These General Terms and Conditions of Use ("Terms") are entered into by and between you and KINGERSONS, a FLORIDA corporation. “KINGERSONS” in this agreement means ADVANCE INFOTECH INC., whose principal place of business is at 121, Palm Breeze Drive, Edgewater, Florida - 32141, United States. In consideration of your use of and access to this Internet site (the "KINGERSONS.com Site"), and the promises and obligations herein, and intending to be legally bound, you and KINGERSONS hereby agree as follows:
KINGERSONS.com and it's affiliate websites are (but not limited to) air-conditioner-system.com, www.aconsale.com, www.minisplitacunit.com.
Your access to and use of the KINGERSONS.com Site and its affiliate website's is subject to these Terms, as well as any modifications issued by KINGERSONS to these Terms, and all applicable laws and regulations.
Among other things, KINGERSONS.com Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the KINGERSONS.com Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the KINGERSONS.com Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms.
KINGERSONS shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the KINGERSONS.com Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the KINGERSONS.com Site. You are responsible for reviewing the KINGERSONS.com Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by KINGERSONS to these Terms. ANY ACCESS OR USE OF THE KINGERSONS.com SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than KINGERSONS shall be valid or enforceable against KINGERSONS unless expressly agreed to by KINGERSONS in a writing signed by a duly authorized officer of KINGERSONS.
These Terms are effective until terminated by KINGERSONS. KINGERSONS may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the KINGERSONS.com Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
KINGERSONS shall also have the right without notice and at any time to terminate the KINGERSONS.com Site or any portion thereof, or any products or services offered through the KINGERSONS.com Site, or to terminate any individual's right to access or use the KINGERSONS.com Site or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the KINGERSONS.com Site and your purchase of the items on the KINGERSONS.com Site. You must be at least 18 years old to use the KINGERSONS.com Site and its affiliates.
5. Governing Law
CONSENT TO PERSONAL JURISDICTION: This Agreement shall be construed, interpreted, enforced and governed by and under the laws of State of Florida without regard for conflicts of laws principles. Buyer hereby expressly consents to the personal jurisdiction of the State and Federal courts located in the state of Florida for any lawsuit filed there againts the buyer by ADVANCE INFOTECH INC. arising from or reltaing to this agreement or product purchase. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with this Agreement shall be in Volusia County, Florida.
6. Buyer's Rights and Obligations
Buyer agrees to accept the goods and pay for them according to the terms further set out below.
i. Buyer agrees to pay for the goods: In full, by debit/credit card or check within 15-20 business days after delivery.
ii. Goods are deemed received by Buyer upon delivery to Buyer’s requested shipping address upon tracking confirmation.
Any payments delayed/declined/disputed after due date may result in 8% late payment interest for first month and 1.5% each month after first month. Also, Miscellaneous-processing charge of $250 will be charged for all late payments. Buyer/Signer agrees that in an event of non-payment, buyer agrees to pay all fees incurred including reasonable attorney fees in order to collect the foregoing.
iii. Buyer agrees to the responsibility of reading all product features and Terms And Conditions for each product before ordering. All Product details, features, return policy and warranty details can be downloaded from www.kingersons.com before ordering.
7. Website Content.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the KINGERSONS.com Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."
The Content may contain errors, omissions, or typographical errors or may be out of date. KINGERSONS may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on KINGERSONS in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by KINGERSONS or by third parties that have licensed their use to KINGERSONS. You may view and use the Content only for your personal information and for shopping and ordering on the KINGERSONS.com Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, KINGERSONS does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the KINGERSONS.com Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by KINGERSONS, is strictly prohibited.
8. Linked Third Party Sites.
Links to other Internet sites operated by third parties, including KINGERSONS vendors, do not constitute sponsorship, endorsement, or approval by KINGERSONS of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by KINGERSONS, and KINGERSONS is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
9. Prices; Orders.
All prices displayed on the KINGERSONS.com Site are quoted in U.S. dollars. KINGERSONS may restrict delivery to addresses within the United States and Canada. KINGERSONS will add shipping and handling fees and applicable sales/use tax. Under unforseen circumstances KINGERSONS reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the KINGERSONS.com and its affiliates without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the KINGERSONS.com Site do not imply endorsement of that product or service, or constitute a warranty, by KINGERSONS.
The receipt by you of an order confirmation does not constitute KINGERSONS's acceptance of an order. Prior to KINGERSONS's acceptance of an order, verification of information may be required. KINGERSONS reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from KINGERSONS, for any reason. KINGERSONS reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, KINGERSONS shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, KINGERSONS shall promptly issue a credit to your credit card account.
10. Disclaimer and Limitation of Liability
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE KINGERSONS.com SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE KINGERSONS.com SITE.
UNDER NO CIRCUMSTANCES SHALL KINGERSONS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF ANY KINGERSONS PRODUCTS/MERCHANDISE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF KINGERSONS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We want you to be completely satisfied with your KINGERSONS.com purchase. If for any reason you are not entirely pleased with a product you purchased on the KINGERSONS.com Site, simply return the item within 15 days of receipt for exchange or request a refund as per return policy. After 15 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY KINGERSONS ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. KINGERSONS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, KINGERSONS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE KINGERSONS.com SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL KINGERSONS'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless KINGERSONS, KINGERSONS's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the KINGERSONS.com Site. The foregoing indemnification obligation shall survive termination of these Terms and the KINGERSONS.com Site and any product or service provided to you arising out of or relating to your use of the KINGERSONS.com Site.
Except as otherwise expressly provided herein or in the KINGERSONS PRIVACY STATEMENT posted on the KINGERSONS.com Site, any communication or material you transmit to the KINGERSONS.com Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by KINGERSONS, KINGERSONS vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Your credit card and personal information WILL NOT BE SHARED. Furthermore, KINGERSONS, KINGERSONS vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the KINGERSONS.com Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by KINGERSONS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
KINGERSONS shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.