Terms & Conditions
This website located at www.cartpros.com is operated by Electric Movement, a CA corporation under the FBN, CartPros. Throughout the site, the terms “we”, “us” and “our” refer to CartPros. CartPros offers this online store, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our store is hosted on Miva Merchant. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 2 - General Conditions
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this site, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in termination of your ability to login, leave feedback or purchase from this site.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
While we make diligent attempts to keep our site as up to date as possible, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. For example, we may occasionally offer a product online that is in the process of being discontinued by the manufacturer, or we may have product information about a product that has already been discontinued directing our customers to the replacement product. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site or on any related website, should be taken to indicate that all information on the site or on any related website has been modified or updated.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the site.
Section 5 - Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (LINK TO PAGE).
We have made every effort to display as accurately as possible the colors and images of our products that appear on our store. While we attempt to represent color as closely as possible we cannot guarantee that the photograph or your computer monitor's display of any color will be 100% accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the store will be corrected. Any product warranty for defective products would be provided by the mfg of the product.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors not authorized by CartPros.
You agree to provide current, complete and accurate purchase and account information for all purchases made through this online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
The use of a portion of this site may require the setup of an account with names, addresses, credit card information, etc. It is the responsibility of the user/customer to maintain the confidentiality of their own login (username and password) information. The user agrees to notify CartPros if there is any unauthorized use of your account.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
Section 8 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You hereby give us worldwide, royalty free rights to use any material you post or send us on the site.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 9 - Prohibited Uses
Section 10 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable.
You agree that from time to time we may remove the site for indefinite periods of time or close the site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CartPros, our directors, officers, employees, shareholders, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the site or any products procured using the service, or for any other claim related in any way to your use of the site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Product warranties, if any, are provided by the manufacturer of the product.
Section 11 - Indemnification
Section 12 - Severability
If any provision of these Terms is held to be unenforceable under applicable law, then (i) such provision shall be modified to the minimum extent necessary to make it enforceable, and (ii) the validity and enforceability of all the other provisions of these Terms shall not be affected thereby and shall be construed so as to give effect to the maximum extent possible to the intent manifested by the provision held unenforceable.
Section 13 - Entire Agreement
Section 14 - Governing Law
Use of this website shall in all respects be governed by the laws of the state of California, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the California courts located in Santa Clara county, California, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Section 16 - Contact Information
If you have a question or complaint regarding this website, please send an email to firstname.lastname@example.org. You may also contact us by writing to 3334 Victor Court, Santa Clara, Ca 95054, Attn: eCommerce Customer Support, or by calling us at 408.355.9940. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.