Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/OR PURCHASING FROM BatteryPacks.com.
The terms and conditions herein apply to all orders - phone, fax, trade show, online, in person, etc. Our terms and conditions will automatically supersede without notice any terms on a Purchase Order we receive. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use this site or make a purchase.
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BEFORE PURCHASE YOU MUST AGREE TO THE FOLLOWING:
I have read the warnings on the product page(s) and clearly understand the potential dangers of using lithium ion batteries. I understand that lithium ion batteries are designed and intended to be used within SYSTEM INTEGRATIONS OR BATTERY PACKS ONLY. I will ONLY use the products purchased from BatteryPacks.com in a manner that is specified by the manufacturer of the particular product.
I understand lithium ion batteries should not be kept or stored loose in a pocket/purse/etc, should be kept AWAY from metal objects to prevent short circuiting, and when not in use should ALWAYS be stored in the protective box/case in which the batteries were delivered.
When purchasing products for resale purposes, I agree to forward all warnings to all customers for their reference and safety. I will not sell the products purchased for use with or for e-cigarettes/vaporizers. I will not use the products purchased from BatteryPacks.com with or for e-cigarettes/vaporizers.
BatteryPacks.com makes no guarantee of merchantability, suitability, or fitness for a particular purpose. The purchaser or user is solely responsible for determining whether a particular product is compatible and/or suitable for a particular purpose. BatteryPacks.com does not provide a warranty, whether express or implied, for any product. Any applicable warranty is provided by the manufacturer of the product.
All pictures shown are for illustrative purposes only and may not be an exact representation of the product. Actual product may vary. Specifications are described per the manufacturer of the product and NOT BatteryPacks.com.
Unless agreed to in writing, BatteryPacks.com makes no guarantee, representation, or warranty that a particular product will have a particular lot number, batch number, serial number, date of manufacture, grade, rank, or quality.
Furthermore, I shall INDEMNIFY and hold BatteryPacks.com, its parents, directors, officers, partners, contractors, licencors, employees, and agents HARMLESS from and against all claims, demands, damages, liabilities, losses and expenses, including reasonable attorney’s fees, arising from the use or resale of the products in a manner that violates these terms and conditions.
BatteryPacks.com will not be held liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether BatteryPacks.com has been advised of the possibility of such damage.
Unless prohibited by law, in no event will BatteryPacks.com be held liable for any amount exceeding the price paid for the specific goods provided by BatteryPacks.com giving rise to the claim or cause of action.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BatteryPacks.com. The collective work includes works that are licensed to BatteryPacks.com.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BatteryPacks.com or purchasing BatteryPacks.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with BatteryPacks.com or to purchase BatteryPacks.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by BatteryPacks.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of BatteryPacks.com used in the site are trademarks or registered trademarks of BatteryPacks.com.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BatteryPacks.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. BatteryPacks.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BatteryPacks.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
BatteryPacks.com will not be held liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether BatteryPacks.com has been advised of the possibility of such damage.Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that an BatteryPacks.com product is mistakenly listed at an incorrect price, BatteryPacks.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BatteryPacks.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BatteryPacks.com shall issue a credit to your credit card account in the amount of the cancellation.
This contract is applicable to you upon your accessing the site and/or completing the registration or shopping process. This contract, or any part of it, may be terminated by BatteryPacks.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
BatteryPacks.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BatteryPacks.com.
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BatteryPacks.com products) shall be in the state or federal courts located in Harris County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BatteryPacks.com products) must be commenced within one (1) year after the claim or cause of action arises. BatteryPacks.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BatteryPacks.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an BatteryPacks.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
BatteryPacks.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BatteryPacks.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, BatteryPacks.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BatteryPacks.com in its sole discretion.
You agree to INDEMNIFY and hold BatteryPacks.com, its parents, directors, officers, partners, contractors, licencors, employees, and agents HARMLESS from and against all claims, demands, damages, liabilities, losses and expenses, including reasonable attorney’s fees, arising from the use or resale of the products in a manner that violates these terms and conditions.
In an attempt to provide increased value to our visitors, BatteryPacks.com may link to sites operated by third parties. However, even if the third party is affiliated with BatteryPacks.com, BatteryPacks.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BatteryPacks.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BatteryPacks.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Mindful of the high cost of litigation, not only in dollars, but also in time and energy, the parties intend to and do hereby establish the following out-of-court alternate dispute resolution procedure to be followed in the event any controversy or dispute should arise out of, or relating to this contract or relating to any change orders or other changes or addendum to this contract where the amount in controversy exceeds US$10,000.
If a dispute develops between the parties to this contract, they will submit to mediation to address any controversy or claim arising out of, or relating to this contract or relating to any change orders or other changes or addendum to this contract. Prior to the beginning of the mediation process, the parties may agree that if there is one or more disputed items that remain unresolved at the end of the mediation, the parties will proceed with binding mediation where the mediator will render a final and binding decision on those unresolved items, or the parties may elect to submit the remaining unresolved items to a med-arb procedure where a new and separate binding arbitration session will be scheduled to settle any unresolved issues remaining after the mediation session has been concluded. The parties must mutually agree to utilize binding mediation or arbitration or the parties will be bound only to participate in the mediation process. The mediation and/or arbitration shall be conducted by a dispute resolution service of BatteryPacks.com's choice. Both parties shall share the cost of the dispute resolution process equally up to and including the mediation settlement agreement or arbitration award although personal attorneys and witnesses or specialists are the direct responsibility of each party and their fees and expenses shall be the responsibility of the individual parties. As part of the decision of the mediator in binding mediation or as part of the Arbitration Award, the mediator or arbitrator shall award the prevailing party reasonable attorney’s fees and reasonable expenses in any manner in which the mediator or arbitrator feels is fair and equitable to the parties. The Mediation Settlement Agreement and/or Arbitration Award shall be binding on the parties and shall be enforceable in any court of competent jurisdiction.
What information do we collect?
- We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
- When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
- We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
- Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
- If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How do we protect visitor information?We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include BatteryPacks.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.