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PRICE MATCHING

flyingOSPREY does not match competitors’ prices but will honor our advertised prices on the Website. For your convenience, all of our current pricing is listed on our Website and is updated in real-time. Prices are non-negotiable.

SALES TAX

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws, or as otherwise required by law. Please note that the sales tax for orders in certain states, including New Jersey and Tennessee, is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.

Please contact us if you have any questions..

PHYSICAL DAMAGE POLICY

Physical damage to any product purchased from the Website will void any and all warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage.​​

SECURITY

Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 256-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.

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PRODUCT LISTINGS

Prices and availability of products are subject to change without notice. flyingOSPREY strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Website. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. flyingOSPREY reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. flyingOSPREY shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Website contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your credit card has been charged for the purchase, flyingOSPREY will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other websites from Ospreyelectronics.io are provided as resources to customers looking for additional information and/or professional opinions. flyingOSPREY does not assume responsibility for the claims and/or representations made on these or any other websites.

PRODUCT REVISIONS

flyingOSPREY is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, flyingOSPREY puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. flyingOSPREY relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, flyingOSPREY will not be held responsible for product revision changes.

ELECTRONIC WASTE RECYCLING ACT

The Electronic Waste Recycling Act (“Act”) became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state’s behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state by and only applies to orders shipped within California.

The types of products that we are required to collect this recycling fee include cathode ray tubes, cathode ray tube devices, flat panel screens, and other similar video display devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:

·    Greater than 4″ and less than 15″ — $5.00

·    Greater than or equal to 15″ and less than 35″ — $6.00

·    Greater than or equal to 35″ — $7.00

For more information concerning the scope and details of the Act, please refer to the California Department of Resources Recycling and Recovery’s website or to the Department of Toxic Substances Control’s website

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DISCLAIMER & LIMITATION OF LIABILITY

flyingOSPREY shall not be held responsible for damage or loss of any kind due to your use of products, services, and/or any software purchased from our Website. Our maximum liability to you is the amount you paid for the applicable product, service, or software. Third-party products and services mentioned on the Website are not necessarily endorsed by us. We do not make any warranties about the products in our store or the accuracy of our product listings except as provided herein. We reserve the right to limit quantities and to reject orders from dealers and resellers. 

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY flyingOSPREY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED HEREIN OR IN A WRITING SIGNED BY flyingOSPREY. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN A WRITING SIGNED BY
flyingOSPREY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

[FOR NEW JERSEY CONSUMERS ONLY: THE FOREGOING DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF OUR OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR VIOLATION OF LAW, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C -1 et seq.]

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RISK OF LOSS

flyingOSPREY will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. flyingOSPREY reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow flyingOSPREY to sign appropriate documents on Customer’s behalf to permit flyingOSPREY to perfect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. flyingOSPREY will advise Customer of estimated shipping dates, but flyingOSPREY will not, under any circumstances, be responsible for delays in delivery, and associated damages, due to events beyond flyingOSPREY’s reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, health pandemics, and freight embargoes.

GOVERNING LAW AND JURISDICTION

Any dispute arising out of or related to these terms, Customer’s use of the Website, and/or the any sales transaction(s) between flyingOSPREY and Customer shall be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these terms, Customer’s use of the Website, and/or the any sales transaction(s) between flyingOSPREY and Customer shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and flyingOSPREY agree that any dispute or controversy arising out of, in relation to, or in connection with these terms, Customer’s use of the Website, and/or the any sales transaction(s) between flyingOSPREY and Customer shall be finally settled by binding arbitration in San Francisco, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS, CUSTOMER’S USE OF THE WEBSITE, AND/OR ANY SALES TRANSACTION(S) BETWEEN flyingOSPREY AND CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND flyingOSPREY AND CUSTOMER EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Finally, Customer agrees to not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against flyingOSPREY more than one year after the date of the applicable invoice.  The foregoing is intended to replace any applicable statute of limitations to the maximum extent permitted by law.

EXPORT AND IMPORT COMPLIANCE

flyingOSPREY complies with applicable federal, state, and local laws and regulations, including export control laws and regulations. flyingOSPREY will not ship to any embargoed country under sanction. International customers shall be responsible for clearing local customs, complying with local import regulations and fulfilling import requirements as set forth by the international customer’s local import laws and regulations. After taking ownership of flyingOSPREY products and/or services, the Customer is solely responsible for complying with export control laws and regulations for any post-purchase shipping or relocation of the product and/or service.

SEVERABILITY

If any provision contained in these terms is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

WAIVER

The failure of either party to require performance by the other party of any provision of these terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

ENTIRE AGREEMENT

These terms, together with any flyingOSPREY’s invoice regarding the products and/or services ordered by Customer, are the complete and exclusive agreement between flyingOSPREY and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between flyingOSPREY and Customer relating to the subject products. These terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage, and these terms may not be modified except in writing signed by the parties.

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