Terms of Sale

Terms of Sale

Version 1.1, 2015-12-11

These terms of sale (“Terms”) apply to all sales offers by, and orders placed with, Libiquity LLC, a Limited Liability Company of the State of New Jersey, United States of America, (“Libiquity”) through the Libiquity Store Web site (“Libiquity Store”) or otherwise.

Order Acceptance

An order is not binding on Libiquity until it is accepted. No order shall be considered accepted until the product or products have been shipped or the services have been performed. Libiquity, at its discretion, may decline your order for any reason. If an order for services to be performed on property you have already shipped to Libiquity is declined (for example because the property submitted is ineligible for the services ordered), Libiquity will attempt to notify you, your property will be shipped back to you, and your order total price minus shipping charges will be refunded. If any other type of order is declined, Libiquity will attempt to notify you and your order total price will be refunded.

Security and Privacy

Libiquity takes data security and customer privacy seriously. Although nothing can be guaranteed to be 100% secure, Libiquity takes reasonable measures to protect sensitive data and personal information.

Libiquity complies with the technical and operational security requirements of the Payment Card Industry Data Security Standards (PCI DSS) 3.1 and works to maintain the security of its premises, computer networks, server and workstation systems, and system and application software. Vulnerability scans are performed on a regular basis by an Approved Scanning Vendor (ASV). Connections to the Libiquity Store use the industry-standard Transport Layer Security (TLS) protocol with X.509 authentication certificates and high-grade encryption. Payment card information is never stored by Libiquity or its computer systems.

Card payments made through the Libiquity Store are processed through a third-party payment processor that is compliant with PCI DSS 3.1. Your payment card information will be collected through the Libiquity Store and securely transmitted to Libiquity's payment processor. Your billing address will also be transmitted to Libiquity's payment processor for address verification to help protect you and other cardholders from fraudulent charges.

Personal information including your contact information, billing address, and shipping address will be stored by Libiquity. Libiquity may contact you to confirm order details, notify you of order shipments, or for other reasons relating to your order or purchased product(s). Libiquity will never sell or otherwise disclose your personal information to any third parties except as provided herein for the purposes of acquiring payments and shipping orders.

The Libiquity Store currently does not make use of any HTTP cookies (a.k.a. Web cookies or browser cookies). The Libiquity Store does not use Web bugs (a.k.a. Web beacons or pixel tags) for analytics, social sharing, or other purposes, that could allow a third party to track users.

Product Information

Libiquity makes every effort to provide accurate and current product information but does not guarantee the accuracy or currency of any such information. Photos, illustrations, and other images on the Libiquity Store are for illustrative purposes only and do not necessarily represent the actual products or services you may receive. Such photos, illustrations, and other images may depict optional or otherwise possible features. Product information is subject to change without notice.

Pricing

Prices are as stated and non-negotiable unless otherwise quoted. Prices are subject to change without notice at any time before your order is placed. If the advertised price of a product you purchased increases within 24 hours before you place an order that includes such product, you may contact sales@libiquity.com to request a refund of the difference between the price plus any applicable taxes you paid for such product and the previously advertised price plus any applicable taxes for such product. If the advertised price of a product you purchased decreases within 48 hours after you place an order that includes such product, you may contact sales@libiquity.com to request a refund of the difference between the price plus any applicable taxes you paid for such product and the later advertised price plus any applicable taxes for such product.

Payment Methods and Terms

For orders placed through the Libiquity Store, Libiquity accepts credit, debit, prepaid, and gift cards under any of the following brands: Visa, MasterCard, American Express, Discover, JCB, and Diners Club. Payment is due at the time the order is placed.

For orders not placed through the Libiquity Store, Libiquity accepts checks, money orders, and payments through PayPal. Payment is due after an invoice is sent and before the order is shipped, unless an authorized representative of Libiquity agrees in writing to other payment terms and such payment terms are specified in the invoice. Libiquity may delay acceptance and shipment of an order purchased by check until after the check clears.

Shipping

Prices advertised on the Libiquity Store do not include any shipping charges. Shipping charges will be billed as a separate item and paid by you. The carrier and shipping method will be chosen by Libiquity at its sole discretion. Libiquity reserves the right to combine shipments for multiple orders placed by you or make shipments in installments.

Libiquity may provide you with notification of shipment and an estimated delivery date. Any such delivery dates are estimates only and shall not constitute guarantees. Libiquity will not be liable for any failure to deliver by such dates.

Title and risk of loss or damage shall pass to you upon delivery of the product(s) by Libiquity to the carrier.

If a shipment is lost or damaged, you may file a claim with Libiquity at sales@libiquity.com within 30 calendar days of any shipment notification. You must retain any such damaged products with the container and all packaging. After validation of the claim, Libiquity may ship a replacement product or products.

Taxes

Prices advertised on the Libiquity Store do not include any taxes or charges imposed by any federal, state, local, or other government authority, including, but not limited to, sales tax, use tax, or excise taxes. Where applicable, such taxes and charges will be billed as a separate item and paid by you. Any such taxes and charges not collected by Libiquity are your responsibility.

Libiquity will collect sales tax on all orders to be shipped to states in which Libiquity has or may have nexus and has therefore registered to collect and remit sales tax. This currently includes only New Jersey. Note that sales tax in New Jersey applies to both the order subtotal price and shipping charges.

If an order placed through the Libiquity Store is to be tax-exempt, send your tax exemption certificate and order number to sales@libiquity.com within 48 hours after placing your order. After receipt of a valid tax exemption certificate, Libiquity will refund any taxes collected. If an order not placed through the Libiquity Store is to be tax-exempt, send your tax exemption certificate to sales@libiquity.com when requesting a quote or invoice. After receipt of a valid tax exemption certificate, Libiquity will omit any applicable taxes from your invoice. If your tax exemption certificate is not accepted for any reason by any government authority and Libiquity is required to remit any taxes on your order, you will reimburse Libiquity for the amount of any such taxes and any reasonable expenses incurred in collecting and remitting such taxes.

Returns

All sales are final. Except as otherwise provided in any applicable warranties, no returns will be accepted. Returns under warranties are subject to the terms and conditions of such warranties.

Warranties

To the extent permitted by law and unless an express warranty is explicitly named and offered in a product's advertising materials and included with such product, such product is sold “as-is” and without any warranties or representations of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

Except as provided in any applicable express warranties and to the extent permitted by law, in no event will Libiquity be liable for any direct, special, incidental, or consequential damages arising out of or relating to any product or shipment, including, but not limited to, loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property.

This limitation of liability applies whether a claim is made or damages are sought under this warranty or as a tort claim (including negligence and strict product liability), a contract claim, or any other claim. This limitation of liability shall apply even if Libiquity or an authorized representative of Libiquity has been advised of the possibility of any such damages. This limitation of liability shall not apply to death or personal injury claims.

Severability

If any of these Terms is held to be illegal, unenforceable, or otherwise inconsistent with local law, such Term shall be deemed modified to be consistent with such local law if possible and the legality or enforceability of the remaining Terms shall not be affected or impaired.

Modification and Waiver

Libiquity reserves the right to modify these Terms at any time without notice. You are responsible for reviewing these Terms before placing an order with Libiquity. In the event that Libiquity publishes a modification to these Terms, the above version and date will be updated accordingly.

No modifications or amendments to these Terms by you will be accepted by and binding on Libiquity unless an authorized representative of Libiquity agrees in writing to such modifications or amendments.

Libiquity's waiver of any of these Terms in any instance shall be limited to that Term and instance and shall not constitute a waiver of any other Terms or a waiver of such Term on any future occasion. Libiquity's failure to enforce any of these Terms or assert any rights hereunder shall not excuse any other breaches or constitute a waiver of such rights.