T3 Micro Terms & Conditions
Effective Date: July 30, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by T3 Micro, Inc. Throughout the website, the terms “T3 Micro,” “T3,” “we”, “us” and “our” refer to T3 Micro, Inc. By creating an account and using this website, you agree to be bound by the following Terms & Conditions which may affect your rights. THESE TERMS & CONDITIONS INCLUDE AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BETWEEN US BY ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF BY CLASS ACTIONS OR JURY TRIALS. SEE SECTION 22 FOR MORE INFORMATION REGARDING YOUR AGREEMENT TO ARBITRATE.
SECTION 1 - ACCEPTANCE OF TERMS & CONDITIONS
Your use of T3Micro.com and your overall communications with us are expressly conditioned on your acceptance without modification of these Terms & Conditions. By using T3micro.com and/or communicating with us or purchasing something from us (collectively, our “Services”), you signify your acceptance of these Terms & Conditions, as the same may be amended from time to time, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (together, the “Terms & Conditions” or “Terms”).
T3 reserves the right to modify these Terms & Conditions at any time without prior notice. If you do not agree to these Terms, you may not use this website.
This website and our online store are not intended by use for those persons under the age of majority in your jurisdiction. By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any minors in your care to use this website.
SECTION 2 - TERMS OF PURCHASE
Certain products or services may be available exclusively online through the website. All products or services may have limited quantities and are subject to return or exchange only according to our Refund/Returns Policy.
Our sales on this website are limited to the United States. We reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis.
Occasionally there may be information on our website or in printed material distributed by us that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 3 - PROHIBITED USE
Neither the website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of T3, except that you may download, display and print the content presented on the website for your private personal, non-commercial use only. Unauthorized use of T3Micro.com and/or the content contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of such content on any other website or in any environment of networked computers is prohibited.
Any use of this website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the introduction, promotion or use of viruses; (iv) activities that violate any law, regulation or statute; (v) activities involving access or attempted access of data not intended for such user or logging onto a server or an account which the user is not authorized to access; (vi) activities involving the attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (vii) activities involving the access or use of the website or any portion thereof without authorization; and/or (v) activities that infringe upon any legally protected property right, etc. By using this website, you agree that any and all information transmitted to or with the use of this website cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. T3 Micro, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and or any other action we determine to be appropriate under the circumstances. In its sole discretion, in addition to any other rights or remedies available to T3 Micro and without any liability whatsoever, T3 Micro at any time and without notice may terminate or restrict your access to any component of T3Micro.com.
SECTION 4 - USER NAME AND PASSWORD
Your T3Micro.com website account may be accessed only by use of your login name and password. You are solely responsible for the truth and accuracy of any input and shall be solely liable for any use or misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized T3 Micro representative. T3 Micro recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. You must immediately notify T3 Micro of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of T3 Micro, and may be cancelled or suspended at any time by T3 Micro without any notice or liability to you or any other person. T3 Micro is not under any obligation to verify the actual identity or authority of the user of any login name or password.
SECTION 5 - PRIVACY
SECTION 6 - MODIFICATIONS
T3 Micro attempts to be as accurate as possible, but this website may contain typographical errors or technical inaccuracies. T3 Micro reserves the right to modify the content of this website at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue any Products or Service (or any part or content thereof) without notice at any time. T3 Micro reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if T3 Micro believes that customer conduct violates these Terms & Conditions, applicable law or is harmful to the interests of T3 Micro or any third parties.
SECTION 7 - OWNERSHIP
The T3 Micro website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of T3 Micro, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of the United States and other countries. None of the content found on T3Micro.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of T3 Micro and/or the applicable Third Parties.
This website contains trademarks, trade names, service marks, copyrights, and/or logos identified as belonging to T3 Micro. Such intellectual property remains the property of T3 Micro. Other trademarks, service marks, copyrights, and/or logos appearing on this website are intellectual property of their respective owners. You recognize and acknowledge the ownership of these rights and understand that you do not acquire, through use of this website or otherwise, any right, title, or interest in such intellectual property. You agree not to change, modify, and/or exploit such intellectual property, nor participate in any activity, which modifies and/or exploits the same. All rights to said intellectual property are reserved and any use of the same without the express written authorization T3 Micro or their respective owner is strictly prohibited.
SECTION 8 - THIRD-PARTY RELATIONSHIPS
SECTION 9 - SEVERABILITY
These Terms & Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9 - WARRANTIES & LIMITATION OF LIABILITY
T3 MICRO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL T3 MICRO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
SECTION 10 - WARRANTIES & LIMITATION OF LIABILITY
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE IS PROVIDED BY T3 MICRO ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,T3 MICRO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL T3 MICRO OR ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, PARTNERS, AND SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
SECTION 11 – MAXIMUM LIABILITY
If, notwithstanding the foregoing, T3 Micro or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of T3Micro.com or its content, the liability of T3 Micro and the Third Parties shall in no event exceed in the aggregate $250 US.
SECTION 12 - FORCE MAJEURE
Notwithstanding any other provision set forth in these Terms & Conditions, T3 Micro shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, Acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that T3 Micro shall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with then applicable law and regulatory requirements.
SECTION 13 - INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless, T3 Micro, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of your use of this website. T3 Micro has the right to control any defense pertaining to this Section.
SECTION 14 - RELATIONSHIP
Nothing in these Terms & Conditions is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between you and T3 Micro, and neither party shall have the right or authority to act for or on behalf of the other party.
SECTION 15 - GOVERNING LAW & JURISDICTION
These Terms & Conditions shall be governed by, construed, and enforced in accordance with the laws of California, United States of America, without regard to any choice of law principles. You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of California and of the United States of America located in Los Angeles County, California for any and all claims arising from the use of this website. T3 Micro’s failure to enforce any section of these Terms & Conditions shall not be construed as a waiver of such provision.
SECTION 16 - ENTIRE AGREEMENT
These Terms & Conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter and may not be amended or modified except by T3 Micro as set forth above.
SECTION 17 - RATINGS AND REVIEWS
T3 Micro enables visitors to T3Micro.com to provide T3 Micro with feedback by email or otherwise (“Customer Content”). If you provide Customer Content, you grant T3 Micro a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence. In addition, you hereby waive any and all moral rights in the Customer Content upon submission. You also grant T3 Micro the right to use your name in connection with any Customer Content you provide, if any, in connection with T3 Micro’s rights hereunder.
SECTION 18 - PRICING POLICY
T3 Micro has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across jurisdictions, items may be available online at the sale price before they are available in store. Franchisees are under no obligation to make promotional products available, or to match online prices until the sale begins in their region. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the T3Micro.com website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. All prices quoted are payable in United States dollar and, unless otherwise stated, do not include CAD, GST, PST, QST or HST.
T3Micro.com may offer limited-time sales values, special buys and items at T3 Micro’s everyday low price. Regular prices shown are the prices at which the products have been sold by T3 Micro as of the date of issuance indicated. A correctly completed Review and Submit page delivered by you to T3 Micro constitutes your offer to purchase gift cards or other products listed in your order. Your order shall be deemed to be accepted only at the point when T3 Micro sends a shipping confirmation email to the email address you provided. If you would like to change your order, call Customer Service toll-free at (866) 376-8880. Please have your order number ready when you place your call. Do not email us with a request, as emails may not be processed in sufficient time to effect a change to an order during high volume periods.
SECTION 19 - PROFESSIONAL PRICING
Products are priced on the Professional portal of our website at a discount from our published price list and at a discount from retail prices found on the portion of our website generally accessible to the public. We reserve the right to verify your professional status through state licensure. You are entitled to purchase up to three units of each electrical hair styling Product per 12 month period via the Professional Portal of our website at such discounted prices. If you desire to purchase any additional electrical hair styling Products in during such 12 month period, You must make such purchases via the generally accessible portion of our website at the prices set out therein. We reserve the right to adjust products price, offers, products and specifications of products available at our discretion at any time prior to acceptance of your order. We reserve the right not to accept your order for any reason and we will not be liable to you or to anyone else in such circumstances. We reserve the right to cease supply or amend the terms of supply in the event that there is a change in control or ownership of your business.
SECTION 20 - T3 REWARDS
GENERAL REWARDS PROGRAM CONDITIONS
Customers will be automatically entered into T3 Micro’s Rewards Program once they create an account. Further, by accepting any rewards points, each customer agrees to release and hold harmless T3 Micro, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the rewards discounts or participation in any Rewards Program related activity.
This Rewards Program is void where prohibited by law. T3 Micro reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Rewards Program; to be in violation of the Terms & Conditions of our website or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Rewards scheme at the actual time of entry will be deemed to be the user and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on line service provider or other organization, which is responsible for assigning e-mail, addresses or the domain associated with the submitted e-mail address. T3 Micro will prosecute any fraudulent activities to the full extent of the law.
REFER A FRIEND GUIDELINES
Registered members of the Rewards Program can refer a friend to join the rewards program and purchase from T3Micro.com. There is no limit to the number of friends that members can refer. Points will not be rewarded until the friend registers for the Rewards Program and completes a purchase as a rewards program member. Friend must be a new member of the rewards program; existing rewards program members will not be eligible as referred friends.
MEMBERSHIP & ELIGIBILITY
The T3 Rewards Program is offered to customers of T3Micro.com. Membership to the program is limited to individuals only and is limited to one account per individual. By registering for the program, you agree to be bound by these Terms & Conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER. The program is void where prohibited by law.
T3 Micro reserves the right at its sole discretion to modify, suspend or cancel the T3 Rewards Program, without notice for any conduct that we, in our sole discretion, believe is in violation of acceptable usage of our Rewards Program. We also reserve the right to revoke reward points if we feel the participant has tried to abuse the Rewards Program in any way.
LIMITATION OF LIABILITY
BY ENTERING INTO OUR REWARDS PROGRAM, PARTICIPANTS RELEASE AND HOLD T3 MICRO, ANY AFFILIATED COMPANIES AND EMPLOYEES FROM ANY AND ALL LIABILITY OF ANY INJURIES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THIS REWARDS PROGRAM OR ACCEPTANCE OR USE OF ANY POINTS GIVEN. NO RESPONSIBILITY IS ASSUMED FOR ANY COMPUTER, TELEPHONE, CABLE, NETWORK, SATELLITE, ELECTRONIC OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, AVAILABILITY OR GARBLED OR JUMBLED TRANSMISSIONS, OR SERVICE PROVIDER / INTERNET / WEBSITE / USENET ACCESSIBILITY OR AVAILABILITY, TRAFFIC CONGESTION, OR UNAUTHORIZED HUMAN INTERVENTION. THE ABOVE CAUSES ARE NOT EXHAUSTIVE AND CHANGES TO THE SAME CAN OR WILL BE MADE AT THE SOLE DISCRETION OF T3 MICRO AS AND WHEN REQUIRED, WITHOUT GIVING NOTICE OR ANY FORM OF COMMUNICATION TO REWARDS MEMBERS AS INDIVIDUALS OR GROUPS.
EARNING & REDEEMING REWARDS
Under the Rewards Program, you earn one (1) reward point for every U.S. dollar spent on merchandise (excludes taxes and/or shipping) in the United States on T3Micro.com. You must register for an account in order to earn rewards points. You must be logged into your rewards account in order to redeem rewards points. You are not required to redeem rewards points during checkout. Earned points are not redeemable for cash, and may only be used as a discount toward a future purchase on T3Micro.com. Earned points cannot be applied toward previous purchases. Points accumulated on different accounts of different members may not be combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction.
Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will be deducted from the member's account in an amount equal to the points earned for the original transaction.
Rewards points will expire after 12 calendar months of inactivity (inactivity is defined as not earning or redeeming points within 12 calendar months).
To ensure that your review meets our criteria all fields must be completed and an honest paragraph about the product itself must be included. We cannot accept duplicate reviews or derogatory reviews about our products, as these issues should be taken up directly with our Customer Service team.
SECTION 21 - DIGITAL MILLENNIUM COPYRIGHT ACT
In the event that you wish to assert a claim based upon copyright infringement for graphics, images and text which are believed to be illegally residing on this website, you should promptly send correspondence to T3 pursuant the Digital Millennium Copyright Act to Customer Service (hyperlink) or a written communication to:
T3 Micro, Inc. Consumer Service/Attn. Webmaster – DMCA
880 Apollo St. Suite 200
El Segundo, CA 90245
Claims must include the following information:
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Website are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit T3 to locate the allegedly infringing material;
- Information reasonably sufficient to permit T3 to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SECTION 22 - ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in the United States.
Dispute resolution and arbitration
In consideration of and as a condition of your use of the website, you and T3 Micro agree that any dispute, claim, or controversy between you and T3 Micro arising in connection with or relating in any way to these Terms & Conditions or to your relationship with T3 Micro as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms & Conditions) will be determined by mandatory binding individual (not class) arbitration. You and T3 Micro further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms & Conditions.
Notwithstanding the immediately preceding clause, you and T3 Micro both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No Class Or Representative Proceedings: Class Action Waiver
YOU AND T3 MICRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and T3 Micro agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and T3 Micro will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and T3 Micro agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. T3 Micro can also help put you in touch with the AAA. Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If you choose to file an arbitration proceeding and you are required to pay a filing fee, T3 Micro will reimburse you for that filing fee, including other arbitration fees and your share of arbitrator compensation, unless your claim is for greater than US $10,000, in which case you will be responsible for the fees, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). T3 Micro's address for Notice is: T3 Micro USA Inc., Attn: General Counsel,880 Apollo St. Suite 200 El Segundo, CA 90245. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or T3 Micro may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 13 shall govern any claim in court arising out of or related to the Terms & Conditions.
SECTION 23 - CHANGES TO TERMS
The Effective Date of these Terms & Conditions is set forth at the top of this webpage. T3 reserves the right to change or update these Terms & Conditions at any time. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms & Conditions. Your continued use of the website after the Effective Date constitutes your acceptance of the amended Terms & Conditions. The amended Terms & Conditions supersede all previous versions.
SECTION 24 - GIFT CARDS
By your purchase, acceptance or use of a gift card, you agree to be bound by the additional terms and conditions provided in this Section.
The gift cards are provided for purchase and use by those legal U.S. residents over 18 only. While the gift cards are generally provided in a digital format (and not through an actual card), you should protect the card and the information provided with the gift card (e.g., passwords or gift card numbers) as if it was cash. Gift cards cannot be purchased using a promo code or by using Afterpay Installment Payment as the method of payment.
No implied warranties are provided with the gift card, which is not a credit card, debit card, or a charge card.
You may purchase gift cards in the set denominations that we provide through our store, and the gift cards are not reloadable. The funds on the gift card do not expire, and we do not charge any dormancy fees. We may correct your fund balance if we find that an error has occurred, and we may also deactivate or cancel your gift card if we find or suspect fraud, illegal activity, or improper use. You are responsible for tracking the balance of your funds.
Your gift card is not for resale and may not be used for any promotional use. The gift cards and underlying funds are for use only through our online store for U.S. purchases and are not available for use anywhere else or for purchases in any other geographic area or territory. If any purchase exceeds the available balance of your gift card, you must provide an additional payment method for the balance of the purchase. You may not use gift cards for the purchase of additional gift cards. You may redeem a maximum of one gift card per transaction.
The gift card is neither returnable nor refundable. However, if your balance of funds falls below ten dollars, you may request a refund of the remaining balance in whole by reaching out to email@example.com.
LIMITATION OF LIABILITY; RIGHTS
Limitation of Liability; Rights. GIFT CARDS ARE PROVIDED BY US FREE OF ANY WARRANTY, EXPRESS OR IMPLIED. You may have additional rights in connection with your purchase or use of a gift card under the laws and regulations of the jurisdiction in which you reside.
If you have any questions about your gift card, you may contact us at firstname.lastname@example.org.