Terms and Conditions
SECTION 1 – OVERVIEW
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. SEE IMPORTANT DEFINITIONS IN SECTION 2 BELOW.
Blackout Window Tinting LLC operates this website. All users of this website agree that access to and use of this site is subject to the following Terms and Conditions and other applicable laws. Please do not use this website if you disagree with these Terms and Conditions. In addition, by visiting our website and making a credit card payment to us on this website, you agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to all site users, including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.
Any new features or tools added to the current website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions at any time by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website after posting any changes constitutes acceptance of those changes.
SECTION 2 – DEFINITIONS
As used in these Terms and Conditions:
(a) “Blackout Window Tinting LLC.”, “we,” “us,” and “our” refer collectively to Blackout Window Tinting LLC. and all of its divisions, subsidiaries, and affiliates, such as Blackout Window Tinting.
(b) “You” means you, the website browser, vendor, customer, merchant, and content contributor to this website.
(c) “Product” or “Products” means any product provided by us, such as window tint, paint protection film, or any other product.
(d) “Service” or “Services” means any service provided by us, such as window tinting, paint protection film, or any other service.
(e) “Electronic Communications” means any electronic billing and payment communications sent by you or by us to us, such as online access to statements and emails relating to billing or payment, disclosures, notices, and other communications regarding our products and services.
(f) “Credit cards” includes credit and debit cards.
SECTION 3 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions, 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, services, or website for illegal or unauthorized purposes. In addition, you must not transmit any worms, viruses, or code of a destructive nature.
All users of this site agree that access to and use is subject to the following Terms and Conditions and other applicable laws. Please do not use this site if you disagree with these Terms and Conditions.
SECTION 4 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time.
You understand that your content (not including credit card information) may be transferred unencrypted. This is because you involve (a) transmissions over various networks and (b) changes to conform and adapt to the 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 website without our express permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
SECTION 5 – SECURE CARD PROCESSING
All credit card transactions on our website are processed securely by encrypted transmission systems. When you make your online payment on our website, we do not store credit card information or see your credit card information when you enter it on your computer.
SECTION 6 – AUTHORIZATION
By entering your credit card information:
(a) You are stating that you are an authorized credit card user and that the associated information entered (account holder name, account number, expiry date, CVV2/CVC2 security number, billing address, etc.) is accurate.
(b) You authorize us to charge the amount you have requested to your credit card.
(c) If you set up automatic payments, you authorize us to charge the amount due for the invoice being paid to the credit card.
(d) You also authorize us to return to your credit card any funds due to you by us resulting from your credit card payments on this site.
SECTION 7 – CHARGES
We may not know the dollar amount of certain extra charges at the time of a prepaid order, including, but not limited to, shipping charges. These additional charges will be disclosed to you once we know them before the extra costs are made to your credit card.
For each transaction, in addition to the charge you have authorized, your credit card issuer and network may assess their customary transaction or handling charge if any.
Foreign payments are a payment made to a merchant located in a different country than the payment method (e.g., a credit card issued in the United States paying a merchant in Mexico). As a result, the credit card issuer may subject foreign payments to higher fees.
If a charge is declined or reversed by the credit card issuer or network, you agree to pay us a service charge and to reimburse us for all reasonable collection costs. In addition, your credit card issuer may also assess its customary amount for such transactions.
For fraud prevention, we reserve the right to limit the size, frequency, and time frame of payments per user.
Contact us as soon as possible at 408-848-8468 if you think that the amount of your online payment to us shown on your credit card statement is in error or if you need more information about your payment to us shown on your credit card statement.
By clicking “Submit,” you agree not to make a fraudulent dispute of the payment you have authorized with your credit card issuer. Unfortunately, this type of fraud is costly. As such, to keep our prices low, we may attempt to prevent such fraudulent chargebacks by requiring an authorized signature for acceptance of product deliveries and services, requesting security codes when entering your credit card, and keeping a record of your IP address when a payment is made.
SECTION 8 – DISHONORED REQUESTS FOR PAYMENTS
If your credit card issuer or network does not honor an online payment transaction, then we have the right to charge the amount of any such transaction to your account or to collect the amount from you.
Suppose your credit card issuer or network does not honor an online payment transaction. In that case, we may terminate any or all product delivery or service and cancel your right to participate in online payment on our website.
SECTION 9 – CONFIRMATION OF PAYMENT
By clicking “Submit,” you are consenting to receive a one-time confirmation of this payment electronically to the email address you provided.
If you set up automatic payments, you are consenting to receive a one-time confirmation of each payment electronically to the email address you provided.
SECTION 10 – RETURN POLICY
Please note that we do not accept returns without a return authorization number. You must obtain a return authorization number before returning goods to us to receive a refund or a credit on your account. You may contact us at 408-848-8468 to request authorization for your return.
Returns may be subject to a restocking fee. Any restocking fees, if applicable, will be disclosed when the return authorization number is issued.
We ask that you carefully examine the shipments you receive, and in case of any shipping damage to the goods containing cartons, please keep the cartons. Our carriers insure against injury but will not entertain a claim without clear evidence.
SECTION 11 – GOODS AND SERVICES WARRANTY
We guarantee all products installed or sold in our facilities are free from defects due to artistry or materials under normal usage. All products have a warranty specific to the product being sold or installed. We recommend carefully reviewing the contract specific to the product you are purchasing.
We will replace or repair any defective product due to faulty artistry or materials for claims covered by the guarantee. Shipping charges, trip charges, and labor costs may are excluded. This warranty is available to the original owner and is non-transferable.
EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, Blackout Window Tinting LLC.® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY PRODUCTS FOR ANY PARTICULAR PURPOSE, AND at this moment DISCLAIMS THE SAME.
In no event shall Blackout Window Tinting LLC. be liable or responsible for incidental or consequential damages or any other direct or indirect damage, loss, cost, expense, or fee.
- Installation and usage are not by our building and operating instructions.
- The product has been opened, dismantled, or returned with clear evidence of abuse or other damage.
- Product has been used to perform functions other than those it was designed to handle.
- The product is used with electrical accessories (switches, relays, etc.) that Blackout Window Tinting LLC has not previously approved in writing.
Blackout Window Tinting LLC.’s warranty is designed to ensure a thoroughly satisfying experience with your window treatment product.
SECTION 12 – LIMITATION OF LIABILITY
We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, this site.
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from your use of the website will be accurate or reliable.
You agree that from time to time, we may remove products or services from our website for indefinite periods or cancel products or services from our website at any time without notice to you.
You expressly agree that your use or inability to use the website is at your sole risk.
In no case shall we, 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 website, 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 13 – ERRORS, OMISSIONS, ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
The information contained or referred to in this website comes from various sources and may not be accurate, error-free, complete, or current. This website is provided as a service to its visitors, and the information is provided on an “AS IS” basis, and using such transmission is at your own risk.
We make no representations or warranties about the suitability of any information contained in or referred to on this website for any purpose. We do not warrant the accuracy, adequacy, or completeness of this information and material and expressly disclaim liability for errors or omissions in this information and material. We assume no responsibility for and disclaim all liability for any errors or omissions, warranties, and conditions about this website and the information contained in or referred to in this website, including without limitation all implied warranties and conditions of merchantability and fitness for a particular purpose, title, non-infringement, and freedom from computer virus.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
If one or more of our products are mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any order for a product listed at the incorrect price. We reserve the right to refuse or cancel any such order, whether or not the order has been confirmed, and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the incorrect price.
Occasionally there may be information on our website 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 on the 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 on the website, including pricing information, except as required by law.
SECTION 14 – MODIFICATIONS OF PRICES
Prices for our products are subject to change without notice. You agree that it is your responsibility to monitor changes to our website.
SECTION 15 – PRODUCTS AND SERVICES
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 and images of our products that appear at the store. But, unfortunately, 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. In addition, we reserve the right to limit the quantities of any products or services 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 at any time to modify or discontinue a product or service (or any part or content thereof) without notice at any time.
Any offer for any product or service made on this site is void where prohibited.
SECTION 16 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, business, or charge at our sole discretion. These restrictions may include orders placed by or under the same customer account or credit card and payments using the same billing and shipping address. If we change the order, we may attempt to notify you by contacting the email and billing address/phone number provided when the charge was made. In addition, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases on our website. In addition, you agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 17 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor have any control or input.
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 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 website is entirely at your own risk and discretion. However, 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 features through the website (including the release of new tools and resources). Such new features and services shall also be subject to these Terms and Conditions.
SECTION 18 – THIRD-PARTY LINKS
We may also, in the future, offer new services and features through the website (including the release of new tools and resources). Such new features and services shall also be subject to these Terms and Conditions. In addition, certain content, products, and services available via our website may include third-party materials.
Third-party links on this website may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with third-party websites. Please carefully review the third-party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 19 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Suppose, at our request, you send certain specific submissions (for example, contest entries) or without a recommendation from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘c. In that case, 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. However, 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 another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or malware that could affect the website’s operation. You may not use a false email 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 20 – PERSONAL INFORMATION
SECTION 21 – CONSENT TO ELECTRONIC DISCLOSURES
Because credit card payment services are provided electronically, you must consent to our providing important information electronically. We may issue the following information and disclosures electronically on this website or via electronic mail (“email” ):
(a) these Terms and Conditions;
(b) any future changes to these Terms and Conditions;
(d) transaction history information; and
(e) any other notices, legal communications, or disclosures.
To receive this information electronically and access and retain any disclosures received, you will need a computer with Internet access and the ability to receive and read email. Please note that some web browsers may not be supported.
By proceeding with the use of our website and online credit card payment services:
(a) you agree to receive information and disclosures electronically on this website and via email and confirm that you will download or print any disclosures for your records;
(b) you acknowledge that you can access information that is provided electronically on this website and via email;
(c) you are authorizing the delivery of disclosures regarding the payment services electronically on this website and via email and providing your consent to receive electronic communications under the Electronic Signatures in Global and National Commerce Act and intend that this statute apply to the fullest extent possible;
(d) you agree to receive emails regarding the credit card payment service on this website;
You can withdraw your consent to receive most electronic communications from us by emailing us at firstname.lastname@example.org or following the unsubscribe procedure that may be contained in any electronic communication you receive from us. However, if you withdraw your consent, you may no longer be eligible to use this website’s credit card payment services. Withdrawing your consent will not affect the validity of pending or completed payments.
SECTION 22 – PROHIBITED USES
In addition to other prohibitions as outlined in the Terms and Conditions, you are prohibited from using the website 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 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 service’s security features, related websites, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating prohibited uses.
SECTION 23 – INTELLECTUAL PROPERTY
Copyright in the pages and the screens displaying the pages, and in the information and material therein and their arrangement, is owned by us unless otherwise indicated. Unless stated otherwise, the trademarks, logos, and service marks displayed on this site are our property. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on this site without the prior written permission of the mark’s owner. All information and content, including any software programs available on the site, are protected by copyright. Users of the site are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, or otherwise using any information and content on or through the site for commercial, public, or other unauthorized purposes. All other company, product, or service names referenced in this website are used for identification purposes only and may be trademarks of their respective owners.
You may download the content of this website (one machine-readable copy and one print copy per page on a single computer) only for your personal use for non-commercial purposes, provided that the copyright, trademark, or other proprietary notices are not removed from the materials downloaded. No modification or further reproduction of the content is permitted. This is a license and does not transfer any ownership rights. The information and materials contained in these pages and the Terms and Conditions herein are subject to change without prior notice. Please visit the site periodically to review the most current terms governing your use of this website.
Unauthorized use of our website(s) and systems, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited. Not all products and services are available in all geographic areas. Eligibility for particular products and services is subject to final determination by us and our affiliates.
SECTION 24 – NOTICE
We may deliver notice to you using general information on this website or by another reliable method to the address you provided.
SECTION 25 – APPLICABLE LAWS
These Terms and Conditions and any separate agreements whereby we provide you access to our website shall be governed by and construed by the laws of the State of California.
You may not use any of the information on this website in violation of U.S. export laws or regulations or any applicable local laws or regulations.
This website contains information about products or services that may or may not be available in any particular country and, if applicable, may have received acceptance or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations, and privacy practices governing the communication of personal or other information about products and services on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or service or an indication of any product or service that is not authorized by the laws and regulations of the country where the reader resides.
SECTION 26 – SEVERABILITY
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law. Although the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 27 – NO WAIVER
Our failure to act concerning a breach of these Terms and Conditions by you or others does not waive our right to bear concerning subsequent or similar breaches.
SECTION 28 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are practical unless and until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website or when you cease using our website.
Suppose, in our sole judgment, you fail, or we suspect that you have been unable to comply with any term or provision of these Terms and Conditions. In that case, we may terminate this agreement at any time. You will remain liable for all amounts due up to and including the termination date and may deny you access to our website (or any part thereof).
SECTION 29 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or concerning our goods and services constitute the entire agreement and understanding between you and us. We govern your use of the website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms and Conditions).
Any ambiguities in interpreting these Terms and Conditions shall not be construed against the drafting party.
SECTION 30 – ADDITIONAL TERMS
Certain sections or pages on this website may contain separate Terms and Conditions in addition to these Terms and Conditions. In the event of a conflict, the additional Terms and Conditions will govern those sections or pages.
SECTION 31 – CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
At our sole discretion, we reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. Accordingly, it is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 32 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at email@example.com.