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Terms & Conditions of Agreement

Introduction
READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING OR USING THE TESLA ADDITIONS PRODUCTS OR THIS WEBSITE.

These Terms and Conditions constitute an agreement (this “Agreement”) between Tesla Additions (“TA”, “we”. “us” or “our”) and each of our customers (“customer”, “you” or “your”). This Agreement governs your purchase and use of the TA website.

YOU REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO ENTER THIS AGREEMENT AND ARE OF LEGAL AGE AND THAT YOU HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE PRIVACY POLICY AND THE LIMITED WARRANTY. BY USING THIS SITE, YOU ALSO AGREE THAT YOU WILL NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR IN CONTRAVENTION OF THESE TERMS AND CONDITIONS.

You make this representation and agreement when you use our website or order any Products from us at our website or over the phone or in any other way.

Disclaimer
TeslaAdditions has no affiliation with Tesla Motors, Inc. or any other Tesla Product or trademarks of Tesla Motors Inc. Tesla Motors has not authorized or endorsed our Products sold by TA. Tesla Model S is a trademark of Tesla Motors, Inc.

Applications Of The Terms And Conditions
TA may revise applications of the Terms and Conditions, or modify this agreement at any time and in any manner. Notice of any revision, amendment or modification will be posted on the TA web site and/or by email and/or mailing to you.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE OR USE OUR PRODUCTS OR THIS WEBSITE.

In General
TeslaAdditions (“www.TeslaAdditions.com”) owns and operates this Website. Access to and use of this Website and the Products available through this Website are subject to the following terms, conditions and notices. By using the Products or this website, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time without prior warning. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. Any Product, component of a Product or Product feature may change without notice at any time. This site and all the information it contains is provided for informational only on an “as is” basis and could include technical, typographical or other errors. No representation of accuracy, currency or completeness is implied. TA reserves the right to refuse Product or services to any customer or prospect.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
  • Accurate Information
    You hereby represent and warrant that your name, contact information, address and all other information related to your account is correct and up-to-date at all times.

  • Unacceptable Use
    You hereby represent and warrant that you will not use the Product in an unacceptable, illegal or prohibited manner.

Third Party Information
This site may contain links to third-party websites that are not owned or controlled by TA. TA has no control over, and assumes no responsibility for, the content, privacy policies or practices of any Third Party Websites. In addition, by clicking on links you expressly relieve TA from any and all liability arising from your use of any Third Party Website, or from the content of any Third Party Website, or any purchase of products. When using a Third Party Website, you should be aware that when you leave TA’s site and read the Terms and Conditions and Privacy Policy of each Third Party Website that you visit.

Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.TeslaAdditions.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. This site and all its contents are protected by laws including, but not limited to, copyright and trademarks. You may not use or modify any of the contents without prior written permission.

Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.TeslaAdditions.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.TeslaAdditions.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Linking, Crawling and Archiving
If you would like to link to this site, you must comply with the following guidelines:
  • Do not incorporate any content from this site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may link to, not replicate, the Site content;

  • You may not use any TA trademarks, logos, designs or service marks in your links;

  • You may not create the appearance of a relationship or affiliation with TA, and

  • Your site may not contain offensive, distasteful or illegal or inappropriate content.

If you would like to use a web crawler or other search tool to gather information from the site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.

Additional Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS OR OTHERWISE UNDERMINE TA’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TA RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Communications and Suggestions
Any suggestions, recommendations or communications (excluding personally identifiable information) may be used by TA for any purpose we see fit and considered non-confidential information. If you wish to have any communication to be considered confidential, please request a written confirmation before sending it to TA.

Terms of Sale
By placing an order you are offering to purchase a Product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and are subject to delays resulting from postal delays for which we will not be responsible.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

All features, content, specifications and prices of Products and services described or depicted on this Website are subject to change at any time without notice.

  • Our Contract
    When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

  • Pricing, Availability, Shipping and Sales Tax
    If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. Delivery costs and sales tax, where appropriate, will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. You are responsible for any Sales Tax that may be due to any taxing authority except where the correct amount is paid to us.

  • Payment
    You may pay by credit card, check or money order. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

    For credit card, the charge to your credit card will appear under the name of “Innovative Data Services Inc.”, all charges are computed in U.S. currency. If your credit card account is based in another country, the credit card issuer will convert to your local currency. Both the U.S. dollar amount and your local currency will appear on your statement. If by any other payment other than credit card, the Product will not be shipped until the funds have cleared. You are personally liable for the satisfaction of payment for any Product ordered from TA.

  • Billing Disputes
    If you dispute any charges from us, you must notify us in writing within 30 days after notification to you of the charges (or within any greater period required by law); otherwise, you will be deemed to have waived any right to contest such charges.


No Other Warranties
OTHER THAN THE LIMITED PRODUCT WARRANTY EXPRESSLY SET FORTH IN THE LIMITED WARRANTY, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ON THE PRODUCT OR USE OF THE PRODUCT ON THE WEBSITE. THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE PRODUCT WILL BE WITHOUT FAILURE. ANY STATEMENTS AND DESCRIPTIONS CONCERNING THE PRODUCT BY TA OR ITS AGENTS OR REPRESENTATIVES ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIES WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability and Indemnification
  • Direct, Indirect and Consequential Damages
    TA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS OR ANY OTHER TA SUPPLIER WHO FURNISHES COMPONENTS TO YOU OR US IN CONNECTION WITH THE PRODUCT AND/OR THE WEBSITE SHALL NOT BE LIABLE UNDER ANY CIRCIMSTANCES FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION WITH PERSONAL INJURY, WRONGFULL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION TO USE THE PRODUCT OR ANY OF THE EQUIPTMENT. THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES INCLUDING CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKLIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  • Indemnification
    In addition to the indemnification provision above, you shall defend, indemnify and hold harmless TA, its officers, directors, employees, affiliates, agents, assigns and any other supplier who furnishes Product to you or us in connection with the use of the Products from any other claims, suits, actions, judgments, losses, damages (direct, indirect and consequential), fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by or on behalf of you or any third party relating to:

    • The use of the Product and/or site
    • Any violation of your obligations under this Agreement
    • The violation of applicable laws, regulations or terms of this Agreement
    • Any claims for infringement of any intellectual property rights arising from or in connection with use of the Product
    • Any harm to any person resulting in the personal injury or death of any person or in damage to or loss of tangible or intangible property (including data)


Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TA. In the unlikely event that TA has not been able to resolve a dispute it has with you, any member of your household, or any of your guests or any user of your Product arising out of or relating to use of the Product after 90 days, we each agree to resolve any claim, dispute or controversy (excluding any TA claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the (American Arbitration Association). The arbitration will be conducted in Palm Beach County, FL. Each party will be responsible for paying any American Arbitration filing, administrative and arbitrator fees in accordance with American Arbitration rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs of expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing TA from seeking injunctive or other equitable relief from the courts as necessary to protect any of TA’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY, GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY USING THE PRODUCT OR WEBSITE, YOU AND TA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Miscellaneous
  • Survival
    The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

  • No Third Party Beneficiaries
    No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

  • Governing Law
    This Agreement and the relationship between you and us are governed by the laws of the state of Florida without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the Arbitration Section, such action shall be brought in a court of competent jurisdiction in Palm Beach county and you shall submit to the personal and exclusive jurisdiction of the courts located within the state of Florida and waive any objection as to venue or inconvenient forum.

  • Entire Agreement
    This Agreement, including any future modifications by TA, and other related materials found on our website constitute the entire Agreement between you and us and governs the use of the Product and site by you, members of your household and guests. This Agreement supersedes any prior agreement between you and us and any and all prior or contemporaneous statements, understandings, writings, commitments or representations concerning its subject matter. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

  • Severability
    If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

  • No Waiver Rights
    Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

  • Assignment
    TA may assign this Agreement and any of its rights or obligation hereunder at any time. You may not assign your rights or delegate any of your duties under this Agreement, and any attempted assignment or delegation without such consent will be void. This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.

  • No Agency
    Nothing in this Agreement shall be construed to create a partnership, joint venture, agency or employment relationship.

 
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