Updated November 20th, 2024
SafeandVaultStore.com LLC's Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE, PLACING AN ORDER, OR OTHERWISE USING OUR PRODUCTS AND SERVICES.
This Terms and Conditions Agreement (the "Terms") is a legal agreement between you and SafeandVaultStore.com, LLC ("Safe & Vault Store" or the "Company") and governs your use of our Products and Services. As used herein, "Products and Services" means our website, www.safeandvaultstore.com, and any other website, social media pages, or apps owned or operated by Safe & Vault Store (together, the "Website") and any and all products and services provided to you by Safe & Vault Store.
BY USING OUR PRODUCTS AND SERVICES, INCLUDING ACCESSING THE WEBSITE, CREATING AN ACCOUNT, OR PLACING AN ORDER, YOU OR YOUR BUSINESS (ALSO "YOU" OR "YOUR" OR "THEIR" OR "USER") AGREE TO BE LEGALLY BOUND BY THESE TERMS. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND SAFE & VAULT STORE. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE OUR WEBSITE, PLACE AN ORDER WITH US, OR OTHERWISE USE OUR PRODUCTS AND SERVICES.
PRIVACY POLICY AND OTHER POLICIES
By accessing or using our Products and Services, you also acknowledge our Privacy Policy and Cookie Policy, which contain important details relating to our collection, use, and disclosure of your personal information. We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
You also acknowledge and agree to our Fraud Policy, Discount Terms & Conditions, Returns & Cancellations Policy, Warranties, Terms & Conditions of Use for Third Party Delivery and Installation Services and our Receiving Your Safe Policy, all of which are incorporated herein by reference.
PRICING AND TYPOGRAPHICAL ERRORS
Safe & Vault Store pricing is subject to change without notice, and subject to correction of any typographical errors.
CREDIT CARD PAYMENT - WHEN YOUR CREDIT CARD IS BILLED
MODIFICATION OF THESE TERMS OF USE
Safe & Vault Store reserves the right to change the terms, conditions, and notices under which our Products and Services is offered, with or without notice to you. You should check these Terms periodically for updates. Notwithstanding any changes to these Terms, all prior purchases of Leatherback Gear Products from Safe & Vault Store continue to be subject to the specific liability limitations and customer representations and warranties for such products in effect at the time of such purchase, in addition to all general liability limitations and customer representations and warranties applicable in these Terms. To view these terms, please click here.
LINKS TO THIRD PARTY SITES
The Website may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under the control of Safe & Vault Store and Safe & Vault Store is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Safe & Vault Store is not responsible for web casting or any other form of transmission received from any Linked Site. Safe & Vault Store is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Safe & Vault Store of the Linked Site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Safe & Vault Store that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
USE OF WEBSITE, AI TOOLS
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Safe & Vault Store or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that 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 to the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Certain interactive features of the Website, such as our Shopping CoPilot, use artificial intelligence ("AI Tools"). The AI Tools are provided for informational and entertainment purposes only. The content provided by the AI Tools may contain errors or inaccuracies and it is your responsibility to evaluate the accuracy and completeness of the content provided. The content provided by the AI Tools should never be relied upon as the sole basis for making any decision to purchase Products and Services from us and under no circumstances will be be liable for any loss or damage caused by your reliance on the content provided by the AI Tools.
PARTICIPATION DISCLAIMER
Safe & Vault Store does not review communications and materials posted to or created by users accessing the Website, and is 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 Website, Safe & Vault Store 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 Website. However, Safe & Vault Store 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 Safe & Vault Store in its sole discretion
INTELLECTUAL PROPERTY
a.) Acknowledgement of Ownership. You agree that the Website contains proprietary information and material that is owned by the Company and that is protected by applicable intellectual property and other laws, including but not limited to trademark and copyright, and that you will not use such proprietary information or material in any way whatsoever except for use of the Website in compliance with these Terms. You agree not to exploit the Website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
THE USE OF ANY PART OF THE WEBSITE, EXCEPT FOR USE OF THE WEBSITE AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
b.) Copyrights and DMCA Policy. All copyrights in and to the Website are owned by the Company and/or its licensors. In accordance with the Digital Millennium Copyright Act ("DCMA), we will respond promptly to claims of copyright infringement that are reported to the designated Copyright Agent identified below. If you are a copyright owner, or authorized to act on behalf of a copyright owner, and you believe that your copyright rights have been infringed upon through the Website, please submit a notice following the procedures outlined below. Please note that the DMCA requires that your notice of alleged copyright infringement include the following information.
Failure to include all of the above information my result in delay of the processing of your complaint.
Any notice of alleged copyright infringement should be sent to our designed Copyright Agent:
C.) Trademarks. All Company trademarks, service marks, graphics, and logos used in connection with the Products and Services are trademarks or registered trademarks of the Company in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
USE OF COMMUNICATION SERVICES
Member Content. The Website may allow users to upload content, such as pictures, images and logos, along with links to third-party sites (collectively, "Member Content"). For Member Content that is covered by intellectual property rights, such as photos and videos, you grant us a non‑exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Website.
You will not post Member Content or take any action on the Website that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on the Website if we believe that it violates the Agreement. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks or any confusingly similar marks without our written permission. The Company reserves the right to cancel your right to access the Website (and to post Member Content) at any time, and in its sole discretion.
If you collect information from users, you will obtain their consent, make it clear you (and not the Company) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identification documents or sensitive financial information on the Website. You will not tag users or send email invitations to non‑users without their consent.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Website, or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in such Member Content, as contemplated under the Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or the Company's use of the Member Content (or any portion thereof) on, through or by means of the Website, will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Prohibitions as to Member Content. You warrant and agree not to do any of the following: post, upload, publish, submit, provide access to or transmit any Member Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances. You are solely responsible for all Member Content you post, transmit, or otherwise made available on or through the Website. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors and service providers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising out of or in connection with any violation of these Terms by you, any violation of applicable law or rights of a third part, or any Member Content you post, transmit, or otherwise make available on or through the Website. This indemnity obligation will survive the termination or expiration of your account and these Terms.
No compensation will be paid with respect to the use of any Member Content by Safe & Vault Store. Safe & Vault Store is under no obligation to post or use any Member Content you may provide and may remove any Member Content at any time in Safe & Vault Store’s sole discretion.
NOTICES
Safe & Vault Store may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Safe & Vault Store. Notice is effective immediately.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
You acknowledge and agree that all Products and Services purchased from Safe & Vault Store are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Safe & Vault Store’s sole obligation to you or any third party for any claim arising out of your purchase of Products and Services is the refund of amounts paid for those Products and Services.TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, SAFE & VAULT STORE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT SAFE & VAULT STORE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF SAFE & VAULT STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF INFORMATION PROVIDED BY YOU TO SAFE & VAULT STORE OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATION HEREIN DOES NOT IMPACT OR APPLY TO MANUFACTURER'S WARRANTIES ON SPECIFIC PRODUCTS.
THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, ATTORNEYS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU TO THE COMPANY IN CONNECTION WITH THE WEBSITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
Waiver and Indemnity. BY USING OUR PRODUCTS AND SERVICES, INCLUDING USE OF THE WEBSITE OR PLACEMENT OF AN ORDER WITH US, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THE TERMS, YOUR USE OF THE PRODUCTS AND SERVICES, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THE TERMS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, ATTORNEYS AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY'S CONCLUSION THAT A VIOLATION OF THE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THE TERMS.
THE PRODUCTS AND SERVICES, INCLUDING THE WEBSITE AND ITS CONTENT, ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
TERMINATION/ACCESS RESTRICTION
Safe & Vault Store reserves the right, in its sole discretion, to terminate your access to the Safe & Vault Store Website, including terminating any account you may have created through the Website, and the related Products and Services or any portion thereof at any time, without notice. These Terms are applicable to you upon your accessing the Website and/or completing the registration or shopping process. The provisions relating to intellectual property, disclaimer, limitation of liability, indemnification, severability, application law and legal venue shall survive termination.
SALES CONTRACT TERMS AND CONDITIONS
1) Applicability.
These Terms are the only terms that govern the sale of the goods ("Goods")by Company ("Seller") to you ("Buyer"). These Terms may be amended only by a written contract signed by both parties covering the sale of the Goods and such amendment shall only effect the terms that are expressly amended and all other terms and conditions herein shall remain in effect.
These Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, and communications, both written and oral. Notwithstanding anything herein to the contrary, these terms prevail over any of Buyer's general terms and conditions of purchase regardless of whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.
2) Delivery.
The goods will be delivered within a reasonable time after receipt of Buyer's purchase order subject to availability of finished Goods. Seller shall not be liable for any delays, loss, or damage in transit.
Unless otherwise agreed in writing by the parties, Seller shall deliver the Goods using Seller's standard methods for packaging and shipping such Goods.
Seller may, in its sole discretion without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's purchase order.
3) Non-Delivery.
Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
4) Shipping Terms.
Delivery of the goods shall be made Free On Board ("FOB") at the Seller's premises or Seller's distributor's premises. The Seller will make the goods available for collection at the Seller's premises and the Buyer will be responsible for all risks associated with the transport of the goods from the Seller's premises. The Seller is not liable for any damage or loss that occurs during transit. The Seller is not responsible for any delay in delivery.
5) Title and Risk of Loss.
Title and risk of loss pass to Buyer upon delivery of the Goods at the Delivery Point.
6) Inspection and Rejection of Nonconforming Goods.
Buyer shall inspect the Goods upon receipt ("Inspection Period"). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods within 4 days of the Inspection Period and furnishes such written evidence or other documentation as required by Seller. "Nonconforming Goods" Means only the following (i) product shipped is different than identified in Buyer's purchase order; or (ii) product's label or packaging incorrectly identifies its contents.
If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to the facility where the nonconforming Goods were shipped from. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer's shipment of Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point.
Buyer acknowledges and agrees that the remedies set forth in this section 6 are Buyer's exclusive remedies for delivery of Nonconforming Goods. Except as provided under this Section 6, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this agreement to Seller.
7) Price.
Buyer shall purchase the Goods from Seller at the prices (the "Prices") set forth on Seller's website as of the date of Buyer's purchase order.
All Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer, Buyer shall be responsible for all such charges, costs, and taxes; provided, that Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller's income, revenues, gross receipts, personnel, or real or personal property or other assets.
8) Returns and Cancellations.
Returns shall be handled in accordance with the General Returns Policy as outlined here.
DELAYS - DELIVERY & INTERRUPTION OF SERVICE
Safe & Vault Store shall not be liable for any delays in delivery of products, however caused, or for interruptions of service caused by strikes, riots, floods, inclement weather, acts of God, mechanical breakdown of transportation vehicle, loss of communication and or other signal transmission lines, or by any event beyond the control of Safe & Vault Store. Safe & Vault Store shall not be required to furnish service to you while such interruption shall continue.
EXCLUSIONS
Products and Services to be provided by Safe & Vault Store pursuant to these Terms do not include:
a.) Repair of damage or increase in service time caused by failure to continually provide a suitable operating environment with all facilities as prescribed by Safe & Vault Store and/or the equipment manufacturer, including, but not limited to, the failure of, adequate and regulated electrical power, air conditioning or humidity control; or such special requirements as contained in product specification as listed on the Website.
b.) Repair of damage or increase in service time caused by use of the equipment for other than the ordinary use for which the equipment was designed or purpose for which it was intended.
c.) Repair of damage, replacement parts (due to other than normal wear) or repetitive service calls caused by the use of unauthorized supplies or equipment.
d.) Repair of damage or increase in service time caused by: accident, disaster, which shall include, but not be limited to, fire, flood, water, wind and lighting; transportation, neglect or misuse, alterations, which shall include, but not be limited to, any deviation from Safe & Vault Store’s physical, mechanical or electrical machine design; attachments, which are defined as the mechanical, electrical or electronic interconnecting to non-Safe & Vault Store equipment and devices not supplied by Safe & Vault Store.
e. Electrical work external to the equipment or accessories furnished by Safe & Vault Store.
LIABILITY LIMITATION
It is understood that Safe & Vault Store is not an insurer; that insurance for whatever reason or purpose and in whatever amount shall be obtained by you, if any is desired; that the sums payable hereunder to Safe & Vault Store by you are based upon the value of service offered and the scope of liability undertaken and such sums are not related to the value of property belonging to you or to others located on your premises. You do not seek indemnity by the Terms from Safe & Vault Store and specifically waives any rights for indemnity for any damages or losses caused by hazards to you, Invitees, Guests, or property. Safe & Vault Store MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PRODUCTS AND SERVICES AND SYSTEMS IT DELIVERS FURNISHES WILL AVERT OR PREVENT OCCURRENCES, OR THE CONSEQUENCES THEREFROM, WHICH THE PRODUCTS, AND SERVICES, AND SYSTEMS ARE DESIGNED TO DETECT AND/OR PROTECT. You agree that Safe & Vault Store shall not be liable for any of your losses or damages, irrespective of origin, to person or property, whether directly or indirectly caused by performance or non-performance of obligations imposed by the Terms or by negligent acts or omissions of Safe & Vault Store, its agents or employees. To the fullest extent permitted by law, you hereby waive and release any rights of recovery against Safe & Vault Store that you may have hereunder. It is agreed that it is impractical and impossible to fix actual damages which may arise from situations where there may be a failure of services provided, due to the uncertain value of your property or the property of others kept on the protected premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system is designed to detect or avert. Due to the inability of Safe & Vault Store to establish a causal connection between products, systems or service problems and your possible loss, it is further agreed that if Safe & Vault Store should be come liable for any losses or damages attributable to a failure of systems or services in any respect, its total liability to you shall be limited to the actual amount you paid to Safe & Vault Store for Products and Services purchased hereunder, which you agree is reasonable. The payment of this amount shall be Safe & Vault Store’s sole and exclusive liability regardless of the amount of loss or damage incurred by you. No suit or action shall be brought against Safe & Vault Store more than one (1) year after the accrual of the cause of action therefore. Since it is agreed that you retain the sole responsibility of the life and safety of all persons in the protected premises, and for protecting against losses to his own property or the property of others in the protected premises, you agree to indemnify, defend and hold harmless Safe & Vault Store from any and all such claims and lawsuits including the payment of all damages, expenses, costs, and attorney fees incurred by Safe & Vault Store, its employees and agents, from and against all claims, lawsuits and losses, by persons not party to the Terms, against Safe & Vault Store for failure of its equipment or services in any respect, alleged to be caused by the improper operation of the system, whether due to malfunctioning or non-functioning of the system, or by the negligence, active or passive, of Safe & Vault Store.
SUCCESSORS
The Agreement is not assignable by you except upon the written consent of Safe & Vault Store, which consent will not unreasonably be withheld.
ENTIRE AGREEMENT
Our agreement is governed by these Terms. Nothing in the Terms is to be construed as creating a lease or leasehold agreement between the parties. The Terms are binding as of the acceptance of your paid order. This writing, together with acknowledged acceptance of other attachments pertaining to the Terms is intended by the parties as the final expression of their agreement with respect to the subject matter contained herein and also as the complete and exclusive statement of the terms of the Terms, notwithstanding any prior, contemporaneous or subsequent purchase order or other document relating to said subject matter. There is no course of dealing or usage of the trade what would supplement or conflict with its terms.
LEGAL VENUE
To the maximum extent permitted by law, the Terms, and any disputes arising from or related to these Terms or our Products and Services, are governed by the laws of the State of Washington without giving effect to any principles of conflicts of law, and the federal laws of United States, if applicable, and you hereby consent to the exclusive jurisdiction and venue of courts in Spokane County, Washington, U.S.A. for all such disputes. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Safe & Vault Store, as a result of your use of the Products and Services or information provided to or gathered by Safe & Vault Store with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, the Terms constitutes the entire agreement between you and Safe & Vault Store with respect to the Products and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Safe & Vault Store with respect to the Products and Services.
