Prefer to order on the phone? Call +1 (877) 210-7911
Effective Date: January 01, 2019
To review material modifications and their effective dates scroll to the bottom of the page.
Invative Inc. ("Roadside Hero®") owns and operates this batteryresq.com website business. All references to "we", "us", this "website" or this "site" shall be construed to mean Roadside Hero®. We understand that visitors to this website are concerned about the privacy of information. The following describes our privacy policy regarding information, including Personal Information (defined below), that we collect through this website.
By using this website you are accepting the practices described in this Privacy Policy.
How We Modify This Privacy Policy
We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the "Privacy Policy" link on this site's home page. Your continued use of this site indicates your acceptance of the amended Privacy Policy.
You should check the Privacy Policy through this link periodically for modifications by clicking on the link provided near the top of the Privacy Policy for a listing of material modifications and their effective dates.
The Types of Information We Collect And How We Collect It.
Personal Information. We collect personal information that may be used to identify you (“Personal Information”). We collect Personal Information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey, fill out a form or order an affiliate product from another company we are working with. Personal Information that we collect may vary with each separate purpose for which you provide it, and it may include one or more of the following categories: name, physical address, an email address, phone number, credit card information including credit card number, expiration date, and billing address.
Usage Data. We reserve the right to collect information based on your usage of this site which is information collected automatically from this site (or third party services employed in this site ), which can include: the IP addresses or domain names of the computers utilized by the users who use this site, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the user, the various time details per visit (e.g., the time spent on each page within the site) and the details about the path followed within the site with special reference to the sequence of pages visited, heat map data, and other parameters about the device operating system and/or the user's IT environment ("Usage Data"). Usage Data is essentially anonymous when collected, but could be used indirectly to identify a person.
How We Use Your Information
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience
(your information helps us to better respond to your individual needs)
To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
(We may share or sell information with third parties for marketing or other purposes without your consent)
To administer a contest, promotion, survey or other site feature
To process transactions
(We may share or sell information with third parties for marketing or other purposes without your consent)
To process transactions
(We may share or sell information with third parties for marketing or other purposes without your consent)
To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order or request, in addition to receiving occasional company news, updates, promotions, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include unsubscribe instructions at the bottom of each email.
We reserve the right to make full use of Usage Data without restriction. For example, we may use Usage Data to compile and analyze statistics and trends about the use of this site, and otherwise administer and improve this site for your use.
How We Disclose Or Share Your Information; Your California Privacy Rights
Personal Information. We may share or sell Personal Information to third parties for marketing or other purposes without your consent. California Civil Code Section 1798.83 permits California residents to request certain information regarding disclosure of their Personal Information to third parties for purposes of direct marketing. You may request further information about our compliance with California Civil Code Section 1798.83 at the following email address: info(at)batteryresq.com. Please note that we are only required to respond to one request per registrant each year, and we are not required to respond to requests made by means other than through this the address provided above.
Disclosure to Affiliated Entities. We reserve the right to provide your Personal Information to any affiliated entities we may have, including our subsidiaries. Affiliated entities are entities that we legally control (by voting rights) or that control us.
Disclosure to Service Providers for Website Operations. We reserve the right to disclose your Personal Information to our trusted service providers that assist us with the operation and maintenance of this site. For example, we may use third parties to process payments, host our servers, provide security, and provide production, fulfillment, optimization, analytics, and reporting services. We will take commercially reasonable efforts to cause these third parties to agree to hold your information in confidence or to disclose information only to third parties that we believe in good faith have instituted and follow privacy and security policies that are acceptable to us.
Disclosure to Successors. If we are acquired by or merged with a third party entity, or if we sell this website business or a line of business from this website, we reserve the right to transfer your Personal Information as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we reserve the right to transfer your Personal Information to protect our rights or as required by law.
Disclosure Incident to Legal Process and Enforcement. We reserve the right to disclose your Personal Information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), or (ii) to investigate or enforce violations of our rights or the security of this site.
When We Participate In a Joint Venture. We may participate with another company or individual for purposes of jointly promoting our products, services, promotions or contests or their products, services, promotions, or contests. We reserve the right to right to disclose your Personal Information to them for purposes of (i) compensation, transaction processing, fulfillment, and support, and (ii) for purposes of offering you other products, services, promotions, and contests. These joint venture marketing partners may also contact you regarding other products, services, promotions, or contests.
Marketing Partners. We may share your Usage Data with our marketing partners including third party service providers, advertisers, advertising networks and platforms, advertising agencies, and data brokers and aggregators to serve and offer personalized ads. We may share Personal Information with our marketing partners to correlate and match our list with our marketing partners' lists for purposes of creating an "audience" for serving personalized ads.
How We Protect Your Information
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion
We utilize password protected directories and databases to safeguard your information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your Personal Information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Despite all of these efforts to protect your information, no data transmission over the Internet can be guaranteed to be 100% secure. We cannot, therefore, warrant or ensure the security of any information you transmit to us or from our online products or services, and you do so at your own risk..
Specific Information About Cookies, Web Beacons, And Behavioral Ads
1st Party Cookies. We use 1st party cookies (passed by us) to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
3rd Party Cookies for Web Analytics and Reporting. We reserve the right to use web analytics services provided by 3rd parties. These services use 3rd party cookies (cookies passed by others, not by us) to collect Usage Data about your use of this site. These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service's behalf.
Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google utilizes the data collected to track and examine the use of this site, to prepare reports on its activities, and to share them with other Google services. Information collected: cookie and Usage Data. Visit Privacy Policy at https://www.google.com/intl/en/policies/?fg=1 You may optout of the Google Analytics service with the Google's Browser Add-on that's available at https://tools.google.com/dlpage/gaoptout/
3rd Party Cookies for Crediting Purchases To Affiliates; Flash Cookies. We reserve the right to use 3rd party cookies, including Flash cookies, for purposes of crediting any purchase you may make on this site to one of our affiliate marketing partners that may have referred you to us. These cookies will only be used for purposes of crediting sales to the referring affiliate and not for other purposes such as serving behavioral ads. Flash cookies are not the same as “browser cookies”. Flash cookies consist of an Adobe Flash Media Player local shared object (LSO) that is used for tracking purposes. The Adobe Flash Media Player is software that enables users to view content on their computers. Flash cookies are also accompanied by a browser cookie. If you delete the browser cookie, the Flash cookie may automatically create (or re-spawn) a replacement for the browser cookie. However, recent announcements indicate that IE 8 and IE 9 browsers have been updated to also delete Flash cookies with an their “delete browsing history” feature. For more information, Google “How to delete flash cookie”.
Web Beacons - sometimes called single-pixel gifs or clear gifs - are used to assist in delivering cookies, and they allow us to count users who have visited pages of our site. We may include Web Beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon. Re-Marketing, Targeted Ads, Online Behavioral Ads
We reserve the right to participate with third party advertising partners in remarketing and behavioral targeting programs. These services allow us and our partners to display ads that are likely to be more relevant (such as behavioral or targeted ads that are based on information about your browsing history). This activity is performed by tracking Usage Data and by using cookies to transfer information to the partners that manage the remarketing and behavioral targeting activity.
These third party ad servers or ad networks may also use cookies and other tracking devices to track your activities on this site to measure advertisement effectiveness and other reasons that will be provided in their own privacy policies. Tracking may include, but not limited to, the following: first party cookies, third party cookies, anonymous cookies, persistent identifiers, email optin, and search engine keywords. We have no access or control over these cookies and other tracking devices that may be used by third party advertisers, and we have no responsibility or liability for the policies and practices of these sites.
AdWords Remarketing (Google) - We reserve the right to participate in AdWords Remarketing which is a Remarketing and Behavioral Targeting service provided by Google Inc. that connects the activity of this site with the Adwords advertising network and the Doubleclick cookie. Information collected: cookie and Usage Data. For the opt-out, visit https://support.google.com/ads/answer/2662922?hl=en
For information in general about Google's remarketing ad campaigns, and specifically about information regarding DoubleClick cookies and how to control and manage Google's advertising cookies for these campaigns, visit http://www.google.com/policies/technologies/ads/
For another Google resource for opting our of Google's use of cookies, visit http://www.google.com/settings/ads
For information regarding how Google uses data when you use Google's partners' sites or apps, visit http://www.google.com/policies/privacy/partners/
For anther resource recommended by Google for opting out of a third party vendor's use of cookies, visit http://www.networkadvertising.org/managing/opt_out.asp
Remarketing through Google Analytics for Display Advertising (Google) - We reserve the right to participate in any and all of the following Google Analytics Advertising Features provided by Google Inc. - Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting. These features use first party cookies (such as the Google Analytics cookie) for connecting the tracking activity performed by Google Analytics and its cookies with the Adwords advertising network and the DoubleClick cookie (a third party cookie). Information collected: cookie and Usage Data, including audience data such as age, gender, and interests. For the opt-out, visit https://support.google.com/ads/answer/2662922?hl=en You may optout of the Google Analytics service with the Google's Browser Add-on that's available at https://tools.google.com/dlpage/gaoptout/
For information in general about Google's remarketing ad campaigns, and specifically about information regarding DoubleClick cookies and how to control and manage Google's advertising cookies for these campaigns, visit http://www.google.com/policies/technologies/ads/
For another Google resource for opting our of Google's use of cookies, visit http://www.google.com/settings/ads
For information regarding how Google uses data when you use Google's partners' sites or apps, visit http://www.google.com/policies/privacy/partners/
For anther resource recommended by Google for opting out of a third party vendor's use of cookies, visit http://www.networkadvertising.org/managing/opt_out.asp
Custom Audience (Facebook). We may participate in Facebook.com's Custom Audience program which enables us to display personalized ads to persons on our email lists when they visit Facebook.com. We provide Personal Information such as your email address and phone number to Facebook to enable Facebook to determine if you are a registered account holder with Facebook. You may optout of participation in our Facebook Custom Audience by sending an email, from the email address you are opting out of, to the email address provided in our contact information below. For your optout to be effective, you must: (i) place the following text in the subject line of the email - "Opting Out of Facebook.com Website Custom Audience Ads", and (ii) in the body of the email, include your name and email address. We will forward your name and email address to Facebook.com with a request to delete you from all of our Facebook Custom Audience Ads.
Other Remarketing Services. We reserve the right to participate in additional remarketing services that will be similar to the remarketing services described above. These services will allow us and our partners to display ads that are likely to be more relevant (such as behavioral or targeted ads that are based on information about your browsing history). You may access these services to opt out: http://www.networkadvertising.org/choices/ and http://www.aboutads.info/choices/ .
Social Media Interactions
We invite you to socialize and share your participation with this site and purchases. If you choose to use social media platforms such as Facebook, Twitter, Pinterest, and Instagram, you will be allowing interaction with these platforms or other external platforms directly from this site, and in the process you may be sharing certain profile elements, including your comments. This sharing is subject to each social media program's privacy policies.
Do Not Track Requests
Some Web browsers incorporate a "Do Not Track" feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates "Do Not Track" signals to websites differently, making it unworkable to honor each and every request correctly. In order to alleviate any communication error between browsers and website, we do not respond to "Do Not Track" signals at this time. As the technology and communication between browser and website improves, we will reevaluate the ability to honor "Do Not Track" signals and may make changes to our policy.
Updating Personal Information
Upon request, we will permit you to request or make changes or updates to your Personal Information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your Personal Information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
Onward Transfer Outside Your Country Of Residence
Any Personal Information which we may collect on this site will be stored and processed in our servers located only in the United States. By using this site, if you reside outside the United States, you consent to the transfer of Personal Information outside your country of residence to the United States.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children’s Online Privacy Protection Act Compliance
We are committed to preserving online privacy for all of its website visitors, including children. This site is a general audience site. Consistent with the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child's information, please contact our site as provided below under "Contact Us", and be sure to include in your message the same login information that your child submitted.
Contact Us:
10946 Ratner St #1759
Sun Valley CA 91352
USA
support@roadsidehero.com
(877) 210-7911
To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to these Terms of Use are you, and the owner of this buyroadsidehero.com website business, Invative Inc. ("Roadside Hero®"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Roadside Hero®.
2. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
3. Use And Restrictions. Subject to these Terms of Use, our Privacy Policy, and the additional policies posed at the bottom of our home page, including without limitation our Return Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
5. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
6. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. DMCA Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Invative Inc.
10946 Ratner St #1759
Sun Valley CA 91352
Agent's Name/Email Address: support@buyroadsidehero.com
Telephone:(877) 210-7911
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10. Warranty Disclaimers.
10.1 EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.2 IN USING OUR SITE AND RELATED MATERIALS AND SERVICES, IT REMAINS YOUR RESPONSIBILITY TO COMPLY WITH ANY AND ALL APPLICABLE LOCAL, STATE, AND FEDERAL CODES, REGULATIONS, AND LAWS REGARDING BUILDING STANDARDS, INSPECTION REQUIREMENTS, PERMITTING REQUIREMENTS, PUBLIC SAFETY STANDARDS, AND OTHER RELEVANT CONCERNS. THIS INCLUDES ANY APPLICABLE HOMEOWNERS ASSOCIATION RULES AND/OR HOMEOWNERS INSURANCE GUIDELINES. YOU SHOULD CONTACT PROFESSIONALS AND/OR EXPERTS FOR ASSISTANCE AND/OR ADVICE AS IS NECESSARY TO SAFELY AND PROPERLY COMPLETE ANY IMPLEMENTATION OF THE METHODS AND SYSTEMS DESCRIBED IN THE MATERIALS. YOU ARE RESPONSIBLE FOR YOUR ACTIONS, AND AGREE TO INDEMNIFY AND/OR HOLD HARMLESS ROADSIDEHERO® FOR ANY LOSS, INJURY, DEATH, CLAIM (WHETHER VALID OR INVALID), JUDGMENT, SUIT, PROCEEDING, DAMAGES, COSTS AND/OR EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM ANY ACTION TAKEN BY YOU WHEN USING OR MISUSING INFORMATION IN THE MATERIALS.
10.3 ALL PRODUCTS FROM THIS SITE, US OR OUR RELATED COMPANIES ARE STRICTLY FOR INFORMATIONAL PURPOSES ONLY. WHILE ALL ATTEMPTS HAVE BEEN MADE TO VERIFY INFORMATION PROVIDED ON OUR WEBSITE AND IN THE PUBLICATIONS, NEITHER THE AUTHORS NOR THE PUBLISHERS ASSUMES ANY RESPONSIBILITY OR LIABILITY. THE AUTHORS AND PUBLISHERS DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS. LOSS OF PROPERTY, INJURY TO SELF OR OTHERWISE, OR EVEN DEATH CAN OCCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF THE USE AND APPLICATION OF ANY CONTENT FOUND HEREIN.
10.4 THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
13. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
14. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
15. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Invative Inc.
10946 Ratner St #1759
Sun Valley CA 91352
Agent's Name/Email Address: support@buyroadsidehero.com
Telephone: (877) 210-7911
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254 .
16. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Denver, Colorado, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Colorado, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
17. Jurisdiction And Venue. The courts of Denver County in the State of Colorado, USA and the nearest U.S. District Court in the State of Colorado shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
18. Controlling Law. This Agreement shall be construed under the laws of the State of Colorado, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
20. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
21. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
22. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
23. Purchases. Credit Cards - We accept the following credit cards: Visa, MasterCard, American Express and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.
Money Orders, Cashier’s Checks, Company Checks, & Personal Checks: We accept money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks.
24. Multiple Product Orders. For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
25. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sample Store reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
26. Other Conditions. These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Sample Store. signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
27. Out-of-Stock Products. We will ship your product as it becomes available. Usually, products ship the same day if ordered by 5:00PM, or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
28. Contests and Special Offers. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Sample Store site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Sample Store site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
3rd Party Cookies for Crediting Purchases To Affiliates; Flash Cookies. We reserve the right to use 3rd party cookies, including Flash cookies, for purposes of crediting any purchase you may make on this site to one of our affiliate marketing partners that may have referred you to us. These cookies will only be used for purposes of crediting sales to the referring affiliate and not for other purposes such as serving behavioral ads. Flash cookies are not the same as “browser cookies”. Flash cookies consist of an Adobe Flash Media Player local shared object (LSO) that is used for tracking purposes. The Adobe Flash Media Player is software that enables users to view content on their computers. Flash cookies are also accompanied by a browser cookie. If you delete the browser cookie, the Flash cookie may automatically create (or re-spawn) a replacement for the browser cookie. However, recent announcements indicate that IE 8 and IE 9 browsers have been updated to also delete Flash cookies with an their “delete browsing history” feature. For more information, Google “How to delete flash cookie”.
29. Returns. We offer what we believe to the “best in industry” policy for returns. Please review our Return Policy for terms and conditions.
30. Shipping Policy. Shipping Time – Most orders received before 5:00PM will ship the same day, provided the product ordered is in stock. Most orders received after 5:00 PM will ship the next business day. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement.
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Sample Store or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
31. Taxes. Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
32. Typographical Errors. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have 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 canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price
Prefer to order on the phone? Call +1 (877) 210-7911
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