Terms and Conditions

This agreement governs your purchase of products from Improv Electronics. Please read it carefully. No other terms apply. By submitting your order you are agreeing to these terms.


Definitions

"Product" shall mean any item offered for sale or licensing on the improvelectronics.com Web site or Improv Electronics direct sales materials (ads, catalogs, specifications sheets etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software, CDs and DVDs, and documentation.

Entire Agreement

The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.

Limited Warranties

Improv Electronics makes no warranties except those stated in the Improv Electronics return/warranty terms on the improvelectronics.com website. Improv Electronics expressly disclaims all other warranties, expressed or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose and any implied warranties of non-infringement.

Payment Terms; Price Confirmation/Billing Errors

Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Improv Electronics will charge credit cards upon shipment. Improv Electronics accepts Mastercard, Visa, and American Express. Improv Electronics does not accept cash, COD, purchase orders, or personal checks unless specific arrangements have been made for business sales. Improv Electronics payment terms are subject to change without notice at Improv Electronics’ sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the improvelectronics.com Web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Improv Electronics shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.

Products

Improv Electronics continually updates and revises Products. Improv Electronics may revise and/or discontinue Products at any time. Changes in products shipped and products described the improvelectronics.com and/or direct sales materials are possible. Improv Electronics Products are new unless specified as refurbished.

Coupons & Promotional Codes

Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupons must be surrendered at time of redemption. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. If you have questions regarding a coupon or promotional code, please call 1-855-224-0888. Coupon/promotional code programs may be terminated or modified by Improv Electronics at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.

Return Policy

Improv Electronics’ return policy allows for Products purchased directly from Improv Electronics to be returned by you during the 30 day period following date of shipment by Improv Electronics for a refund of purchase price actually paid. If you have received damaged, defective or incorrectly shipped merchandise please notify Improv Electronics within 30 days. Products must be returned in the original packaging. Shipping and handling charges are not refundable. Damage and missing part restocking fees may apply. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Improv Electronics. If you return Product to Improv Electronics (i) after 30 days from shipment or (ii) without proper packaging, Improv Electronics retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to eight weeks for Improv Electronics to credit your account.

Shipping and Handling/Risk of Loss

Unless otherwise stated at the time of purchase, product prices do not include shipping and handling. Improv Electronics will use its discretion in selecting reputable carrier’s and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.

Limitation of Liability

BOTH YOURS AND IMPROV ELECTRONICS LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR IMPROV ELECTRONICS BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR IMPROV ELECTRONICS SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Taxes

Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.

Resale

You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale. You shall not remove components from Product for resale.

Governing Law/Waiver of Jury Trial

This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of Ohio, without regard to conflicts of laws rules. You agree that the courts of Ohio shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Portage County, State of Ohio; or (ii) the Ohio Northern District Court of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.

Headings

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

Critical Components

The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

Force Majeure

Improv Electronics shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Improv Electronics. Quantities are subject to availability. In the event of shortage, Improv Electronics may allocate sales and deliveries in its sole discretion.

Waiver/Invalidity

Failure of Improv Electronics to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.

Entire Agreement

These terms and conditions constitute the entire and exclusive agreement between you and Improv Electronics concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Improv Electronics.

Trademark

The trademark "Boogie Board” and any other product names, service names or logos of Improv Electronics used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Kent Displays, Inc. or any of its affiliates. Other product names and/or company names used in the Web Site may be protected as their trademarks and/or trade names.
Rev. 5/11