PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Canada and other copyright laws, and is the property of www.myufoshop.com . The collective work includes works that are licensed to www.myufoshop.com. Copyright 2011, www.myufoshop.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.myufoshop.com or purchasing www.myufoshop.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.myufoshop.com or to purchase www.myufoshop.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.myufoshop.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of www.myufoshop.com used in the site are trademarks or registered trademarks of www.myufoshop.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.myufoshop.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.myufoshop.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.myufoshop.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
www.myufoshop.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.myufoshop.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a www.myufoshop.com product is mistakenly listed at an incorrect price, www.myufoshop.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.myufoshop.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.myufoshop.com shall issue a credit to your credit card account in the amount of the incorrect price.
Shipment
All goods shall be shipped F.O.B. carrier from our distribution center located in Ontario or anywhere else where manufacturing facilities may be located now or in the future (unless otherwise noted on the front of your invoice). All risk of loss passes to Buyer when the invoiced goods are picked up by the transport / shipping company. UFO INFRARED TECHNOLOGY shall exercise sole discretion in selecting a method of shipment. UFO INFRARED TECHNOLOGY uses FEDEX. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer. UFO INFRARED TECHNOLOGY assumes no responsibility for placing of valuation upon shipment unless requested to do so by Buyer. Partial shipments of any order from Buyer may be made by UFO INFRARED TECHNOLOGY in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless UFO INFRARED TECHNOLOGY has been paid in full for the entire order. An additional addendum to these terms and conditions regarding shipping policies must be signed by the customer before the customer’s items will be shipped.
- Orders before 11:00 a.m. will be shipped in next 24 hours.
- Orders after 11:00 a.m. will be shipped between 36-48 hours.
- Orders after Friday 11:00 a.m. will be shipped in 48-60 hours.
- Orders which will be done 1 day before statutory holidays will be shipped next business day.
Intra-Canada Services
With time-sensitive express services and a cost-effective ground shipping option, use FedEx for all your shipments within Canada.
* Some restrictions apply. For more details, see Terms and Conditions.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.myufoshop.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.myufoshop.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.myufoshop.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.myufoshop.com products) shall be in the province or federal courts located in Burlington, Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.myufoshop.com products) must be commenced within one (1) year after the claim or cause of action arises. www.myufoshop.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.myufoshop.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.myufoshop.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.myufoshop.com does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site,www.myufoshop.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.myufoshop.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.myufoshop.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.myufoshop.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.myufoshop.com may link to sites operated by third parties. However, even if the third party is affiliated with www.myufoshop.com, www.myufoshop.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.myufoshop.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless,www.myufoshop.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Tolerance
All dimensions, weights, and any other product specifications stated on the UFO INFRARED TECHNOLOGY website, or in any catalogue, or other printed document, or elsewhere pertaining to products sold by UFO INFRARED TECHNOLOGY are approximate estimates and within industry tolerances, and are not held out to be exact measurements, dimensions, weights or specs.
Patents
UFO INFRARED TECHNOLOGY makes no warranty that the goods will be delivered free of the rightful claim of any third party by way of infringement or the like. If UFO INFRARED TECHNOLOGY determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, UFO INFRARED TECHNOLOGY reserves the right to cease offering and/or shipping the product, without liability to Buyer.
Modifications
Prices are subject to adjustment if buyer requests changes in specifications, quantities, or delivery requirements. All paragraphs of this Confirmation of Order shall apply to the goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on UFO INFRARED TECHNOLOGY unless contained in a writing signed by UFO INFRARED TECHNOLOGY and expressly stating both that such terms are being modified and the nature of such modifications. This order cannot be changed after (2) from the order date have passed, unless UFO INFRARED TECHNOLOGY and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
Cancellation
Buyer may cancel this order without additional cancellation fees in whole or in part, only upon written notice to UFO INFRARED TECHNOLOGY and only within the same day that the order was placed, provided some or all of the goods have not already been shipped. Unless cancelled within the same day the order was placed, Buyer shall be liable for the payment of cancellation charges, which charges shall be the sum of (1) the price of all goods that have been delivered and not previously paid for, plus (2) the actual cost incurred by UFO INFRARED TECHNOLOGY that is properly allocable to the goods not delivered at the time of decrease or cancellation, including, without limitation, the cost of components and materials purchased for use in producing such goods, plus (3) the profit, and reasonable overhead that UFO INFRARED TECHNOLOGY would have made from full performance by UFO INFRARED TECHNOLOGY, plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by UFO INFRARED TECHNOLOGY in making settlement and effecting collection hereunder. In no event will the fee for Buyer’s ultimate cancellation of an order be less than ten percent (10%) of the total order, but no such cancellation fee will be imposed if Buyer complies with the first sentence of this paragraph.
Taxes
All charges are subject to the federal, state and local taxes, if any, pertinent at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith.
Effect of Breach on Risk of Loss
Breach of this contract by UFO INFRARED TECHNOLOGY shall have no effect on the provisions controlling the risk of loss of the goods.
Use and Indemnification
Buyer (Person, company or entity purchasing the product or device), is solely responsible for the manner of use of the products and other equipment purchased from UFO INFRARED TECHNOLOGY. Buyer is solely responsible for all signage, labels, and warnings to consumers or other users of the products and equipment, and or any and all other acts necessary, including user warnings and limitations (e.g. weight, height, age, number of participants, and medical condition limitations), to ensure the safety of the users. Buyer acknowledges that they received, read and fully understand all necessary instructions for the safe setup and operation of their product or device. Buyer agrees to operate their product or device according to the instructions established in the owner’s manual or listed on the UFO INFRARED TECHNOLOGY’s website. Buyer agrees to operate their product or device according to all of their state and local requirements. Buyer agrees to train any person(s) operating the product or device in the safe operation of the product or device including safe handling of emergency situations. Buyer shall use stakes, tie-downs, and other applicable devices necessary to ensure the safety of the users and the general public. Buyer agrees to indemnify, hold harmless and defend UFO INFRARED TECHNOLOGY and UFO INFRARED TECHNOLOGY insurers and suppliers from actions and claims of third parties, including customers of Buyer and users of the goods and products sold to Buyer arising out of or in connection with the use of the goods and products herein described or resulting from the breach of the provisions in this Confirmation of Order by Buyer. In the event UFO INFRARED TECHNOLOGY is required to commence an action to enforce this provision, Buyer shall pay all of UFO INFRARED TECHNOLOGY’s legal costs and expenses.
Integration
There are no representations, warranties or conditions express or implied, statutory or otherwise except those herein contained, and no agreements or waivers collateral hereto shall be binding on either party unless in writing and signed by Buyer and accepted by UFO INFRARED TECHNOLOGY. This Confirmation of Order contains all of the promises, warranties, terms and conditions of the agreement between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements. These terms and conditions may from time to time be updated without notice to the public, or to buyers. Updated versions will be posted on the UFO INFRARED TECHNOLOGY website and will supersede all prior versions and will govern all previous purchases/sales.
Governing Law, Jurisdiction and Venue
In the event of litigation between the parties concerning the order or any product shipped to Buyer hereunder, the laws governing the state in which UFO INFRARED TECHNOLOGY’s Headquarters are located shall govern such action. Venue shall be in or near the city and state where UFO INFRARED TECHNOLOGY’s Headquarters are located, and the action shall be brought in the State or Federal courts of appropriate jurisdiction based on the location of UFO INFRARED TECHNOLOGY’s Headquarters.