Welcome to Etch Glow! Please read this document carefully, as it contains the terms and conditions that govern your use of our website.
I. How You Accept This Agreement
1. By accessing, visiting, browsing, using or attempting to interact with any part of this website, or other AkroSense software, services, websites or any of AkroSense’s licensees’ services or software (“Services”), you agree that you have read, understand and agree to be bound by this agreement.
2. If you do not agree to be bound by this agreement, do not access or use any part of this website.
II. Payment Methods / Ordering
1. Ordering AkroSense products is only available via our website and authorized distributors. AkroSense does not accept phone or mail orders.
2. All credit card transactions are handled by Shopify™, an independent third party.
3. All PayPal™ transactions are handled by PayPal.com (PayPal™), an independent third party.
4. You understand that we may also use other third party payment providers at our sole discretion.
5. AkroSense is not responsible for the security and privacy of PayPal™ and Shopify™, or other third party payment providers You agree that all matters concerning privacy and security pertaining to monetary transactions will be adjudicated directly with those third parties that accept payment information (including but not limited to PayPal™ or Shopify™).
1. AkroSense makes no warranties for its products, either expressed or implied, including any warranty of merchantability, fitness of our products for any particular purpose, even if that purpose is known to AkroSense, or any warranty relating to intellectual property. AkroSense shall not be liable for any injury, loss, damage, or loss of profits resulting from the handling or use of our products.
2. If you find that the product has does not perform to specifications at any time within ninety (90) calendar days of purchase, AkroSense will gladly replace the defective product. The defective product is to be returned by the customer to AkroSense.
3. AkroSense will not accept returns if the product has been damaged through misuse.
4. AkroSense accepts returns for any unopened product within 30 calendar days from the date of purchase, however this return is subject to a $2 + 15% restocking fee and shipping costs are the responsibility of the customer.
5. Customers must contact info[AT]etchglow.com to request aReturn Merchandise Authorization (RMA) number prior to returning products and follow the instructions provided on how to properly return the product.
Orders will generally ship within 1 – 3 days from receipt of purchase, though we do not guarantee shipment within this time period. We offer shipping via USPS, FedEx and UPS. For FedEx and UPS shipments, the cutoff time to place an order for shipping is 5PM Eastern timezone, if placed after this time it will ship on the next business day. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for contacting us to initiate any claim for damaged and/or lost shipments. You are responsible for paying any import duties and taxes on your order.
V. Our Content
1. 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 AkroSense or its content suppliers and is protected by United States and international copyright laws.
2. The compilation of all content on this site is the exclusive property of AkroSense and is protected by U.S. and international copyright laws.
3. All software used on this site is the property of AkroSense, its software providers, and/or distributors and is protected by United States and international copyright laws.
1. The Materials in AkroSense’s websites are provided ‘as is’ and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement.
2. We do not warrant that the functions contained in the materials on any of AkroSense’s websites will be uninterrupted or error-free, that defects will be corrected, or that any company site or the servers that make such materials available are free of viruses or other harmful components. AkroSense makes no guaranty that this site is secure and will operate on all combinations of hardware and software. By accepting this agreement, you waive all liability from AkroSense for any damage to hardware or software cause by this website’s servers.
3. We do not warrant or make any representations and explicitly disclaim any responsibility regarding the accuracy, availability, reliability, completeness, or otherwise of any information on this site.
VII. Ordering Disclaimer
Your electronic order confirmation does not signify AkroSense’s acceptance of your order. AkroSense reserves the right to deny shipment to anyone for any reason. AkroSense reserves the right to request additional information before processing any order. If an order appears fraudulent in any way, AkroSense reserves the right to cancel the order, notify the card holder, and notify the proper authorities.
VIII. Limitation of Liability
1. AkroSense’s liability will not exceed the amount actually paid by you. All other liabilities are waived. Further, you acknowledge that you waive all claims for relief against AkroSense for all causes of action incurred against AkroSense that are not pursued within thirty (30) days after purchase.
2. Ohio Law governs these Terms and Conditions. In the event a court finds a different jurisdiction to govern these Terms and Conditions, you waive provisions of the determined jurisdiction that limit the extent of a general release. An example of such provision is California Civil Code Section 1542, which reads “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.
IX. Other Terms and Restrictions
1. The user is solely responsible for his or her actions when using this website, including, but not limited to, costs incurred for Internet access.
2. You may only use this site for purposes expressly permitted by this site.
3. All the information you provide on this site must be correct, current, and complete.
4. You may not use AkroSense’s website(s) in any manner which could disable, overburden, damage, or impair AkroSense or interfere with any other party’s use and enjoyment of AkroSense.
5. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through AkroSense.
6. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
7. You shall not use our site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site.
8. You shall not fail to deliver payment for items purchased by you.
9. You shall not copy, modify, or distribute content from AkroSense’s copyrights and trademarks.
X. Our Right to Refuse Access
1. If AkroSense, in its sole discretion, has reason to believe that you are violating this agreement, then AkroSense has the right to refuse you access to this site.
2. Such remedies are in addition to any other remedies provided for by contract, law, equity, or otherwise.
XI. Changes to the Agreement
AkroSense reserves the right, in its sole discretion, with or without notice to you, to make changes to this Agreement at any time. You are responsible for regularly reviewing this Agreement. Continued use of any part of this website constitutes your acceptance of such changes. These terms of service supersede any other agreement between you and AkroSense.
XII. Location to Resolve Disputes
1. By accepting to these terms, you agree that any claim, cause of action or dispute (collectively, separately, or in any combination, “Claim”) arising from this Agreement or any conflict with AkroSense will be heard in a state or federal court in Summit County, Ohio, and that Ohio law will govern, without regards to conflicts of law provisions.
2. If you have questions about the above forum selection clause, please contact us.
XIII. Entire Agreement, Severability, Breach, and Headers
1. This agreement constitutes the entire agreement between you and AkroSense.
2. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
3. Headings are for reference purposes only and do not limit the scope or extent of such section.
4. We do not guarantee we will take action against all breaches of this agreement.
5. Failure of AkroSense to enforce any right or provision in this Agreement does not constitute a waiver of such right or provision unless acknowledged and agreed to by AkroSense in writing.
XIV. Contacting Us About These Terms and Our Website
If you have any questions about these terms, wish to report an issue with this site, or would like to report violators of these terms, contact info[AT]etchglow.com