Dr. Battery.com provides its services to you subject to the following conditions. If you visit, use or make purchases at the DrBattery.com web site, you accept these conditions. Please read them carefully. In addition, when you use, visit or purchase from any web site affiliated with Dr. Battery.com, whether or not included in the DrBattery.com web site, you also will be subject to the guidelines and conditions applicable to such service or business.

ELECTRONIC COMMUNICATIONS

When you visit DrBattery.com 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.

DISCLAIMER

The information and materials contained in this site and all sites linked to this site ("website"), including text, graphics, links or other items - are provided "As is", "As Available". Dr. Battery.com does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

COPYRIGHT

The copyright in this website is owned by Dr. Battery.com, its agents and/or professional advisors. No part of parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Dr. Battery.com or the copyright owner provided that permission is granted to download and print the materials on this website for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Dr. Battery.com¡¦s permission, "mirror" any material contained on this website on any other server.

TRADEMARKS

The trade marks, service marks, and logos (the "Trade Marks") used and displayed on this website are registered. Nothing on this website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of Dr. Battery.com or other Trade Mark owner. Dr. Battery.com aggressively enforces its intellectual property rights to the fullest extent of the law.

YOUR 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 DrBattery.com only with involvement of a parent or guardian. Dr. Battery.com and its affiliates 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 DrBattery.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

GOVERNING LAW AND JURISDICTION

Any facilities and/or services offered through this website are strictly for Dr Battery¡¦s customers' access and/or use in North America and South America. Other than as aforesaid, nothing in this website shall be construed as Dr. Battery.com providing services and facilities outside of the abovementioned territories. By accessing this website and using the facilities and/or services offered through this website, you agree that Canada law shall govern such access and the provision of such facilities and/or services and you agree to submit to the exclusive jurisdiction of the Canada courts.

EXCLUSION OF LIABILITY

Dr. Battery.com shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:

  1. any access, use or the inability to access or use this website, or reliance on the contents of this website;
  2. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
  3. any use of or access to any other website linked to this website;
  4. any product, service or information of any merchant or service provider, even if Dr. Battery.com. or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user's own risks. This exclusion clause shall take effect to the fullest extent permitted by law.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

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.


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