CONDITIONS OF USE
Welcome to our online store! ExitGadget and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit ExitGadget or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ExitGadget or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of ExitGadget, with copyright authorship for this collection by ExitGadget, and protected by international copyright laws.
ExitGadgets trademarks and trade dress may not be used in connection with any product or service that is not ExitGadgets, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ExitGadget. All other trademarks not owned by ExitGadget or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ExitGadget or its subsidiaries.
LICENSE AND SITE ACCESS
ExitGadget grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ExitGadget. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ExitGadget. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ExitGadget and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing ExitGadgets name or trademarks without the express written consent of ExitGadget. Any unauthorized use terminates the permission or license granted by ExitGadget. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ExitGadget so long as the link does not portray ExitGadget, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ExitGadget logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. ExitGadget and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from ExitGadget are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
ExitGadget and its associates attempt to be as accurate as possible. However, ExitGadget does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ExitGadget itself is not as described, your sole remedy is to contact us for a replacement ExitGadget, or cancel your subscription as outlined below.
CANCELLATION & NON PAYMENT
ExitGadget is in effect a subscription service. You agree to pay for our service on a monthly basis at the agreed upon rate until such time as you cancel our service. We require NO CONTRACT, and you can canel at any time. We require a 30 day cancellation notice in writing, email or USPS, on all ExitGadgets. Billing will continue through the 30 day cancellation period. Non payment of your exit gadget at any time will result in product suspension until such time as payment terms have been satisfied.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY ExitGadget ON AN “AS IS” AND “AS AVAILABLE” BASIS. ExitGadget MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ExitGadget DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ExitGadget DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ExitGadget ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ExitGadget WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting ExitGadget, you agree that the laws of the state of New York, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ExitGadget or its associates.
Any dispute relating in any way to your visit to ExitGadget or to products you purchase through ExitGadget shall be submitted to confidential arbitration in New York, USA, except that, to the extent you have in any manner violated or threatened to violate ExitGadgets intellectual property rights, ExitGadget may seek injunctive or other appropriate relief in any state or federal court in the state of New York, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to ExitGadget. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.