ColorBit LLC (the Company) has agreed to provide the Customer a 30ft ColorBit Kit (the Kit) and the Customer has agreed to trial the Kit for the Trial Period on the terms and conditions detailed in this Agreement.
The Customer will secure the Kit with a Deposit of $99.00. The Company will ship free of charge the Kit to the Customer comprising of:
The Customer will use the Kit and evaluate its features during the Trial Period of 30 days from the date the Kit is delivered to the Customer. During the Trial Period, the Company will provide the Customer technical assistance in the use and operation of the Kit.
The Kit remains the property of the Company. The Customer must keep the Kit in good, unmodified, and marketable condition. The Customer may not sell, pledge or in any way charge the Kit while the Device remains the property of the Company
Within 5 days following the expiration of the Trial Period (or anytime before), the Customer must notify the Company in writing via email to firstname.lastname@example.org whether they wish to continue using the Kit. The Company will provide the Customer pricing and instructions for the option of keeping the Kit as is, or if the Customer would like to purchase additional light strings, the option of upgrading the kit.
If the Customer wishes to return the Kit the Company will supply a pre-paid label to the Customer. The Deposit will be refunded to the Customer once the Kit has been inspected and found to be in marketable unmodified condition.
To the maximum extent permitted by law, the Company makes no warranty or representation regarding the Instrument and Test Kits and accepts no liability whatsoever for the Instrument and Test Kits.
To the maximum extent permitted by law, all terms and warranties expressed or implied by any legislation, common law, equity, trade custom or usage or otherwise in relation to the Instrument and Test Kits are expressly excluded.
The Customer is liable for and must fully indemnify and hold the Company harmless against any and all direct and indirect losses, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by the Company, and hereby releases the Company from any action, claim, proceedings, suit or demand arising out of or in connection with:
Notwithstanding any other term of this Agreement, the aggregate liability of the Company to the Customer for loss or damage in connection with the Kit shall be limited to the value of the Kit provided.
The Customer warrants and represents to the Company that it will use the Kit:
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Notices under this agreement must be in writing and in English. Notices must be delivered by email address provided by the Company and the Customer. Notices will be deemed given at the time of transmission if the transmission was made before 5.00pm (addressee's local time) on a Business day or otherwise at the commencement of the first Business Day following transmission.
Each party must promptly do whatever the other party reasonably requires of it to give effect to this agreement and to perform its obligations under it.