TERMS AND CONDITIONS
Workmanship Liability Waiver for self-installation of intrinsically safe store cases.
You the Customer acknowledge that you will install the device into the Xciel Enclosure and that Intrinsically Safe Store LLC & Xciel has no responsibility for any installation not performed by Intrinsically Safe Store LLC & Xciel or Intrinsically Safe Store LLC & Xciel approved installers, If the workmanship of such an installation is not properly performed, the customer bears all liability for any damages that may result from such workmanship.
If you the Customer replaces the Device in the Intrinsically Safe Store LLC & Xciel, or otherwise repairs Xciel Enclosure, the same above described disclaimers apply wherein Intrinsically Safe Store LLC & Xciel is not responsible.
All normal Intrinsically Safe Store LLC & Xciel manufacturing and grantees still apply to the Xciel Enclosure upon receipt of Xciel Enclosure by the Customer, wherein Xciel Remains responsible for manufacturing defects in the Xciel Enclosure.
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 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, the 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.
- 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.
Dishonored Checks & Credit Card Charge Backs
If you pay by check or credit/debit card and your payment is dishonored for any reason, including but not limited to insufficient funds, placing a stop-pay, filing a credit-card dispute or any other reason full payment for your order is not fulfilled, you agree unconditionally to reimburse us for the full cost of your order, plus any and all incurred costs associated with your financial breach, including but not limited to the product cost from our manufacturing and supplier partners from whom we source our products, card processing and/or bank fees, the reasonable value of the time our employees spend addressing the matter, 3rd party collection costs, court costs and attorney fees. Further, if you file a credit card dispute and/or chargeback without first corresponding with us about the details of your dispute in order to allow us ample and reasonable time to investigate and respond to your dispute, upon a resolution in our favor, you agree to reimburse us for any and all costs incurred in researching and responding to such a dispute/chargeback, plus a minimum research cost of $250.00 USD per hour. We also reserve the right to report such incidents for inclusion in the chargeback abuse repositories. And, to the extent most credit card companies side with their cardholder as a matter of policy, you further agree that any credit card dispute/chargeback resolved in your favor does not, in any manner whatsoever, supersede nor absolve your continuing financial obligation to us, as memorialized herein.
- 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.
- “https://intrinsicallysafestore.com” and other marks indicated on our website are trademarks or registered trademarks of “https://intrinsicallysafestore.com”, or its subsidiaries (collectively “Intrinsically Safe Store LLC”), in the United States, Canada and/or any other jurisdictions. ‘Intrinsically Safe Store LLC” graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of “Intrinsically Safe Store LLC”. “Intrinsically Safe Store LLC’s” trademarks and trade dress may not be used in connection with any product or service that is not ‘Intrinsically Safe Store LLC”, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ‘Intrinsically Safe Store LLC”. All other trademarks, logo’s, or slogans not owned by ‘Intrinsically Safe Store LLC” that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “Intrinsically Safe Store LLC.”
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.
- 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. intrinsically safe 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.
- 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
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
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 of a charge back is made in the customers favor we reserve the right to collect any costs associated 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, incurred 3rd-party collection costs, as well as the reasonable value of the time of our employees spent on the matter.
Any and all customers of Intrinsically Safe Store LLC agree to provide the use of their trademark including company name, logo and non-sensitive, non-personal user information to be used for public case study and marketing purposes. This could include but not limited to, logo, company name, writing, video and photos. The testimonials may be edited and used for public marketing, training and quality purposes both online and off-line. If the use of Client information is not permitted by the Client we must be notified in writing and agreed by writing. If the client requests their mark to be removed they agree to pay any removal costs at a reasonable rate to recover any content marketing costs incurred to create this material and marketing asset.
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
- 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 acknowledgment. The Premium Protect Service Plan includes phone and remote support (e.g., over the phone or via the Customer’s computer with an 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
- Manufacturer 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
Customers 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
The 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 INDEFINITELY 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, the 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 canceled 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.
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.
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.
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 OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, 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.
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.
12. Sales Tax – Should any sale, import, export and/or use tax be imposed on any part of this transaction by any federal, state, local authority, all said tax shall be collected from Purchaser and remitted by Seller prior or after the transaction. It is also understood that Purchaser will become responsible for any use, ad valorem, and other taxes on its ownership of the Ownership Interests in the Asset with respect to periods after delivery of the Ownership Interests to Purchaser. Purchaser shall bear and be responsible for the payment of the amount of such tax (including any related interest or penalties). Upon receipt of notice of any such tax or imposition, the party receiving the notice shall promptly provide a copy to the other party. Either party may, at its own cost and expense, commence and participate in a contest of the validity, applicability or amount of any such tax or other imposition.
13. Maximum Re-Sale Price Hand Sanitizer
In consideration of the ongoing Pandemic, the Buyer (anyone purchasing from Intrinsically Safe Store LLC agrees to comply with all applicable State, Federal and International anti-price gauging laws. Buyer further agrees NOT re-sell Hand Sanitizer (the “Product”) for more than 150% above the Sale Price quoted for the Product. Buyer acknowledges that this is a material term of the Purchase Order and that any breach thereof will result in material harm to Intrinsically Safe Store’s reputation with the public and in the business community. The buyer further agrees and acknowledges the precise amount/value of the harm to Intrinsically Safe Store is not easily calculated. Therefore the Customer agrees that, in addition to any damages, which may be awarded at law, Intrinsically Safe Store is entitled to injunctive relief precluding the further re-sale of Intrinsically Safe Store’s Hand Sanitizer by the customer, along with liquidated damages in the sum of $18.00 for each gallon of the Product purchased by Customer as an appropriate remedy in the event of Customer’s breach. Customer acknowledges and agrees that the amount of the liquidated damages represents a fair and reasonable estimate of the damages which will be sustained by Intrinsically Safe Store. The buyer further agrees that it will be responsible for the payment of any attorney fees or other costs associated with the enforcement of this Purchase Order Addendum by Intrinsically Safe Store. The parties agree that the validity, operation, and performance of this Purchase Order Addendum Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas which shall have exclusive jurisdiction over any dispute or claim associated in any manner with this addendum.
14.Hand Sanitizer Product Informations
The information contained, and the recommendations made in the hand sanitizer product page are based upon data collected and believed by us to
be correct. However, no guarantee or warranty of any kind, expressed or implied, is made herein with respect to the merchandise
described and we assume no responsibility for the results or the use thereof. Typical properties, where stated, are to be considered
as representative of current production and should not be treated as specifications.
Revision Date: April 5, 2020