| Terms and Conditions of Product Sales for Traffic Pillow Inc.
Disclaimer Although the information and recommendations at this Internet site are presented in good faith and believed to be correct, Traffic Pillow Inc. makes no representations or warranties as to the completeness, accuracy, or adequacy of the information provided. All information is provided "as is" without any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or freedom from computer viruses. Information is supplied upon the condition that the persons receiving it will make their own determination as to its suitability for their purposes prior to use. In no event will Traffic Pillow Inc. be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information from this site or the products to which the information refers. Traffic Pillow Inc. does not warrant the accuracy or timeliness of the materials on this site and has no liability for any errors or omissions in the materials. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this "Disclaimer" page, as well as all applicable laws, and such access and use is at the users own risk. Traffic Pillow Inc. accept no responsibility or liability whatsoever for any special, consequential, punitive, direct or indirect cost, claim, loss, injury, death, damage, delay, claim, or any other matter arising out of or in connection with the use of any Traffic Pillow Inc. product, even if advised of the possibility of such damages, especially but not limited to when operating a vehicle or any other situation which makes use of Traffic Pillow Inc. products, services, and information. We have the right without liability to change descriptions and specifications in relation to Traffic Pillow Inc. products at any time. These terms and conditions are subject to change from time to time without notice by updating or revising this "Disclaimer" page referred to as the Terms and Conditions of Product Sales. Price, Shipping & Availability changes Prices, shipping and availability are subject to change without prior notice. We reserve the right to make changes to our site for our products without notice. This may be due to market conditions, discontinuation of products, typographical, photographic or technical errors on our website. If you have ordered a product that is subject to a price or shipping increase, we will hold your order and inform you of the increase. Damaged Products If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify Traffic Pillow Inc. immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Traffic Pillow Inc. at http://www.trafficpillow.com/contact.php of damaged products within the first 3 days of receipt. Timely receipt of this information is necessary for Traffic Pillow Inc. to file a damage claim. Intellectual property Information and graphics contained in this site's server are protected by copyright as indicated by the symbol ©. Traffic Pillow Inc. reserves all rights to information provided on its site. Any use or modification, by any means, of any or all text or illustrations in this site that is made without the written consent of Traffic Pillow Inc. is illicit and may result in legal action. Products, processes and technologies described on this site may be covered by intellectual property rights owned by Traffic Pillow Inc. or third parties. No license or other right to use any intellectual property is granted. Traffic Pillow® is an intellectual property of Traffic Pillow Inc. Trademarks as displayed on this Site or on said company’s respective sites without prior written authorization from Traffic Pillow Inc. is a violation of Traffic Pillow Inc. trademark protection. Traffic Pillow Inc. will aggressively pursue any persons which have used this intellectual property without written permission and will prosecute to the fullest extent permitted by law. Submissions (Products and Ideas) Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Arbitration Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products sold pursuant to these Terms and Conditions of Product Sales, the interpretation or application of these Terms and Conditions of Product Sales or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions of Product Sales or Traffic Pillow Inc. advertising and marketing (collectively, a Claim) will be resolved, upon the election of Traffic Pillow Inc., customer or third parties involved, exclusively and finally by binding arbitration. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Traffic Pillow Inc. nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions of Product Sales, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. ╖╖ 1-16). The arbitration will take place exclusively in San Francisco, California. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Traffic Pillow Inc. arising out of sales hereunder will be exclusively litigated in court rather than through arbitration. All Terms and Conditions of Product Sales, including but not limited to Arbitration policy, are subject to change without notice. |