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Terms of Product Sale

PRODUCT SALES POLICY FOR INGRID DIGITAL HOME PROTECTION SYSTEM PRODUCTS

PLEASE REVIEW THESE POLICIES CAREFULLY AS THEY ARE THE TERMS OF SALE THAT GOVERN YOUR PURCHASES OF PRODUCTS (“Products”) FROM INGRID, INC. (“InGrid”) AND THE COMMENCEMENT OF BILLING FOR THE INGRID HOME SECURITY SERVICE THEY SET OUT YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR PURCHASES, INCLUDING IMPORTANT LIMITATIONS AND EXCLUSIONS, SUCH AS THOSE CONTAINED IN INGRID’S PRODUCT WARRANTIES. YOUR PLACEMENT OF AN ORDER WITH INGRID THROUGH THIS WEB SITE (an “Order”) CONSTITUTES YOUR AGREEMENT THAT THESE POLICIES APPLY TO THE ORDER, SO BE CERTAIN YOU UNDERSTAND THEM BEFORE YOU PLACE YOUR ORDER.

Other Documents
This agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and InGrid.

U.S. Sales Only
InGrid sells and ships Products only within the continental United States, Alaska, and Hawaii. No sales or shipments can be made to United States territories or addresses outside the United States. You may not export out of the United States any Products purchased from InGrid.

Sales to End Users Only
InGrid sells Products to end user customers only. You may not purchase Products from InGrid for resale. InGrid reserves the right to refuse or cancel your order if InGrid suspects you intend to resell Products purchased from InGrid.

Proof of Purchase
InGrid will send a confirmation of your Order to the email address that you provide to InGrid with your Order. If you have not included a valid email address, you will receive a confirmation of your Order with your receipt of the Products purchased.

Payment Methods (Credit Cards)
Please read carefully our policies with respect to payment methods before you place your Order.

You may pay by only by credit card. When you provide InGrid with your card information, InGrid will obtain a pre-approval from the card company for the amount of the Order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Unless you are otherwise notified, as part of your particular transaction, InGrid will not bill your credit card until your Order ships.

InGrid accepts Visa, MasterCard, American Express, and Discover credit cards. InGrid does not accept credit cards issued by banks outside of the United States.

InGrid requires the credit card security code for your card for any Order to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard or Discover).

The credit card that you use to purchase Products will be the default credit card number used for your subscription to the InGrid Home Security Service. If you are not already a subscriber to the InGrid Home Security Service and your subscription charges for the service are billable by InGrid, subscription charges for the InGrid Home Security Service will be billed to that default credit card number, beginning 30 days from the date of your Order. The terms and conditions applicable to the InGrid Home Security Service can be found at http://www.ingridhome.com/terms-service and are binding on you with respect to those subscription charges as of that date.

Sales Tax
In addition to the price of your purchased Products, InGrid will charge you sales tax based on your shipping address and the sales tax rate in effect at the time your Order is placed. If the sales tax rate for the state to which your Order is being shipped changes before the product is shipped, the rate in effect at the time your Order was received in InGrid’s system will apply. The proof of purchase that InGrid emails to you will include any applicable sales tax.

Shipping Options
InGrid offers four convenient shipping options:
  • Standard Shipping: This option is available on all Orders. Products shipped via standard service are typically delivered up to 10 business days following shipment.


  • 3-Day Shipping: For an additional charge, InGrid offers 3-Day expedited shipping for most Products. If this method is selected, Orders for Products are typically delivered 3 business days following the date of the Order, if the Order is placed prior to 2:00 p.m. Eastern (U.S.) time.


  • 2-Day Shipping: For an additional charge, InGrid offers 2-Day expedited shipping for most Products. If this method is selected, Orders for Products are typically delivered 2 business days following the date of the Order, if the Order is placed prior to 2:00 p.m. Eastern (U.S.) time.


  • Overnight Delivery: For an additional charge, InGrid offers overnight expedited shipping for most Products. If this method is selected, Orders for Products are typically delivered 1 business day following the date of the Order, if the Order is placed prior to 2:00 p.m. Eastern (U.S.) time. Overnight delivery is not available for Orders shipping to Alaska and Hawaii.

These shipping time estimates are for time in transit only, and that they do not apply until the Product leaves InGrid’s (or its contractor’s) facilities. As the delivery of your Order is beyond InGrid’s control once it leaves InGrid’s (or its contractor’s) facilities, InGrid cannot assume liability for late deliveries, regardless of the applicable delivery method.

Title and Risk of Loss: Title (other than with respect to software) and risk of loss to all Products will pass to you on delivery.

Undeliverable Orders: Occasionally packages are returned to InGrid as undeliverable. When the carrier returns an undeliverable package to InGrid, you must contact InGrid to make arrangements for reshipment.

Order Processing
The estimated shipment date on your Order is based on Product availability, payment processing time, and warehouse processing time and does not include transit time. InGrid does not begin payment processing until InGrid receives all the information that it needs and full payment or a full authorization.

InGrid will begin payment processing for Orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding U.S. federal holidays.

Your Order for in-stock Products that are eligible for same-day shipping must be received before 2:00 p.m. Eastern time, pending payment processing, for there to be adequate remaining time in the day for your Order to be processed.

Please review the Product Availability section below for more information regarding order processing and product availability times.

Product Availability
Although InGrid makes every effort to ship your Order according to the estimate provided to you at checkout, shipping dates may change due to changes in supply. If the shipping estimate changes, InGrid will contact you via email and provide a revised estimate.

InGrid makes every effort to supply you with the Products you order, but there may be occasions when InGrid confirms Orders but learns that it cannot supply the ordered Products, either at all or in the quantities ordered. These occasions can include when InGrid learns that the Products no longer are being manufactured or they otherwise become unavailable to InGrid, or when there was a pricing error when you ordered. In those circumstances, InGrid will contact you. InGrid will cancel your Order for Products InGrid cannot supply and for any other Products that you no longer wish to order as a result, and will refund your purchase price for those Products, if your credit card has already been charged.

Prices
Your total Order price will include the price of the Products purchased on the day that you place your Order, plus any applicable sales tax and shipping charges. InGrid reserves the right to change prices for Products displayed on this web site at any time and particularly to correct pricing errors.

Product Warranty
THE LIMITED WARRANTY APPLICABLE TO INGRID-BRANDED PRODUCTS CAN BE FOUND AT http://shop.ingridhome.com/customersupport OR IN THE DOCUMENTATION INGRID PROVIDES WITH INGRID-BRANDED PRODUCTS. INGRID MAKES NO WARRANTIES FOR NON-INGRID-BRANDED PRODUCTS. SUCH NON-INGRID-BRANDED PRODUCTS ARE PROVIDED BY INGRID “AS IS” AND ANY WARRANTIES ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY INGRID. INGRID MAKES NO EXPRESS WARRANTIES FOR INGRID-BRANDED PRODUCTS EXCEPT THOSE STATED IN INGRID’S APPLICABLE LIMITED WARRANTY IN EFFECT ON THE DATE OF YOUR ORDER. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCTS THROUGH INGRID, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.

By purchasing from InGrid, you acknowledge that you have had an opportunity to review InGrid’s warranty terms, have done so to the degree you feel you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

Return and Refund Policy
If you are not satisfied with a Product, please call 1-877-INGRID7 (1-877-464-7437) for a Return Material Authorization (RMA) request number within 30 calendar days of your receipt of the Product. If the item is returnable and you send it back to us unopened in the original box, InGrid will exchange it or offer you a refund based on your original method of payment. You must return the Product to the InGrid warehouse within 14 calendar days of the issuance of the RMA number. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.

Software
Unless you are otherwise provided with a separate license agreement with respect to your use of software embedded within any Product, such software is licensed to you under this section on a non-exclusive and limited basis, and not sold. You may use such software only in connection with the Product in which it is embedded, and may not modify, distribute, copy or reverse engineer such software. All rights with respect to such software not licensed to you hereunder are fully reserved by InGrid and/or its licensors.

Limitation of Liability
INGRID DOES NOT ACCEPT LIABILITY FOR PRODUCTS PURCHASED HEREUNDER BEYOND THE REMEDIES SET FORTH HEREIN AND IN INGRID’S LIMITED WARRANTY, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, INGRID WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, INGRID IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Applicable Law
You agree to comply with all applicable laws and regulations of the various states and of the United States, including with respect to your purchase of and use of Products.

Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN YOU AND INGRID ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT, INGRID’S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. ALL LEGAL PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PURCHASE OF PRODUCTS SHALL BE BROUGHT SOLELY IN DELAWARE COUNTY, PENNSYLVANIA, SUBJECT TO THE NEXT SECTION ENTITLED “BINDING ARBITRATION”.

Binding Arbitration

WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THERE’S NO JUDGE OR JURY IN ARBITRATION, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT AS A COURT WOULD. IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY’S FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO EACH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT:

(1) THE FEDERAL ARBITRATION ACT APPLIES TO THESE TERMS. EXCEPT FOR QUALIFYING SMALL CLAIMS COURT CASES, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY ADVERTISING FOR PRODUCTS OR SERVICES, WILL BE SETTLED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”).

(2) YOU CAN OBTAIN PROCEDURES, RULES, AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG), OR FROM US. YOU AGREE THAT THIS AGREEMENT DOESN’T PERMIT CLASS ARBITRATIONS EVEN IF THOSE PROCEDURES OR RULES WOULD. IN EXCHANGE FOR YOUR AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS, WE’RE PROVIDING YOU A FREE INTERNAL MEDIATION PROGRAM. MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES. A MEDIATOR CAN HELP PARTIES REACH AGREEMENT, BUT DOESN’T DECIDE THE ISSUES. IN OUR MEDIATION PROGRAM, WE’LL ASSIGN SOMEONE (WHO MAY BE FROM OUR COMPANY) NOT DIRECTLY INVOLVED IN THE DISPUTE TO MEDIATE. THAT PERSON WILL HAVE ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE USED IN A LATER ARBITRATION OR LAWSUIT.

(3) IF YOU REQUEST MEDIATION UNDER OUR PROGRAM, PARTICIPATE IN GOOD FAITH IN AT LEAST ONE TELEPHONIC MEDIATION SESSION, AND THE MEDIATION DOESN’T RESOLVE THE DISPUTES BETWEEN US, WE’LL PAY ANY FILING FEE LATER CHARGED TO YOU BY THE AAA OR BBB FOR ONE (1) ARBITRATION OF THOSE SAME DISPUTES. IF THAT ARBITRATION PROCEEDS, WE’LL ALSO PAY ANY FURTHER ADMINISTRATIVE AND ARBITRATOR FEES LATER CHARGED FOR IT AND (IF THE ARBITRATION AWARD IS APPEALABLE UNDER THESE TERMS) ANY APPEAL TO A NEW THREE (3) ARBITRATOR PANEL. WE MAY MAKE YOU A WRITTEN OFFER OF SETTLEMENT ANY TIME BEFORE ARBITRATION BEGINS. IF WE DO AND YOU DON’T RECOVER IN ARBITRATION MORE THAN SEVENTY FIVE PERCENT (75%) OF THE OFFERED AMOUNT, YOU AGREE TO REPAY US THE LESSER OF ANY FEES WE ADVANCED OR WHAT YOU WOULD HAVE PAID IN FEES AND COSTS IN COURT UNDER SIMILAR CIRCUMSTANCES.

(4) ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL AND BINDING AND MAY BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(5) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (2) ABOVE IS DEEMED UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. FURTHER, IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY TRIAL BY JURY.

InGrid Terms of Service
Please review the current version of InGrid’s Terms of Service (click here: http://shop.ingridhome.com/StoreCatalog/ctl4821/sitecontent/termsOfService/terms_of_service) applicable to the services provided by InGrid.

© 2008, InGrid, Inc.