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Terms and Conditions for Flexfire LEDs

GENERAL TERMS AND CONDITIONS

By accepting our terms and conditions, you also agree to our Returns and Warranty Policy and our Shipping Policy.

Returns and Exchanges

Easy Shipping Procedures

Upon purchase of any product from Flexfire LEDs, either through a distributor, through the website, or through a phone order, you are agreeing and are held to the terms and conditions of the Flexfire LEDs.

PLEASE TAKE A FEW MINUTES TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. BY USING THIS WEBSITE YOU AGREE TO FOLLOW THESE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

Specifically these Terms and Conditions apply to your use of this website and all sales entered into through this website. For all such sales the seller is Flexfire LEDs, Inc. (“Flexfire LEDs”). Flexfire LEDs operates and maintains this website.

These Terms and Conditions may be updated or modified at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions often. These Terms and Conditions were last updated Feburary 14th, 2014. 

Limitation of Liability

Flexfire LEDs operates this website without representations or warranties of any kind. To the full extent permitted by law, Flexfire LEDs disclaims any and all representations and warranties with respect to this website and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. 

Without limiting the foregoing, Flexfire LEDs does not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current or that the website will operate without interruption or error. Flexfire LEDs disclaims any liability as to the accuracy or completeness of each item description. 

Flexfire LEDs assumes no risk or responsibility for your use of any of the content provided on this website. Under no circumstances shall Flexfire LEDs or any of its employees, directors, officers, agents, vendors, or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use or inability to use the website. 

Flexfire LEDs makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States. 

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract, negligence, or other tortuous action, even if an authorized representative of Flexfire LEDs has been advised or should have known of the possibility of such damages. 

If you are dissatisfied with this website or any of its content, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of it is at your sole risk. 

If you are dissatisfied for any reason with a purchase made from the website and that purchase is not covered by warranty, your sole and exclusive remedy is to return the items purchased; provided such return is in accordance with the return policy.

FLEXFIRE LEDS.COM ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO PERSON OR PROPERTY FOR DAMAGE CAUSED BY OR RESULTING FROM THE MISUSE OF ANY PRODUCT PURCHASED FROM THIS WEBSITE (OR FROM AN AFFILIATE WEBSITE). 

YOU MUST CONSULT A PROFESSIONAL ELECTRICIAN BEFORE ATTEMPTING TO INSTALL ANY PRODUCTS YOURSELF OR HANDLE ELECTRICAL EQUIPMENT. FLEXFIRE LEDS IS NOT RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF OUR PRODUCTS.

IF BY CHANCE A PRODUCT IS DEFECTIVE, FLEXFIRE LEDS IS NOT RESPONSIBLE FOR ANY COSTS INCURRED FOR INSTALLATION OR LOST TIME.

Order and Payment Details.

The price offered for the items in your cart at the time you “check out” is binding. If an item is subject to a special offer, then such offer shall depend on the terms of that offer being met. Before you enter your payment information, you will be shown the total charges for your purchase, including amounts charged for shipping and sales tax, if applicable.

Payment must be made by credit card and your card will be charged when the goods are ordered. Flexfire LEDs accepts Visa, Mastercard, American Express, and Discover.  Both the billing address of such credit card and the shipment address must be within the United States or within Canada. You may also pay wth Google Checkout or Paypal.  Please contact us if you would like to make an international purchase using a method other than Google Checkout or Paypal. Any transmission of your payment information will be encrypted by the SSL process (Secure Socket Layer), which is currently the most widely-used and secure data transmission process on the internet.

Flexfire LEDs may cancel or modify any order for any reason whatsoever, including, for example, to limit the order quantity to an amount that is usual and customary. 

In some circumstances our Fraud Detection Unit may contact you to verify your order. If verification is not possible your order will also be cancelled. Flexfire LEDs will notify you if your order will be canceled or modified. 

Sales Tax

If your order is shipped within California, Flexfire LEDs will add applicable sales tax to your order. For shipments to all other states or jurisdictions, it is your responsibility to pay the applicable sales or use tax, if any, attributable to your online purchases in the manner specified by such state or jurisdiction. Contact us if you would like to apply your California reseller certificate to any order. 

Limited Warranty on Purchased Items

All products sold by Flexfire LEDs and shipped within the 50 United States, Canada, and Mexico come with a limited warranty. This warranty is valid for 2 years from the time of purchase and covers any product failures that were installed and connected properly by a certified electrician and that fail during normal use. This limited warranty does not include product failures that are the result of 1) not using a voltage regulated power supply to connect the LED product or controls; 2) connecting LED products to the wrong Output Voltage; 3) improper connection of power supplies, LED products, or controls; 4) connecting LED products or controls directly to any A/C power source; 5) connecting power supplies backwards to an A/C power source; 6) using products in an extremely hot environment and/or without adequate ventilation as overheating will cause the LEDs to fail; 7) water damage to products not specifically sold as waterproof products; 8) electrical power surges; 9) damage from lighting or electrical storms; 10) damage from hail, flooding, tornado, fire, wind, earthquake; 11) damage caused by a vehicle or other accident; 12) damage caused when transporting the item; 13) damage to any products that were modified by the user, used for purposes other than as intended or directed, or connected to LED systems or components not purchased from Flexfire LEDs. 

This limited warranty also expressly excludes coverage for excessive wear and tear and/or physical or accidental abuse, loss, or theft. Improper repair or warranty service performed by someone other than Flexfire LEDs will void this warranty. Buyer is responsible for the safe transport of any item sent to Flexfire LEDs for warranty service. 

If you have an item you believe to be faulty, contact Flexfire LEDs immediately and request tech support. You may be required to provide photos, videos, descriptions of the item(s) not performing properly. It is Flexfire LEDs goal to troubleshoot thoroughly to eliminate any unnecessary time or hassle on behalf of the customer. Failing to comply and provide the information requested my Flexfire LEDs will result in a void of warranty.

If a product is deemed faulty by a technician/representative then a shipping label and RMA form will be sent out immediately. Once Flexfire LEDs received the product, we will test the item(s) to figure out what has happened with the product.  

Flexfire LEDs will NOT provide replacement items before the original items have been returned, tested, and deemed faulty. If you need a replacement item while the return process is taking place, then you can repurchase the items. Once the testing process is complete and assuming the product is faulty, a refund will be issued for the purchase price of the product. Flexfire LEDs will not refund shipping costs on replacement items.

If the product is found to be working properly and the error lies in the installation, other non-Flexfire LEDs products being used; then the product will be returned to the customer. If the customer has paid for a replacement item while the return process is being processed and the original product is found to be working properly, then the customer will receive the original product back and no refund.

Buyer’s sole right under this warranty is for repair or replacement of the defective item. 

This warranty is not transferable and applies only to the original purchaser of such items; provided that products purchased from authorized FlexFireLED resellers will also include the above limited warranty, which shall be valid from the latter of a) two years from the date such item was purchased wholesale from Flexfire LEDs or b) one year from the date such item was purchased from the FlexFireLED reseller. Proof of purchase may be required. 

For warranty service please contact: info@Flexfire LEDs.com use “warranty” in subject line

Trademark/Copyright

All of the content you see and hear on the website, including, for example, the images, graphics, audio clips, video clips, and text (including but not limited to the names Flexfire LEDs, Flexfire LEDs.com, Colorbright, and Ultrabright), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Flexfire LEDs. Flexfire LEDs reserves all rights with respect to such property.

You may not copy, download, reproduce, distribute, transmit, modify, publish, transfer, or create derivative works from any of the content of the website, any package materials, or any promotional materials without first obtaining written permission from Flexfire LEDs. 
Flexfire LEDs does not want to receive confidential, proprietary or trade secret information through the website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas, or comments sent to Flexfire LEDs (other than personal information sent in connection with your order and subject to our privacy policy) will be deemed non-confidential. By submitting any such information, you are granting Flexfire LEDs an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever. 
Links

Links to other websites are provided for your convenience only. Flexfire LEDs does not make any representations or warranties about any website you may access through this website. Any such website is independent from Flexfire LEDs and Flexfire LEDs has no control over, or responsibility with respect to, the information provided or activities undertaken by such website. Nor does any such link mean Flexfire LEDs endorses such website. You need to make your own independent decisions regarding your interactions or communications with any other website. 

Images

Flexfire LEDs has done its best to display as accurately as possible the colors of the products shown on the website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Additionally, some items may appear slightly larger or smaller than actual size due to screen defaults and photographic effects. Other items may be represented at larger than actual size to clearly show details or smaller than actual size to show the entire item. 

Personal Data

For information regarding the type, scope, and purpose of collecting, processing, and using your personal data and your rights with respect to such data please see our privacy policy.

Jurisdiction:

By accessing this website you agree with Seller that the statutes and laws of the State of California, without regard to conflict of laws, will apply to all matters relating to use of the website and to any orders purchased through the website. You agree that your use is subject to all applicable laws, as governed and interpreted pursuant to the laws of the State of California. 

As a visitor to the website, you are responsible for your own compliance with local laws regarding website use and access.


NOTICE OF ARBITRATION AGREEMENT:
This Agreement provides that all disputes between you and Flexfire LEDs will be resolved by BINDING ARBITRATION.
You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).
*Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
* You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
*Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
Additional Details Are in the Section Titled “Agreement to Arbitrate”--Below

Agreement to Arbitrate 

In the event of any dispute between you and Flexfire LEDs, such dispute shall be settled by BINDING ARBITRATION in accordance with the rules of the American Arbitration Association (www.adr.org). You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (unless such dispute is eligible for small claims court). In binding arbitration your rights are determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject only to VERY LIMITED REVIEW by a court. Where reasonable, proceedings shall take place through a desk arbitration, telephone conference, and/or electronic document transmission. If an in-person hearing is required, such hearing shall take place in LOS ANGELES, CALIFORNIA. 

The prevailing party in such arbitration shall be entitled to reimbursement of attorneys= fees, costs, and expenses incurred in connection with such arbitration. All decisions of the arbitrator shall be final, BINDING, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to enforce the arbitrator's decision.

Any claim filed in small claims court shall be filed in the Santa Ana branch of the Orange County Court. 

Notices: 

Notices sent to Flexfire LEDs shall only be valid if sent by email (with return receipt confirmation) to: info@FlexfireLEDs.com or U.S. first class mail or Federal Express to the following address: 

Severability Clause

Should one or several provisions of these Terms and Conditions be or become completely or partially invalid or unenforceable, this shall not affect the validity of all other provisions or agreements thereof.