User's Acknowledgment and Acceptance of Terms & Conditions
Voxelight LLC ("Voxelight", "Us" or "We") provides the SUNSCREENR.COM and VOXELIGHT.COM websites and various related services (collectively, the "Site") to You ("You", "Purchaser") the user and purchaser, subject to Your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms & Conditions" or "Agreement"), as well as any other written agreement between us and You. Please read these Terms & Conditions carefully before submitting your pre-order of a Sunscreenr™ Device. By submitting your pre-order, you agree to be legally bound by these terms.
Payment of Pre-Orders must be made by credit card or debit card through the Sales Event website located at www.sunscreenr.com. The Sunscreenr Device ("Device") is expected to be ready to ship in July 2017, subject to reasonable delays in manufacturing and/or delivery. Your Device will be shipped in the order in which your pre-order is received by Voxelight LLC. Shipments will be made Monday through Friday, excluding holidays, unless otherwise noted.
2. Cancellation of Pre-Order
If Purchaser wants to cancel a Pre-Order or otherwise does not agree to these terms and conditions, Purchaser must notify Voxelight LLC in writing within 10 days of the applicable Pre-Order at email@example.com. Upon receipt of written notice of cancellation, Voxelight LLC will cancel the Pre-Order and the purchase will be fully refunded within ten (10) business days. No cancellations will be accepted later than ten (10) days after the receipt of the Pre-Order.
3. Taxes & Duties
Applicable sales tax will be collected for shipments made within the State of North Carolina, USA. Import duties, use taxes for other states within the USA, and other charges such as customs fees are not included in the item price or shipping cost. These charges are your responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to completing your Pre-Order. Custom declarations will reflect the actual price paid.
We may not be able to deliver to all locations. If Voxelight LLC cannot ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order or your money will be returned.
If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device must be returned by the Post Office or common carrier to Voxelight LLC prior to any refund. In that case you will not be charged for the Device, but you may be charged for shipping and restocking fee of $39 and such charges will not be reversed. If a Device is not successfully delivered because we made a mistake, you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact Voxelight LLC via firstname.lastname@example.org. Any delivery dates or times provided by Voxelight LLC (or a delivery agent) are estimates only and are not guaranteed.
5. Sunscreenr Device
Sunscreenr is not a medical device and it has not been reviewed or approved by the FDA. FDA-approved sunscreen should be used to obtain protection from ultraviolet rays, which cause sunburn. Your use of the Sunscreenr device is subject to the single use license agreements for all components and embedded software. Voxelight LLC makes no representations or warrantees on use or usability of such software.
Device Technical Specifications, as described in any Device description page, may vary slightly based on manufacturing changes or constraints. Battery life will depend on device settings, usage, and many other factors.
6. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL VOXELIGHT LLC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SUNSCREENR DEVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF VOXELIGHT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VOXELIGHT LLC's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY, EXCEED THE PURCHASE AMOUNT OF YOUR DEVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE DEVICE FAILS OF ITS ESSENTIAL PURPOSE.
If the Device is or becomes defective through no fault of your own within one (1) year of purchase, you may be entitled to a replacement, or repair of your device. If you have a defective device, please contact Voxelight LLC support. If Voxelight LLC provides you with a replacement device, you agree that Voxelight LLC may exchange the defective Device with either a new or refurbished Device. Nothing in this section affects your legal rights under applicable laws. Unless otherwise required under applicable laws, Voxelight LLC may only provide warranty support for Devices manufactured by Voxelight LLC that are located in the United States of America.
OTHER THAN THE WARRANTIES REFERRED TO IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOXELIGHT LLC EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. Force Majeure
Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
All information provided here is kept completely confidential, and is kept solely to service your Pre-Order. We do not share, sell or otherwise distribute any information gathered by this ordering system. Additional Privacy considerations may be found on the Privacy section of this website.
8. Governing Law
Your use of this Site and the terms of this Agreement shall be controlled by the laws of the State of North Carolina, Wake County, that being deemed the place of performance, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. You agree that any claim, dispute or controversy between us or claim by either of us against the other or the employees, agents or assigns of the other and any claim arising from or relating to this Agreement or the relationships which result from this Agreement, no matter against whom made, including the applicability of this arbitration clause and the validity of the entire agreement, shall be resolved by neutral binding arbitration by the American Arbitration Association under the Arbitration Rules in effect at the time the claim is filed. Any arbitration hearing at which You appear will take place at a location in the closest offices of the American Arbitration Association in and for Charlotte, North Carolina. Rules and forms of the American Arbitration Association may be obtained, and all claims shall be filed at the closest office of the American Arbitration Association located in and for Raleigh, North Carolina. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at INFO@VOXELIGHT.COM, if by email, or at Voxelight LLC, 9005 Leverton Ln., Raleigh, NC 27615 if by conventional mail. Notices to you may be sent to the address supplied by you as part of Your Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
10. Entire Agreement
These Terms & Conditions constitute the entire agreement and understanding between us concerning the subject matter of this Agreement and the Site, and supersedes any and all prior agreements, representations, acknowledgements, or understandings of the parties, whether in writing or orally made. These Terms & Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by You and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms & Conditions, these Terms & Conditions shall take precedence.
In any action to enforce these Terms & Conditions, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms & Conditions to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms & Conditions.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms & Conditions or related rights shall not constitute a waiver of that right or provision.
12. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by Voxelight LLC, located at 9005 Leverton Ln., Raleigh, NC 27615. Our telephone number is (919) 590-9786. If you notice any violations of these Terms & Conditions, please contact us at INFO@VOXELIGHT.COM.
Last Updated: October 1, 2016