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Terms Of Use
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eBatts.com provides its services to you subject to the following
conditions. If you visit, use or make purchases at the eBatts.com
web site, you accept these conditions. Please read them carefully. In
addition, when you use, visit or purchase from any web site affiliated
with eBatts.com™, whether or not included in the eBatts.com web
site, you also will be subject to the guidelines and conditions
applicable to such service or business.
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ELECTRONIC COMMUNICATIONS
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When you visit eBatts.com or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
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COPYRIGHT
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All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations
and software, is the property of eBatts.com and protected by United
States and international copyright laws. The compilation of all content
on this site is the exclusive property of eBatts.com and its
affiliates and is protected by U.S. and international copyright laws.
All software used on this site is the property of eBatts.com™, its
affiliates or its software suppliers and protected by United States
and international copyright laws.
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TRADEMARKS
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eBatts.com, Hi-Capacity®, The Configurator, Battery
Configurator, and other marks indicated on our site are registered
trademarks of eBatts.com and its affiliates, in the United States
and other countries. All graphics, product images, logos, page headers,
button icons, scripts, and service names are trademarks or trade dress
of eBatts.com and its affiliates. eBatts.com™'s and its
affiliates’ trademarks and trade dress may not be used in connection
with any product or service that is not eBatts.com's, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits eBatts.com. All other
trademarks not owned by eBatts.com or its subsidiaries and
affiliates that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected
to, or sponsored by eBatts.com or its subsidiaries.
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LICENSE AND SITE ACCESS
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eBatts.com grants you a limited license to access and make
personal or company use of this site and not to download (other than
page caching) or modify it, or any portion of it, except with express
written consent of eBatts.com. This license does not include any
resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent
of eBatts.com. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of eBatts.com and
our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing eBatts.com's name
or trademarks without the express written consent of eBatts.com.
Any unauthorized use terminates the permission or license granted by
eBatts.com. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of eBatts.com so
long as the link does not portray eBatts.com, its affiliates, or
their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any eBatts.com logo
or other proprietary graphic or trademark as part of the link without
express written permission.
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YOUR ACCOUNT
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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. If you are
under 18, you may use eBatts.com only with involvement of a
parent or guardian. eBatts.com and its affiliates reserve the
right to refuse service, terminate accounts, remove or edit content,
or cancel orders in their sole discretion.
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COMMUNICATIONS AND OTHER CONTENT
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Visitors may 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 an e-mail or other content.
If you do submit material, and unless we indicate otherwise, you grant
eBatts.com and its affiliates 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 eBatts.com and its affiliates 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 submit; 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 eBatts.com or its affiliates for all
claims resulting from content you supply.
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RISK OF LOSS
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All items purchased from eBatts.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.
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PRODUCT DESCRIPTIONS
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eBatts.com and its affiliates attempt to be as accurate as
possible. However, eBatts.com does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by
eBatts.com itself is not as described, your sole remedy is to
return it in unused condition.
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PRICING
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Except where noted otherwise, the List Price displayed for products on
our website represents the full retail price listed on the product
itself, suggested by the manufacturer or supplier, or estimated in
accordance with standard industry practice. The List Price is a
comparative price estimate and may or may not represent the prevailing
price in every area on any particular day. For certain items that are
offered as a set, the List Price may represent "open-stock" prices,
which means the aggregate of the manufacturer's estimated or suggested
retail price for each of the items included in the set. With respect
to items sold by eBatts.com, we cannot confirm the price of an
item until you order; however, we do NOT charge your credit card until
after your order has entered the shipping process. Despite our best
efforts, a small number of the items in our catalog may be mispriced.
If we discover a mispricing, we will do one of the following:
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If an item's correct price is lower than our stated price, we will
charge the lower amount and ship you the item.
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If an item's correct price is higher than our stated price, we
will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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THIS SITE IS PROVIDED BY EBATTS.COM ON AN "AS IS"
AND "AS AVAILABLE" BASIS. EBATTS.COM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EBATTS.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. EBATTS.COM DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM EBATTS.COM ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. EBATTS.COM WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS. APPLICABLE LAW
By visiting eBatts.com, you agree that the laws of the state of
California, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that might
arise between you and eBatts.com™ or its affiliates.
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DISPUTES
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Any dispute relating in any way to your visit to eBatts.com or
to products you purchase through eBatts.com shall be submitted
to confidential arbitration in Ventura County, California, except that,
to the extent you have in any manner violated or threatened to violate
eBatts.com's intellectual property rights, eBatts.com may
seek injunctive or other appropriate relief in any state or federal
court in the state of California, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
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SITE POLICIES, MODIFICATION, AND SEVERABILITY
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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.
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OUR ADDRESS
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eBatts.comInc.
1380 Flynn Road Camarillo, CA 93012
http://www.ebatts.com/
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