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IPEVO Terms of Purchase

Date Posted: [2019-02-01]

These Terms of Purchase (the “Purchase Terms”) are a legal agreement between you and IPEVO Inc. (“IPEVO”, “we”, “Company”,"we" or “us”). These Purchase Terms govern your purchase of all hardware, software, accessories, products and services available at https://www.ipevo.com/ (“Site”) (collectively the products and services are referred to as “Products”). If you submit an order to purchase Products through the Site, you signify your consent to these Purchase Terms as well as the IPEVO Website Terms of Use located at https://www.ipevo.com/terms-of-use.

1. Additional Terms.

Additional terms, such as software licenses and limited warranties, may be provided on the Site or made available to you with the Products (“Additional Terms”). If Additional Terms conflict with these Purchase Terms, these Purchase Terms will govern. Any additional or different terms or conditions contained in any purchase order or other documents provided by you are considered material alterations to these Purchase Terms, expressly rejected and will not be binding upon Company.

2. Eligibility.

You must be 18 years of age or older and located in the United States in order to purchase Products under these Purchase Terms. By purchasing a Product, you represent and warrant that you are a United States resident and at least 18 years of age. If we discover or have any reason to suspect that you are not at least 18 years of age or located in the United States, we reserve the right to cancel your order(s).

3. Prices and Price Changes.

Prices stated on the Site exclude all federal, state and local sales, use, and excise taxes and third party charges (e.g., shipping), unless stated otherwise. You are responsible for any taxes and for all other charges (e.g., third party charges). All prices listed on the Site are in U.S. Dollars unless expressly stated otherwise.

4. Fees and Payment.

You will pay Company the prices listed on the Site for all orders for Products submitted through the Site. If you purchase a Product, you authorize us or any third party that processes payments for us to use the payment method you select at the time you submit your order. You acknowledge and agree that Company is not responsible for any third party Payment processor. We may process the payment at the time of order submission or later, such as at the time when we ship the Product. You agree that we may retain your credit card or other payment information for future purchases.

5. Your Billing Information.

You agree to provide accurate contact and billing information and to update it so that it remains accurate. If your billing information is not accurate or you change your payment method and we cannot process a payment, we may cancel the order. If you notify us that you would like to change your payment method, your notice to us will not affect charges we submit before we reasonably could act on your request.

6. Availability.

You may purchase Products if and when they are available. We do not guarantee availability of any Product. We will use commercially reasonable efforts to meet requested delivery times but doe not guarantee delivery by a stated time and is not responsible for any damages due to delays or the failure to meet a stated delivery schedule.

7. Cancellation of Orders.

Unless otherwise provided by applicable law or pursuant to a limited warranty provided in or with a Product, all purchases are final and charges are earned once the order is submitted, the order may not be cancelled. We may cancel a Product order, for any reason at any time; provided that if you have already paid for the Product, we will refund you the amount you paid to us.

8. Product Descriptions, Product Returns and Refunds.

Please refer to our Limited Warranty and Refund Policy available at http://support.ipevo.com/warranty (“Warranty and Refund Policy”) for the terms and conditions of Product returns, refunds, and warranty. We attempt to display and describe Products accurately. However, we do not warrant that Product descriptions (including images) are accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition in accordance with our Limited Warranty and Refund Policy.

9. Shipping and Risk of Loss.

If you order a Product that will be shipped to you, the title and risk of loss transfers to you when it is delivered to our carrier for shipment to you. You are solely responsible for inspecting the Product upon receiving delivery of the Product. If you believe the Product is defective pursuant to our Warranty and Refund Policy, please follow the process set forth in our Warranty and Refund Policy to return the Product for exchange or refund (as applicable).

10. Warranty Disclaimer.

EXCEPT FOR THE LIMITED WARRANTY STATED IN IPEVO’S LIMITED WARRANTY AND REFUND POLICY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. COMPANY AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

11. Disclaimer of Certain Damages.

YOU AGREE THAT IN NO EVENT WILL IPEVO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE PURCHASE TERMS OR THE PRODUCTS. THE FOREGOING LIMITATION MAY NOT APPLY TO YOU AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.

12. Limitation of Liability and Exclusive Remedies.

IN ADDITION TO THE ABOVE WARRANTY AND DAMAGE DISCLAIMERS, IPEVO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE PURCHASE TERMS AND THE PRODUCTS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT(S). THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AS SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF DAMAGES.

13. Dispute Resolution.

For any dispute or claim you may have arising out of or relating to Products or these Purchase Terms, you and we will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution. Notice to us will be sent to the contact in Section 17. We will attempt to notify you in writing if we have your email or mailing address. You and we each agree to negotiate disputes and claims in good faith.

14. Governing Law.

The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Purchase Terms. California law will govern the interpretation of these Purchase Terms and applies to all claims under or for breach of it or relating to the Product (regardless of conflict of laws principles).

15. Changes to these Purchase Terms.

Company reserves the right to change these Purchase Terms at any time. You are advised to check these Purchase Terms from time to time for any updates or changes that may impact you. Your submission of an order for a Product after the effective date indicates your acceptance of the updated Purchase Terms, even if you have not reviewed them. If, at any time, you do not agree to the Purchase Terms, you should not place any order for Products.

16. General.

If any provision of these Purchase Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.  You and Company intend that the provisions of these Purchase Terms be enforced to the fullest extent permitted by applicable law.  Accordingly, you and Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Company may assign these Purchase Terms, in whole or in part, at any time with or without notice to you. You may not assign these Purchase Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Company if it is in a written document signed by Company. Both you and Company warrant to each other that, in entering these Purchase Terms, neither Company or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Purchase Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Company, or Company’s successors and permitted assigns, will have any right to enforce any of these Purchase Terms.

17. Notices.

Company may give you all notices (including legal process) that Company is required to give by any lawful method, including by posting notice on the Site or by sending it to any email or mailing address that you provide to Company. You agree to provide current and accurate contact information to Company and to check for notices posted on the Site. If you have any questions about these Purchase Terms, or want to contact Company for any reason, please direct all correspondence to: cs@ipevo.com.

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