Terms Of Service
Terms Of Service
The website www.gopower1.com (the “Site”) is operated by AXS Technologies LLC, a Delaware limited liability company (“AXS”, “we”, “our” or “us”) and the following terms and conditions (these “Terms of Service”) govern your access to and use of the Site, the purchase of any product offered for sale on the Site (each, a “Product”, and collectively, the “Products”), or the use of any services, features, or resources that may be offered by us on the Site (our “Services”).
Please carefully review these Terms of Service before you access the Site, purchase any Product or use any Service. These Terms of Service apply to all visits and use of the Site, the Content (as defined below), Services and/or purchase and use, information, recommendations, applications regarding the Products offered by AXS on our Site.
This Site, the sale of our Products and the use of our Services are offered and made available to users who are 13 years of age or older. By using the Site, you represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, access the Site, purchase any of our Products or use any of our Services. We may, in our sole discretion, refuse to offer our Services and Products to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access our Site is revoked where these Terms of Service, the sale of our Products or use of our Services is prohibited or to the extent an offering, sale or provision of our Products or Services conflicts with any applicable law, rule or regulation.
Specifications and Accuracy of Information
We attempt as best as reasonably possible to ensure that the information on our Site is accurate and complete in all material respects. However, you acknowledge that the information on our Site may be inaccurate, incomplete or out of date. We make no representation or warranty as to the completeness, accuracy or correctness of any information on our Site.
All features, specifications, products, colors and prices of Products described on our Site are subject to change by us at any time without notice.
We attempt to accurately display the attributes of our Products, including the applicable colors of our Products. The actual color you see, however, will depend on your computer system or device, and we cannot guarantee or provide any assurance that your computer or device will accurately display such colors.
You acknowledge that the purchase of Products from our Site may include pre-orders. We will endeavor to deliver pre-order Products in a timely manner, however any statement on our Site that the Products will be available at a particular time does not imply or warrant that those Products will be available at any time.
We may make changes to any of the Products and Services offered on our Site, or to the applicable prices for any and all such Products and Services, at any time without notice.
Intellectual Property Rights
Unless otherwise noted, the Site and all of the content featured or displayed on the Site, including, but not limited to, Product names, details, descriptions, photographs and illustrations, data, text, videos, audio clips, written posts and comments, software, scripts, graphics, logos, icons, trademarks, sound, and interactive features generated, provided, or otherwise made accessible on or through our Site (collectively, the “Content”) are the sole and exclusive property of AXS, its affiliated companies, its licensors and/or other providers of such material and are protected from unauthorized copying and dissemination by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge that all Content accessed by you using our Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through our Site is or will continue to be accurate.
No Illegal or Improper Use
You may not use the Site or any Content or Products for any illegal or improper purpose. You agree to defend, indemnify and hold harmless AXS, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, shareholders, employees, distributors, suppliers, agents, representatives, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to, any use of the Site’s Content, Services and Products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
Linking to Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Our Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Site; (b) send e-mails or other communications with certain content, or links to certain content, on this Site; or (c) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or (c) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission or disable all or any social media features and any links at any time without notice in our discretion.
The purchase price of our Products, including any applicable state and local sales and similar taxes, will be charged in full at the time of the purchase of any Product on our Site. You understand and acknowledge that you will be charged this full amount at the time of ordering a Product on our Site. While AXS will endeavor to ship the Product to you by the estimated shipment date, delays inevitably may arise. In the event that any such delay arises and the estimated shipment and/or release of the Product are not met, AXS is not responsible for any damages that may occur due to delay, nor shall it be obligated to provide any discounts, refunds or credits due to any such delays, however AXS will endeavor to review delays on a case by case basis and may provide discounts or credits if AXS deems it necessary.
AXS reserves the right to cancel any order at any time. If we cancel an order, we will issue you a refund and attempt to contact you at the contact information you provided to AXS at the time the order was placed. If an order is cancelled by us, your sole remedy and AXS’s sole obligation will be a full refund of the amount paid by you for the Product.
We reserve the right, without prior notice and in our sole discretion, to limit the order quantity on any and all of our Products.
You agree and represent that you are buying Products for your own personal use only and not for resale or distribution for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve in our sole discretion the right to reject or cancel any order that you place.
We will make every commercially reasonable effort to ship Products in accordance with estimated shipping timelines provided at the time of purchase but cannot guarantee shipping or delivery by a stated time. We are not responsible for any damages due to delays or the failure to meet an estimated delivery schedule. We are not responsible for lost packages if you change your address and do not notify us of this change in a timely manner.
Your product is warranted by AXS against defects in materials and workmanship, under normal use, to the original purchaser for a period of one (1) year beginning from the original date of delivery.
AXS is not responsible for normal wear and tear, including external and accidental damage caused by abuse, tampering, unauthorized repairs, modification, misuse, misapplication, or other causes which are not defects in materials or workmanship. If your product is determined to have a manufacturing defect within the specified warranty period, we will repair or replace the product or parts at no charge to the customer. Any product replaced may be replaced with a refurbished unit. We reserve the right to substitute a different color if purchased color is not available. The repaired or replacement unit will be returned to the customer via standard U.S. Mail at AXS’s expense. All shipping and handling expenses incurred to the customer for sending the defective unit to Labs are the responsibility of the customer.
The Products have not been MFi certified by Apple and there is no guarantee that future Apple software updates will not affect the functionality of our Products and AXS shall have no obligation to accept a return of the Product or provide a refund as a result of any such Apple software updates.
Smartphones and third-party accessories and any other none AXS products are NOT covered by any AXS warranty. Any warranty issues must be directed to the products’ original manufacturer.
Limitation of Liability
Your use of the Site, our Services and the Products is at your own risk. To the full extent permitted by applicable law, neither AXS nor its affiliates nor any of their respective officers, directors, managers, shareholders, employees, distributors, suppliers, agents, representatives, successors and assigns (collectively, “Company Persons”) shall be liable for any loss or damage of any kind arising from or related, directly or indirectly, the use of, or the inability to use, either the Site, our Services or Products, including, but not limited to, any damage to any non-AXS product or device stored or contained in any Product, data loss or loss or use of any Product, even if any Company Person had been advised of, or knew or should have known of, the possibility of such damages. In no event shall any Company Person have any liability for indirect, special, incidental, consequential, exemplary or punitive damages.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Company Persons shall be limited to the amount paid by you to AXS, if any, for purchasing any of our Services or Products. At no time and in no event shall any Company Persons’ aggregate liability to you for all damages in any one or more causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you to AXS, if any, for purchasing any of our Services or Products. .
Digital Millennium Copyright Act (DMCA)
It is the policy of AXS to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable laws. If you believe that your work has been improperly copied and posted on the Site, such that it constitutes infringement, please provide us with a DMCA notice with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give AXS legally sufficient notice of an infringement. Any copyright infringement complaints should be sent to:
c/o AXS Technologies LLC
134 N. 4th Street,
Brooklyn, New York 11249
Choice of Law and Venue
These Terms of Service shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under these Terms of Service shall be resolved exclusively by the state and federal courts located within the County of Manhattan, State of New York.
Severability of Provisions
If any provision of these Terms of Service shall be deemed invalid, void or unenforceable for any reason, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
AXS reserves the right to modify the Site, any Product specifications or these Term of Service at any time without notice. Any such changes will be effective immediately. It is your responsibility to regularly review these Terms of Service to inform yourself of any changes. Your continued use of the Site after any changes to these Terms of Service constitutes your consent to all such changes.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address:
AXS Technologies LLC
134 N. 4th St,
Brooklyn, NY 11249
Effective Date: July 20 2020