PLEASE READ THESE TERMS CAREFULLY! By submitting your order or accepting or using products, you acknowledge that you agree to these terms in their entirety.
1. Application. These Commercial Terms of Sale (“Terms”) apply to all consumer purchases of Forward Edge-AI, Inc. (hereinafter referred to as “Forward Edge-AI”, “we”, “our” or “us”) Products (“Product”) in the United States.
2. Additional Terms. The Terms consist of this document and Forward Edge-AI’s Privacy Policy.
3. Orders, Acceptance and Cancellation. Your order is an offer to buy. Forward Edge-AI may send an order confirmation email to acknowledge receipt of your order, but Forward Edge-AI does not accept your order until we send you notice that the Product has shipped. Forward Edge-AI may process payment for and ship parts of an order separately. Forward Edge-AI reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud. All Products displayed on the Forward Edge-AI website are subject to availability. We reserve the right to discontinue or modify any Product at any time without notice.
4. Pricing and Availability. Prices and promotions are subject to change. Forward Edge-AI strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order. Priced are list in U.S. Dollars and exclude applicable taxes. Payment must be made in full at the time of order using one of the accepted payment methods.
5. Taxes and Fees. Unless you provide Forward Edge-AI with a valid and correct tax exemption certificate, you are responsible for sales and other taxes associated with your order.
6. Shipping. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. Forward Edge-AI is not responsible for any visible shipping damages not noted on the delivery receipt.
7. Warranty Disclaimer. FORWARD EDGE-AI MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-FORWARD EDGE-AI BRANDED PRODUCT, WHICH ARE PROVIDED "AS IS," AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS. SOME STATES DO NOT ALLOW LIMITATION OF WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. Forward Edge-AI will replace, repair, or issue credit, at Forward Edge-AI’s option, on any product returned under warranty by you. The warranty period is one (1) year for Forward Edge-AI products. Forward Edge-AI will not be liable for loss of profit, loss of use, incidental damages, consequential damages or any loss, cost, or damages of any kind based upon a claim for defective products or breach of warranty.
8. Limitation of Liability. In no event will Forward Edge-AI be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Forward Edge-AI has been advised of the possibility of such damages. YOU AGREE THAT FORWARD EDGE-AI’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE.
9. Intellectual Property & Ownership. All intellectual property rights in our website, branding, product images, descriptions, designs, and any related materials (including manuals, packaging, and digital content) are owned by Forward Edge-AI or our licensors. You are granted a limited, non‑exclusive, non‑transferable license to use such materials solely for internal business purposes solely. No rights, title, or interest in any intellectual property is transferred to the customer by purchasing our products or using our website. Customers must not reproduce, modify, distribute, publish, or create derivative works from any of our materials without our prior written permission.
10. Confidential Information. All drawings, diagrams, specifications, technical information, and other material and information furnished by Forward Edge-AI and identified as confidential (hereinafter collectively called "Confidential Information") is proprietary to Forward Edge-AI and contains trade secrets. You shall not use, reproduce, distribute or disclose such Confidential Information, except that Confidential Information may be disclosed, with appropriate safeguards against re-dissemination, to employees of you with respect to whom such information is necessary to the performance of their duties hereunder. You recognize that such proprietary information is unique and consents to the remedy of injunction in addition to damages for a violation of this provision
11. Trade Control. You will comply with all relevant United States and foreign laws, rules and regulations governing its activities, including but not limited to, the Foreign Corrupt Practices Act, Arms Export Control Act, Export Administration Act, Anti-Boycott Law of the United States, ITAR, and their implementing regulations.
12. Force majeure: Forward Edge-AI will not be responsible or liable for any delay or failure in performance arising as a result of fire, accident, acts of God, acts of public enemy, war, labor disputes, failure or delays, transportation, inability to secure product, raw materials or machinery for the manufacturing process, requirements or acts of any government or agency thereof, judicial action or other causes beyond Forward Edge-AI’s control.
13. Governing Law. THESE TERMS AND ANY DISPUTE BETWEEN YOU AND FORWARD EDGE-AI WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW.
14. Dispute Resolution and Binding Arbitration. YOU AND FORWARD EDGE-AI AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND FORWARD EDGE-AI WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, EXCEPT AS SPECIFIED IN ANY APPLICABLE MASS ARBITRATION RULES, PROCEDURES, OR GUIDELINES. Arbitration shall be administered by the American Arbitration Association (AAA).
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