Terms and Conditions
EDG Sales International, LLC dba 18650 Battery Store (“18650 Battery Store”, “we”, or “our”) has created, controls and publishes this website (the “Site”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. 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 YOU’RE YOUR ACCESS TO OR USE OF ANY PART OF THE SITE OR ITS SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
IF YOU ARE USING THE SITE AND ITS SERVICES ON BEHALF OF AN ORGANIZATION OR AN ENTITY, THEN YOU ARE AGREEING TO THESE TERMS AND CONDITIONS ON BEHALF OF THAT ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” REFERS TO YOU AND THE ORGANIZATION.
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 18650 Battery Store. The collective work includes works that are licensed to 18650 Battery Store. Copyright 2019, 18650 Battery Store 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 18650 Battery Store or purchasing 18650 Battery Store 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 18650 Battery Store or to purchase 18650 Battery Store 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 18650 Battery Store. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names of 18650 Battery Store used in the Site are trademarks or registered trademarks of 18650 Battery Store and its licensors.
THIS SITE AND THE MATERIALS AND PRODUCTS 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, 18650 BATTERY STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 18650 BATTERY STORE 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. 18650 BATTERY STORE 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.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT ALL SALES ARE FINAL. YOU HAVE READ THE WARNINGS AND CLEARLY UNDERSTAND THE POTENTIAL DANGERS OF USING LITHIUM ION BATTERIES. YOU UNDERSTAND THAT LITHIUM BATTERIES ARE INTENDED TO BE USED WITHIN SYSTEM INTEGRATIONS OR BATTERY PACKS ONLY. WHEN PURCHASING PRODUCTS FOR RESALE PURPOSES, YOU AGREE TO FORWARD THE SAME WARNINGS TO ALL CUSTOMERS FOR THEIR REFERENCE AND SAFETY.
FURTHERMORE, YOU SHALL INDEMNIFY AND HOLD 18650 BATTERY STORE, ITS PARENTS, DIRECTORS, OFFICERS, PARTNERS, CONTRACTORS, LICENSORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCTS PURCHASED.
TO THE FULL EXTENT PERMISSIBLE BY LAW, 18650 BATTERY STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON, PURCHASED THROUGH, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, AND CONSEQUENTIAL DAMAGES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER 18650 BATTERYSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, 18650 BATTERY STORE LIABILITY SHALL NOT EXCEED THE PRICE PAID FOR THE SPECIFIC GOODS PROVIDED BY 18650 BATTERY STORE GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
In the event that a 18650 Battery Store product is mistakenly listed at an incorrect price, 18650 Battery Store reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. 18650 Battery Store 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, 18650 Battery Store shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination, and Modification
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 or modified by 18650 Battery Store without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Disputes, and General, shall survive any termination.
18650 Battery Store 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 18650 Battery Store.
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 18650 Battery Store 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.
18650 Battery Store 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, 18650 Battery Store 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, 18650 Battery Store 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 18650 Battery Store in its sole discretion.
You agree to indemnify, defend, and hold harmless 18650 Battery Store, 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.
In an attempt to provide increased value to our visitors, 18650 Battery Store may link to Sites operated by third parties. However, even if the third party is affiliated with 18650 Battery Store, 18650 Battery Store has no control over these linked sites, all of which have separate privacy and data collection practices, independent of 18650 Battery Store. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, 18650 Battery Store 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).
You agree that we may bring an action against you for your failure to pay any and all fees or other charges under these Terms and Conditions in the state or federal courts located in Smyrna, Cobb County, Georgia, and you unconditionally submit to the exclusive jurisdiction of those courts in connection with any such action.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If any provision of these Terms and Conditions, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms and Conditions (including any limitations of liability or other exclusions of damages) shall remain unaffected and in full force and effect.
The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms and Conditions shall not be construed as a waiver of any provision or right.
Unless expressly provided otherwise, these Terms and Conditions, together with any amendments and additional agreements you may enter into with 18650 Battery Store, constitutes the entire agreement between you and 18650 Battery Store with respect to the use of this Site and its services and shall not be modified except in writing, signed by an authorized representative of 18650 Battery Store.
No party shall be liable for any default or delay in the performance of its obligations under these Terms and Conditions if and to the extent such default or delay is caused directly or indirectly by a force majeure event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.