Return Policy & Terms and Conditions
By accessing this Website and/or by purchasing goods and/or services on this Website you agree to be bound by the Terms and Conditions below and all applicable laws and you acknowledge these Terms and Conditions constitute a binding agreement between you and MOSQUITO MAX. These Terms and Conditions are subject to change at the sole discretion of MOSQUITO MAX at any time. Changes made by MOSQUITO MAX will be incorporated into the Terms and Conditions posted to this Website from time to time. If you do not agree with or cannot comply with these Terms and Conditions, please do not access or use this Website.
These Terms and Conditions apply to all of your use of this Website and any and all online purchases from this Website and may NOT be altered, supplemented, or amended by you in any way. These Terms and Conditions supersede all previous written or oral agreements between you and MOSQUITO MAX with respect to such subject matter. Any attempt to alter, supplement, or amend this document or to enter an order for product(s) which is subject to additional or altered Terms and Conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and MOSQUITO MAX.
By accessing this Website and/or by placing an order for goods and/or services on this Website, you agree to be bound by these Terms and Conditions and all applicable laws, and you acknowledge these Terms and Conditions constitute a binding agreement between you and MOSQUITO MAX. In addition, you agree to comply in good faith with all rules and requirements that appear during your order process on the Website Orders are not binding upon MOSQUITO MAX until accepted by MOSQUITO MAX. MOSQUITO MAX reserves the right to refuse service to anyone. MOSQUITO MAX will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.
REFUND/ RETURN POLICY
Original sales receipt must accompany returns. We accept returns for exchange or refund seven ( 7 ) calendar days after delivery of the product. At our sole discretion after seven ( 7 ) days, we will offer an exchange or store credit only. Items must be in "new, unaltered and unused condition". If an item is received damaged or is incorrectly shipped by us please contact customer support immediately. Items that are defective and shipped from us or items that you did not order but received from us will qualify for store credit or a cash refund. Refunds are contingent upon inspection of item(s) once we receive it. There is a 15% restocking fee for returned items that are not being exchanged and are not damaged. Again you MUST contact us within 7 days if you intend to return ANY item back to our store. Items returned to us AFTER 7 days and WITHOUT contacting us will NOT be refunded. Customer is responsible for all shipping costs if seller is not at fault.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MOSQUITO MAX OR ANY AFFILIATE OR REPRESENTATIVE OF MOSQUITO MAX BEAR ANY LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. MOSQUITO MAX WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, MOSQUITO MAX SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES GREATER THAN THE ACTUAL TOTAL AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY.
AGREEMENT NOT TO RESELL OR EXPORT
By purchasing from this Website, you agree and represent that you are a consumer or an end-user of the products or services sold on this Website and are purchasing from this Website for your own personal use only, and not for resale or export. By purchasing from the Website, you further represent that you are not a dealer, wholesaler, or a re-seller of any of the products and/or services sold on the Website. You agree that you will not re-sell or export the products or services sold on this Website. You agree to comply with all applicable laws and regulations of the various states and of the United States.
You agree that you will not purchase any item from this Website and attempt to tamper with it, take it apart, or reverse engineer the item in order to develop a competing product.
You agree that if you violate this agreement and/or resell or export any items purchased from this Website, such actions shall void any and all warranties, guarantees, service agreements, and or service plans associated with the items resold or exported. You futher agree that if you violate this agreement and/or resell or export any items purchased from this Website you will be subject to legal action for breach of these Terms and Conditions as well as other causes of action. You further agree that if MOSQUITO MAX is required to pursue legal action against you for violation of these Terms and Conditions you will indemnify, defend, and hold harmless MOSQUITO MAX for your actions and you will pay MOSQUITO MAX’s attorneys fees and costs for pursuing such legal action.
QUANTITY LIMITS & DEALER SALES
MOSQUITO MAX reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same MOSQUITO MAX account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. MOSQUITO MAX also reserves the right, at our sole discretion, to prohibit sales to dealers, wholesalers, and/or re-sellers.
You agree to defend, indemnify and hold harmless MOSQUITO MAX and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (1) your use or misuse of the Website, (2) your performance or failure of performance under these Terms and Conditions and any direct or indirect results thereof, (3) your lawful or unlawful acts or omissions relating to the purchase of any items or services on this Website, (4) breach of any of your warranties or representations herein, (5) the resale or export by you of any goods or services purchased on this Website, (6) your failure to comply with any applicable laws, and/or (7) your failure to comply with any provision contained in these Terms and Conditions.
These Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Texas as those laws are applied to contracts entered into and to be performed entirely in Texas, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Harris County, Texas, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.