This Agreement contains the terms that apply to your purchase of products and services from the eShields, LLC company identified on your purchase receipt or invoice (“eShields”/”iShieldz.com”) or one of its authorized resellers (“Reseller”). YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PURCHASE. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 10 BELOW. This Agreement may be changed without notice at any time before eShields, LLC accepts your order.
1. Payment Terms. Unless eShields, LLC has agreed to extend credit or other financing to you, payment is due by credit card at the time of order placement. Your credit card account will be verified when you place your order, and your order will be declined if the credit card is declined. Your credit card will be charged when your order is processed. No C.O.D. are being accepted at this time. Orders are processed upon receipt. With approved credit, invoicing is available. Invoices are due and payable within 30 days of the invoice date. Past due accounts bear interest at the rate of 1.5 percent per month or the highest rate allowed under applicable law, whichever is greater.
2. Shipping and Handling Charges and Taxes. You are responsible for paying all shipping and handling charges and taxes associated with the order. This includes the $5.95 shipping and handling charge applied to all warranty replacements.
3. Prices. Advertised prices are in U.S. dollars and exclude shipping and handling and taxes unless otherwise noted. The price you pay will be the price in effect at the time the order is accepted, unless the price drops before shipment and you notify eShields, LLC of the lower price before the order is shipped, in which case, and in that case only, the price charged will be the lower price.
4. Disclaimer of Warranty. THE LIMITED WARRANTIES APPLICABLE TO iSHIELDZ-BRANDED PRODUCTS ARE INCLUDED WITH THE PRODUCTS WHEN THEY ARE SHIPPED TO YOU. IF A WARRANTY IS APPLICABLE TO ANY OTHER PRODUCT, SUCH WARRANTY IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY eSHIELDS. APART FROM THE MANUFACTURER’S WARRANTY, IF ANY, THE PRODUCTS ARE PROVIDED “AS IS”, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
5. Technical Support. INFORMATION ABOUT TECHNICAL SUPPORT FOR iSHIELDZ-BRANDED PRODUCTS IS INCLUDED WITH THE PRODUCTS WHEN THEY ARE SHIPPED TO YOU. TECHNICAL SUPPORT, IF ANY, FOR OTHER PRODUCTS IS PROVIDED BY THE MANUFACTURER, NOT BY eSHIELDS.
6. Limitation of Liability. eSHIELDS AND ITS AFFILIATES’ MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCTS. eSHIELDS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR OTHER CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
7. Return Policy. You may return certain products for any reason under the following terms, and eSHIELDS will refund the original purchase price, LESS a return processing fee. eSHIELDS WILL REFUND THE ORIGINAL SHIPPING CHARGE AND YOU MUST PAY SHIPPING FOR RETURNED ITEMS. To obtain a credit for a return item, you must obtain a return authorization number and return the item, accompanied by the return authorization number, to the facility designated by eSHIELDS within thirty (30) days of eSHIELDS shipment of the item to you. A return-processing fee of 15% or $5.95 (whichever is greater) will be subtracted from your refund. Certain items, if opened, are not covered by this return policy. THIS RETURN POLICY IS NOT A WARRANTY.
8. Title. Title to hardware products and to the media in which software products are embodied passes to you upon shipment by eSHIELDS. Title to software remains with the licensor of the software.
9. Interpretation. This Agreement shall be interpreted under and governed by the laws of the State of California, without giving effect to conflicts of law rules. Headings used in this Agreement are for convenience of reference only and do not affect its meaning or interpretation.
10. Dispute Resolution. You agree that any Dispute between You and eSHIELDS will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and eSHIELDS. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that You would have had a right to litigate disputes through a court, and that You have expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this section, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i)this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (ii)the purchase or use of any product, accessory, service or otherwise from eSHIELDS; the term “eSHIELDS” means eShields, LLC, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term “You” means you the original purchaser, your agents, beneficiaries, or heirs. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405.
11. No Modification. This Agreement may not be modified, altered or amended without the written agreement of eShields, LLC. Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by eShields, LLC.
12. Severability. The terms stated herein are declared to be severable. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
13. General. You may not assign this agreement without eShields prior written consent. eShields, LLC. and its affiliates are intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from eShields, this agreement shall take precedence.