Be Safe Plus LLC Terms and Conditions of
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Be Safe Plus LLC YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Be Safe Plus LLC's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Be Safe Plus LLC (References to "you"
or "your" shall relate to a customer of Be Safe Plus LLC or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Be Safe Plus LLC" shall relate to Be Safe Plus LLC and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by
Be Safe Plus LLC from time to time, do not use this Site. The material provided
on this Site is protected by law, including, but not limited to, United States
copyright law and international treaties. This Site is controlled and operated
by Be Safe Plus LLC from its offices within the United States. Be Safe Plus LLC
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose to access this Site
from other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of NJ without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in MORRIS County,
NJ to hear any such claims.
Access, Interference and Linking
Be Safe Plus LLC grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of Be Safe Plus LLC.
The following activity on
the Site is expressly prohibited: Any non-personal or commercial use of any
robot, spider, other automatic device, or manual process to monitor or copy
portions of the Site or the content contained herein without prior written
permission by Be Safe Plus LLC; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant that
supplies products competitive with or comparable to those offered on the Site;
and, Any use of, visits to, or other action that imposes an unreasonable or
disproportionately large load on the Site, or otherwise interferes with its
proper and timely functioning.
Any unauthorized use terminates the license granted by
Be Safe Plus LLC.
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of the Site so long as the link does not
portray Be Safe Plus LLC, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any Be Safe Plus LLC logo or other proprietary graphic or trademark as part of
the link without express written permission.
Be Safe Plus LLC does not review
or control third-party sites that link to or from the Site, and is not
responsible for the contents of any third-party sites linked to or from the
The copyright in all material provided on this Site is held by
Be Safe Plus LLC or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Be Safe Plus LLC
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without Be Safe Plus LLC 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. Be Safe Plus LLC and
the Circle of Service logo are trademarks of Be Safe Plus LLC Copyright © 2002
Be Safe Plus LLC.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Be Safe Plus LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF Be Safe Plus LLC OR A Be Safe Plus LLC AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Be Safe Plus LLC, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Lake Hiawatha, NJ. Each
party shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
review our Privacy Notice, which also governs your visit to this Site.
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. If
you are under 18, you may use the Site only with a parent or guardian.
Be Safe Plus LLC reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to Be Safe Plus LLC
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Be Safe Plus LLC
for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Be Safe Plus LLC
is free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Be Safe Plus LLC or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please
Be Safe Plus LLC
144 North Beverwyck Rd #229
Lake Hiawatha NJ,
Disagreement with These Terms and
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Be Safe Plus LLC
Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Be Safe Plus LLC. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
This Sale Agreement is a legal
contract between the Customer and Be Safe Plus LLC. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or otherwise shopping on
the Site. (References to "you" or "your" shall relate to the Customer;
references to "Be Safe Plus LLC" shall relate to Be Safe Plus LLC and its
affiliates.) The terms and conditions of this Sale Agreement are subject to
change without prior notice, except that the terms and conditions posted on the
Site at the time the Customer initially places or modifies an order will govern
the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and Be Safe Plus LLC relating to the purchase or sale of
goods or services on the Site. The Sale Agreement may only be modified or
terminated with regard to goods or services that have been purchased or sold on
the Site in a writing signed by Be Safe Plus LLC. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be
provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting Be Safe Plus LLC at the
address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF NJ, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
MORRIS COUNTY, NJ FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
Be Safe Plus LLC is Be Safe Plus LLC's responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
Be Safe Plus LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Be Safe Plus LLC IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
All products sold by Be Safe Plus LLC
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, Be Safe Plus LLC makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
All pricing subject to change. For
all prices, products and offers, Be Safe Plus LLC reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While Be Safe Plus LLC uses
reasonable efforts to include accurate and up-to-date information on the Site,
Be Safe Plus LLC makes no warranties or representations as to the Site's
accuracy. Be Safe Plus LLC assumes no liability or responsibility for any errors
or omissions in the content on the Site.
Limitation of Liability
Be Safe Plus LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Be Safe Plus LLC WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Be Safe Plus LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Be Safe Plus LLC's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Lake Hiawatha, NJ. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
Orders; Payment Terms; Interest;
Orders are not binding upon
Be Safe Plus LLC until accepted by Be Safe Plus LLC. Terms of payment are within
Be Safe Plus LLC's sole discretion. Invoices are due and payable within the time
period noted on the invoice, measured from the date of the invoice.
Be Safe Plus LLC may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
Shipping and handling charges on all orders vary; contact your
Be Safe Plus LLC account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Call for details.
* Returns of items from Clearance Categories will not be
||Be Safe Plus LLC offers a
30 days return policy on selected items based on manufacturer
return policies. For further information not listed, please contact your
Be Safe Plus LLC account manager. |
||Please call 973-928-2907 or
e-mail our Returns Department at firstname.lastname@example.org to obtain a Return
Merchandise Authorization (RMA) number before shipping your product. NO
returns of any type will be accepted without an RMA number. For faster
service, please have the following information on hand when calling for an
RMA number: customer name, invoice number, serial number and nature of the
||All products returned MUST:
be 100 percent complete, contain ALL original boxes and packing materials,
have original UPC codes on the manufacturer boxes, contain all manuals,
blank warranty cards and other accessories and documentation provided by
the manufacturer. |
||You are responsible for
shipping charges on returned items; Be Safe Plus LLC will match your
shipping method on your replacement or exchange item(s). |
||Be Safe Plus LLC strongly
recommends you fully insure your return shipment in case it is lost or
damaged and you use a carrier that can provide you with proof of delivery
for your protection. |
||If merchandise arrives
damaged: it is best to REFUSE it back to the carrier attempting delivery.
If you accept the package make sure it is noted on the carrier's delivery
record in order for Be Safe Plus LLC to file a damage claim. Save the
merchandise AND the original box and packing it arrived in, notify
Be Safe Plus LLC immediately to arrange for a carrier inspection and a pick
up of damaged merchandise. If you do not notify Be Safe Plus LLC of damaged
goods within the first 15 days of arrival, our regular return policy will
override any claim of damage, and will fall under all current manufacturer
restrictions. Call 973-928-2907 or your Be Safe Plus LLC account manager to
arrange for carrier inspection and a pick up of damaged merchandise.
||DEFECTIVE returns can be
returned directly to Be Safe Plus LLC within 30 days from the
invoice date, at Be Safe Plus LLC's discretion for: credit, replacement,
exchange or repair. |
do apply and are outlined in our detailed policy. Any item that is missing
the UPC can ONLY be replaced with the same item. After 30
days, all manufacturers' warranties apply. |
||NON-DEFECTIVE returns can
be accepted directly by Be Safe Plus LLC within 30 days from
the invoice date, at Be Safe Plus LLC's discretion for: credit, exchange.
All NON-DEFECTIVE returns are subject to a 20 percent
restocking fee. Kidde Safety Products and Products from Logistic
Supply are subject to a 30% restocking fee. All other
products from our manufacturers are subject to a 20% restocking
||Due to manufacturers'
policies, Be Safe Plus LLC cannot accept returns of the following items for
exchange, replacement or credit FOR ANY REASON: (Be Safe Plus LLC
exceptions). DEFECTIVE merchandise can be returned for REPAIR ONLY to:
Be Safe Plus LLC, the manufacturer direct or any authorized service center
in your area. Additional manufacturers may be added to this list as:
manufacturer policies change, manufacturer goes out of business or in the
case of specially ordered items.
Credit card charges are processed online after ordering the
products and/or services.
Goal Zero Product Warranty and other Information
For Goal Zero Product Returns purchased from Be Safe Plus LLC, contact Be
Safe Plus LLC for further instructions. See below for Goal
Zero Warranty Information. Shipping costs of returns will be the
responsibility of the customer
Please register your Goal Zero Product directly with the manufacturer.
GOAL ZERO LLC ("GOALΨ") warrants to the original consumer purchaser that this
GOAL ZERO product will be free from defects in workmanship and material under
normal consumer use during the applicable warranty period identified in
Paragraph 2, below, subject to the exclusions set forth in Paragraph 5, below.
This warranty statement sets forth GOAL ZERO's total and exclusive warranty
obligation. We will not assume, nor authorize any person to assume for us, any
other liability in connection with the sales of our products.
The warranty period for GOAL ZERO battery cells (whether purchased on a
stand-alone basis or as part of another product) is 180 days. The warranty
period for all other GOAL ZERO products and components is one (1) year. In each
case, the warranty period is measured starting on the date of purchase by the
original consumer purchaser. The sales receipt from the first consumer purchase,
or other reasonable documentary proof, is required in order to establish the
start date of the warranty period. If you completed the online GOAL ZERO Product
Registration Form within 30 days after purchasing your product, that
registration can also establish the start date of the warranty period (but
warranty coverage is not conditioned upon such registration).
GOAL ZERO will repair or replace (at GOAL ZERO's option and expense) any GOAL
ZERO product that fails to operate during the applicable warranty period due to
a defect in workmanship or material.
LIMITED TO ORIGINAL CONSUMER BUYER
The warranty on GOAL ZERO's products is limited to the original consumer
purchaser and is not transferable to any subsequent owner.
GOAL ZERO's warranty does not apply to (i) any product that is misused,
abused, modified, damaged by accident, or used for anything other than normal
consumer use as authorized in GOAL ZERO's then-current product literature, or
(ii) any product purchased through an online auction house. GOAL ZERO's warranty
does not apply to any battery cell or product containing a battery cell unless
the battery cell is fully charged by you within seven (7) days after you
purchase the product and at least once every 6 months thereafter.
HOW TO RECEIVE SERVICE
To obtain warranty service, you must contact our Be Safe
Plus customer service team via telephone at 973-928-2907. If our
customer service team determines that further assistance is required, they will
give you a Return Material Authorization ("RMA") number. You must properly
package the product, clearly marking the RMA number on the package and including
proof of your purchase date with the product. You must then send the product by
mail or courier, with shipping costs paid by you, to GOAL ZERO at 675 West 14600
South, Bluffdale, Utah, USA 84065. We will process your return and send your
repaired or replacement product to you for product being shipped to
locations in North America.
THE LIMITED WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER EXPRESS
WARRANTIES. IN NO EVENT SHALL ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD IDENTIFIED IN
PARAGRAPH 2, ABOVE. Some states do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you. This warranty
gives you specific legal rights, and you may also have other rights which vary
from state to state.
EXCLUSIVE REMEDY; LIMITATION OF LIABILITY
The foregoing provisions state GOAL ZERO's and BE SAFE PLUS LLC's entire
liability, and your exclusive remedy, for any breach of warranty, express or
implied. IN NO EVENT WILL GOAL ZERO or BE SAFE PLUS LLC BE LIABLE FOR ANY
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM ANY USE OR MALFUNCTION OF ANY
GOAL ZERO PRODUCT, OR FROM ANY BREACH OF WARRANTY, INCLUDING DAMAGE TO OTHER
DEVICES. IN NO EVENT WILL GOAL ZERO's LIABILITY FOR ANY CLAIM, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER
ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT PAID BY YOU FOR THE GOAL ZERO
PRODUCT. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to