Terms and Conditions @ BlingX.com

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of In-Motion Products LLC dba BlingX. Copyright 2008, In-Motion Products LLC dba BlingX ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with In-Motion Products LLC dba BlingX or purchasing In-Motion Products LLC dba BlingX products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with In-Motion Products LLC dba BlingX or to purchase In-Motion Products LLC dba BlingX products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by In-Motion Products LLC dba BlingX. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of In-Motion Products LLC dba BlingX used in the site are trademarks or registered trademarks of In-Motion Products LLC dba BlingX

Warranty Disclaimer
This site and the information on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, In-Motion Products LLC dba BlingX disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. In-Motion Products LLC dba BlingX does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. In-Motion Products LLC dba BlingX does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
In-Motion Products LLC dba BlingX shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if In-Motion Products LLC dba BlingX has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a In-Motion Products LLC dba BlingX product is mistakenly listed at an incorrect price, In-Motion Products LLC dba BlingX reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. In-Motion Products LLC dba BlingX reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, In-Motion Products LLC dba BlingX shall issue a credit to your credit card account in the amount of the incorrect price.

Returns

In-Motion Products LLC dba BlingX will replace any defective or misshipped item purchased through In-Motion Products LLC dba BlingX if the defect occurs during the stated warranty period for that product. Prior to returning a defective item, a return authorization needs to be obtained by emailing info@BlingX.com with your name, order number and product defect information. Once an RA is issued, the product can be shipped back to our designated warehouse. Once the defective item has been returned, a replacement product (or product of greater value if the exact replacement is no longer available) will be shipped to you at no additional cost. Defects taking place after the stated warranty will not be covered by In-Motion Products LLC dba BlingX.

If a return is necessary due to dissatisfaction with a product (a buyer's remorse return), a return authorization needs to be obtained by emailing info@BlingX.com within five (5) days of item delivery. Claims after five (5) days will not be honored. Once an RA is issued, it shall be the customer's responsibility to ship the item back to our designated warehouse at the customer's expense (this shipment should be via a method providing a tracking number; In-Motion Products LLC dba BlingX is not responsible for items lost in transit). The product must include the original box as well as all included accessories and manuals. Once the return has been received by In-Motion Products LLC dba BlingX, it will be inspected for defects. When the product is checked back in, a credit will be issued for the cost of the product, less a 15% restocking fee. Initial shipping costs will not be refunded. On items that were originally shipped with "free ground shipping", a credit will be issued for the item cost, less the 15% restocking fee AND less an additional $20 shipping and handling fee. This is a flat non-negotiable fee.

All returns must be received with in 14 days of receiving an RA.

Shipping

In-Motion Products LLC dba BlingX ships its products via Ground shipments using USPS or UPS. Shipments are usually made within 2 business days of order placement. Ground shipments typically arrive in the contiguous 48 US states within Seven (7) business days. If expedited shipping is needed, please contact us at info@BlingX.com for a quote before purchasing the item. Shipments to Hawaii, Alaska, Puerto Rico, PO Boxes, APOs & International Shipping cannot be shipped with standard ground service and require a surcharge (PO & APO need to be shipped via USPS; not all products are available for shipment via USPS). Please contact us at info@BlingX.com for a shipping rate before purchasing. Instances where we are offering "free ground shipping" on products are not applicable to Hawaii, Alaska, Puerto Rico, PO, APO or International Shipping addresses.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by In-Motion Products LLC dba BlingX without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
In-Motion Products LLC dba BlingX may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to In-Motion Products LLC dba BlingX.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of In-Motion Products LLC dba BlingX products) shall be in the state or federal courts located in Orange County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of In-Motion Products LLC dba BlingX products) must be commenced within one (1) year after the claim or cause of action arises. In-Motion Products LLC dba BlingX's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. In-Motion Products LLC dba BlingX may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a In-Motion Products LLC dba BlingX or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
In-Motion Products LLC dba BlingX does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, In-Motion Products LLC dba BlingX is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, In-Motion Products LLC dba BlingX reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to In-Motion Products LLC dba BlingX in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless In-Motion Products LLC dba BlingX, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, In-Motion Products LLC dba BlingX may link to sites operated by third parties. However, even if the third party is affiliated with In-Motion Products LLC dba BlingX, In-Motion Products LLC dba BlingX has no control over these linked sites, all of which have separate privacy and data collection practices, independent of In-Motion Products LLC dba BlingX. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, In-Motion Products LLC dba BlingX seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).