Terms of service

Welcome to the Rx Smart Gear, Inc (RXSG) Website. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Service). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Service.
We reserve the right to amend the Terms of Service at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Service. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
Orders
While we try to ensure that all details, descriptions and prices that appear on this website are accurate, errors may happen. We may choose to not fulfill any order (or part of any order) you have placed where this website contains errors or inaccuracies, including, but not limited to, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. If we choose to not fill any order (or part of any order) you have placed, we will refund you the monies you have paid to us relating to the goods or services we have chosen not to provide (including delivery relating to those goods or services).

Where your order relates to goods:

risk in the goods will pass to you when we place the goods in the post or with another delivery service; and

subject always to our right to choose not to fulfill any order (or part of any order) above, title to the goods will only pass to you once you have paid us the price relating to the goods (as specified in your order).

Our services
We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimize delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.
Prohibited conduct
In relation to the Website, you must not:

use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;

use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;

use the Website to send unsolicited email messages;

in any way tamper with, hinder or modify the Website;

knowingly transmit any viruses or other disabling features to the Website or via the Website; or

attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual Property
The material on the Website, including the software, design, text, images and graphics included in the Website and the selection and layout of the Website are owned or under license by RXSG and protected by United States and international laws.
Your use of the Website does not grant you a license or act as a right of use of any of the trademarks, copyrights, or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trademark owner.
We own the copyright, which subsists in all creative and literary works that are displayed on the Website.
You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.
You must not:

reproduce or use any of the material on the Website for commercial purposes, including sale;

in any way modify the material on the Website; or

cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorized in writing by us.
In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
Indemnity
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Disclaimer

all material on the Website is provided to you without warranties of any kind, either express or implied;

we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;

we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and

we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
Privacy
By agreeing to and accepting the Terms of Service, you also agree to the terms of the RXSG Privacy Policy.
Termination
The Terms of Service are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Service and limitations of liability set out in the Terms of Service will survive.
Miscellaneous
We rely upon your continued observance of the Terms of Service. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Service or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Service is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in the Terms of Service are reserved.
If we do not act in relation to a breach of the Terms of Service by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Service by you.
Applicable Law
The Terms of Service are governed by the laws of the State of California, USA.

Contacting us
If you have any questions relating to the Terms of Service, please contact us by emailing info@rxsmartgear.com You may also mail correspondence to 1800 John Towers Ave, Suite B, El Cajon, California 92020 USA