These terms and conditions ("Agreement") apply to your purchase of products sold in the United States ("Product") by Save the Amazon via the Save the Amazon web site. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement you must notify Save the Amazon immediately and return your purchase pursuant to the Return Policy. If returned, Product(s) must remain in the boxes or packaging in which they were shipped.
Payment Terms and Orders:
The terms of payment for products ordered through this web store are within Save the Amazon's sole discretion and, unless otherwise agreed to by Save the Amazon, payment must be received by Save the Amazon prior to Save the Amazon's acceptance of an order. Payment for products ordered must be made by credit card, debit card or by eCheck or by PayPal account. Your order is subject to cancellation by Save the Amazon at Save the Amazon's sole discretion. Save the Amazon is not responsible for pricing, typographical or other errors in any offer by Save the Amazon and Save the Amazon reserves the right to cancel any orders resulting from such errors.
Shipping, Handling, Shipping Charges, Taxes, Title and Risk of Loss:
Shipping and handling are additional charges unless otherwise expressly indicated at the time of sale. Title to products passes from Save the Amazon to you on shipment from Save the Amazon's facility or directly from Save the Amazon's suppliers (drop shipment). Neither Save the Amazon nor its suppliers will be liable for any delay in the delivery of goods or any damages incurred or suffered during shipping. All claims for damaged goods or goods lost in transit must to be made with the carrier for your shipment. For Products shipped to the USA unless you provide Save the Amazon with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes and/or duties associated with the order. For Product shipped to countries other than the United States you are responsible for import, sales and other taxes and/or duties associated with the order. Shipping dates are estimates only. Save the Amazon cannot accept any responsibility for mistakes or errors on orders placed. You must check and inspect all orders for accuracy prior to confirming them through the web site and completing the order process. The order process is complete once you receive a combined order acknowledgement and invoice by email.
Limitation of Liability:
SAVE THE AMAZON ACCEPTS NO LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SAVE THE AMAZON WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, SAVE THE AMAZON IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
If Save the Amazon is hindered or prevented (whether temporarily or permanently) from procuring supplies to enable it to supply products or if such supply is prevented or hindered by reason, without limitation, of Act of God, war, Act of Federal, State or Country Government, or orders, regulations or bye laws made under statutory authority, labor disputes including Save the Amazon labor force, interruption of power supply, failure of sources of supply, interference by a third party, civil commotion, fire, flood or other natural disaster, or any causes of whatever kind and whenever occurring being a cause beyond the control of Save the Amazon, (circumstances of Force Majeure), then Save the Amazon may cancel performance of the contract for as long as and to the extent that the prevention or hindrance may last and such cancellation shall not give rise to any claims by the Customer, and the Customer shall remain liable to pay for the product or products ordered prior to the date of such cancellation.
Applicable Law and Governing Law:
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own use only and not for resale. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND SAVE THE AMAZON arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Save the Amazon's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Foundation Software Solutions or Save the Amazon. If you do not receive an invoice or acknowledgement via e-mail, information about your purchase may be obtained by logging into your account on the Save the Amazon web site.
ANY 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) BETWEEN SAVE THE AMAZON, their agents, employees, principals, successors, assigns, affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Save the Amazon's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between customer and Save the Amazon. NEITHER CUSTOMER NOR SAVE THE AMAZON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Save the Amazon will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction where you reside. Each party shall pay for its own costs and lawyers' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party lawyers' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards provided by law.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions of sale and no construction or inference shall be derived there from.