PLEASE READ THESE TERMS CAREFULLY! THEY INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS. By submitting your order or accepting or using products, you acknowledge that you agree to these terms in their entirety.
Application
These Consumer Terms of Sale (“Terms”) apply to all consumer purchases from Semifly Inc. or of Semifly products, software, services or support (“Product”) in the United States.
Additional Terms
The Terms consist of this document and Semifly’s:
- a. U.S. Return Policy
- b. Consumer Warranties
- c. License Agreements
- d. Service Agreements
- e. Data Collection Policy
- f. Privacy Statement
- g. Website Terms of Use
Orders, Acceptance and Cancellation
Your order is an offer to buy. Semifly may send an order confirmation email to acknowledge receipt of your order, but Semifly does not accept your order until we send you notice that the Product has shipped. Semifly may process payment for and ship parts of an order separately. Semifly reserves the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
Pricing and Availability
Prices and promotions are subject to change. Semifly strives to communicate accurate pricing and product information, but errors may occur. If an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.
Taxes and Fees
Unless you provide Semifly with a valid and correct tax exemption certificate, you are responsible for sales and other taxes associated with your order.
Shipping
Product title passes to you when the Product ships. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt the carrier asks you to sign. Semifly is not responsible for any visible shipping damages not noted on the delivery receipt.
Warranty Disclaimer
SEMIFLY INCORPORATES ITS CONSUMER WARRANTIES REFERENCED ABOVE WHICH APPLY TO PURCHASES OF SEMIFLY-BRANDED HARDWARE. SEMIFLY MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-SEMIFLY BRANDED PRODUCT, WHICH ARE PROVIDED “AS IS,” AND DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS. SOME STATES DO NOT ALLOW LIMITATION OF WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Receiving Warranty or Service Support
IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT). SEMIFLY AND/OR YOUR THIRD-PARTY SERVICE PROVIDER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY SEMIFLY OR YOUR THIRD-PARTY SERVICE PROVIDER. Parts used in repairing or servicing Product(s) may be new, equivalent-to-new, or reconditioned.
Communications
Communications with us, our agents or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your contact information, to such monitoring or recording. By providing us with contact information (including phone number or email), you expressly authorize us to contact you via those methods, including via automated systems. This consent is for non-marketing communications only.
Limitation of Liability
In no event will Semifly be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Semifly has been advised of the possibility of such damages. YOU AGREE THAT SEMIFLY’S LIABILITY IN ANY DISPUTE WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE. Some states do not allow limitation of certain damages, so these limitations may not apply to you. If you are a New Jersey resident, this provision will not apply to claims for damages caused by Semifly’s intentional, reckless or grossly negligent conduct.
Purchases May Not Be Resold or Exported
Your purchase is for your own use, not for resale, export, re-export, or transfer. Your purchase is subject to and you are responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Laws”). Your purchase, including any associated intellectual property rights or trade secrets that may accompany it, may not be used, licensed, sold, supplied, leased, exported, re-exported, or otherwise transferred, whether directly or indirectly, to restricted countries or restricted end users according to the Export Laws. Semifly reserves all rights and remedies to enforce these restrictions, including injunctive relief, damages, and cancellation/termination of your purchase.
Governing Law
THESE TERMS AND ANY DISPUTE BETWEEN YOU AND SEMIFLY WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW.
Dispute Resolution and Binding Arbitration
YOU AND SEMIFLY AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND SEMIFLY WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- a. This arbitration requirement applies to any claim or dispute of any kind between you and Semifly, including statutory, common law, or equitable claims.
- b. You retain the right to bring individual claims in small claims court.
- c. Semifly will pay the arbitration/arbitrator fees.
- d. Arbitration shall be administered by either AAA or JAMS, subject to their rules.
Last Updated: October 26, 2024