Terms and Conditions

TERMS AND CONDITIONS

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Last updated: November 19, 2012

Welcome to theftdefender.com. TRI7Productions, LLC. and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at theftdefender.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future theftdefender.com service or business (e.g., Your Profile, Gift Certificates, or Knowledgebase) you also will be subject to the guidelines, terms and agreements ("Terms")  applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

The website is operated by: TRI7 Productions, LLC
Our contact details are as follows:

TRI7 Productions, LLC.
TheftDefender.com Products
PO Box 46972
Mt Clemens, MI. 48046-0972


1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we change the order status to pending. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:

  1. where goods are not available;
  2. where we cannot obtain authorization for your payment;
  3. if there has been a pricing or product description error; or
  4. if you do not meet any eligibility criteria set out in our terms and conditions.

RISK OF LOSS

All items purchased from theftdefender.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Theftdefender.com attempts to be as accurate as possible. However, theftdefender.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.


3. PRICING

3.1 Our prices include Michigan sales tax, are required by state regulation.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
3.3 Our prices are reviewed periodically; we do not price match or provide monetary refunds if a purchased product is decreased in price.

4. CANCELLATION AND RETURNS POLICY

4.1 ALL SALES ARE FINAL. If you wish to cancel your order:

  1. you can notify us by email or by submitting an RMA from your account before we have dispatched the goods to you; or
  2. where goods have already been dispatched to you or, by returning goods to us in accordance with clause 4.2 below.

4.2 You can return goods that have already been dispatched (shipped) to you within 5 days of receipt for a refund as long as your request was submitted before being dispatched (shipped). All refunds are subject to a 30% restocking fee.
4.3 Upon receipt of the goods, we will credit your account minus a 30% restocking fee. The restocking fee will be waived if the product(s) are found to be defective.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: -

  1. in the event that the product has been used or intentionally destroyed
  2. to any products that we have made or customized specifically for you
  3. wholesale or bulk products which have been customized

The provisions of this clause 4.4 do not affect your statutory rights.

4.4b The shipping costs of returning goods to us is your responsiblity. For orders $15 or more, excluding bulk/wholesale & personalization, we will provide a prepaid label only if there is a mfg. defect with your product; If the preprinted label is not used within 3 days of issuance, the label will be cancelled and RMA will be refused.

4.5 DISCOUNTS & PROMOTIONS

Applied promo codes, coupon codes and gift certificates may not be used on previous orders and may not be redeemed for cash. Some discounts may only be applied to regular priced items (sale items are excluded), unless otherwise indicated. Refer to the Promotions or Discounts Terms and Conditions by clicking on Promotions, newsletters or product information for specific information.

Only one promo code can be used per order, unless otherwise indicated. The last code you enter will be the one that gets applied.

4.6 Gift Certificates

Gift Certificates (GC) are NOT redeemable for CASH, including any remaining balance. GC's can be used towards shipping costs and used in conjunction with Discounts and Promotions. GC balance is valid for 1 year upon being issued. Any unused balance NOT used after 1 year from issuance will be forfeited and NOT refunded.

5. LICENSE

5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

  1. no documents or related graphics on this Website are modified in any way;
  2. no graphics on this Website are used separately from accompanying text; and
  3. any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. VISITOR MATERIAL AND CONDUCT

7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  2. for which you have not obtained all necessary licences and/or approvals;
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the USA or any other country in the world; or
  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

  1. you do not remove, distort or otherwise alter the size or appearance of the logo;
  2. you do not create a frame or any other browser or border environment around this Website;
  3. you do not in any way imply that we are endorsing any products or services other than our own;
  4. you do not misrepresent your relationship with us nor present any other false information about us;
  5. you do not otherwise use any trade marks displayed on this Website without our express written permission;
  6. you do not link from a website that is not owned by you; and
  7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
    We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.

8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. REGISTRATION

9.1 To register with theftdefender.com, you must be over (18) eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TheftDefender.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use theftdefender.com only with involvement of a parent or guardian. TheftDefender.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Theftdefender.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Theftdefender.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Theftdefender.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Theftdefender.com for all claims resulting from content you supply. Theftdefender.com has the right but not the obligation to monitor and edit or remove any activity or content. Theftdefender.com takes no responsibility and assumes no liability for any content posted by you or any third party.


10. DISCLAIMER

10.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

11. LIABILITY

11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for

  1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
  2. fraud;
  3. misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our affliates, officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

12. GOVERNING LAW AND JURISDICTION

12.1 These terms and conditions shall be governed by and construed in accordance with Michigan law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Michigan courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United states. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United states, you do so at your own risk and you are responsible for compliance with local laws.

13. MISCELLANEOUS

13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14. PRODUCTS DISCLAIMER AND USAGE INFORMATION

Please review our Important Product Information & Usage

COPYRIGHT COMPLAINTS

Theftdefender.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please read the following: 

 

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide theftdefender.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying theftdefender.com that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Theftdefender.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

theftdefender.com

P.O. Box 46972

Mount Clemens, MI 48046

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your visit to theftdefender.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

TheftDefender Products is a Technology Division of TRI7Productions, LLC.