Last Modified: October 30, 2011
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“You”, “Your” or “Customer”), and fusionofideas.com and stealtharmor.com (“Our” or “Company”) the owner and administrator of this Website and all content and functionality contained herein.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
Introduction
These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”). This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that you print this form for Your personal records.
fusionofideas.com and stealtharmor.com reserve the right to revise, amend, or modify this policy and our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms.
If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein.
You further agree not to use or access Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Ordering Products Through The Website; Policies
Stealtharmor.com does not sell cases. StealthArmor is a protective film/skin used to protect your devices from every day wear and tear. Please note that our liability is ONLY for the StealthArmor and does not extend to electronic devices. If You have any questions about our products, please contact Our Customer Service Department toll-free at 949.453.0824. Our Customer Service Department is open Monday – Friday, from 11am – 4pm Pacific Standard Time (PST).
Completing Your Order
Once your order has been completed and paid for, our Customer Service team will process your order within 1-3 business days. If you have purchased expedited shipping, please note that it may take us 1-3 business days to prepare your order and then ship through the shipping method you have chosen. We will not refund shipping choices, as choosing next-day shipping does not necessarily mean your order will be received next day. If you would like to find out the status of an order, please contact our Customer Service department at 949-453-0824.
International Orders
Please note that international orders will be shipped via USPS only. Flat fees are available. Customers are responsible for any custom taxes or fees that apply. Fusion of Ideas/StealthArmor will not accept any returned international product. Fusion of Ideas/StealthArmor will not accept any non-accepted packages or “Return to sender” packages. Installation spray will not be included in the packaging for international orders due to custom issues. We ask that customers use Windex as the spray to install any clear kits. This is the closest solution to what we provide and will work well with installing the product. Please make sure to follow the installation instructions when installing the product onto your device.
Satisfaction Guaranteed
We believe in our customers’ complete satisfaction. This is reflected in our 30-day satisfaction guaranteed return policy. If You are not completely satisfied with your product, You may return the unused product within 30 days from the shipped date and we will either replace the product or refund you the amount less the Shipping & Handling Charge.
Return Policy
We do apologize, but we cannot accept returns for items purchased from another retailer unless you have registered your product on our website within 14-days of purchase. We do not accept any returns after 30-days of purchase. We do not refund for any shipping or handling charges. If the product is used or damaged there is a 30% restocking fee on all returns. We only process exchanges for items purchased through fusionofideas.com. If fusionofideas.com shipped you the wrong item, we will immediately replace your purchase with the proper product. Returns are not accepted for international orders. Please contact our Customer Service Department at 949.453.0824 with any questions.
To return merchandise to Fusion of Ideas, follow these simple steps:
1. Please place the item(s) back in the original packaging or your choice of packaging. Be sure to pack it well to avoid breakage. Please make sure to include your invoice number, contact name, and a note of the reason why you are returning the product. This must be included inside your package. WE WILL NOT ACCEPT ANY USED PRODUCTS.
2. Send your return to:
Fusion of Ideas
Attn: Return Department
30 Mauchly Suite B
Irvine, CA 92618
Fusion of Ideas recommends that you track your return package to confirm that we have received it. The US Postal Service offers a delivery confirmation service for a small additional fee. For ease of mind you may want to consider insuring your package. Just take your package to a US Post Office service window and a representative can add this option for you. If you choose to select another carrier to ship your return, we suggest UPS or FedEx. They both provide tracking information that requires a signature.
Sales Tax
We are required by law to collect sales tax on orders shipped in California where our corporate offices are located. All applicable state and local sales taxes will be calculated during the checkout process.
Chargeback’s and Reversals
We handle all chargeback’s and reversals as potential cases of fraudulent use of our product offer and/or theft of product. In cases where we have provided a product and we have verified that a client has received a product and/or refused or returned product(s), whether or not they have used the product in any way, possible actions taken by the company may include filing a complaint with the Internet Crimes Bureau and/or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of product and possible mail fraud which is a Federal Crime. All cases of chargeback requests will be vigorously fought by the Company. BE AWARE that if you choose to claim your online transaction was fraudulent that all activity and IP address information is captured. This digital proof of whom and where the order was placed will be submitted to the proper authorities. This information may be used in a civil and criminal case against a customer if there is fraudulent use or theft of product(s).
Please Note: Packages marked "Return To Sender" will NOT be processed or refunded. Call Customer Service at 949.453.0824. Please be aware that shipping and handling fees are non-refundable.
Credit Card Descriptor
By ordering Products from fusionofideas.com, You authorize fusionofideas.com to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card entry will be “Fusionofideas, CA Inc” or will refer to the type of Product ordered (e.g. “StealthArmor”). If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department at 949.453.0824.
Warranty Policy
The StealthArmor film includes a lifetime warranty. If the film ever becomes scratched or damaged you can return the film to fusionofideas.com for a warranty replacement. It is required to return the original film in its entirety. You will be responsible for all shipping costs for the replacement. Please visit http://www.stealtharmor.com/store/StealthArmor-Warranty-Replacement.html for instructions to process your warranty replacement. Please contact customer service at 949.453.0824 for any questions all warranty replacements.
Please note that you are responsible to read the application instructions carefully before installing StealthArmor. Installation videos are also available online to help you install the StealthArmor. INSTALLATION ERRORS ARE NOT COVERED BY THE WARRANTY POLICY. This includes errors such as bubbles under the film, incorrect alignment of the film on your device, or any other installation errors. Please note that our liability is ONLY for the StealthArmor and does not extend to electronic devices.
Insuring Your Return Packages
Fusion of Ideas recommends that you track your return package to confirm that we have received it. The US Postal Service offers a delivery confirmation service for a small additional fee. For ease of mind you may want to consider insuring your package. Just take your package to a US Post Office service window and a representative can add this option for you. If you choose to select another carrier to ship your return, we suggest UPS or FedEx. They both provide tracking information that requires a signature.
Modifications
We reserve the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.
Billing Errors
If You believe that You have been erroneously billed, please notify Our Customer Service Department at 949.453.0824 immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
Representations; Disclaimers
StealthArmor is a film that is adhered to the electronic device; it is not a case for the device. The film will not leave any residue when removed. The film does not guarantee the device that the film is adhered to. We do not guarantee your electronic device from any damage, only the film is guaranteed.
Please note that you are responsible to read the application instructions carefully before installing StealthArmor. Installation videos are also available online to help you install the StealthArmor. INSTALLATION ERRORS ARE NOT COVERED BY THE WARRANTY POLICY. This includes errors such as bubbles under the film, incorrect alignment of the film on your device, or any other installation errors. Please note that our liability is ONLY for the StealthArmor and does not extend to electronic devices.
Ownership; Intellectual Property
The Website, and all images and content at the Website (collectively, “Materials”), are the sole and exclusive property of fusionofideas.com and stealtharmor.com or its licensors. No license or ownership rights in or to any of the Materials are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Materials are protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Materials may be reproduced by You without stealtharmor.com or fusionofideas.com’s prior written permission.
Your Representations
You hereby represent and warrant that:
· You are age eighteen or older;
· You have read this Agreement and thoroughly understand the terms contained in this Agreement;
· Any Products You purchase from the Website will be used for Your personal, non-commercial use;
· You will not re-sell, re-distribute or export any Product that You order from the Website;
· fusionofideas.com and stealtharmor.com has the right to rely upon all information provided to fusionofideas.com and stealtharmor.com by You;
· fusionofideas.com and stealtharmor.com may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, (iv) promotions and/or specials (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
Restrictions
Without the express prior written authorization of fusionofideas.com or stealtharmor.com, You may not:
· Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
· Create derivative works based on the Website or any of the Materials;
· Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
· Frame or utilize any framing techniques in connection with the Website or any of the Materials;
· Use any meta-tags or any other “hidden text” using the Website’s name or marks;
· “Deep-link” to any page of the Website;
· Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
· Use any data mining, bots, or similar data gathering and extraction tools on the Website;
· Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
· Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
Termination
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, or (iii) is unable to provide us with sufficient information to allow us to properly identify the customer’s real name, address, or other contact information.
Limitation of Liability; No Warranties
In no event shall fusionofideas.com or stealtharmor.com or its officers, directors, employees or subcontractors 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 (collectively, “Claims”) arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product.
Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided “as is”, without any warranty whatsoever.
You agree that stealtharmor.com and fusionofideas.com’s entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to stealtharmor.com or fusionofideas.com in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether fusionofideas.com was aware of or advised in advance of the possibility of damages or such Claims.
The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
Indemnification
You agree to defend, indemnify, and hold harmless stealtharmor.com and fusionofideas.com, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
Notice
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to stealtharmor.com and fusionofideas.com must be sent in writing to the following address:
Fusion of Ideas
Attention: Legal
30 Mauchly.Drive Suite B,
Irvine, CA 92618
Force Majeure
fusionofideas.com and stealtharmor.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the fusionofideas.com’s performance.
Miscellaneous Governing Law
This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions.
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
Severability.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorneys’ Fees
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
No Waiver
No waiver of or by stealtharmor.com and fusionofideas.com shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Headings
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Complete Agreement
This Agreement constitute the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications
stealtharmor.com and fusionofideas.com reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. stealtharmor.com and
fusionofideas.com does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by stealtharmor.com and fusionofideas.com in writing, these terms and conditions may not be amended by You.
