Terms And Conditions

TERMS AND CONDITIONS

Welcome to IntrinsicallySafeStore.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern IntrinsicallySafeStore.com’s relationship with you in relation to this website.

The term “IntrinsicallySafeStore.com” or “us” or “we” refers to the owner of the website; whose registered office is 2411 Washington Ave. Suite 455, Houston, Texas, 77007 and registered business name is “Intrinsically Safe Store LLC.” The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, alteration, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies, changes or errors and we expressly exclude liability for any such inaccuracies, changes over time or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website are subject to the laws of the United States of America.
  • Certain states require the delivery of an Annual Purchase Summary to customers within that state. By making a purchase with IntrinsicallySafeStore.com, customer agrees to opt-in to electronic delivery (via email) of this summary.  This Annual Purchase Summary is a tax document that may require action on part of the customer.

Errors

  • In the event that a IntrinsicallySafeStore.com product is mistakenly listed at an incorrect price, IntrinsicallySafeStore.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, or for orders in which the total has been calculated incorrectly. Intrinsically SafeStore.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 canceled, IntrinsicallySafeStore.com shall issue a credit to your credit card account in the amount of the incorrect price.

Charge Backs

If you pay by credit/debit card you agree not to file a card chargeback with regard to the purchase without first corresponding with us about the details of your dispute and allowing us reasonable time to investigate and respond to your dispute. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor you agree to reimburse us for any costs incurred in researching and responding to such chargeback with a minimum research cost of $250.00 USD, including our actual costs paid to the card processor or our banks, other third parties, as well as the reasonable value of the time of our employees spent on the matter. We reserve the right to report the incident for inclusion in the chargeback abuser databases. In the event a charge back is made in the customers favor we reserve the right to collect any costs assoicated with the order. This includes the product cost from our manufacturing and supplier partners where we source the product from, card processor or bank fees as well as the resonsble value of the time of our employees spent on the matter.

Warranty

  • NO WARRANTY EXPRESSED, WRITTEN, OR IMPLIED is made on any products made or sold by IntrinsicallySafeStore.com. All descriptions given by IntrinsicallySafeStore.com as to function are for reference only and are not a guarantee. IntrinsicallySafeStore.com cannot assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold. IntrinsicallySafeStore.com shall not, under any circumstances, be liable for any special, incidental or consequential damages, including but not limited to damage or loss of goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these products. By purchasing, using, or installing the product, the purchaser agrees to all of these terms.

Emissions & Certification Laws & Operating Requirements

  • It is your sole responsibility to comply with all applicable laws, policies and operating requirements. Please confirm with your intern polices, government, regulatory and manufactures to confirm the product/service you purchase is fit for purpose.

INDEMNIFICATION

  • You agree to defend, indemnify, and hold harmless IntrinsicallySafeStore.com and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. IntrinsicallySafe Store.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with IntrinsicallySafeStore.com in asserting any available defenses.

International Use

  • IntrinsicallySafeStore.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice Of Law And Forum

  • These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Sever-Ability And Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and IntrinsicallySafeStore.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Intrinsically Safe Store IntrinsicallySafeStore.com

Charge Backs

If you pay by credit/debit card you agree not to file a card chargeback with regard to the purchase without first corresponding with us about the details of your dispute and allowing us reasonable time to investigate and respond to your dispute. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor you agree to reimburse us for any costs incurred in researching and responding to such chargeback with a minimum research cost of $250.00 USD, including our actual costs paid to the card processor or our banks, other third parties, as well as the reasonable value of the time of our employees spent on the matter. We reserve the right to report the incident for inclusion in the chargeback abuser databases. In the event a charge back is made in the customers favor we reserve the right to collect any costs assoicated with the order. This includes the product cost from our manufacturing and supplier partners where we source the product from, card processor or bank fees as well as the resonsble value of the time of our employees spent on the matter.

 

INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE

Not sure which plan you have? No problem.

Call us at Call 1-832-699-6726 or visit https://intrinsicallysafestore.com

 

TERMS OF SERVICE

  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

These Intrinsically Safe Store Premium Protect Service Terms of Service (“Service Terms”) are provided to you (“Customer”) in connection with the Intrinsically Safe Store Premium Protect Service Plan (the “Service”) that you have purchased.

These Service Terms comprise the entire agreement between Customer and Intrinsically Safe Store Premium Protect Service with respect to the Service.

  • DESCRIPTION OF SERVICE

The Customer has purchased the Premium Protect Service Plan as identified on the Customer’s receipt or order acknowledgement. The Premium Protect Service Plan includes phone and remote support (e.g., over the phone or via the Customer’s computer with a Intrinsically Safe Store Premium Protect Service Agent logged into the Customer’s computer or via their own computer). Or the Advanced Support Plan: in addition to phone and remote support, the Service includes on-site support as deemed necessary and appropriate by the Intrinsically Safe Store Premium Protect Service Agent. Additional charges apply for on-site support.

For both of the above plans, the Service shall include the following:

  • Product help, basic setup guidance and product support
  • Manufacture Warranty guidance

Service is on a per-named user basis per product. Each named user requires a separate service plan (e.g., if 5 named users / employees at a company require service, 5 service plans will need to be purchased along with 5 devices). A single plan cannot be used for multiple users and devices. Eligible devices include anything that the Intrinsically Safe Store carries and offers Premium Protect Service on.

Training services are not included in the Service but are available at Intrinsically Safe Store Premium Protect Service’s standard service rates. To obtain Service, Customer must have access to a functioning high-speed Internet connection and

Customer must have up-to date antivirus software installed on any PCs.

Intrinsically Safe Store Premium Protect Service shall attempt to complete all Services in accordance with good industry standards. If a particular situation requires extraordinary effort or time, in its sole and reasonable discretion, Intrinsically Safe Store Premium Protect Service may limit the scope or nature of the Service. Please note that the following are not covered under this Service:

• New server and /or new VPN installations

• Hardware failure; hardware repair or replacement

3. CANCELLATION AND RENEWALS

Customer may cancel the Service and obtain a refund of the price the Customer paid, less the value of any service provided, if the cancellation occurs within 30 days of Customer’s date of purchase of the Service. No refunds will be provided after such 30-day period. The fee (including activation fee) for the Service is a set fee without regard to usage. Except for the right to cancel and receive a refund during the initial 30-day period, there will be no full or partial refund of the fee even if the Customer does not use the Service thereafter. All plans are per annum and based on an annual renew period. SUCH PLAN WILL RENEW AUTOMATICALLY ON A ANNUAL BASIS INDEFINATELY UNLESS THE PLAN IS CANCELLED BY YOU OR BY INTRINSICALLY SAFE STORE. As charges are billed in advance for annual plans and in advance of any applicable renewal period, Customer must cancel his or her subscription before the new year or applicable renewal period begins to avoid billing. To cancel the Service, you may contact your Account Manager, [email protected] or call 1-832-699-6726. This Plan may be cancelled by us for any reason, including fraud, material misrepresentation, unsafe work, environment/conditions as determined by us, or nonpayment of the Service fee if you have purchased an annual plan (“Non-Payment Event”). If a Non-Payment Event occurs, we will

provide you written notice, via mail and/or email, of the Non-Payment Event. If the Non-Payment Event is not cured within 30 days of the due date, will incur late payment interest at the rate of 15% compounded monthly on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the owed via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $1,000. In such circumstances, you shall be liable for any and all additional administrative, collection and/or court costs. Returned cheques will incur a $100 charge to cover administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

If you pay by credit/debit card you agree not to file a card chargeback with regard to the purchase without first corresponding with us about the details of your dispute and allowing us reasonable time to investigate and respond to your dispute. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor you agree to reimburse us for any costs incurred in researching and responding to such chargeback with a minimum research cost of $250.00 per hour USD, including our actual costs paid to the card processor or our banks, other third parties, as well as the reasonable value of the time of our employees spent on the matter. In the event that a chargeback is placed on a transaction that will be considered notification of cancellation by you. We also reserve the right to report the incident for inclusion in the chargeback abuser databases.

4. MODIFICATIONS TO SERVICE TERMS

Intrinsically Safe Store Premium Protect Service may change the terms and conditions of these Service Terms from time to time by posting the changes to www.intrinsicallysafestore.com, Intrinsically Safe Store Premium Protect Service shall not be liable to Customer or any third party should Intrinsically Safe Store Premium Protect Service exercise its right to modify or discontinue the Service. Customer’s continued use of the Service constitutes an affirmative agreement to any such modifications.

Notification of Changes The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. Any changes to our privacy policy will be posted on our web site when these changes take place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

5. PRIVACY POLICY

It is Intrinsically Safe Store Premium Protect Service’s policy to respect the privacy of its Customers. For information on our privacy practices, please call INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE or review our privacy policy at www.intrinsicallysafestore.com

6. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA

Customer agrees that prior to Intrinsically Safe Store Premium Protect Service servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer

disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Intrinsically Safe Store Premium Protect Service and/or its third party service provider, neither Intrinsically Safe Store nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks,

laser disks, cassettes, DVDs, film or other media.

7. LIMITATIONS TO SERVICE

Intrinsically Safe Store Premium Protect Service shall not be liable for any failure or delay in performance due to any cause beyond its control. Intrinsically Safe Store Premium Protect Service and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or industry regulations and laws including but not limited to HIPAA

compliance and Gramm-Leach-Biley Act or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by Intrinsically Safe Store Premium Protect Service.

8. INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Intrinsically Safe Store Premium Protect Service (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens,  incumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Intrinsically Safe Store Premium Protect Service by reason of, or arising from: (a) Customer’s breach of these Service Terms; (b) Customer’s actual or alleged infringement of any patent,

copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Intrinsically Safe Store Premium Protect Service or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).

9. DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTRINSICALLY SAFE STORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR

INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM INTRINSICALLY SAFE STORE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.

10. LIMITATION OF LIABILITY

INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR

MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OFCUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF INTRINSICALLY SAFE STORE PREMIUM PROTECT SERVICE HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Intrinsically Safe shall not be responsible at any time for any loss, alteration, or corruption of any software,

data, or files. Intrinsically Safe Store Premium Protect Service shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Intrinsically Safe Store Premium Protect Service. Notwithstanding any language to the contrary, Intrinsically Safe Store Premium Protect Service’s maximum liability to Customer arising from or related to Intrinsically Safe Store Premium Protect Service under this Agreement shall be limited to the sums paid by Customer to Intrinsically Safe Store Premium Protect Service under this Agreement during the three months prior to the time the cause

of action arose.

11. LAWS

These Service Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law provisions. Customer and Intrinsically Safe Store Premium Protect Service agree to submit to the exclusive jurisdiction of the courts in Houston, Texas. If any provision(s) of the Agreement is

held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Intrinsically Safe Store Premium Protect Service agree that any cause of action arising out of or related to this Service must commence within one (30 days) after the cause of action arose; otherwise, such cause of action is permanently barred.