NOTICE
All information available on
this page only applies when read in its original language
of English (U.S.A). No interpretation or translation of
any kind other than that originally intended in the
original language of English (U.S.A.) will apply.
His-Tamper.com is not responsible for any
misinterpretation or mistranslation of the privacy policy,
the terms of sale or the terms of service or any part of
this page or any page within this entire website.
SOLICITATIONS FOR PERSONAL
INFORMATION
We will NEVER ask for you to email us your credit
card number or other personal information. DO NOT
reply to any such request if you receive one. You can rest
assured any such request is NOT from HIS-Tamper.com!
However, from time-to-time we may require you to fax a copy
of your credit card for verification and security purposes
which would only be an attempt to protect you.
INFORMATION
WE COLLECT
At HIS-Tamper.com, our attempt is to provide you with the
best possible online shopping experience. We strive to fill
your orders exactly as you've requested. In order to do this,
we collect information that allows us to:
- Process and track your order
- Provide the services you request
- Contact you about the status of an
order
- Provide information concerning the
product you purchased
- Improve our merchandise selection
and customer service
YOUR
PRIVACY RIGHTS
We contract with other companies to provide certain services,
including credit card processing, shipping, name and address
verification, limited email distribution, market research
and promotions management. We provide these companies with
only the information they need to perform their services and
work closely with them to ensure that your privacy is respected
and protected according to law.
COOKIES
As with many other online websites providing a service or
product, we use "cookies" to identify your online presence
when you place an order both for our and your protection.
These "cookies" have your name and address and your shipping
address. If we include additional information to the "cookies"
in the future, we will list the added information in this
space.
SPAM
FILTERS
Please allow emails from "...@his-tamper.com" in your Spam
Filter software. We like to acknowledge your order and let
you know when your order has shipped.
PRIVACY
POLICY
UPDATES
All updates to this policy will be posted in this space. Last
update: May 18, 2010
TERMS
OF SERVICE (TOS)
Welcome to
His-Tamper.com (the "Site"), which is owned by HIGHER
INNOVATIVE SOLUTIONS LLC doing business as His-Tamper.com
("His-Tamper.com"). "You" and "your" refer to the user of
the Site; "we," "us" and "our" refer to
His-Tamper.com.
PLEASE READ THE FOLLOWING TERMS OF SERVICE (INCLUDING THE
LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER
PROVISIONS BELOW) CAREFULLY BEFORE USING THE SITE OR USING
OUR OTHER SERVICES. By using the Site or other services,
you agree to these Terms of Service. If you do not agree
to these Terms of Service, you may not use the Site or
other services. We reserve the right, at any time, to
modify, alter, or update these Terms of Service by posting
revised versions on the Site, and you agree to be bound by
such modifications, alterations, or updates once we post
them.
All purchases of goods or services from or through
His-Tamper.com, whether via the Site, by phone, or
otherwise, are governed by the Terms of Sale below.
All purchases of goods or services from or through
His-Tamper.com, whether via the His-Tamper.com web site,
by phone, or otherwise, are governed by these Terms of
Sale. "You" and "your" refer to the user of the Site;
"we," "us" and "our" refer to His-Tamper.com.
Shipping and Delivery Unless otherwise specified in the
terms of a promotion, shipping costs vary based on
product, weight and distance. Remote areas may incur an
additional shipping and installation charge.
RESTOCKING FEE
All cancelled orders and order exchanges are subject to a
10% restocking fee. Return shipping on cancelled orders is
the responsibility of the customer. The actual cost of the
original shipping will not be refunded. Orders held and
then cancelled are subject to monthly storage fees.
Returns are not accepted after 30 days from delivery.
MANUFACTURER'S WARRANTY; DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL
DAMAGES
All products purchased from His-Tamper.com are covered
by the manufacturer's warranty described at the
following page:
http://his-tamper.com/warranty.htm. The
remedies set forth there are your sole and exclusive
remedies for any breach of the manufacturer's
warranty.
To the maximum extent permitted by law, His-Tamper.com
DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE,
INCLUDING WITHOUT LIMITATION WITH RESPECT TO GOODS OR
SERVICES PURCHASED FROM OR THROUGH His-Tamper.com WHETHER
SUPPLIED BY
His-Tamper.com OR ANY THIRD PARTY.
IN NO EVENT WILL THE LIABILITY OF His-Tamper.com ARISING
IN CONNECTION WITH OR UNDER THESE TERMS OF SALE EXCEED THE
PURCHASE PRICE OF THE GOODS OR THE FEES FOR ANY SERVICES
PROVIDED BY His-Tamper.com TO WHICH ANY CLAIM OF LIABILITY
IS RELATED.
IN NO EVENT SHALL His-Tamper.com BE LIABLE FOR INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THESE TERMS OF SALE OR THE SALE OF
GOODS OR THE PERFORMANCE OF SERVICES INCLUDING, WITHOUT
LIMITATION, BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION
IMPOSED ON His-Tamper.com UNDER OR IN CONNECTION WITH THIS
AGREEMENT, and including, without limitation, loss of use,
loss of customers, income or profit, and damages or losses
resulting from claims of other persons against you.
USE OF THE SITE
The Site may be used solely for lawful purposes, and may
not be used in such a manner as to violate any applicable
law. The Site may not be used for the purposes of
destroying, disrupting or interrupting any software,
hardware or any part of the Internet, with respect to
His-Tamper.com or any other party, including denial of
service attacks, imposition of an unreasonable or
disproportionately large load on infrastructure, or virus
dissemination. No user may use any robot, spider or other
automated device to monitor or copy the web pages of the
Site or its contents without the express written
permission of His-Tamper.com. We reserve the right to
prohibit use of the Site by any user who, in our sole
discretion, violates any of these Terms of Service.
LINKS TO OTHER SITES
The Site may contain links to other Web sites.
His-Tamper.com has no control over, or responsibility or
liability for, the contents or performance of other Web
sites. Any such links do not necessarily constitute an
endorsement of, or any representation regarding, the
linked Web site, its content, its owner, its performance,
or its owner's products or services.
COPYRIGHT AND
TRADEMARK INFORMATION
The Site and all information and materials on the Site
(the "Content") , including site design, text, images,
graphics, interfaces, and the selection and arrangement of
elements on the Site, is owned by His-Tamper.com or its
content providers, and is protected by copyright and other
U.S. and foreign intellectual property laws. Permission is
granted to individual consumers to electronically copy and
to print hard copy portions of the Site for the sole
purpose of using the Site as a shopping resource. Any
other use of materials on the Site, including reproduction
for purposes other than those noted above, modification,
distribution, or republication, any form of data
extraction or data mining, or other commercial
exploitation of any kind, without prior written permission
of an authorized officer of His-Tamper.com, is strictly
prohibited. Users agree that they will not use any robot,
spider, other automatic device, or manual process to
monitor or copy the Site, the Content, or any portion
thereof without prior written permission of an authorized
officer of His-Tamper.com.
The service marks and trademarks of His-Tamper.com may not
be used in connection with any product or service that is
not provided by His-Tamper.com, in any manner that is
likely to cause confusion among customers, or in any
manner that disparages or discredits His-Tamper.com.
The trademarks and service marks of third parties that are
displayed on the Site are the trademarks of their
respective owners, and are not intended to imply any
endorsement of such third parties or their goods or
services or any affiliation between His-Tamper.com and
such parties.
His-Tamper.com disclaims any responsibility for the
content of any third party materials provided through or
on the Site or other services. His-Tamper.com desires to
respect all copyrights and to respond accordingly when
notified of the infringement of those rights.
DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL
DAMAGES
You use the Site and the Content at your own risk and
discretion. You will be solely responsible for any damage
to your computer system, loss of data, or loss due to your
use of the Site or the Content or your reliance upon the
Content.
His-Tamper.com shall not be responsible or liable for any
damage to your computer equipment, software, or other
property as a result of your downloading, viewing, or
otherwise using the Site, or any other site to which the
Site is linked.
His-Tamper.com shall not be responsible or liable for any
actions taken, either wholly or in part, based on the
information provided on the Site, or for any loss, damage,
expense or injury resulting from any transactions
conducted with any online merchant or other third party
listed on His-Tamper.com. The Site and the Content and the
information and materials available through our other
services, including, without limitation, all text,
graphics, and links, are provided on an "AS IS" and "AS
AVAILABLE" basis. To the maximum extent permitted by law,
His-Tamper.com DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
His-Tamper.com MAKES NO WARRANTY THAT (i) THE SITE OR THE
CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE
CONTENT WILL BE ACCURATE, COMPLETE OR CURRENT; (v) THE
SITE WILL BE FREE FROM ANY VIRUS, WORM OR OTHER MALICIOUS
CODE, AND (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES
THE SITE WILL BE CORRECTED.
In addition, since His-Tamper.com cannot verify all
information provided by third parties, and errors in
gathering or reporting such information may occur due to
the large volume of merchants using the Site with many
different products and services, His-Tamper.com does not
represent or warrant that the information accessible via
the Site or other services is always accurate, complete or
current, and shall not be liable for or responsible to
honor (or to cause any merchant to honor) any erroneous
information regarding the price, description and
availability of, or any discounts, offers, promotions and
coupons relating to, any product or service offerings
available on our Web site or through our other services.
Furthermore, due to the dynamic nature of online shopping,
all information regarding such matters is subject to
change without notice. His-Tamper.com SHALL NOT HAVE ANY
LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE,
EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE
UPON INFORMATION OBTAINED FROM OR THROUGH His-Tamper.com's
SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR
SERVICES, whether or not they were accessed via the Site
or other services.
IN NO EVENT WILL THE LIABILITY OF His-Tamper.com ARISING
IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE EXCEED
THE PURCHASE PRICE OF THE GOODS OR THE FEES FOR ANY
SERVICES PROVIDED BY His-Tamper.com TO WHICH ANY CLAIM OF
LIABILITY IS RELATED.
IN NO EVENT SHALL His-Tamper.com BE LIABLE FOR INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THESE TERMS OF SERVICE INCLUDING,
WITHOUT LIMITATION, (i) BREACH OF ANY
WARRANTY OR ANY
OTHER OBLIGATION IMPOSED ON His-Tamper.com UNDER OR IN
CONNECTION WITH THESE TERMS OF SERVICE; (ii) THE USE OF OR
INABILITY TO USE THE SITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR
ELSEWHERE; and including, without limitation, loss of use,
loss of data, loss of customers, income or profit, and
damages or losses resulting from claims of other persons
against you.
His-Tamper.com shall not be liable for any failure to
perform under these Terms of Service where such failure
results from any cause beyond the reasonable control of
His-Tamper.com, including but not limited to mechanical,
electronic, or communications failure or degradation.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, those
provisions set forth above may not apply to you. You may
also have other legal rights that vary from state to
state.
OTHER TERMS
These Terms of Sale are governed by the laws of the State
of Arizona, without giving effect to any choice of law
rules. The exclusive jurisdiction and venue of any action
related to these Terms of Sale will be the state and
federal courts in Maricopa County, Arizona, and you submit
to the personal jurisdiction of such courts and waive any
objection to venue there based upon inconvenient forum or
otherwise. These Terms of Sale, together with the Terms of
Service, the Limited Warranty, the Privacy Policy, and any
written agreement between you and His-Tamper.com
concerning your participation as a Member or in any
program or service offered by His-Tamper.com, constitute
the entire agreement and understanding between us
regarding the subject matter hereof, and may only be
modified as provided above. If any provision of these
Terms of Service shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially
unenforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum
permissible extent. You agree that these Terms of Sale and
Terms of Service and any other agreements referenced
herein may be assigned by His-Tamper.com, in its sole
discretion, to a third party in the event of a merger or
acquisition. These Terms of Sale shall apply in addition
to, and shall not be superseded by, any other written
agreement between us relating to your participation as a
His-Tamper.com Member or participation in any other
program or service offered by His-Tamper.com.
These Terms of Sale and Service were last modified on May
18, 2010. ©
HIGHER INNOVATIVE SOLUTIONS LLC. All Rights Reserved.
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