Terms and Conditions

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Terms and Conditions

INTRODUCTION

This Agreement contains the complete terms and conditions that apply to you in joining, buying, selling, and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

Use of the site & prohibitions

The Site allows you to advertise, and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.

SHIPPING ADDRESS

Transponder island inc has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by transponder island inc prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Transponder island inc has all the discretion to cancel or deny orders. Transponder island inc is not responsible for pricing, typographical, or other errors in any offer by transponder island inc and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, transponder island inc reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

Refund policy

We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. However, if “non-faulty” accounts are canceled within two weeks of the first payment a full refund, will be given.”

Risk of loss

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. Product pricing & descriptions The list price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the list price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do match other distributors' prices if they have lower prices on an item and they do not have current stock. We do not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered on our website is not as described, your sole remedy is to return it in unused condition.

Editing, deleting and modification

We may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, visit and shopping in our site following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

Acknowledgment of rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the intellectual property rights, in and to the site, and that you will not acquire any right, title, or interest in or to the program except as expressly set forth in this agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through the use of or access to the program or proprietary information related thereto.

Fraud

Fraudulent activities are highly monitored in our site and if fraud is detected transponder island inc shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

Warranty disclaimer and limitations of liability

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the program will not exceed usd2,000 or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the program or any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.

Transponder Island is not an authorized dealer of these automotive parts (the “Products” or “Parts”). This may affect the applicability of certain manufacturer warranties relating to the Part and the vehicle with which it is used, as well as the availability of dealer and customer support. Transponder Island makes no representations about the applicability of or impact on any warranty or dealer/customer support relating to the Products, including but not limited to manufacturer warranties which limit or disclaim coverage for parts purchased outside an authorized chain of distribution.The Parts may not have been specifically intended for the U.S. market. The Parts may not be “genuine” as that term is defined by the respective manufacturer and or owner of any relevant mark. The Parts are not intended for warranty repairs.

Transponder Island makes no representations about any similarities or differences between the Parts and any parts sourced through a manufacturer’s authorized chain of distribution, including but not limited to any Part’s specifications, warranty coverage, or packaging.

By purchasing the Products, you represent and warrant that you are legally permitted to purchase The Parts from Transponder Island, including that you are not under any obligation, contractual or otherwise, preventing you from purchasing, selling, or installing the Parts on any vehicle, including any agreements with any automotive manufacturer, authorized distributor of automotive parts, dealership, or an affiliated entity. You further represent and warrant that you will comply with any such contractual obligations with third parties, including as it may relate to disclosing the identity and origin of the Parts and the implications thereof.

You, your customers, and end-users, should not associate any trademarks relating to the Products, including on the Products themselves, their packaging, and/or instructional materials, with any registered or otherwise protectable U.S. trademarks. Any similarity between marks on the Products and any such U.S. trademarks is not indicative of any association between the Products and the owner of such marks, including that the Parts are not sponsored, approved by, managed, and/or affiliated with the owner of any U.S. trademark.

This disclaimer must be provided in writing, on any invoice as well as at the time of purchase, to all downstream customers and end-users of the Parts, including the vehicle owner, and must be consistently and prominently included in any disclosures or sales material.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a program is proprietary information of transponder island inc. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Non-waiver

Failure of the transponder island inc to insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions, and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

Miscellaneous

This agreement shall be governed by and construed in accordance with the substantive laws of Westlake Ohio, without any reference to conflict-of-laws principles. Any dispute, controversy, or difference which may arise between the parties out of, in relation to, or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Westlake Ohio, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these terms and conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these terms and conditions shall remain valid and enforceable according to its terms.

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