THANK YOU FOR CHOOSING GO TAPE. PLEASE READ CAREFULLY.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
The GO Tape Terms and Conditions (“Agreement”) is owned and operated by Fokus Incorporated, organized and existing under the laws of the State of California (“Company”) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your (“You” or “User”) use of this site and any order placed on this site signifies your acceptance of the terms and conditions set forth below. It is the responsibility of you, any subscriber, user, customer or prospective customer to read the terms and conditions. These terms and conditions comprise the entire agreement between you and GO Tape. No other agreement whether verbal or written shall be in effect except if agreed to and authorized in writing.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE GO TAPE, THE GO TAPE WEBSITE OR PLACE AN ORDER.
MODIFICATIONS TO THIS AGREEMENT
GO Tape may modify this Agreement from time to time, with or without notice. GO Tape reserves the right to modify, amend or discontinue the Terms and Conditions with or without notice to You at any time by posting the amended terms on the Go Tape website. If GO Tape posts amended terms on the GO Tape website, You may not use the site without accepting them except as stated below.
All amended terms shall automatically be effective after they are posted on the GO Tape website. GO Tape shall not be liable to User or any third party should GO Tape exercise its right to modify, amend or discontinue this Agreement. This Agreement may not be otherwise amended except in writing singed by User and GO Tape. Your use of the site constitutes an affirmative agreement by User to abide and be bound by this Agreement and its modification.
TERM AND TERMINATION
This Agreement is effective immediately upon use of the GO Tape website and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation with the GO Tape website at any time for any reason by providing GO Tape with written notice or e-mail notice of termination. Termination is effective only upon GO Tape receipt of such notice.
GO Tape reserves the right at any time, but is not obligated to investigate and terminate Your participation in the Service if you have misused the GO Tape website or the Services or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. GO Tape maintains sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the Service is terminated, this Agreement will remain in effect.
GO Tape ships orders depending on product availability within 5-7 days. Accurate shipping address and phone number are required. Your signature may be required for delivery.
RETURN AND CANCELATION POLICY
If you are unsatisfied with our product, you may return it within 30 days from the date that the product was originally shipped for a FULL refund according to the following terms. To obtain a FULL refund, your return must be approved and postmarked 30 days from the date that the product was originally shipped to you. The following terms apply: 1) refunds will be issued to the same credit card or payment method that was used with ordering the product; 2) shipping charges and return shipping charges are nonrefundable; 3) To ensure a refund is processed for You, please send returns to the address provided; 4) GO Tape is not responsible for lost or stolen items, we recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery. After the shipping department receives your return, it generally takes ten (10) days to process your refund. Once a return is processed, it usually takes three business days for this return to be posted to your account, depending on your financial institution.
You agree to indemnity, defend, and hold harmless GO Tape and its officers, directors, employees, agents, parents, subsidiaries, affiliates, co-branders, partners and any third parties for any losses, costs, liabilities, damages and expenses (including reasonable attorneys’ fees and costs) that such parties may incur, relating to or arising out of Your use of the website or order from the website, including: Your breach of this Agreement or the documents it incorporates by reference; or Your violation of any law or the rights of a third party. This indemnification shall be applicable without regard to the negligence of any party, including any indemnified person.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT GO TAPE IS ONLY WILLING TO PROVIDE ACCESS TO THE GO TAPE WEBSITE AND ITS PRODUCTS/SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.
GO TAPE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS SUBSIDIARIES, AFFILIATES, CO-BRANDERS, PARTNERS) WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH GOTAPE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF GOTAPE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, PERSONAL INJURY DAMAGES, DEATH AND OR EMOTIONAL DISTRESS (WHETHER NEGLIGENT OR INTENTIONAL) AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS SUBSIDIARIES, AFFILIATES, CO-BRANDERS, PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. 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 MAY HAVE ADDITIONAL RIGHTS.
GO Tape is not a substitute for medical care. Discontinue use if pain or irritation occurs. Instructions and recommendations that are provided herein and elsewhere are suggestions for product use and are not medical advice. GO Tape does not warrant or guarantee any particular results or improvement in performance. Do not use GO Tape if you have a history of cancer or blood clots. Do not apply over active skin infection or open wounds. If you have a history of diabetes, kidney disease, congestive heart failure, or if you currently have healing skin or if you are pregnant: please consult with your healthcare professional prior to use.
GO Tape (including our officers, directors, employees, agents, parents subsidiaries, affiliates, co-branders, partners) provide the Product on an “as is” basis and without any warranty or condition, express, implied or statutory. GO Tape does not guarantee and does not promise any specific results from use of the Product. GO TAPE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF GO TAPE IS SOLELY AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Product will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Product will be corrected.
In the event that You have a dispute You agree to release GO Tape (and Our officers, directors, employees, agents, parents subsidiaries, affiliates, co-branders, partners and any third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
If You are a California resident, You expressly waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and GO Tape with respect to the subject matter hereof.
ANY DISPUTE OR CLAIM ARISING OUT OF OR IN COLLECTION WITH, THIS AGREEMENT SHALL BE FINALLY SETTLED BY BINDING ARBITRATION IN CALIFORNIA, OR ANY OTHER ESTABLISHED ADR PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. IF THE PARTIES CANNOT AGREE, THE DISPUTE OR CLAIM SHALL BE IN ACCORDANCE WITH THE THEN-CURRENT RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION, ONE (1) ARBITRATOR SHALL BY APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR SHALL APPLY THE LAW OF THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO RULES OF CONFLICT OF LAW OR STATUTORY RULES OF ARBITRATION, TO THE MERITS OF ANY DISPUTE OR CLAIM. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. YOU AGREE THAT IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE GO TAPE AND/OR THE PRODUCT BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.
Your Information includes any information we collect including Your name, Your e-mail address, Your website, Your address and Your telephone number (“Your Information”). We may use Your Information to create a user account that will allow You to participate in placing orders. You are solely responsible for Your Information. GO Tape will use Your Information for marketing to You.
No Agency is created by this Agreement, partnership, joint venture, employee-employer relationship, independent contractor or franchisor-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by GO Tape, in its sole discretion. Sections referring to Services, Liability Limitations, Indemnity, and Binding Arbitration shall survive any termination or expiration of this Agreement.