This website (https://sensorpros.com, the “Site”) is operated by Dugan Technologies, Inc., a California corporation dba SensorPros (hereinafter, “SensorPros”). Throughout the Site, the terms “we”, “us” and “our” refer to SensorPros. SensorPros offers this Site, including all information, tools, and services available from this Site to you, the user (“user,” “you,” “your”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our “Service(s)” and agree to be bound by the following terms and conditions, including updates and amendments from time to time, and those additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, “Terms of Service”, or “Terms”). These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
AS THESE TERMS OF SERVICE LIMIT OUR LIABILITY TO YOU, please read them carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you are not authorized to, and may not, access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Subject to these Terms and Conditions, SensorPros grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license, to use the Site for your own individual use. The foregoing limitation to individual use notwithstanding, if you are an employee of a business entity entering into transactions on behalf of such entity, you represent and warrant that, as such entity's employee and/or agent, you are duly authorized to bind such entity to the Terms and Conditions and all transactions effected by means of your access the Site.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS; YOUR ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You may need your own account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express, prior written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Services and all information, content, materials, and products included one or otherwise made available to you through this Site are provided on an “as-is,” “where-is,” and “as available” basis, unless otherwise specified in writing. You expressly agree that your use of the Services is at your own risk. We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided as-is, for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products listed on our Site are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returned Goods Policy (to review, click here). Parties other than SensorPros provide or sell product lines through SensorPros. We are not responsible for examining or evaluating, and we do not warrant, the offerings of third parties, but SensorPros will provide you with any assignable manufacturer’s warranty applicable to the products purchased from the store on our Site.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors without SensorPros’ prior written consent.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store on this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input (e.g., those ordering and payment services provided by Shopify Inc.).
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials and products from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Site, should be taken to indicate that all information in the Service or on the Site has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Site, other websites, or the Internet. We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses. Without prejudice to our other rights under these Terms of Service, if you violate these Terms of Service in any way, or if we reasonably suspect that you have violated these Terms of Service in any way, we may take any one or more of the following actions:
(i) send you one or more formal warnings, by electronic transmission or otherwise;
(ii) temporarily suspend your access to the Services and the Site;
(iii) permanently prohibit you from accessing any of the Services and the Site;
(iv) block computers using your IP address from accessing any of the Services and the Site;
(v) contact your internet services provider and request that they block your access to any of the Services and the Site; and/or
(vi) seek legal recourse against you in accordance with the terms set forth in these Terms of Service, including, without limitation as set forth in Section 15 below for breach of contract or otherwise.
If we suspend, prohibit or block your access to the Services or any part of the Services, you must not take any action to circumvent such suspension, prohibition or blocking (including creating and/or using a different account).
SECTION 13 – SHIPPING POLICY
1) You agree not to export, re-export or transfer any of the products ordered on this Site to any country, government, person, entity, organization, or end-user subject to the United States (“U.S.”) or European Union (“E.U.”) foreign trade restrictions. You can find this information at this link: https://www.export.pitt.edu/embargoed-and-sanctioned-countries . You agree to comply with all applicable export regulations and the International Traffic-in-Arms Regulations (“ITAR”) including, but not limited to, parts 122 entitled "Registration of Manufacturer and Exporter" and 130 entitled "Political Contributions, Fees and Commissions." In the event you are supplying defense articles hereunder, you agree to maintain a valid and current Directorate of Defense Trade Controls (“DDTC”) registration.
2) You agree not to export, re-export or transfer any products ordered on this Site to (a) any end-user if you know, or have reason to suspect, directly or indirectly, that the end-user will or may utilize, directly or indirectly, any of the products or Services in the design, development, production or use of nuclear, chemical, or biological weapons or missile delivery systems; (b) any country to which the product(s) may not be transmitted without prior specific authorization of the Bureau of Industry and Security, U.S. Department of Commerce, pursuant to the Export Administration Regulations (15 C.F.R. Parts 730 to 774), including through release of data to a national of another country, wherever located, who is not a citizen or permanent resident of the U.S.; (c) any country, government, person, entity or organization to which the U.S. has embargoed or restricted the export or re-export of products, data or services under the sanctions programs administered by the Office of Foreign Assets Control, U.S. Department of the Treasury (31 C.F.R. Parts 500 to 598); or (d) any customer, agent of a customer or end-user who has been prohibited from participating in U.S. export transactions by any agency of the U.S. or other government.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. To the maximum extent permitted by law, the Service, the Site, and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Notwithstanding the foregoing, SensorPros will provide you with any assignable manufacturer’s warranty applicable to the products purchased from the store on our Site.
In no case shall SensorPros, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless SensorPros and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the policies and/or documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - ENTIRE AGREEMENT
The delay or failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, USA, and any disputes relating to these Terms of Service will be subject to the exclusive jurisdiction of the courts in Orange County, California.
SECTION 19 - CONTACT INFORMATION/ELECTRONIC COMMUNICATIONS
Questions about the Terms of Service should be sent to us at email@example.com. When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through the other Services, such as our Contact Us/Ask An Engineer page (here), and you may retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms of Service were last modified on October __31_, 2022.