Legal Information
YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY IN ENGLISH. WE WILL NOT BE RESPONSIBLE FOR ANY MEANING LOST IN TRANSLATION. BY ELECTRONICALLY SUBMITTING THE ORDER FORM, YOU REPRESENT TO US THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS. THE FOLLOWING IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND KICK GASS, USA (hereafter "The Seller") AND GOVERNS YOUR USE OF THIS WEB SITE, ITS CONTENT, AND YOUR ACCOUNT WITH THE SELLER.
BY CLICKING THE ORDER BUTTON AND BY PURCHASING A PRODUCT OR CONTINUING TO USE THIS WEB SITE, YOU ARE ACCEPTING AND AGREEING TO ABIDE BY ALL OF THESE TERMS AND CONDITIONS. YOU ALSO AGREE TO ACCEPT AN ELECTRONIC RECORD OF THESE TERMS AND CONDITIONS, AND ALL OTHER TRANSACTIONS AS FULL SATISFACTION THAT THEY BE PROVIDED TO YOU IN WRITING. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OR FIND ANY PART OF THESE TERMS AND CONDITIONS UNACCEPTABLE, SIMPLY LEAVE THIS WEB SITE WITHOUT FURTHER USE AND DO NOT ORDER THE PRODUCT FROM THE SELLER.
The Seller reserves the right to modify these terms and conditions, and the applicable terms and conditions are those posted here at any given time.
Definitions:
Customer: A person who has purchased any informational product or any other product from the Seller. Customers from around the world may volunteer to share a common exchange of information regarding the developments and advancements of the Technology, whether it be via an online discussion group, email or any other communication line.
"The Technology": and information, intellectual property, products and/or supplies. This is a technology for automotive and similar energy uses, currently focused around Hydrogen-On-Demand generation on board vehicles. This technology embraces both the devices as well as the methods and techniques for using them for optimum fuel economy and emissions prevention.
Disclaimer & Hold Harmless Agreement:
No warranty is expressed or implied concerning the suitability of the Technology or related information, including IRS Tax Write-Off information, for any particular application, circumstance or geographical area. The Technology is purely experimental; therefore no specific results can be guaranteed for any model of vehicle, marine vessel, or for any other purpose or application. Use of the Technology, related devices or information is at the Customer's own risk. The Technology is not intended for use in violation of State or Federal regulations. Compliance with any State or Federal regulations, where applicable, is the responsibility of the Customer. KICK GASS and its employees, executives, distributors and affiliates shall not be held responsible for how the Customer uses the Technology, related knowledge or any related device. The Technology and related knowledge are Public Domain and are provided to the Customer as a service to save him time and money.
The Customer hereby acknowledges the following:
1. There is no warranty that the Technology is merchantable or that it is fit for a particular purpose or area.
2. In no event shall the Seller, or Seller's heirs and assigns, be liable for consequential damages, nor shall Seller's liability on any claim for damages arising out of or connected with the sale, delivery, or use of the Technology exceed the purchase price of the products and/or supplies.
3. The Customer will not use the Technology in violation of any local, state, or federal law.
4. The original Customer, successors and assigns, agrees to hold the Seller harmless from and will indemnify Seller from damages caused by the use of the Technology.
5. The Seller assumes no liability for any incidental, consequential or other liability from the use of the Technology. All risks and damages, incidental or otherwise, arising from the use or misuse of the Technology are entirely the responsibility of the Customer. Although careful precaution has been taken in the preparation of products and/or supplies.
6. Since the knowledge provided with the Technology, as well as on the Seller's web site, are provided AS-IS, there is no warranty for the Technology, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the Technology and the intellectual property AS-IS without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Technology is with the Customer. Should the Technology prove defective in any way, the Customer will assume the cost of all necessary servicing, repair or correction.
7. In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the Technology, be liable to the Customer for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the technology, including but not limited to loss or personal injury or losses sustained by the user or third parties or a failure of the technology to operate, even if such holder or other party has been advised of the possibility of such damages.
8. The Customer agrees that the conditions above apply equally to all current, past, and future purchases including free downloads or deliveries of any kind.
9. This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
10. The Customer is charged with the responsibility of installing, properly using and maintaining the workability of the Technology. Auto mechanics, installers, hardware manufacturers or hardware merchants who may be listed or recommended by the Seller are NOT affiliated with the Seller and their product and contact information, if available, is provided only as a free service. The Customer has free choice for using any other manufacturer, merchant, auto mechanic, boat mechanic or generator technician. Additionally, all manufacturers, merchants and mechanics are responsible for their own job and no warranty is given by the Seller for their performance or work ethics.
11. TECH SUPPORT: The technology is a do-it-yourself information and should be applied by the Customer, with or without local assistance from HIS OR HER mechanic. It is the responsibility of the Customer to obtain technical assistance locally. The Seller will attempt to provide effective email support for any Customer or mechanic who asks for technical advice. As is the case for many vehicle models today, if engine photo(s) are available on the Internet, an attempt will be made to actually visualize how an installation may look like. Otherwise, the Customer or his/her mechanic may be asked to submit photographs of the engine to assist the Seller's technical team in visualizing the problems and possibilities of installation and maintenance. TECH SUPPORT AND THE HELP DESK (WHEN AVAILABLE) ARE GIVEN BY THE SELLER AS A FREE SERVICE OF GOODWILL. The service is provided AS-IS without warranty of any kind. No commitment is either expressed or implied that Tech Support or the Help Desk will be available for any period or length of time, or that it will be helpful in solving all technical problems.
12. LANGUAGE SUPPORT: Tech Support is available in English only! Additionally, even though some documents may be displayed in a choice of languages, the Seller supports only the English version. Translations are performed by a robot and are given away by the Seller as a free service of goodwill. The Seller cannot control or monitor translations quality. In case any misunderstoods or uncertainties arise regarding such translated materials, it is the responsibility of the Customer to revert to the English original in order to try and clarify the question.
13. Any paying Customer is hereby given permission to replicate and sell, without requirement for further written permission, the entire Technology or any part of it. This includes permission to copy the devices and full free use of the related manufacturing data and replication data. In case of intellectual property, Patent or trademark belonging to third party, the Customer has to communicate directly with the respective owner to obtain usage permission from them.
14. The Seller retains the right and the choice to refuse service and/or support to any Customer, visitor, affiliate, distributor, manufacturer or mechanic, regardless of their payment or refund.
15. The Seller retains the freedom to change and improve the Technology and its delivery method(s) at any given time. This is a constantly evolving technological field, therefore CHANGES SHOULD BE EXPECTED for the good of all.
REFUND POLICY and Additional Terms and Conditions: 16. Full satisfaction is guaranteed. If you are not 100% satisfied with your purchase, follow the instructions given to you at the time of ordering, and you will be refunded your full purchase price. Proof of purchase is required for all refunds.
17. COMMUNICATION. The Customer must provide the Seller with a working email address by which contact can be made, for the purpose of delivery of access passwords, informational products, news and program updates. The Seller retains the right to communicate back to any Customer and/or Visitor who has submitted a request for information. The Customer may request at any given time to be removed from further mailings.
18. PRIVACY will be strictly kept and the name, email, address and phone number of the Customer will never be given to a third party other than in the case of mandatory cooperation with law enforcement agencies.
19. THE SELLER EXPRESSLY WISHES TO HAVE ONLY SATISFIED CUSTOMERS. IF FOR ANY REASON YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OFFERED ABOVE, OR IF YOU HAVE DOUBTS OR RESERVATIONS REGARDING THE VALIDITY OF THE TECHNOLOGY, OR IF YOU ARE NOT WILLING TO TAKE THE RISKS AND RESPONSIBILITIES OF BEING AN EXPERIMENTER, DO NOT USE THIS TECHNOLOGY, WEB SITE OR PRODUCT.
20. The headings of the terms and conditions herein contained are inserted for convenience or reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this agreement.
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