Terms & Conditions
Welcome to www.etekcity.com. This website www.etekcity.com (“Site”) is comprised of various web pages operated by Etekcity Corporation ("Etekcity").Throughout the site, the terms “we”, “us” and “our” refer to Etekcity Corporation. Etekcity Corporation offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting www.etekcity.com (“site”) and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions ( “Terms & Conditions” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperli
Please read these Terms & Conditions carefully before agreeing to be bound by the terms. It is your responsibility to check these Terms & Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.
Intended for Users Over 13
We provide the Site for use by individuals 13 years of age and older. If you are under the age of 13, you may use the Site only with the assistance of a parent or guardian.
Visiting www.etekcity.com or sending emails to Etekcity constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
All content included on or comprising the Site, including trademarks, logos, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Etekcity owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way exploit any of the Content, in whole or in part , and to any other computer, website or other medium or for any commercial purpose, without Etekcity's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Etekcity reserves all rights not expressly granted hereunder. Etekcity expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
Certain services offered on or through the Site require you to first open a customer account ("My Account"). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify Etekcity immediately of any unauthorized use of your account or password, or of any other breach of security. You acknowledge that Etekcity is not responsible for third party access to your account that results from theft or misappropriation of your account. You may be held liable for losses incurred by Etekcity or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate li
Etekcity does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.etekcity.com only with permission of a parent or guardian.
Accuracy, Completeness and Timeliness of Information
We try to be as accurate as possible. However, we do not warrant that information made available on this site is accurate, complete, reliable, current or error-free. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
Occasionally there may be information on our site or in the Terms that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms or on any related website is inaccurate at any time (including after you have submitted your order).
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We undertake no obligation to update, amend or clarify information in the Terms or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Terms or on any related website, should be taken to indicate that all information in the Terms or on any related website has been modified or updated. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Terms.
Conditions of Sale and Payment Terms
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of maturity, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America or the District of Columbia, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.
Methods of Payment, Credit Card Terms and Taxes
All payments must be made by Visa, MasterCard, Discover, American Express, PayPal, Personal Check, Cashier’s Check and Money Order (this list of approved payment methods is subject to change by Etekcity in its sole discretion). Unless expressly set forth on the www.etekcity.com site, we do not accept any other form of payment. If we offer or accept any other form of payment for any particular transaction, then you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms & Conditions to determine your rights and liabilities as a cardholder. You, and not Etekcity, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Etekcity of any discrepancies within sixty (60) days after they first appear on your credit card statement, then you agree that they will be deemed accepted by you for all purposes. If Etekcity does not receive payment from your credit card issuer or its agent, then you agree to pay all amounts due upon demand by Etekcity or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Etekcity shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Massachusetts and any other states or localities where Etekcity deems that such withholding is required or advisable.
Order Acceptance Policy
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Etekcity reserves the right at any time after receipt of your order to accept or decline your order for any reason. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Return & Exchange Policy
Etekcity may accept return and exchange of products with limitations. For more details, please review our Returns Policy.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Etekcity has no obligation to monitor the Communication Services. However, Etekcity reserves the right to review materials posted to a Communication Service and to edit or remove any materials in its sole discretion. Etekcity reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Etekcity reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Etekcity's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Etekcity does not control or endorse the content, messages or information found in any Communication Service and, therefore, Etekcity specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Etekcity spokespersons, and their views do not necessarily reflect those of Etekcity.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
www.etekcity.com may contain li
Certain services made available via www.etekcity.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.etekcity.com domain, you hereby acknowledge and consent that Etekcity may share such information and data with any third party with whom Etekcity has a contractual relationship to provide the requested product, service or functionality on behalf of www.etekcity.com users and customers.
Third Party Accounts
You will be able to connect your Etekcity account to third party accounts. By connecting your Etekcity account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Terms is controlled, operated and administered by Etekcity from our offices within the USA. If you access the Terms from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Etekcity Content accessed through www.etekcity.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate ba
You agree to indemnify, defend and hold harmless Etekcity Corporation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. If you fail to assume such defense, then Etekcity may defend the action in any manner that it deems appropriate, and you agree to pay to Etekcity all costs, including reasonable attorneys' fees, that we incur in effecting such defense in addition to any sum that we may be required to pay by reason of any settlement or judgment against Etekcity.
Disclaimers of Warranties & Limitation of Liability
The site and all information, content, materials, products, and other services included on or otherwise made available to you through the site are provided by Etekcity on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind hereunder, express or implied, as to the operation of the site, or the information, content, materials, products, or other services included on or otherwise made available to you through the site. Your use of the site is at your sole risk.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site, information, content, materials, products, or other services included on or otherwise made available to you through the site, or our servers or electronic communications are free of viruses or other harmful components. we will not be liable for any damages of any kind arising from the use of the site, or from any information, content, materials, products, or other services included on or otherwise made available to you through the site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above may not apply to you, and you might have additional rights.
The entire risk from the use of the site, the use of any products and/or services offered on or in connection with the site, and/or the use of any content and/or digital downloads remains with you. in no event shall Etekcity or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of these terms & conditions or the use of or inability to use any products, services, content and/or digital downloads, arising out of or in connection with the delay or inability to use the etekcity.com site or related services, arising out of the provision of or failure to provide products or services, or in connection with any information, software, products, services and content obtained through the site, or otherwise arising out of the use of the etekcity.com site whether ba
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Terms, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Terms (or any part thereof).
Changes to Terms & Conditions
You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Terms following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.