Elevated Safety Systems LLC Terms and Conditions
These terms and agreement are entered into by Customer who purchases, enters website, and any transactions engaged by Elevated Safety Systems LLC a West Virginia Limited Liability Corporation. Throughout the site, the terms “we”, “us” and “our” refer to Elevated Safety Systems. Elevated Safety Systems offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, US Territory, or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time with or without explanation. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – ORDERS
Buyer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Elevated Safety Systems. Accepted Purchase Orders may not be cancelled or amended except with Elevated Safety Systems prior written consent. Cancellation charges may be applied at Elevated Safety Systems discretion. Buyer expressly waives any claim or dispute regarding a Elevated Safety Systems invoice if such claim or dispute is not presented to Elevated Safety Systems in writing within thirty (30) days of the invoice date.
SECTION 8 – PRICING
Prices are subject to change without notice. Merchandise is invoiced at prices in effect on date of shipment. Elevated Safety Systems reserves the right to add additional charges in the event Buyer requests an extension or acceleration of a scheduled ship date or specifies special packaging.
SECTION 9 - PAYMENT
Payment terms will be assigned to a Buyer account based on the creditworthiness of the Buyer along with past payment history. Payment should be made in accordance with the terms noted on the customer invoice. Elevated Safety Systems may impose interest at a rate of 1.5% per month for all past due balances. If Buyer fails to pay invoices when due, Elevated Safety Systems retains the right to change or withdraw credit and thereby suspend or cancel performance on any or all purchase agreements with Buyer. In the event of default by Buyer, Elevated Safety Systems shall be entitled to recover any and all costs, fees and expenses incurred through collection efforts, including but not limited to attorney’s fees, court costs and collection costs.
SECTION 10 - DELIVERY AND TITLE
All purchased product and subsequent deliveries from Elevated Safety Systems will be made FREE OF SHIPPING ANYWHERE TO THE LOWER 48 STATES, USA. Elevated Safety Systems delivery dates are estimates only and Elevated Safety Systems is not liable for delays in delivery or for failure to perform due to causes beyond its reasonable control, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.
SECTION 11 - WILL CALL
To the extent Elevated Safety Systems agrees in writing for an order to be placed via will call, the Buyer shall have five (5) business days to pick up order from the Elevated Safety Systems facility at which the order is being held; this five (5) business day period shall begin to run from the date on which Elevated Safety Systems first notifies the Buyer by telephone, email or in writing that the order is ready for pick up. If the order is not picked up within the aforementioned five (5) business day period, it will be shipped to Buyer, at Buyer’s expense. In no event shall Elevated Safety Systems be required to allow for will call orders; such orders shall be at the sole discretion of Elevated Safety Systems.
SECTION 12 – RETURNS
An authorization and return number (RGA) Returned Goods Authorization, must be issued by Elevated Safety Systems before a return can be accepted and processed, as well as meet the following guidelines.
- All returns must be made within 15 days of the date of shipment of the product.
- Material returns are strictly limited to the product that the RGA was issued for. There will be no credit issued for material returns not designated on the original RGA.
- Once an RGA is issued it will expire if the material is not returned within 15 days from its issuance.
- Elevated Safety Systems will not be responsible for material returned that was not on an RGA.
SECTION 13 – EXCHANGES
Any product sent back for exchange must be in new condition and in the original packaging. Exchanges must be requested within 15 days of the ship date. Defective item(s) may be exchanged or returned for the same item. Items purchased from Elevated Safety Systems that have been used or altered will not be accepted for exchange.
SECTION 14 – CUSTOM/SPECIAL ORDERS
All custom orders are not eligible for return or credit.
SECTION 15 – RETURN FREIGHT/RESTOCKING FEE
A 10% restocking fee will be assessed against all returns. The cost of freight to return product will be the responsibility of the Buyer.
SECTION 16 – HOW TO RETURN AN ITEM
- Contact ESS at Elevatedsafetysystems.com and submit a CONTACT US form. Elevated Safety Systems will reply within 24 hours.
- ESS will issue a Return Goods Authorization (“RGA”) Number. Once the RGA Number is issued, the item(s) must be returned within 15 days. ESS will provide the Buyer with specific instructions on where to return item(s) with the RGA Number.
- Include the signed RGA in the retuned package stating the reason for the return and the ORIGINAL INVOICE/PACKING SLIP.
Elevated Safety Systems
4115 Dragon Hwy.
Cameron, West Virginia, 26033
SECTION 17 – WARRANTY
Elevated Safety Systems warrants to Original Purchaser/Buyer that all products are free from defects in material, workmanship and design (if a Supplier-responsible design), however this warranty does not cover conditions resulting from normal wear and tear, neglect, abuse, accident or otherwise. Elevated Safety Systems’ obligations under this warranty apply for the lifetime of the products and are limited to the replacement of product only.
This warranty is not transferable to any other Elevated Safety Systems service and does not apply to product that is resold after having been put into service. No other person, firm, entity or the like is authorized to assume or assign for Elevated Safety Systems any other liability in connection with the sale or use of Elevated Safety Systems’ products. Furthermore, this warranty is void if any product is changed or altered in any way, or if the product is used in a manner other than for which it is intended. There are no implied warranties of merchantability or fitness for a particular purpose, which are specifically disclaimed.
SECTION 18 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 19 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 20 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 21 - PERSONAL INFORMATION
Your personal information is extremely important to Elevated Safety Systems. At no time will your personal information received by ESS be shared to Third Party Vendors.
SECTION 22 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 23 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to alter the Service from its original form in any way without consent or knowledge of Elevated Safety Systems. We will not be held responsible for any liabilities and we reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 24 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Elevated Safety Systems, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 25 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elevated Safety Systems and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Buyer shall also not be entitled to, and Elevated Safety Systems shall not be liable for, loss of profits or revenue, promotional or manufacturing expenses, overhead, business interruption cost, loss of data, removal or reinstallation cost, injury to reputation or loss of buyers, punitive damages, IPR infringement, loss of contracts or orders or any indirect, special incidental or consequential damages of any nature. Buyer’s recovery from Elevated Safety Systems for any claim, if any, shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise.
SECTION 26 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 27 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 28 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 29 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of West Virginia, United States. Any legal disputes will be adjudicated in that state.
SECTION 30 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 31 - FORCE MAJEURE
Elevated Safety Systems is not liable for failure to fulfill its obligations for any accepted order of for delays in delivery due to causes beyond Elevated Safety Systems reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Elevated Safety Systems from performance and barring remedies for non-performance. In an event of force majeure condition, Elevated Safety Systems time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Elevated Safety Systems to any liability or penalty. Elevated Safety Systems may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.
SECTION 32 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to Elevated Safety Systems, 4115 Dragon Hwy, Cameron WV. 26033. Elevatedsafetysystems.com, 304-686-3224.