Terms - Enicar Connected LLC

TERM AND CONDITIONS

The ENICAR CONNECTED Web Site is comprised of various Web sites and Web pages controlled and operated by ENICAR CONNECTED and its affiliates (collectively, the " ENICAR CONNECTED Web Sites").

No portion of this service may be duplicated and\or reused in any form, or by any means, except as authorized below, without receiving prior written permission from ENICAR CONNECTED.

ACCEPTANCE OF TERMS THROUGH USE

By accessing this Web Site ("Site"), you agree to all terms, conditions, and notices contained or referenced in these "Terms of Use." If you do not agree to these Terms of Use, please do not use this Site. The content and other materials (collectively the "materials") available on this Site are proprietary to ENICAR CONNECTED LLC ("ENICAR CONNECTED") and are provided as a courtesy to users only. ENICAR CONNECTED reserves the right to update and change in any way these Terms of Use from time to time at our sole discretion. Please review the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the case of any violation of these Terms of Use, ENICAR CONNECTED reserves the right to seek all remedies available in law and equity for such violations.

USE OF WEB SITE

You acknowledge and agree that all materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ENICAR CONNECTED. ENICAR CONNECTED authorizes you to view and download the materials at the Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Any use of the materials on any other Web site, server, or networked computer environment for any purpose is expressly prohibited.

SOFTWARE

Software download may be offered by the site, use of the Software is subject to the license terms in the Software License Agreement that accompanies or is otherwise provided with the Software. You may not download or install the Software before you have read and agreed to the terms of the Software License Agreement. ENICAR CONNECTED is not responsible of any issue related to the download of software and will not be accounted for any damage or problem caused by downloading and installing the software.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of ENICAR CONNECTED proprietary rights in them.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

Although ENICAR CONNECTED has attempted to provide accurate information on this Site, ENICAR CONNECTED assumes no responsibility for the accuracy of the information or materials; nor does ENICAR CONNECTED warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. ENICAR CONNECTED may change the materials, information or products mentioned at any time without notice. Mention of non- ENICAR CONNECTED products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL ENICAR CONNECTED OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY ENICAR CONNECTED PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ENICAR CONNECTED OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

USER COMMUNICATIONS

Other than personally identifiable information, use of which is governed by the ENICAR CONNECTED Online Privacy Statement, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary. ENICAR CONNECTED will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (a) agree that ENICAR CONNECTED and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (b) warrant and represent that the public posting and use of your User Communications by ENICAR CONNECTED will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.

RESTRICTED AREAS AND PASSWORD PROTECTION

Access to and use of any restricted and\or password protected area of the Site, is restricted to authorized users only who have met the qualifications required by ENICAR CONNECTED, in its sole discretion, for use of such password protected area. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder's rights to access this Site.

REMOVAL OF CONTENT AND DISCONTINUATION OF SERVICETERMINATION OF AUTHORIZATION TO USE SITE

ENICAR CONNECTED reserves the right to remove content or discontinue services available on this Site with or without notice. ENICAR CONNECTED further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.

LINKS TO THIRD PARTY SITES

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk. ENICAR CONNECTED does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. ENICAR CONNECTED provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

INDEMNIFICATION

Upon a request by ENICAR CONNECTED, you agree to defend, indemnify, and hold harmless ENICAR CONNECTED and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. ENICAR CONNECTED reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with ENICAR CONNECTED in asserting any available defenses.

INTERNATIONAL

This Site is administered by ENICAR CONNECTED from its offices at Miramar, Florida, in the United States of America. ENICAR CONNECTED makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their content are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

BACK ORDERS

Despite our best efforts, some items of the various kits may be out of stock. We will generally charge you at the time of the original order and ship the prepaid kit as soon as possible. Back orders can be canceled at any time, unless already shipped. If back order is canceled please allow 30 days for refund (corresponding discount price for system or kit components).

SHIPPING & SHIPPING DAMAGE

All purchases of physical items from ENICAR CONNECTED 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. As a courtesy You may contact ENICAR CONNECTED and ask for specific shipping requests, additional cost may apply. ENICAR CONNECTED is not obligated and does not promise to fulfill all specific shipping requests.

We ship only to U.S. addresses. For your protection all orders are shipped via UPS and require a signature for delivery.

Our shipping packaging are designed to help eliminate any damage during shipping. Please open and inspect your order as soon as it arrives. All damage from shipping is the responsibility of the carrier.

Keep all packing material with the box and parts. Without it, the carrier will not pay claims. Immediately call us with the tracking number from the packing label. We will be glad to assist you in filing a fast and accurate claim with the carrier. All International orders, all shipping duties and taxes imposed are the burden of buyer.

MISSING PARTS

Please open and inspect your order as soon as it arrives. Missing parts must be reported within 5 days of receiving your order. If you find you are missing parts, please call us immediately. We strive for 100% order accuracy and have developed a comprehensive program of “check for completeness” to achieve this goal. However, if you discover you are missing a part, please call us immediately.

WARRANTY

ENICAR CONNECTED warrants that the products are free from defects in material and workmanship under normal use, driving conditions and service for a one year period after the invoice date. Our only obligation under this warranty is to repair or replace, at our option, the defective part. If you suspect a part is defective, you must call us immediately or void the warranty. If you get an RGA (returned goods authorization) number and include a copy of the original invoice. At our discretion, we may require suspected defective part to be returned for diagnostics, labor may be charged for parts returned that are found not to be defective. You must properly package the item and include a written explanation of the problem. We are not responsible for labor, loss of use, or any other incidental or consequential damages or expenses of any kind. This warranty is voided by misuse, alteration, improper installation, accident or neglect. Damaged parts purchased from ENICAR CONNECTED caused from non-purchased parts are not covered under this warranty. All warranty related international orders; shipping charges are the responsibility of the buyer, ENICAR CONNECTED will warranty qualified defective parts only.

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL AND WRITTEN, INCLUDING MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PRODUCT DESCRIPTIONS

ENICAR CONNECTED attempts to be as accurate as possible. However, ENICAR CONNECTED does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by ENICAR CONNECTED itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Despite our best efforts, a small number of the items in our catalog may be mis-priced. If the correct price of an item sold 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.

RETURNS, REFUNDS & TITLE

ENICAR CONNECTED does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, ENICAR CONNECTED does not take title to the refunded item.

Special order and electrical parts are non-returnable. Other parts, kits and systems may be returned within 30 days for a full refund or exchange with a 15% restocking charge. Shipping charges are not refundable if order has been processed. All returns must be complete, uninstalled and in undamaged factory packaging. Kits and systems must be returned in their entirety; no partial return.

Please call us for a returned goods authorization (RGA) number. All returns must include an RGA number, a copy of the original invoice, and be shipped prepaid to our address on the Shipping Information Sheet. Please allow 45 days for processing your refund.

INSTALLATION

In order to verify the correct functionality of the ENICAR CONNECTED system and its elements, each ENICAR CONNECTED kit is extensively and thoroughly examined, tested and inspected before being shipped to the customer. The ENICAR CONNECTED kit requires Professional installation and wiring. Any issue, problem, damage and\or loss caused by or during the installation process is your full and sole responsibility. ENICAR CONNECTED is not accountable for any kind of malfunction deriving or resulting from these procedures. You are advised to use the service of professional certified installers for the installation process.

CONNECTIVITY

The ENICAR CONNECTED kit requires the introduction of a SIM card with a data plan in order to provide all connectivity features and in order to function correctly. The SIM card is not provided with the kit. It is your sole responsibility to obtain the SIM and the data plan for it from an approved cellular network (at this time the only approved network is AT&T). ENICAR CONNECTED is not liable nor accountable for any service or product sold by any cellular network including AT&T. ENICAR CONNECTED does not represent or endorse none of the cellular networks nor is endorsed or represented by any of them including AT&T.

LOCATION

The ENICAR CONNECTED kits, The Mobile Application, the Services and any function and feature are intended solely for use by Users in the USA. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of the USA. Notwithstanding the above, if you access the Mobile Application, use the Services or make any Redemptions from locations outside the USA, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the Broward County, State of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

GENERAL PROVISIONS

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and ENICAR CONNECTED with respect to your use of this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ENICAR CONNECTED with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use Content, software, or services provided by third party providers to this Site. The failure of ENICAR CONNECTED to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.