant
burden (as determined by us) on the Site’s infrastructure or computer systems,
or otherwise interfere with the ordinary operation of the Site.
You agree to use the Site and the products sold thereon solely for your own personal
purposes and not to use or exploit any portion of the Site or the products for
commercial purposes, without the prior written consent of 360Heros.
SUBMISSION OF FEEDBACK
When you submit ideas,
suggestions, documents, or proposals (collectively, “Feedback”) to 360Heros
through our “Contact Us” web page or otherwise, you represent, warrant and
agree that: (a) your Feedback does not include confidential or proprietary
information; (b) if we so choose, 360Heros may use and disclose your Feedback
in any way; and (c) 360Heros has no obligation to pay or reimburse you for your
Feedback or our use of your Feedback.
Our Site may contain
links to third party web sites. The linked sites are not part of the Site and
are not under our control. Consequently, we are not responsible for the
accuracy, legality, decency, availability or content of any linked site or any
link contained in a linked site, or any changes or updates to such sites. We
provide the links to you only as a convenience, and we do not endorse the
linked site or its use or contents. You
use the links at your own risk. You
hereby irrevocably waive any claim against us with respect to such sites.
You agree to indemnify
and hold 360Heros and its affiliates, and their officers, directors, members,
predecessors, successors in interest, employees, agents, subsidiaries and
affiliates (“Indemnified Persons”), harmless from any demands, loss, liability,
claims or expenses (including attorneys’ fees and expenses), made against 360Heros
by any third party due to or arising out of or in connection with your Content,
or your use of the Site or the products sold thereon, in violation of these
360Heros is a trademark of 360Heros, Inc. Other product names, trademarks,
service marks and other images on the Site are used with permission by 360Heros
and its agents. You agree not to use or display any trademarks from the Site
without the prior written consent of 360Heros or the owner of such mark.
The Content is owned by 360Heros and/or third parties and is protected under
United States copyright laws, and the copyright laws of other countries.
Certain materials are used by permission of their respective owners. The
Content, including but not limited to graphic images, buttons, and text, may
not be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way without the prior written permission of 360Heros.
Modifications of Content or use of Content for any other purpose is a violation
of the rights of 360Heros or third parties. Nothing herein shall be construed
as conferring by implication, estoppel, or otherwise, any license or right
under any copyright, patent, trademark, or other proprietary interest of 360Heros
or third parties.
JURISDICTION AND VENUE
You agree that this Agreement and the relationship between you and 360Heros
will be governed by the laws of the State of New York, without regard to the
conflict of laws principles thereof, and that venue with respect to any dispute
between you and 360Heros will rest exclusively in the courts of Erie County and
the federal district court for the Western District of New York. You agree that
the United Nations Convention on the International Sale of Goods will not apply
to these Terms.
360Heros may provide notice to you by email, regular mail, certified mail or
return receipt requested to the address you provide to 360Heros.
When you use the Site, or
send e-mails to us, you are communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with
you by e-mail or by posting notices on this Site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
TERMINATION OF REGISTRATION
You acknowledge and agree that 360Heros may terminate your password and/or
other access privileges and remove and discard any Content without notice to
you for any reason, including without limitation, if: (i) you do not use the Site
for what 360Heros, in its sole discretion, deems to be an extended period of
time; (ii) 360Heros believes that you have violated any of these Terms, and/or (iii)
you have otherwise acted or failed to act in any manner that 360Heros deems
objectionable. You agree that any
termination of your access to the Site shall not result in any liability or
other obligation of 360Heros to you or any third party in connection with such
When ordering from 360Heros,
you are responsible for assuring the product can be lawfully imported to the
destination country. You are the
importer of record and must comply with all laws and regulations of the
destination country. Orders shipped
outside of the United States may be subject to import taxes, customs duties and
fees levied by the destination country. The
recipient of an international shipment may be subject to such import taxes,
customs duties and fees, which are levied once a shipment reaches the
recipient's country. Additional charges
for customs clearance must be borne by the recipient; we have no control over
these charges and cannot predict what they may be. Customs policies vary widely from country to
country; you should contact your local customs office for more information. When customs clearance procedures are
required, it can cause delays beyond our original delivery estimates. We reserve the right to cancel any order for
any reason, including without limitation customs duties or other impediments.
Please contact customer service for more information on returning an item.
These Terms constitute the entire agreement between you and 360Heros and govern
your use of the Site. You also may be subject to additional terms and
conditions that may apply when you use third party content or services
available through the Site. If any provision of these Terms is found to be
invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms, which shall remain in full force and effect. The failure of 360Heros to
exercise or enforce any right or provision of these Terms shall not constitute
a waiver of such right or condition. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to the Site or these Terms must be filed within one year after such claim or
cause of action arose.
Email: accounting (at) 360heros (dot) com
Return Shipment Address
Att: Product Returns RMA# (Your Number)
518 Queen Street
Olean, New York 14760
Do not return your package until you have received a RMA number. Include in your packaging your Contact Details, Order Number and RMA# so we can properly identify your return.