<p>GIMBAL STORE TERMS OF SERVICE</p>
<p>This website is operated by Gimbal, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Gimbal, Inc. Gimbal, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.</p>
<p>By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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.</p>
<p>Please read these Terms of Service carefully before accessing or using our website. 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 and conditions of this agreement, then you 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.</p>
<p>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.</p>
<p>SECTION 1 - ONLINE STORE TERMS</p>
<p>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.</p>
<p>SECTION 2 - GENERAL CONDITIONS</p>
<p>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 Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.</p>
<p>SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION</p>
<p>We are not responsible if information, including pricing, made available on this site is not accurate, complete or current. The material on this site is provided 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.</p>
<p>SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES</p>
<p>Prices for our products 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.</p>
<p>SECTION 5 - PRODUCTS OR SERVICES</p>
<p>Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors, images and descriptions of our products that appear on our 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 our 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 anytime 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.
<br />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.</p>
<p>SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION</p>
<p>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 unauthorized dealers, resellers or distributors.</p>
<p>You agree to provide current, complete and accurate purchase and account information for all purchases made on our store. 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.</p>
<p>For more detail, please review our Returns Policy.</p>
<p>SECTION 7 - OPTIONAL TOOLS</p>
<p>We may provide you with access to third-party tools which we neither monitor, control nor have any input on. 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.
<br />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).
<br />We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.</p>
<p>SECTION 8 - THIRD-PARTY LINKS</p>
<p>Certain content, products and services available via our Service may include materials 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.
<br />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.</p>
<p>SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS</p>
<p>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.</p>
<p>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 any related website. 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.</p>
<p>SECTION 10 - PERSONAL INFORMATION</p>
<p>SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS</p>
<p>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 on any related website 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 any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.</p>
<p>SECTION 12 - PROHIBITED USES</p>
<p>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 any related website, 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 any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.</p>
<p>SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY</p>
<p>We do not guarantee, represent or warrant that your use of our service 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.
<br />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. The service 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 all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
<br />In no case shall Gimbal, Inc., 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 any 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.</p>
<p>SECTION 14 - INDEMNIFICATION</p>
<p>You agree to indemnify, defend and hold harmless Gimbal, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from 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 documents they incorporate by reference, or your violation of any law or the rights of a third-party.</p>
<p>SECTION 15 - SEVERABILITY</p>
<p>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.</p>
<p>SECTION 16 - TERMINATION</p>
<p>The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).</p>
<p>SECTION 17 - SHIPPING, HANDLING AND FULFILLMENT</p>
<p>INTERNATIONAL SHIPPING & PO/APO/FPO BOX SHIPPING:
<br />Gimbal cannot ship to APO/FPO boxes.</p>
<p>The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.</p>
<p>DELIVERY TIME AND RUSH ORDERS:
<br />Most orders are processed and shipped within 2 business days after placing an order. Larger quantity orders may take longer. We apologize but we are not equipped to rush orders faster than this.</p>
<p>Since FEDEX does not conduct standard business on either Saturday or Sunday (even for express shipping), the actual delivery date may differ from the Estimated Scheduled Delivery Date found on your tracking confirmation e-mail. For example: A packaged shipped via "Next Day" leaving our warehouse on a Friday for San Diego, will not arrive until Monday, even though it has a one-day transit time. Please refer to FEDEX.com for more information.</p>
<p>Gimbal cannot be held responsible for any packages delayed due to unforeseen FEDEX delays such as "adverse weather conditions," "Beyond FEDEX control," or "Missed at facility." Gimbal offers tracking numbers for packages for reference use only; this estimated delivery date is only an estimate and Gimbal does not guarantee specific delivery dates.</p>
<p>REFUSED DELIVERY PACKAGE:
<br />Any packages refused by the customer will be deemed to be ABANDONED. Any packages returned by any import agency, carrier or government authority as a result of insufficient customer documentation, unpaid taxes, duties, or other fees, will be deemed to be ABANDONED. All refused packages will be returned to sender at the shipper's expense or destroyed. No refunds will be issued for any packages that were refused delivery by FEDEX or any other shipping carriers.</p>
<br />We strongly suggest that you check both your billing address and shipping address to ensure accuracy. From time to time, customers may incorrectly fill out these fields and submit orders. Gimbal will only ship products to the address that is supplied. In the case that an incorrect address is supplied, FEDEX will try its best to contact the customer to confirm a correct address. If all attempts fail, FEDEX will send this order back to Gimbal.</p>
<p>If an order is unable to be delivered by FEDEX due to an incorrect address as provided by the purchaser, and the package is returned to Gimbal, upon request, the customer is entitled to a refund for the total purchase price less initial shipping & handling, $15 FEDEX Return-to-sender fee, as well as a 20% restocking fee. If the customer then wishes to place a new order, they may do so but no credits or discounts will apply.</p>
<p>FEDEX will make 3 attempts on business days to make a delivery. If an order is unable to be delivered by FEDEX due to the customer not being available for acceptance, and the package is returned to Gimbal, upon request, the customer is entitled to a refund for the total purchase price less initial shipping & handling, $15 FEDEX Return-to-sender fee, as well as a 20% restocking fee. If the customer then wishes to place a new order, they may do so but no credits or discounts will apply.</p>
<p>SECTION 18 - ENTIRE AGREEMENT</p>
<p>The 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. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
<br />Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.</p>
<p>SECTION 19 - GOVERNING LAW</p>
<p>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 the state of California.</p>
<p>SECTION 20 - CHANGES TO TERMS OF SERVICE</p>
<p>You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.</p>
<p>SECTION 21 - CONTACT INFORMATION</p>
<p>Questions about the Terms of Service should be sent to us at legal [at] gimbal [dot] com.</p>
<p>SECTION 22 - COUPON CODES AND DISCOUNTS</p>
<p>Coupon codes are valid for a limited time only. Coupon codes may only be used on the Series 10, Series 21, and U-Series 5 beacons purchased at retail price from store.gimbal.com. Promotions are limited to one coupon per customer. Gimbal expressly reserves the right to modify or cancel coupons at any time and for any reason. If you do not add the qualifying items to your Cart when the coupon code is in effect, the discount will not apply. A coupon code may not be used in conjunction with any other discount offered by Gimbal, including bulk discounts or negotiated or quoted rates. If you return any of the items purchased with a coupon code, the coupon code discount or value may be subtracted from the return credit. Commercial invoices for products exported from the US will indicate the full, non-discounted value of the commodities purchased and exclude any discounts applied by a coupon code. Applicable shipping and handling charges apply to all products and you are responsible for all applicable duties and sales tax related to the distribution or use of the goods sold. Discounts via coupon codes are valid only while supplies last. It is void where restricted or prohibited by law. An active Gimbal Developer Account (register at https://manager.gimbal.com) is required in order to use Gimbal Beacons and additional terms and conditions may apply. </p>
<br />Effective Date: March 23, 2017.
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