THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS SOLD BY STAR-BATT LLC OR USING STAR-BATT LLC PRODUCTS, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. THESE PRODUCT TERMS AND CONDITIONS APPLY TO ALL STAR-BATT LLC PRODUCTS, REGARDLESS OF WHETHER SUCH PRODUCTS ARE PURCHASED DIRECTLY FROM STAR-BATT LLC OR FROM A THIRD PARTY.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM STAR-BATT LLC IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH STAR-BATT LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING STAR-BATT.COM OR ANY OF STAR-BATT.COM’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
1. PRODUCT TERMS AND CONDITIONS.
1.1 These product terms and conditions (these “Terms”) apply to Star-Batt LLC (referred to as “Star-Batt”, “us”, “we”, or “our” as the context may require) products available for purchase through star-batt.com (the “Site”) or other third-party platforms. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any product that is available through the Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. RETURNS AND REFUNDS.
2.1 The products may have limited quantities and are subject to return or exchange only according to our Warranty and Refund Policy, available at star-batt.com/warranty (the “Warranty and Refund Policy”).
3. LIMITED WARRANTY; LIMITATION OF LIABILITY.
3.1 ALL STAR-BATT PRODUCTS COME WITH A LIMITED WARRANTY DESCRIBED IN THE WARRANTY AND REFUND POLICY. BY USING STAR-BATT PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS OF THE STAR-BATT LIMITED WARRANTY. THE LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE PRODUCTS.
3.2 EXCEPT FOR THE WARRANTY SET FORTH IN THE WARRANTY AND REFUND POLICY, STAR-BATT MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
3.3 IN NO EVENT SHALL STAR-BATT’S TOTAL LIABILITY TO YOU, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEED THE PRICE OF THE PARTICULAR PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL STAR-BATT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES.
4. DISCLAIMER; INDEMNITY.
4.1 STAR-BATT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT. BEFORE OPERATING YOUR STAR-BATT DEVICE, PLEASE READ THE INSTRUCTIONS PROVIDED WITH EACH PRODUCT. THE INSTRUCTIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR STAR-BATT PRODUCT. DO NOT USE YOUR PRODUCTS UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY AND THE INSTRUCTIONS FOR USE.
4.2 You agree to use all Star-Batt products in compliance with all federal, state, and local laws, regulations, and rules. You agree to only use Star-Batt products in accordance with any instructions or warnings accompanying the products. Star-Batt assumes no responsibility for products that are misused, abused, tampered with, or otherwise used in an unsafe or unlawful manner.
4.3 You agree to indemnify, hold harmless, and defend Star-Batt, its officers, employees, agents, successors, and assigns, from and against any and all third-party claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, caused by your use of the products.
5. PRODUCTS NOT FOR RESALE OR EXPORT.
5.1 You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying Star-Batt products for your own use only, and not for resale or export. Products available on for purchase from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
6. PRIVACY.
6.1 Our Privacy Policy, available at star-batt.com/privacy-policy (the “Privacy Policy”), governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
7. FORCE MAJEURE.
7.1 Star-Batt shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts beyond Star-Batt’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials. Star-Batt will give you notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. Star-Batt will resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that Star-Batt’s failure or delay remains uncured for a period of sixty (60) days following written notice given by it under this Section 7, Star-Batt may thereafter terminate these Terms upon ten (10) days’ written notice.
8. GOVERNING LAW AND JURISDICTION.
8.1 All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Idaho.
9. DISPUTE RESOLUTION AND BINDING ARBITRATION.
9.1 YOU AND STAR-BATT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
9.2 ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND STAR-BATT, OR OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF STAR-BATT PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
9.3 The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 9. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
9.4 The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
9.5 You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR STAR-BATT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
9.6 If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
10. ASSIGNMENT.
10.1 You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11. NO WAIVERS.
11.1 The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Star-Batt.
12. NO THIRD-PARTY BENEFICIARIES.
12.1 These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
13. NOTICES.
13.1 To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
13.2 To Star-Batt: To give Star-Batt notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Star-Batt LLC, 158 Meadowland Dr, Blanchard, ID 83804, with an electronic copy via email to support@star-batt.com. Notice via email alone will not satisfy the requirements of this Section 13. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
14. SEVERABILITY.
14.1 If any provision of these Terms is invalid, illegal, void or unenforceable, including, but not limited to the warranty disclaimers, liability disclaimers, or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
15. ENTIRE AGREEMENT.
15.1 Our order confirmation (if applicable), these Terms, the Warranty and Refund Policy, and the Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
16. CHANGES.
16.1 Star-Batt reserves the right to change the Terms, the Warranty and Refund Policy, and the Privacy Policy at any time without notice.