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Terms and Conditions

Terms of Use

Gemaire collects some Personal Data from its Users.

Data Controller and Owner

Gemaire Distributors - 1525 NW 3rd St Suite 21A, Deerfield Beach, FL 33442 (USA), [email protected]

Types of Data collected

Among the types of Personal Data that Gemaire collects, by itself or through third parties, there are: First Name, Last Name, Phone Number, Address, Email, Password, Company Name, Country, State, ZIP/Postal code, City, Cookie, Usage data and Geographic position.

Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection. The Personal Data may be freely provided by the User, or collected automatically when using Gemaire.com.

Any use of Cookies - or of other tracking tools - by Gemaire or by the owners of third party services used by Gemaire, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for Gemaire to provide its services.

The User assumes responsibility for the Personal Data of third parties published or shared through Gemaire and declares to have the right to communicate or broadcast them, thus relieving the Data Controller of all responsibility.

Mode and place of processing the Data

Methods of processing

The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner.

Place

The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located.

Retention time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.

The use of the collected Data

The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Registration and Authentication, Analytics, Remarketing and Behavioral Targeting, Managing email addresses and sending messages, Infrastructure monitoring, Hosting, Contacting the User, Location-based interactions and handling Payments. The Personal Data used for each purpose is outlined in the specific sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google)

Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google utilizes the Data collected to track and examine the use of Gemaire, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookie and Usage Data.

Place of processing: USA - Privacy Policy - Opt Out

User ID extension for Google Analytics (Google)

Google Analytics on Gemaire makes use of a feature called User ID. This setup allows for a more accurate tracking of Users by associating that User with the same ID over various sessions and devices. It is set up in a way that doesn't allow Google to personally identify an individual or permanently identify a particular device.

The User ID extension might make it possible to connect Data from Google Analytics with other Data about the User collected by Gemaire.

The opt-out link below will only opt you out for the device you are on, but not from tracking performed independently by the Owner. Contact the Owner via the email address provided in this privacy policy to object to the aforementioned tracking as well.

Personal Data collected: Cookie.

Place of processing: USA - Privacy Policy - Opt Out

Contacting the User

Mailing List or Newsletter (Gemaire)

By registering to the mailing list or to the newsletter, the User's email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning Gemaire. Each Newsletter sent will contain a link to remove your email address (opt-out) from the mailing list.

Personal Data collected: Email.

Transactional and Direct Response Emails

Gemaire values your right to privacy. Gemaire does not sell or share your contact information with unrelated third parties. The emails Gemaire send may be related to a variety of issues, including: A Direct Response to an inquiry, Communication concerning an order (receipt, shipping confirmation, etc), or Promotional emails you have indicated you wish to receive. And from time to time, we may notify you of special offers based on your purchasing history. You may unsubscribe at any time by following the simple instructions contained in these emails. Transactional emails generated as part of the registration or purchasing process on Gemaire.com are excluded from the opt-out policies as these emails assist with authentication and security of being a User of Gemaire.com.

Handling payments

Payment processing services enable Gemaire to process payments by credit card, bank transfer or other means. To ensure greater security, Gemaire shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

Authorize.Net (Authorize.Net)

Authorize.Net is a payment processing service provided by Authorize.Net.

Personal Data collected: Various types of Data.

Place of processing: USA - Privacy Policy

Hosting

These services have the purpose of hosting data and files that enable the Application to run and be distributed. Some of these services work through servers geographically distributed, making difficult to determine the actual location where the Personal Data are stored.

Amazon Web Services (Amazon)

Amazon Web Services is a hosting service provided by Amazon.com Inc.

Personal Data collected: Various types of Data.

Amazon's Privacy Policy

Infrastructure monitoring

These services allow Gemaire to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved. Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of Gemaire.

New Relic (New Relic)

New Relic is a monitoring service provided by New Relic Inc.

The way New Relic is integrated means that it filters all traffic of Gemaire, i.e., communication between the Application and the User's browser or device, while also allowing analytical data on Gemaire to be collected.

Personal Data collected: Various types of Data.

Place of processing: USA - Privacy Policy

Location-based interactions

Geolocation (Gemaire)

Gemaire may collect, use, and share User location Data in order to provide location-based services.

Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User's location data may be recorded by Gemaire for the purpose of delivering services to the User.

Personal Data collected: Geographic position.

Managing email addresses and sending messages

These services make it possible to manage a database of email contacts to communicate with the User via email.

The services are used to collect data concerning the date and time when the mail is viewed by the User, as well as when the User interacts with incoming mail, such as by clicking on links included in the email.

Bronto (Bronto Software, LLC)

Bronto is an email address management and message sending service provided by Bronto Software LLC.

Personal Data collected: Email.

Place of processing: USA - Privacy Policy

Sendgrid (Sendgrid)

Sendgrid is an email address management and message sending service provided by Sendgrid Inc.

Personal Data collected: Email.

Place of processing: USA - Privacy Policy

Registration and authentication

By registering or authenticating, Users allow Gemaire to identify them and give them access to dedicated services.

Depending on what is described below, third parties may provide registration and authentication services.

In this case, Gemaire will be able to access some Data, stored by these third party services, for registration or identification purposes.

Direct registration (Gemaire)

The User registers by filling out the registration form and providing the Personal Data directly to Gemaire.

Personal Data collected: Address, City, Company Name, Country, Email, First Name, Last Name, Password, Phone Number, State and ZIP/Postal code.

Remarketing and Behavioral Targeting

These services allow Gemaire and its partners to inform, optimize and serve advertising based on past use of Gemaire by the User.

This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.

Remarketing through Google Analytics for Display Advertising (Google)

Google Analytics for Display Advertising is a Remarketing and Behavioral Targeting service provided by Google Inc. that connects the tracking activity performed by Google Analytics and its Cookies with the AdWords advertising network and the DoubleClick Cookie.

Personal Data collected: Cookie and Usage Data.

Place of processing: USA - Privacy Policy - Opt Out

Further information about Personal Data

ERP business account

Users that already have a Gemaire account can use it to shop online. The Data requested for the registration for an already existing account may differ from the Data that are requested for the direct registration on Gemaire's website.

Gemaire distributors

Gemaire distributors may use Gemaire's service for the delivery of invoices powered by Billtrust, www.billtrust.com.

Selling goods and services online

The Personal Data collected are used to provide the User with services or to sell goods, including payment and possible delivery.

The Personal Data collected to complete the payment may concern the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Data collected by Gemaire depends on the payment system used.

Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of Gemaire or the related services.

The User is aware of the fact that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, Gemaire may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System Logs and Maintenance

For operation and maintenance purposes, Gemaire and any third party services may collect files that record interaction with Gemaire (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.

Gemaire does not support "Do Not Track" requests. To determine whether any of the third party services it uses honor the "Do Not Track" requests, please read their privacy policies.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using Gemaire and can request that the Data Controller erase the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

Definitions and legal references

Personal Data (or Data)

Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Usage Data

Information collected automatically from Gemaire (or third party services employed in Gemaire), which can include: the IP addresses or domain names of the computers utilized by the Users who use Gemaire, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using Gemaire, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.

Data Subject

The legal or natural person to whom the Personal Data refers to.

Data Processor (or Data Supervisor)

The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

Data Controller (or Owner)

The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of Gemaire. The Data Controller, unless otherwise specified, is the Owner of Gemaire.

Gemaire

The hardware or software tool by which the Personal Data of the User is collected.

Cookie

Small piece of data stored in the User's device.

Legal information

Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.

This privacy policy relates solely to Gemaire.

Latest update: October 01, 2014

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Purchase Order Terms and Conditions

General

This Purchase Order (sometimes referenced herein as “PO”), is an offer by GEMAIRE DISTRIBUTORS, LLC, a Delaware Limited Liability Company, or an affiliated entity of Gemaire Distributors, LLC, ("Buyer") to the Seller listed on the accompanying Purchase Order ("Seller") and acceptance is limited to its provisions without additions, deletions, or other modifications. Buyer will not be responsible for materials delivered without issuance of its standard Purchase Order. This is a firm price order for the price set forth in the Purchase Order to which these terms and conditions apply, which Purchase Order is made a part hereof and incorporated herein by reference.

Terms Of Payment

Invoices shall be dated no earlier than date of shipment or delivery of service. The discount period begins upon receipt of invoice, required delivery date, or date any applicable discrepancy is resolved, whichever date is later. Buyer will pay non-discountable invoices thirty (30) days after receipt of invoice, required delivery date, acceptance, or the date any applicable non-conformity is resolved, whichever date is later.

Attachments

Documents designated by Buyer in the body of the Purchase Order, including supplemental terms and conditions, if any, are incorporated by reference the same as if set out in full therein.

Changes

Buyer reserves the right at any time to issue a written change order or amendment to the Purchase Order concerning any of the following: (a) specifications, drawings, and data incorporated in the Purchase Order where the items to be furnished are to be specially manufactured for Buyer; (b) quantity; (c) methods of shipment or packaging, (d) place of delivery, (e) time of delivery; or (f) any other matters affecting this Purchase Order.

Termination

Buyer may terminate the Purchase Order for its convenience, in whole or in part, at any time prior to shipment by (written or electronic) notice to Seller. Upon receipt of such termination notice, Seller shall promptly comply with the directions contained in such notice and shall, as required, (a) take action necessary to terminate the work as provided in the notice, minimizing costs and liabilities for the terminated work, and (b) continue the performance of any part of the work not terminated by Buyer.

Assignment

Seller may not assign, transfer, or subcontract this Purchase Order or any right or obligation hereunder without Buyer’s written consent.

Excusable Delay

Fires, floods, strikes, accidents, shortages, or other causes beyond the reasonable control of the parties, which prevent Seller from delivering, or Buyer from receiving, any of the materials covered by this Purchase Order, shall suspend deliveries until the cause is removed, subject, however, to Buyer’s right of termination for convenience under Paragraph 5.

Packaging, Packing List, And Bill Of Lading And Delivery

Seller shall be responsible for proper packaging, loading, and tie-down to prevent damage during transportation. Buyer’s weight and/or count will be accepted as final and conclusive on all shipments not accompanied by a packing list. Delivery to Buyer shall be construed as the on-dock date at Buyer’s facility (required date) as noted on PO.

Inspection

All materials furnished hereunder will be subject to inspection and test by Buyer and will be subject to Buyer’s final inspection and approval within a reasonable time after delivery. If Seller delivers non-conforming materials, Buyer may at its option and at Seller’s expense: (i) reject and return the materials for credit or refund; (ii) require Seller to promptly correct or replace the materials; (iii) correct the materials; or (iv) obtain replacement materials from another source. Seller shall not redeliver corrected or rejected materials without disclosing the former rejection or requirement for correction. Seller shall disclose any corrective action taken. Repair, replacement and other correction and redelivery shall be completed within the original delivery schedule or such later time as Buyer may reasonably direct. All costs, expenses and loss of value incurred as a result of or in connection with nonconformance and repair, replacement or other correction may be recovered from Seller by equitable price reduction or credit against any amounts that may be owed to Seller under this purchase order or another. Payment for any materials shall not be deemed acceptance and in no event shall Buyer incur any liability for payment for rejected materials.

Warranties

By accepting this Purchase Order, Seller warrants that the materials furnished will be free from defects in materials and workmanship, merchantable and in full conformity with Buyer’s specifications, drawings, and data, and Seller’s descriptions, promises, or samples, and that such materials will be fit for the Buyer’s intended use, provided Seller has reason to know of such use, and that Seller will convey good title to the materials, free and clear from all liens, claims, and encumbrances. Seller warrants that materials covered by this Purchase Order shall not infringe any patent, design, mask work, copyright or trademark, of any third party, either directly or contributory. Seller agrees to indemnify Buyer and hold Buyer harmless from and against all liability, loss, damage and expense, including reasonable counsel fees and costs of litigation, resulting from any claim of infringement and any litigation relating thereto. In the case where materials or a part thereof are held to constitute infringement and the use of the materials or a part thereof is enjoined, Seller shall, at the expense of Seller, either (a) procure for the Buyer the rights to continue to using the materials, (b) replace the materials so that the materials become non-infringing, or (c) retake the materials and refund the purchase price and transportation and installation cost of the materials to Buyer. Such obligations shall survive acceptance of the materials and payment therefore by Buyer. Where applicable, the Seller warrants that the materials covered by this Purchase Order are in compliance with all laws, regulations, rules, and orders relating to the importation of materials into the United States, the exportation of materials out of the country of origin, the transit of materials through intermediate countries and the sale and use or foreign made materials in the United States. Seller further warrants that it has obtained all permits, licenses, and certifications necessary for the materials to be exported out of the country of origin, imported in the United States, delivered to Buyer and used or sold within the United States.

It is Seller's responsibility to comply with these and all referenced documents and to clarify with Buyer any inconsistencies or conflicts in any parts of this order, such as these provisions contained in this document, additional terms and conditions, general specifications, detailed specifications, etc. Should Seller fail to contact Buyer to resolve these conflicts or inconsistencies, Seller will be solely responsible for errors resulting from conflicts or inconsistencies. Where documents are referenced, the version in effect at the time of order placement shall apply.

Title; Risk Of Loss

Title shall pass to Buyer upon Buyer’s receipt of materials at destination. Risk of loss of all materials shall remain in Seller until receipt by Buyer at destination, unless otherwise specified in this Purchase Order, except for loss occasioned by gross negligence or willful neglect of Buyer or its customer.

Confidentiality; Limited Use

Unless otherwise agreed by Buyer in writing, Seller shall keep confidential and not disclose to any third party, any confidential and/or proprietary materials provided by Buyer to Seller in connection with Seller’s performance of this Purchase Order or prepared by Seller specifically for Buyer pursuant to this Purchase Order, including but not limited to any drawings, masters, software, specifications, raw materials, components, data, business information or plans, customer lists or other customer information (“Confidential Information”). Seller shall not make any copies of Confidential Information except as specifically authorized by Buyer in writing. At the completion of this Purchase Order, or upon Buyer’s request, Seller shall promptly return to Buyer all Confidential Information not consumed in the performance of this Purchase Order, together with any copies in Seller’s Possession. Seller shall use Confidential Information solely for Sellers performance of this Purchase Order for Buyer, and Seller shall not, without Buyer’s written consent, directly or indirectly use Confidential Information or information derived there from in providing materials for any other customer of Seller, or any other person or entity.

>Resolution Of Conflicts Or Inconsistencies Occuring In The Order

It is Seller’s responsibility to comply with this Purchase Order and all referenced documents, and to clarify with Buyer any inconsistencies or conflicts in any parts of the Purchase order or referenced documents. Should Seller fail to contact Buyer to resolve conflicts or inconsistencies, Seller will be solely responsible for errors resulting from said conflicts or inconsistencies. Where documents are referenced, the version in effect at the time of order placement shall apply.

Buyer’s Terms And Conditions Apply

Acknowledgment of the Purchase Order, shipment of any materials, or commencement of work pursuant to the Purchase Order shall be deemed an acceptance of these General Terms and Conditions. No modification of or release from this Purchase Order shall be binding unless agreed to in writing by the parties and specifically labeled as a modification or release. Unless specifically agreed to otherwise by Buyer and Seller, these terms and conditions supersede any submitted by Seller in any proposal or acknowledgment.

Extra Charges

No charges for extras or for cartage or boxing or storage will be allowed unless the same has been agreed upon in writing by Buyer. All materials must be forwarded in accordance with Buyer’s shipping instructions, otherwise the difference in freight rate will be charged to Seller.

Substitutions

No substitution of materials or accessories may be made without written permission from Buyer.

Indemnification

Seller agrees to indemnify, defend, and hold Buyer harmless from and against all losses, damages, liability, actions, judgments, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and other expenses of litigation), suffered, incurred, or asserted by or against Buyer (a) by reason of Seller’s breach of a warranty, (b) by reason of Seller’s breach of any term of this Purchase Order, or (c) by reason of personal injury, including death, or property damage sustained by a third party, resulting from or arising out of an act or omission of Seller, or Seller’s agents, employees, or contractors in fulfillment of this Purchase Order. Additionally, Seller shall, at its expense, defend any suit or proceeding brought against Buyer, its successors and assigns, based on any claim that any materials or any component part delivered or furnished hereunder infringes or the like the rightful claim of any third party including any US or foreign letters patent or trademark or copyright (excepting infringement or the like necessarily resulting from adherence to specifications furnished by Buyer). Buyer agrees to notify Seller in writing or electronically of any such claim and to provide such assistance, at Seller's expense, as may be reasonably required in defending the suit or proceeding. Seller shall pay all damages, costs and attorney fees awarded in any suit or proceeding. If the materials or any component part furnished hereunder are held to infringe and their use is enjoined, Seller shall, at its option and its own expense, (a) procure for Buyer and its successors and assigns, the right to continue using the materials, (b) replace them with a substantially equivalent non-infringing product acceptable to Buyer, or (c) modify them so they become non-infringing with substantially equivalent performance acceptable to Buyer. Absent (a), (b), (c), Buyer reserves its rights at law, or at its option may return the infringing materials to Seller at Seller's expense and Seller promptly shall refund the purchase price to Buyer.

Cumulative Remedies; Waivers; Survival Of Warrantie

The remedies herein reserved to Buyer shall be cumulative, and additional to any other or further remedies provided in law or equity. No waiver by Buyer of any term or condition of this Purchase Order shall be construed as a permanent waiver of such term or condition or of any other term or condition. Seller’s warranties shall survive the completion or cancellation of this Purchase Order.

Governing Law

This Purchase Order shall be governed by the laws of the State of Florida, U.S.A, except for its provisions regarding principles of conflicts of laws, and except to the extent that federal communications law shall apply. Any court action arising under this order shall be venued in Orange County, Florida, U.S.A., in either federal or state court, as is appropriate.

“Materials”

The term “materials” as used herein means any and all materials, parts, products, machines, tooling, test equipment, technical data, computer software, computer software documentation, and other tangible items or documentary information furnished or required to be furnished by Seller under this order.

Entire Agreement

Unless superseded by a specific signed agreement between Buyer and Seller, this agreement shall include the Purchase Order, these General Terms and Conditions, and all attachments referred to in the Purchase Order or in the General Terms and Conditions, and it shall constitute the entire agreement of the parties with regard to the subject matter contained herein. All other prior or contemporaneous representations, warranties, covenants, or agreements between Seller and Buyer, or their representatives, with respect to the subject matter are hereby superseded. The term “Purchase Order” as used herein means the first and continuation pages of Proponent’s completed Purchase Order form, including any special provisions contained therein. This agreement may not be modified except by mutual written agreement of the parties.

Disputes/Attorney’s Fees Clause

Disputes/Attorney’s Fees. Any dispute that arises under or it related to this purchase order that cannot be settled by mutual agreement of the parties may be decided by a court of competent jurisdiction, and the parties agree to and consent to jurisdiction in the Courts of the state of Florida and venue in Orange County Florida. Pending final resolution of any dispute, Seller shall proceed with performance of this purchase order according to Buyer’s instructions so long as Buyer continues to pay amounts not in dispute. The prevailing party in any action filed regarding this Purchase Order shall be entitled to recover its reasonable attorney’s fees and costs as a part of the claim, at both the trial and appellate level.

New Materials

The work to be delivered hereunder shall consist of new materials, no used, or reconditioned, or of such age as to impair its usefulness of safety.

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Purchases Charged to Credit Card

These Terms and Conditions (hereinafter referred to as the “(“T&Cs”) apply to all orders placed by the purchaser (hereinafter referred to as “Customer”) from Gemaire Distributors LLC and/or Heating & Cooling Supply LLC (individually or collectively “Seller”) for which Customer wishes payment to be made by credit card purchase. Unless Customer notifies Seller in writing to the contrary, Customer hereby authorizes Seller to charge Customer’s provided credit card for all purchases made by Customer now or in the future, subject to the following T&Cs.

Customer hereby authorizes Seller to charge purchases made by Customer to the credit card provided by Customer to Seller for all purchases made by Customer from Seller (hereinafter referred to as the “Authorization”). This Authorization, once processed by Seller, shall govern all purchases made by Customer from Seller and shall act in lieu of a separate written credit card charge authorization sales slip for each such transaction, subject to these T&Cs. It is the sole responsibility of Customer to ensure that the credit card information provided by Customer to Seller is accurate.

Customer may cancel the Authorization by delivering written notice of cancellation of the Authorization to Seller at its offices located at 1525 NW 3rd St. Suite A 21, Deerfield Beach, Florida 33442. Customer agrees to promptly notify Seller in writing of any changes in Customer’s account information or Credit Card information.

Customer hereby authorizes Seller to deliver equipment, merchandise, and/or goods ordered by Customer to any shipping address directed by Customer. Customer agrees that it will pay for all purchases made by Customer from Seller and Customer will indemnify and hold Seller harmless, against any liability pursuant to the Authorization. Customer understands and agrees that its signature, or the signature of Customer’s authorized agent, on the Authorization will serve as Customer’s authorized signature for all charges to the Credit Card.

Customer agrees to be bound by all terms and conditions of sale to which it is liable regarding purchases made from Seller, as may be set forth on any and all other documents or agreements Customer may have with Seller. Customer authorizes Seller to deliver equipment, merchandise, and/or goods ordered by Customer to be delivered to or on behalf of Customer without obtaining a signature on a credit card charge slip at the time of delivery.

Customer further agrees that in the event payment for charges made to the Credit Card related to purchases made by Customer from Seller is declined, denied, charged back, and/or results in Seller not receiving payment for equipment, merchandise, and/or goods ordered and received by Customer, then Customer shall be liable to Seller for payment of such charges, in addition to all reasonable including pre-judgment interest, reasonable attorney fees, post-judgment attorney fees, and all costs and attorney’s fees related to any appellate proceedings, if applicable.

Customer agrees, understands and confirms that his, her, and/or its personal data, including without limitation, details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Seller has no control over such matters. Processing of Customer’s credit card for purchases may be made using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor Seller gives any assurance that the information so provided is secured or may be read or intercepted by a third party. Seller does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by Customer or a user of the service. Seller shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall Seller, its employees, directors, and its third party agents involved in processing, delivering or managing the credit card processing be liable to Customer or any third persons for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the credit card processing or any inadequacy or deficiency in the credit card processing resulting from unauthorized access or alteration of transmissions of data.

Customer agrees that the debit/credit card details provided by him/ her for credit card processing by Seller or its authorized agents must be correct and accurate and that Customer shall not use a Debit/ credit card, that is not lawfully owned by Customer or the use of which is not authorized by the lawful owner thereof. Customer warrants, agrees and confirms that: (1) when he/she initiates or authorizes Seller to initiate a payment transaction using Customer’s credit card, that Customer is fully and lawfully entitled to use such credit / debit card, bank account for such transactions; (2) Customer is responsible to ensure that the card/ bank account details provided by him/ her are accurate; (3) Customer authorizes debit of the nominated card/ bank account for the payment of charges and/or fees due Seller; (4) Customer is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the charges and/or fees due Seller. Seller reserves the right to decline the acceptance of a credit card payment if Customer’s account is in default for any reason.

THE CREDIT CARD PROCESSING SERVICES DESCRIBED HEREIN ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. SELLER DOES NOT REPRESENT OR WARRANT THAT THE TRANSACTION SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE. CUSTOMER MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE TRANSACTION SERVICES BY ANYONE IN CONTRAVENTION OF THE FOREGOING STATEMENTS, INCLUDING REPRESENTATIONS OR WARRANTIES OF ANY MERCHANT SERVICE PROVIDER. SELLER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE TRANSACTION SERVICES, OR OTHER SERVICES OR GOODS PROVIDED PURSUANT TO, REALTED TO, OR UNDER THESE TERMS AND CONDITIONS.

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