FILEITBOX.COM™ TERMS AND CONDITIONS OF SALE
By placing an order with FileItBox.com, you agree to be legally bound to the fullest extent permitted by law to all of these Terms and Conditions. Any provision in your purchase order, billing statement, acknowledgment form, written or oral order or offer, or any other document or communication incidental to any order or to this agreement, which is inconsistent with, conflicts with, or delete or add to these Terms and Conditions, shall be of no force or effect, and these Terms and Conditions shall apply and control in all cases.
FileItBox.com may alter, amend or supplement these Terms and Conditions. Any such changes to these Terms and Agreement will be effective when they are posted to our website and will apply to all orders accepted by us after the date and time of posting.
The Terms of Use of the FileItBox.com Website are incorporated in these Terms and Conditions.
We may refer to the various terms and conditions below at various locations on our website. While we have attempted to avoid it, in the event of any conflict between any of the terms and conditions below and any statements on our website, the terms and conditions below shall apply. Nothing in our website is intended to, nor shall it, alter, modify, expand, restrict, or conflict with these Terms and Conditions.
PRICES - All prices are listed in U.S. Dollars and are subject to change without notice at any time prior to acceptance by FileItBox.com of your order and receipt of full payment. All payments must be in U.S. funds.
Taxes - For all orders delivered in Alabama , we will charge and collect the applicable Alabama Sales and Use taxes. For all other customers, taxes are your sole and exclusive responsibility.
ORDERS - Your order is effective only after it is accepted by us and full payment has been received. Contact us as soon as possible if you need to cancel an order. In general, you may cancel an order up to the time it ships. Although we will do our best to minimize your costs, we will have to charge you any expenses we incur in processing your order up to that point (examples include: a 3% charge for voiding a credit card transaction, shop time, custom paint mixing, etc.). After shipment, our Returns Policy takes effect.
SHIPMENTS - All shipments are F.O.B. FileItBox.com warehouse. Prepayment of freight by FileItBox.com will not convert this agreement to F.O.B. destination. We will select the carrier for delivery of your order. We satisfy our shipment obligation by putting your order in possession of the selected carrier. We shall not be liable for any damages or expenses resulting from any delay in delivery.
You agree to note all claims of shortages or apparent damage on the shipping receipt at the time of delivery. If you DO NOT see damage to the shipment then write EXACTLY the following words directly on the delivery receipt: “One shipment received – contents not inspected”. Then sign where appropriate, and retain a copy for yourself. If you DO see damage to the crate but do not know if the product was also damaged, then write EXACTLY the following words on the delivery receipt: “One shipment received damaged – contents not inspected”. Then sign where appropriate, and retain a copy for yourself. Taking pictures of any shipment damage you see BEFORE signing is a great idea, and so is writing additional details of package damage on the delivery receipt. However, neither is necessary.
You have two business days (M –F) to inspect it for hidden damage. REMEMBER: Your signature on a written document has real legal power! Signing a delivery receipt means that you are acknowledging receipt of an item in good condition, unless you noted otherwise on the delivery receipt (you can read your delivery receipt yourself to verify this). It also means that the freight carrier will use the document you signed to reject any damage claims that FileItBox.com makes on your behalf.
If any item (other than the box) has been damaged, you must REFUSE DELIVERY and contact us right away. Obtain a receipt or other documentation of your refusal of the delivery from the carrier. We are not liable for any damages or expenses, including but not limited to consequential damages or lost profits, resulting from any goods lost or damaged after we deliver them to the carrier; all such claims shall be made by you directly to the carrier and the existence of any such claims shall not affect the rights of FileItBox.com or your obligations with respect to payment for the goods. If you contact us right away, we will do what we can to help you and get the matter resolved as quickly as possible.
Missing or Improper Items - You must inform us within 72 hours of delivery of any claim that there are any missing items or that any item was not what you ordered or otherwise did not conform to the terms and conditions of the order. If such notice is not given within 72 hours of delivery, the goods shall be deemed to conform with the terms and conditions of the order and you shall be bound to accept and pay therefore.
FILEITBOX.COM EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES TO YOU WITH RESPECT TO ANY PRODUCT SOLD UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to you.
IN NO EVENT SHALL FILEITBOX.COM BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, CARTAGE, LABOR, TRAVEL TIME, LOST PROFITS, OR CONTINGENT LIABILITIES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No employee, officer, or agent of FileItBox.com or any other person, is authorized to give any warranties or assurances on FileItBox.com's behalf, nor to assume for FileItBox.com any other liability in connection with any products, unless in a writing, executed by an officer of FileItBox.com.
RETURN POLICY
SATISFACTION GUARANTEED.
If you are not completely satisfied with a product you purchased from FileItBox.com, return it for a refund of the purchase price. Returns must be processed within 1 year from the date of purchase. Just call us at 251-867-6938 and ask for the Customer Service department. We will issue you an RGA (Return Goods Authorization) number. This number simplifies and speeds up the processing of your return.
Under this policy, no returns shall be made unless advance, written authorization is granted by FILEITBOX.COM and you receive a RGA. All returns shall be shipped freight prepaid at sender's risk. Any returns made without an RGA issued and clearly marked on the package will be refused.
To qualify under this return policy, the item must be unused and uninstalled. We will not accept returns on improperly handled or abused items. Refunds on non-defective ordered products will not include shipping. Items that include shipping in the price will detail the shipping cost on their individual item page. We will deduct the shipping cost from the refund amount.
No returns on custom work and special orders. Custom orders are just that - unique items or custom work done for a specific customer. At best, these items are very difficult to resell. Custom orders include shop work, custom-painted objects, and items we do not regularly list for sale on our web site.
We are not responsible for lost, misdirected, improperly packaged, or damaged return items. It is your responsibility to get the returned item to us, at your expense, and packaged in such a manner to prevent damage during transit. No refunds will be made on any returned items which were damaged during shipping to us.
Return Items must be addressed to:
FileItBox.com
Brewton Enterprises, Inc.
766 Industrial Park Drive
Brewton , AL 36426
RGA # _____________
Refunds of credit card purchases will only be made by credit to the account to which the item was originally charged.
TERMS - Unless otherwise acknowledged in writing by FILEITBOX.COM, payment on all orders shall be due on ordering. In the event of a reversal of charges or on any overdue accounts, you agree to pay a monthly service charge of 1.25% which shall be assessed on all overdue amounts, including previously-assessed service charges. You agree to be responsible for all costs of collection, including the reasonable attorney fees or collection agency fees paid by FILEITBOX.COM.
EXCLUSIVE REMEDY - In the event of any breach by FILEITBOX.COM of any of these Terms and Conditions, your exclusive remedy shall be to reject and return the goods and receive a credit from FILEITBOX.COM for all amounts paid thereon. In no event shall FILEITBOX.COM be liable for any other damages, including but not limited to cartage, labor, water damage, property damage of any kind, inconvenience, travel time, consequential damages, lost profits, or contingent liabilities.
WEBSITE TERMS AND CONDITIONS OF USE
Stuff our lawyers make us say and want you to know . . . .
IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LOG OFF THIS WEBSITE
Use of our website is subject to the following terms and conditions and your use of the website constitutes acceptance of these terms.
This Internet website is provided by FILEITBOX.COM, Inc., a Alabama business corporation doing business as FileItBox.com. All references in this website to FileItBox.com, or personal pronouns (such as "us", "we", "our", etc.), refer to FILEITBOX.COM, Inc. and all individuals identified on this website are employees of the Company.
FileItBox.com reserves the right to make changes to this website at any time without notice.
FileItBox.com maintains this website for your personal entertainment, information, education, and communication. Please feel free to browse the website. However, without FileItBox.com's prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this website, except that you may download one copy of the material in temporary storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, we do not grant you, and nothing we say here or anywhere in the website shall be construed as conferring, any license or right under any copyright or other intellectual property right. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this website, please notify FileItBox.com immediately at the following address: Brewton Enterprises, Inc., d/b/a FileItBox.com, 766 Industrial Park Drive, Brewton, AL 36426, Attention: Webmaster. You may also email us at: customerservice@fileitbox.com.
We make every effort to display the colors of our products included on a Site as accurately as possible. Because the colors that you see depend on your monitor, we do not guarantee that your monitor's display of any color is accurate. The selection of items online often varies and supplies of items featured online are not guaranteed nor subject to rain checks. Price and availability information are subject to change without notice.
Although we hope not, and do what we can to prevent it, we are human, so please keep in mind that the material in this website could include descriptive or technical inaccuracies or other errors. Your use and browsing of the website is at your risk. FileItBox.com does not assume responsibility for continuously updating any page of this Web site. Unless there is a specific statement on a page of the Web site that the page has been updated on a certain date, you should not assume that the page has been updated or that the content of the page remains current. Neither FileItBox.com nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website. FileItBox.com does not warrant that the functional aspects of the website will be uninterrupted or error free or that this website or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If you become dissatisfied in any way with this Website or its Terms of Use, your sole and exclusive remedy is to stop using this Website and its services. (Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so some of the above exclusions may not apply to you.
You should assume that everything you see or read on the website is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the website, without the written permission of FileItBox.com or the copyright owner. FileItBox.com neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with FileItBox.com. Images, photographs, or illustrations displayed on the website are either the property of, or used with permission by, FileItBox.com. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of FileItBox.com, its affiliates and others. Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of FileItBox.com or such third party that may own the Trademark displayed on the website. Your misuse of the Trademarks displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.
FileItBox.com has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this website. The inclusion of any link to such sites does not imply endorsement by FileItBox.com of the sites. Your use of these links to visit any other off-site pages or other sites is at your own risk.
In all cases, these terms will be governed by and construed in accordance with the laws of the State of Alabama , United States of America without regard to its conflicts of law provisions. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any claim or cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
RULES GOVERNING AUTOMATIC or REMOTELY CONTROLLED SCANNING of OUR SITE
This Website is for the use of consumers or potential consumers and may not be accessed by automatic or remotely controlled systems. You are specifically prohibited from any use of this website, and you agree not to use or permit others to use this website, for any of the following:
(a) to take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, or delays the delivery of service to other s by or through the website's infrastructure or resources;
(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this website;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this website, or our systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. The prohibited activity includes, but is not limited to, "denial of service" attacks, "flooding" of networks, deliberate attempts to, or activity which does, overload or burden excessively our resources, any monitoring, testing, repeated access of the Website, or other any other activity which results in an overloading of our resources or results in substantial delay or denial of service or resources to consumer users of our website, attempts to "crash" a host, and/or modifying or rerouting any Content or services provided at this website;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this website;
(g) upload, post, e-mail or otherwise transmit any Information, Content, or proprietary rights that you do not have a right to transmit under the Terms, any law or other contractual or fiduciary relationships; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor, test, evaluate, or copy any part of this website, without our prior written permission, provided that generally available third party Web browsers, such as Netscape Navigator, and Microsoft Internet Explorer, may be used without such permission, provided that they have not been modified or programmed to access our website in a manner prohibited by the other sections of these Terms and Conditions.
YOU AGREE TO INDEMNIFY US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS ON DEMAND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES SUFFERED OR REASONABLY INCURRED BY US, INCLUDING TREASONABLE COUNSEL FEES AND EXPENSES, AS A RESULT OF, OR IN CONNECTION WITH, YOUR ACCESS TO AND USE OF THE SITE OTHER THAN IN ACCORDANCE WITH THESE TERMS OR ANY APPLICABLE LAW OR REGULATION.
