EFFECTIVE DATE: JAN 01, 2023
The Website and Products are offered
subject to your acceptance of these Terms and Conditions (“Terms” or
“Agreement”). These Terms constitute a legally binding agreement between you
and FIXDJI, and you should read them carefully. By agreeing to these Terms, you
also agree to the FIXDJI Privacy Policy, Online Return Policy, Store Returns
Policy and Shipping Policy, each of which is expressly incorporated by
reference herein.
THIS AGREEMENT CONTAINS AN ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR
JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND
THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU
OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING,
OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
User Obligations
By downloading, accessing or using the
Website, you represent that you are at least eighteen (18) years old or the
legal age of majority, whichever is greater, and you are agreeing to these
Terms. You also agree to abide by all applicable local, state, and national
laws and regulations with respect to your use of the Website. You further
represent you shall at all times provide true, accurate, current, and complete
information (and updates thereto) when submitting information to FIXDJI through
the Website. You shall only use the Website as permitted by this Agreement, and
you shall not use the Website or the Content for any commercial, political,
obscene, illegal, or inappropriate purpose. FIXDJI reserves the right, in its
sole discretion, to terminate your access to the Website for any or no reason.
If you register for an account on the Website, you may be required to designate
an email address and password, and there may be additional requirements as
designated by FIXDJI from time to time. You agree to assume all responsibility
concerning your use of the Website, including all activity occurring through
your password (and related account access). You shall immediately notify FIXDJI
if you suspect or become aware of any loss, theft, or unauthorized use of your
password.
Purchases through the Website
All purchases made through the Website are
subject to our acceptance. This means that we may refuse to accept or may
cancel any transaction, in our sole discretion, and without liability to you or
any third party. The Website does not permit orders from dealers, wholesalers,
or other customers who intend to resell items offered on the Website. FIXDJI expressly
conditions its acceptance of your order on your agreement to these Terms, and
to all additional terms and conditions that are provided to you on the Website
that govern your purchase of certain Products. By ordering Products through the
Website, you agree to provide true, accurate, current, and complete
information. FIXDJI reserves the right without prior notice to discontinue or
change specifications and prices on Products offered on and outside of the site
without incurring any obligation to you. Prices and availability are subject to
change without prior notice, and FIXDJI reserves the right to revoke any offer
to correct any errors, inaccuracies, or omissions.
FIXDJI wants you to be satisfied with your
purchases from this Website. If you wish to return a product, please review our
Online Return Policy and Store Returns Policy, which are incorporated herein by
reference.
Website Ownership and Content
The Website contains materials including,
but not limited to, text, images, designs, photographs, videos, audio clips,
graphics, button icons, pictures, advertising copy, URLs, technology, software,
and the overall arrangement or “look and feel” of such materials including
copyrightable material, as well as trademarks, logos, and service marks that
belong to either FIXDJI, its licensors, licensees or other third parties
(collectively the “Content”). The Website and the Content are owned, licensed,
or controlled by FIXDJI, its licensors, and certain other third parties, and
all right, title, interest in and to the Content and the Website are the
property of FIXDJI, its licensors, or certain other third parties and are
protected by United States and international copyright, trademark, trade dress,
patent or other intellectual property rights and laws to the fullest extent
possible. By using the Website, you will not obtain any ownership or
intellectual property or other interest in any item or content on the Website.
Subject to your agreement and compliance with this Agreement, FIXDJI grants you
a limited, non-exclusive, non-transferrable, non-assignable, revocable license
to access, display, view, and use the Content on the Website for your own
personal, non-commercial use only. You agree that FIXDJI may immediately and,
without notice to you, suspend or terminate the availability of the Website,
its Content, or the Products without any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or
content on the Site (“User-Generated Content”), you grant to FIXDJI a
perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable
and transferable license to copy, publish, translate, modify, reformat, create
derivative works from, distribute, reproduce, and sublicense such materials or
any parts of such materials. You hereby represent, warrant and covenant that
any User-Generated Content you provide does not violate any law or the rights
of any third party, and you have full right to grant FIXDJI the license
specified above. FIXDJI shall be entitled to use any User-Generated Content
without incurring obligations of confidentiality, attribution or compensation
to you.
LIMITATION OF LIABILITY; DISCLAIMER OF
WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE,
AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR
THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, SECURITY OR ACCURACY. FIXDJI DOES NOT WARRANT THAT: (1) THE
INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS
CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3)
DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FIXDJI
OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR
OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING
FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE
SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS.
NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Links to Third Party Websites
The Website may include links to
third-party websites, such as links from advertisers, sponsors, content
partners, and third parties. The inclusion of any link on the Website does not
imply our endorsement of it, and FIXDJI expressly disclaims any responsibility
for the content, the materials, the accuracy of the information, or the quality
of the products or services provided by, available through, or advertised on
these third-party websites.
Privacy
You understand, acknowledge, and agree
that the operation of certain portions of this Website or the receipt of
certain information, such as registering or creating an account on this
Website, requires the submission, use, and dissemination of certain personally
identifiable information. Please note that by providing your mobile phone
number to the Website, you are providing FIXDJI your electronic signature
expressly consenting to be contacted by telephone (including by automated
dialing systems, pre recorded messages, SMS and MMS) at the number provided,
even if the number you provide is on a corporate, state, or national Do Not
Call list. You understand that your consent is not required to make a purchase.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking
on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY
LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar
links as may be designated by FIXDJI to accept these terms and conditions, you
are submitting a legally binding electronic signature and entering into a
legally binding contract. You acknowledge that your electronic submissions
constitute your agreement and intent to be bound by this Agreement. Pursuant to
any applicable statutes, regulations, rules, ordinances or other laws,
including without limitation the United States Electronic Signatures in Global
and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY FIXDJI. Further, you waive
any rights or requirements under any statutes, regulations, rules, ordinances
or other laws in any jurisdiction which require an original signature or
delivery or retention of non- electronic records, or to payments or the
granting of credits by other than electronic means.
Sales Tax
FIXDJI honors each state’s guidelines
concerning sales and use tax, determined by the destination address of your
shipment. As you proceed through checkout and confirm your shipping details,
any applicable taxes will be calculated on your total merchandise value.
Additionally, order totals at checkout reflect estimated tax. The actual charge
to your payment method will reflect all applicable state, local and county
taxes and will be calculated once your order is shipped.
Miscellaneous
This Agreement constitutes the entire
agreement between you and FIXDJI and supersedes any prior version of this
Agreement and FIXDJI. If any provision of this Agreement is found by the
arbitrator or (if proper) a court of competent jurisdiction to be invalid, the
remaining provisions shall not be affected thereby and shall continue in full
force and effect, and such provision may be modified or severed from this
Agreement to the extent necessary to make such provision enforceable and
consistent with the remainder of this Agreement.