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TERMS OF USE

By accessing this Website, you agree to use the Website only for purposes that are permitted by these terms, the Agreement (as defined below), and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Website other than through the interface that is provided by ospreyelectronics.io, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Ingenious Technology, LLC, a California limited liability company (“Owner” or “flyingOSPREY”). You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for any breach of your obligations under this Policy and any Agreement and for the consequences (including any loss or damage which Owner may suffer) of any such breach.

 

By placing an order for any product or service on the Website, you (“Customer” or “you”) agree to be bound by all of the terms and conditions stated herein. You and Owner agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Owner. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from the Website.

 

Orders

An order is not binding upon flyingOSPREY until it is accepted; flyingOSPREY must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment as provided below. You agree to pay the amount(s) due as specified on the invoice.

 

Payment Methods

·    Visa

·    MasterCard

·    PayPal

 

Shipping Charges

Your total cost for purchase of any product will include the shipping and handling charges shown on your invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you.

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Shipping Methods

·    FedEx 3Day Express Saver – 3 to 4 business days + 24-48 hours to process the order.

·    FedEx 2Day – Delivery within 2 business days + 24-48 hours to process the order.

·    FedEx Standard Overnight – Delivery within 1 business day + 24-48 hours to process the order.

·    UPS Ground – 5 to 7 business days + 24-48 hours to process the order.

·    UPS 3Day – 3 business days + 24-48 hours to process the order.

·    UPS 2Day – 2 business days + 24-48 hours to process the order.

·    Large Item Delivery and White Glove Delivery – 3 to 5 business days + 24-48 hours to process the order.

·    USPS, Media Mail – Delivery within 2 to 9 business days + 24-48 hours to process the order. (This applies to DVD purchases only.)

·    USPS – APO/FPO/DPO orders welcome! Delivery will take approximately 2 to 6 weeks + 24-48 hours to process the order. (Due to military APO/FPO/DPO box size, 19″ and larger monitors cannot be shipped via this method; please remove them from your shopping cart before proceeding.)

·    For Hawaii and Alaska customers, FedEx can only ship via 2Day Air and the shipping time will not be guaranteed. Therefore, we will default to and charge for 2Day Air.

·    FedEx only offers 2Day service to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.

·    All orders shipped to states that require sales tax will be charged sales tax.

·    Exact delivery times to Hawaii, Alaska and Puerto Rico cannot be guaranteed.

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Price Matching

flyingOSPREY does not price match competitors 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.

 

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.

Product Testing

flyingOSPREY ships items in the condition they were received from the original manufacturer/distributor. Therefore, flyingOSPREY does not conduct product testing before shipping any merchandise except for customized systems.

Return Policy & Warranty

flyingOSPREY does not accept returns for refunds. flyingOSPREY provides a 3-month warranty (unless otherwise agreed to in writing by Owner), which starts from the day the item is shipped from flyingOSPREY. flyingOSPREY will replace or repair any item within the 3-month warranty period, with the exception of any item that falls under the Physical Damage Policy (below). Customer shall be responsible for all shipping costs when shipping the item under warranty back to flyingOSPREY for repair or replacement. flyingOSPREY will examine the warranty claim item and determine whether the item falls under the Physical Damage Policy. flyingOSPREY will not ship out any replacement item(s) until flyingOSPREY has received the warranty claim item, examined the item, and determined whether the Physical Damage Policy applies. flyingOSPREY shall be responsible for the shipping fee when shipping the repaired or replacement item back to Customer.

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.

Processing Time

You can expect your order to be processed within approximately 3 business days, provided the items are in stock and there are no problems with payment verification. flyingOSPREY does not guarantee same day-shipping. Orders are not processed on weekends or holidays.

Order status

flyingOSPREY will keep you informed of your order status via e-mail. All tracking information will be emailed to your Ospreyelectronics.io account once your order has shipped (except when an APO/FPO/DPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on the Website.

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.

Cancel Orders

flyingOSPREY does not accept order cancellation. All orders are final and not eligible for cancellation.

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.

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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, 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 a writing signed by the parties.

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