commercecs.com Open in urlscan Pro
2606:4700:3033::ac43:9a1e  Public Scan

Form analysis
0 forms found in the DOM

Text Content

TERMS AND CONDITIONS



Last updated: June 30, 2021

Please read these terms and conditions carefully before using Our Service.




INTERPRETATION AND DEFINITIONS




INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.


DEFINITIONS

For the purposes of these Terms and Conditions:

 * Account means a unique account created for You to access our Service or parts
   of our Service.
 * Country refers to the United States.
 * Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
   Agreement) refers to the company you make the purchase from.
 * Device means any device that can access the Service such as a computer, a
   cellphone or a digital tablet.
 * Goods refer to the items offered for sale on the Service.
 * Orders mean a request by You to purchase Goods from Us.
 * Service refers to the Website.
 * Subscription refers to a Member Club subscription.
 * Member Club refers to membership access to a website included with your
   Order.
 * Gadget Club refers to a Gadget evaluation club (try before you buy).
 * Terms and Conditions (also referred as “Terms”) mean these Terms and
   Conditions that form the entire agreement between You and the Company
   regarding the use of the Service.
 * Third-party Social Media Service means any services or content (including
   data, information, products or services) provided by a third-party that may
   be displayed, included or made available by the Service.
 * Website refers to the website you make the purchase from.
 * You means the individual accessing or using the Service, or the company, or
   other legal entity on behalf of which such individual is accessing or using
   the Service, as applicable.




ACKNOWLEDGMENT



These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and Conditions
set out the rights and obligations of all users regarding the use of the
Service.

Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply to
all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then You
may not access the Service.

You represent that you are over the age of 18. The Company does not permit those
under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of
and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and tells
You about Your privacy rights and how the law protects You. Please read Our
Privacy Policy carefully before using Our Service.




PLACING ORDERS FOR GOODS AND SUBSCRIPTIONS



By placing an Order for Goods and/or Subscriptions through the Service, You
warrant that You are legally capable of entering into binding contracts.


YOUR INFORMATION

If You wish to place an Order for Goods and/or Subscriptions available on the
Service, You may be asked to supply certain information relevant to Your Order
including, without limitation, Your name, Your email, Your phone number, Your
credit card number, the expiration date of Your credit card, Your billing
address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit
or debit card(s) or other payment method(s) in connection with any Order; and
that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the
information to payment processing third parties for purposes of facilitating the
completion of Your Order.


ORDER CANCELLATION

We reserve the right to refuse or cancel Your Order at any time for certain
reasons including but not limited to:

 * Goods availability
 * Errors in the description or prices for Goods
 * Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized
or illegal transaction is suspected.


YOUR ORDER CANCELLATION RIGHTS

Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns and Refund Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our
Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the
same condition as You received them. You should also include all of the products
instructions, documents and wrappings. Goods that are damaged or not in the same
condition as You received them or which are worn simply beyond opening the
original packaging will not be refunded. You should therefore take reasonable
care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the
returned Goods. We will use the same means of payment as You used for the Order,
and You will not incur any fees for such reimbursement.


GOOD PAYMENTS

All Goods purchased are subject to a one-time payment. Payment can be made
through Visa and MasterCard.

Payment cards (credit cards or debit cards) are subject to validation checks and
authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of Your
Order.




YOUR SUBSCRIPTION CANCELLATION RIGHTS

You are entitled to cancel Your Member Club or Gadget Club subscription at any
time.

The deadline for cancelling a Member Club trial Subscription is within 7 days
from the date on which You placed the Order.

The deadline for cancelling a Member Club montly Subscription is at least 3 days
before the next recurring charge is due.

The deadline for cancelling a Gadget Club evaluation product is within 14 days
after you placed the order.

The deadline for cancelling a Gadget Club Subscription is at least 3 days before
the next recurring charge is due.

In order to exercise Your right of cancellation, You must inform Us of your
decision by means of a clear statement. You can inform us of your decision by:

 * By email: cs@commercecs.com
 * By phone number: 800-986-9240


SUBSCRIPTION PAYMENTS

All Member Club Subscriptions automatically recur to a paid monthly
subscription. The monthly Member Club Subscription amount is displayed on the
Order page.

All Gadget Club evaluations automatically recur to a monthly subscription where
you are sent a new gadget every month.

Payment can be made through Visa and MasterCard.

Payment cards (credit cards or debit cards) are subject to validation checks and
authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of Your
Subscription.


SUBSCRIPTION PAYMENTS




USER ACCOUNTS



When You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of Your account
on Our Service.

You are responsible for safeguarding the password that You use to access the
Service and for any activities or actions under Your password, whether Your
password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use of
Your account.

You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than You without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.




LINKS TO OTHER WEBSITES



Our Service may contain links to third-party web sites or services that are not
owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You
further acknowledge and agree that the Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content,
goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of
any third-party web sites or services that You visit.




TERMINATION



We may terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You breach
these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You
wish to terminate Your Account, You may simply discontinue using the Service.




LIMITATION OF LIABILITY



Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company
or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to the
use of or inability to use the Service, third-party software and/or third-party
hardware used with the Service, or otherwise in connection with any provision of
this Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential
purpose.

Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of the
above limitations may not apply. In these states, each party’s liability will be
limited to the greatest extent permitted by law.




“AS IS” AND “AS AVAILABLE” DISCLAIMER



The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults
and defects without warranty of any kind. To the maximum extent permitted under
applicable law, the Company, its respective service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise, with
respect to the Service, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and warranties
that may arise out of course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, the Company provides no warranty
or undertaking, and makes no representation of any kind that the Service will
meet Your requirements, achieve any intended results, be compatible or work with
any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service will
be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.




GOVERNING LAW



The laws of the Country, excluding its conflicts of law rules, shall govern this
Terms and Your use of the Service. Your use of the Application may also be
subject to other local, state, national, or international laws.




DISPUTES RESOLUTION



If You have any concern or dispute about the Service, You agree to first try to
resolve the dispute informally by contacting the Company.




SEVERABILITY AND WAIVER




SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.


WAIVER

Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not effect a party’s ability
to exercise such right or require such performance at any time thereafter nor
shall be the waiver of a breach constitute a waiver of any subsequent breach.




CHANGES TO THESE TERMS AND CONDITIONS



We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.