3.1 If you have any dispute concerning any aspect of
these Terms of Website Use, the Website, or any of our services, you agree
to submit your dispute for resolution by arbitration before the American
Arbitration Association ("AAA") in the county where you live by
filing a Demand for Arbitration. The arbitrator will have exclusive
authority to resolve any dispute including any claim that all or any part
of these Terms of Website Use are unenforceable.
3.2 Opt-Out of Arbitration/Class Action Waiver. The
Terms & Conditions do not constitute a waiver of any of your rights
and remedies to pursue a claim individually and not as a class action in
binding arbitration as provided above. This provision preventing you from
bringing, joining or participating in class action lawsuits is an
independent agreement.
3.3 YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE
OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY
TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF
OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION
BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY
US TO PROVIDE THE SERVICE.
3.4 You agree to indemnify for any financial harm or
any losses caused by Your objections to fees that does not comply with
this Section. You will be held responsible for the reimbursement of any
fees and losses incurred as a result of Your failure to comply with any
provision in this Agreement.
3.5 Credit Card Billing Customer expressly agrees that
if Customer pays by credit card, check or demand debit, Customer shall
abide by the following statement: "I hereby authorize to initiate
debit/credit entries to my bank deposit account or credit card."
5.1 You represent that the information provided by You
when placing Your order is up-to-date, materially accurate, and is
sufficient for Us to fulfill your order. You are responsible for
maintaining and promptly updating Your account information with Us for
accuracy and completeness and keeping such information (and any passwords
given to You for the purposes of accessing the Site and/or purchasing
Products) secure against unauthorized access. Unless agreed otherwise or
required by applicable law, any warranties provided in relation to Your
purchase only extend to You on the understanding that You are a user and
not a reseller of the Product.
5.2 No warranty, commitment or any other obligation
should ever be assumed by You on Our behalf or on behalf of a Product
manufacturer, license or supplier without Our express prior written
consent.
5.3 PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM
PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
5.4 Prices payable for the Product are those in effect
at the time of dispatch or delivery, unless otherwise expressly agreed.
Prices may be indicated on the Site or an order acknowledgement but the
authoritative price in the event of any discrepancy, is the price that is
notified to You on Our Acceptance.
5.5 We have the right at any time prior to Our
Acceptance to withdraw any discount and/or to revise prices to take into
account increases in costs including (without limitation) costs of any
materials, carriage, labor or the increase or imposition of any tax, duty
or other levy and any variation in exchange rates. We also reserve the
right to notify You of any mistakes in Product descriptions or errors in
pricing prior to product dispatch. In such event if you choose to continue
with fulfillment of the order, You acknowledge that the Product or Service
will be provided in accordance with such revised description or corrected
price.
5.6 The places that we deliver to are listed on the
Site ("Territory"). Unless otherwise specified, prices quoted
are: exclusive of the costs of shipping or carriage to the agreed place of
delivery within the Territory (charges for which are stated on the Site);
and exclusive of VAT and any other tax or duty which (where applicable)
must be added to the price payable.
5.7 You agree to pay for taxes, shipping or carriage of
Products as such costs are specified by Us on the Site when You submit
Your purchase order, if applicable. Payment shall be made prior to
delivery and by such methods as are indicated on the Site.
5.8 Except as expressly provided elsewhere in these Conditions
or the Site, payment may be taken in full notwithstanding any claim for
short delivery or defects.
5.9 We will charge credit or debit cards on dispatch of
the Product or commencement of Services. We reserve the right to verify
credit or debit card payments prior to Acceptance.
5.10 If at any time you fail to pay any amount due on
the relevant due date, or we are unable to collect payment due because of
lack of funds or cancelled credit card, We may by notice declare all
amounts unpaid at that date to be immediately due and payable. No
counterclaim or set-off may be deducted from any payment due without our
written consent. We may also take action against You for the price of
Products at any time after payment has become due even though property in
those Products may not yet have passed to you.
11.1 You shall not assign, transfer, charge or make
over or purport to assign transfer charge to make over Your rights under
these Conditions. Any purported assignment shall be null and void.
11.2 We shall not be liable to You nor held in breach
of contract for any loss or damage which may be suffered as a direct or
indirect result of Us being prevented, hindered or delayed in the
performance by reason of any circumstances beyond Our reasonable control
including (but not limited to) any act of God, war, terror, riot, civil
commotion, government action, explosion, fire, flood, storm, accident,
strike, lock-out, trade dispute or labor disturbance, breakdown of plant
or machinery, interruption in the supply of power, Internet
communications, or materials and in such event we may elect to cancel Your
order and refund any payments made.
11.3 You acknowledge that these Conditions supersede
and cancel all previous contracts, agreements and working arrangements
whether oral or written, express or implied, between us. These Conditions
prevail over any other terms or conditions contained in or referred to
elsewhere or implied by trade, custom or course of dealing. Any purported
terms or conditions to the contrary are hereby excluded to the fullest
extent legally permitted. To the fullest extent permitted under applicable
law, We reserve the right to modify these Conditions without prior written
notice to You with effect for the future, subject to Your right to reject,
by way of written notice, our modifications to these Conditions with
respect to any orders for which Acceptance, but not yet fulfillment, has
occurred.
11.4 No relaxation, forbearance, delay or indulgence by
either You or Us in enforcing any of these Conditions or the granting of
time by either party to the other shall prejudice or restrict such rights
and powers.
11.5 No waiver of any term or condition of these
Conditions shall be effective unless made in writing and signed by Us. The
waiver of any breach of any Condition shall not be construed as a waiver
of any subsequent breach or condition.
11.6 If for any reason We determine or a court of
competent jurisdiction finds that any provision or portion of these
Conditions to be illegal, unenforceable, or invalid under applicable law
in a particular jurisdiction:
11.6.1 These Conditions will not be affected in other
jurisdictions to the extent that such determination or finding has no
application; and
11.6.2 In the relevant jurisdiction, the remainder of
these Conditions (to the fullest extent permitted by law) will continue
in full force and effect.
11.7 I also acknowledge that I understand that by
placing my order with Video Sales Ads, I am subject to these terms
and conditions of sale.
