ARSENAL TERMS AND CONDITIONS:
Welcome to Arsenal – The Intelligent Camera Assistant. We invite you (the “Customer”) to place a Pre-Order, where an Arsenal product is scheduled to ship at a later date, or an Order, where an Arsenal product is available to be shipped within a few days, (both collectively referred to as the “Order”) for Arsenal, Arsenal 2 Standard, Arsenal 2 Pro, and Arsenal accessories (USB Cables, Micro SD Cards, USB Powerbanks, Phone Mounts, collectively the “Product(s)”). Customer agrees that by clicking the “Place Order” button for the Arsenal unit, or any other product offered by Arsenal, Customer will have agreed to be a party to a binding legal contract, and by so agreeing will be legally bound by these Order Terms and Conditions (the “Terms”).
Customer agrees and acknowledges that the Terms shall apply to Orders submitted through the Arsenal website (https://witharsenal.com/ or the "Site") and as for sale directly by Arsenal on the Amazon website (https://www.amazon.com) only, and not to any purchase or attempted purchase of an Arsenal product that may be offered for sale by any entity other than Arsenal or for any Arsenal product that may be subject to the terms and conditions of a promotion, perk, or other like promise to supply an Arsenal product through a crowd-funding campaign. For Orders submitted through the Site or Amazon, the Site or Amazon will provide the sole method for placing the Order, including, but not limited to, the details and quantities of the Product(s) that Customer has Ordered and the price of the Product(s) (including any applicable fees and/or delivery costs).
Customer agrees to pay for the Product(s), in full, including any applicable fees, taxes and/or delivery costs, at the time the Order is submitted through the Site or Amazon. In some cases, applicable fees, taxes, and/or delivery costs may be incurred at the time of delivery, depending on where Customer resides.
ATTENTION: If Customer is a resident of the United States (including its possessions and territories), by accepting these Terms, Customer is agreeing to the Arbitration Agreement and class action waiver described in Section 11 to resolve any disputes with Arsenal (except for matters that may be taken to small claims court).
All references to “Arsenal” herein means North of You, LLC, a State of Montana Limited Liability Company (ID#: C1036515), PH#: (877) 727-7362
- The Product(s):
Arsenal is offering this Order for its intelligent camera assistant unit, accessories, and, at its discretion, Arsenal may offer other Products for Order. The Terms apply to any and all Orders for Arsenal’s unit, accessories, and any other Product(s) now available or later added to the Site or Amazon for Order. While the possibility of additional products may be mentioned on the Site, Arsenal makes no guarantee that additional products will be produced, and there is no guarantee that additional products will be delivered to Customer at no additional charge.
When Customer Orders a Product on the Site or Amazon, Customer will be required to provide certain personal information to Arsenal, including, but not limited to, the Customer’s name, shipping address, payment method and billing address, and email address (collectively the “Customer Information”). It shall be the sole and exclusive responsibility of Customer to keep the Customer Information current with Arsenal. Customer agrees and acknowledges that Arsenal shall have no responsibility or liability for inaccurate Customer Information or Customer Information that later becomes outdated, that providing inaccurate Customer Information may result in shipping delays and thus impact delivery estimates or guarantees, and that Arsenal shall have no obligation to make efforts to determine the correct Customer Information. Customer can update the Customer Information at any time by contacting Arsenal at email@example.com. Additionally, customer agrees and acknowledges that Arsenal shall have no responsibility or liability for any shipping delays due to local customs processing, attempting to ship Express to a post office box, or Force Majeure, as noted in Section 8, that result in estimated or guaranteed shipping timeframes being missed.
- Purchase Price and Payment Processing:
All prices are in United States Dollars, unless otherwise stated. Payment, in full, for the purchase of the Product(s) at the price stated on the Site, plus any applicable fees, taxes, and/or delivery costs (the “Purchase Price”), shall be due and payable at the time the Order is submitted through the Site. If not charged on the Site, the Purchase Price does not include import customs/duties, taxes, customs/duties handling fees, other government charges, or foreign exchange conversion charges, which are Customer’s sole and exclusive responsibility. By clicking the “Submit Order” button on the Site, Customer authorizes Arsenal, or its selected third-party payment gateway provider, to charge or debit the full Purchase Price to the payment method provided in the Customer Information.
- Cancellation, Refund, and Warranty Policies:
For any Order of Arsenal, Arsenal 2 Pro, or Arsenal 2 Standard (the “Core Product”) placed through the Site, Customer can at their discretion return the Core Product, so long as: 1) Customer informs Arsenal via firstname.lastname@example.org within 90 days of Core Product’s arrival (based on the tracking information provided by the courier) that they intend to return Core Product, 2) The Core Product is shipped back to Arsenal within 14 days of the notice of intent to return, 3) Customer acquires an RMA (Return Merchandise Authorization) number by emailing Arsenal (email@example.com) and includes the RMA number, and their name, on the return packaging label and inside the parcel, 4) Customer sends their return to the address provided when they receive their RMA number, 5) Only the complete Core Order, including all Arsenals and cables in the Order, are returned, 6) Product(s) is returned in its original packaging, and 7) Product(s) and all cables are returned in brand-new condition. If desired, a Return Form can be used, but it is not required. Orders without an RMA number or shipped to an incorrect address will not be provided a refund. Orders for only USB cables, Micro SD cards, USB Powerbanks, and phone mounts cannot be returned, unless ordered with a Core Product and the entire order is returned.
For the original Arsenal, Arsenal also offers a 6-month, express and limited repair/replace warranty from the time the Core Product is delivered to Customer, based on the tracking information provided by the courier. For Arsenal 2 Pro and Arsenal
2 Standard, this warranty extends to 12 months from the time of delivery but is otherwise the same. Customer agrees and acknowledges the warranty is to cover any hardware defect that occurs through normal use, and that the warranty does not apply to
any software components. Customer also agrees and acknowledges the warranty shall apply to the Product itself, and not any additional cables, power adapters, or accessories. Customer also agrees and acknowledges that the warranty will not apply to:
1) loss or damage of the Core Product due to theft, accidents, mishandling, abuse, water damage, fire damage, smoke damage, or 2) operating Core Product outside of its certified weather conditions.
Shipping costs paid at the time of purchase are non-refundable, except in the case of delivery errors by Arsenal or the shipping couriers we use, or in accordance with European Union 14-day cooling-off regulations. For all returns shipping charges must be prepaid by the Customer. Returns or warranty claims may not be dropped off at our office.
Arsenal is not liable for any units damaged or lost during return shipping. Arsenals should be packaged in its original gift box within an outer cardboard box to ensure safety. We recommend using a reputable courier and service that provides a tracking number and insurance. For non-U.S. customers, please mark the package ‘PRODUCT RETURN’ to avoid any delays due to customs.
For returns, after receipt of the Product(s) back from Customer, Customer hereby agrees and acknowledges that Arsenal will have 10 business days to inspect the returned Product(s) for tampering and/or damages, and Customer agrees and acknowledges that Customer shall be solely liable for any diminished value of the Product(s) resulting from the handling of the Product(s) by Customer, other than what is necessary to establish the nature, characteristics, and functioning of the Product(s). Customer hereby agrees that refunds can only be issued to the original credit/debit card used by Customer to initiate the Order, and that if the credit/debit card is unavailable, Arsenal will remit the refund via Paypal.
For warranties, after receipt of the Product(s) back from Customer, Customer hereby agrees and acknowledges that Arsenal will have 20 business days to determine the root cause of the problem and repair or replace the Product. The repaired or replaced Product will be sent back to Customer at Arsenal’s expense. Customer agrees and acknowledges that the warranty period remains valid from the original delivery date, not the delivery date of the repaired or replaced Product.
- Intellectual property:
Customer acknowledges and agrees that the Product(s) may be delivered subject to the terms of an End User License Agreement ("EULA"). Any such EULA, if applicable to the Product(s) purchased by Customer, will be available on the Site, and may be amended from time to time, in the sole discretion of Arsenal, so as to apply to the Product(s) being offered for sale by Arsenal. Among other things, the EULA may grant Customer a limited license to use such Arsenal software as may come pre-loaded on the Product(s), as well as any computer and/or operating software included with the Product(s) (collectively, "Software"); provided, however, that such limited license may restrict Customer’s ability to copy, modify, and/or alter the Software, and prohibit the disassembly, decompilation, and/or reverse engineering of the Software. By clicking the “Submit Order” button on the Site, Customer affirmatively agrees to any such EULA applicable to the Product(s) purchased by Customer. It is the sole and absolute responsibility of Customer to read the applicable EULA prior to submitting a Order and/or upon receipt of the Product(s), and, if Customer does not agree with all of the terms of the EULA, Customer should refrain from downloading and/or installing any Software or using any Product(s) on which the Software is pre-loaded.
YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE FOLLOWING TWO CLAUSES
- Limited warranty:
TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, AND EXCEPT FOR ANY PRODUCT WARRANTY SEPARATELY PROVIDED BY ARSENAL TO YOU IN CONNECTION WITH YOUR PURCHASE OF A PRODUCT, ARSENAL MAKES NO REPRESENTATION OR WARRANTY AS TO THE PRODUCT(S), EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND ARSENAL SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NON-INFRINGEMENT. THE ABOVE LIMITATIONS DO NOT APPLY TO GERMAN CUSTOMERS AND DO NOT APPLY IN RESPECT OF ANY WARRANTIES IN ANY JURISDICTION THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS.
- Limitation on liability:
Customer expressly acknowledges and agrees that, to the extent not prohibited by applicable law and subject to the paragraphs below in this Section 7, in no event will Arsenal be liable for any incidental, special, indirect, or consequential damages whatsoever, arising out of or related to your use or misuse of the Product(s), however caused, regardless of the theory of liability and even if Arsenal has been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions the above limitations and exclusions may not apply to Customer. In such jurisdictions, Arsenal’s liability is limited to the extent permitted by law, thereby minimizing Arsenal's liability to you to the lowest amount permitted by applicable law.
Nothing in this agreement shall limit or exclude any party’s liability for personal injury or death caused by that party’s negligence or for fraud or fraudulent misrepresentation.
In no event will Arsenal’s total liability to Customer for all damages exceed the amount paid by Customer for the Product(s). The foregoing limitations will apply even if these remedies fail of their essential purpose.
With regard to customers IN GERMANY, THE FOLLOWING SHALL APPLY in place of this clause 7: Nothing in this agreement shall limit or exclude OUR liability for DAMAGES CAUSED BY intentional misconduct, GROSS NEGLIGENCE OR CULPABLE BREACH OF AN ESSENTIAL CONTRACT DUTY. An essential contractual duty is an obligation whose fulfillment is a prerequisite for enabling the proper performance of the contract and on whose fulfillment YOU may reasonably expect to be able to rely on. OUR LIABILITY FOR DAMAGES CAUSED BY THE NEGLIGENT BREACH OF AN ESSENTIAL contractual duty shall be limited (except in case of gross negligence) to the foreseeable damage that can typically be expected to occur, taking into account the type of agreement. Nothing in this agreement shall limit or exclude OUR liability for any form of injury to life, body or health caused by intentional misconduct or negligence.
THE ABOVE LIMITATIONS DO NOT APPLY TO ANY LIABILITY IN ANY JURISDICTION THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS IN THAT JURISDICTION.
- Force majeure:
Subject to any of the Terms to the contrary, neither Arsenal nor Customer will be liable for delays in manufacture, shipment, delivery, or other non-performance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the party has no reasonable control. Any party affected by such event must inform the other party and use all reasonable endeavors to comply with these Terms.
Arsenal expressly reserves the right to transfer its rights and obligations under these Terms, in part or as a whole, to another legal entity as part of any sale or merger of all or part of Arsenal with a separate legal entity. If Arsenal so transfers its rights and obligations under these Terms as a whole to a different contract party, any German customers shall have the right to terminate this agreement within 4 weeks of being notified of such transfer.
- Agreement to Arbitrate:
This section includes an agreement to arbitrate most claims and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
Arsenal and Customer agree that any dispute or claim relating in any way to the Order, acquisition, or use of any of the Product(s) will be resolved by binding arbitration, rather than in court, except that (a) Customer or Arsenal may assert claims in small claims court if such claims qualify, (b) Arsenal may seek injunctive relief from any court with jurisdiction to preliminarily enjoin Customer’s use of the Product(s) in any manner that Arsenal alleges in good faith violates these Terms, and (c) Arsenal or Customer may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Arsenal and Customer acknowledge that Arbitration is more informal than a lawsuit in court, and there is no judge or jury in arbitration; rather, the dispute is resolved by a neutral arbitrator, and court review of an arbitration award is limited. Except to the extent Arsenal and Customer agree otherwise, arbitrators can award the same damages and relief that a court can award. Arsenal and Customer acknowledge and agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that each party hereto is waiving the right to a trial by jury or to participate in a class action law suit. Further, Arsenal and Customer agree that this arbitration provision will survive any termination of these Terms.
To begin an arbitration proceeding, Customer must send a letter requesting arbitration and describing Customer’s claim to North of You, LLC, ATTN: Legal Department, 90 West Madison Ave, Suite E-237, Belgrade, MT 59714 (Note: Do not send returns or warranty replacements to this address), with an electronic copy (which will not constitute notice) to firstname.lastname@example.org. If Arsenal seeks to arbitrate a dispute it has with Customer, Arsenal will send a letter or email making the request and describing its claim using one of the contact methods Customer provided at Registration, or, if none is provided, at a location or address disclosed in public or third party records. If Customer is an individual, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. If Customer is not an individual or has used the Products on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If Customer is an individual and has not accessed the Products on behalf of an entity, Arsenal will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and Arsenal will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Customer may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where Customer lives or at another mutually agreed location.
Arsenal and Customer agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless the parties hereto agree otherwise, the arbitrator may not consolidate more than one person’s claims with Customer’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration agreement will be null and void.
Arsenal and Customer agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration each party hereto waives any right to a jury trial.
- Law and Forum:
For any and all claims, other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these Terms will be vested exclusively in, and venue will be in, the United States District Court for the District of Montana or the state court of proper jurisdiction sitting in Gallatin County, Montana, except that, following confirmation of an arbitration award in the United States District Court for the District of Montana or the state court of proper jurisdiction sitting in Gallatin County, Montana, a judgment arising from the same may be executed in any court of competent jurisdiction.
The Terms will be governed by and construed in accordance with the laws of the State of Montana, excluding its conflict of laws provisions; provided, however, the mandatory choice of law provisions of the country where Customer’s domicile is located will prevail.
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be excluded from the Terms and will not affect the validity and enforceability of any remaining provisions.
The Terms (including the Arbitration provision of Section 11) are the complete and exclusive statement of the agreement governing Customer’s Order of the Product(s). The Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between Customer and Arsenal. Any modifications to the Terms will be uploaded to the Site and sent to Customer by email if Customer has already submitted a Order and the amendments impact Customer’s Order.
If you have questions about the Terms, you may contact Arsenal by email at email@example.com.