Site Terms of Use

The Website is an Internet property of PX Surv Kit (“pxsurvkit.com”, “we” or “us”). You agree to the following Website Terms of Use in their entirety, when you: (1) access or use the Website; and/or (2) purchase products or services offered on our Website (“Online Products”). The Privacy Policy (“Privacy Policy”), the Anti-Spam Policy (“Anti Spam Policy”) and any and all other applicable PX Surv Kit operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”), and by agreeing to these Website Terms of Use you are expressly agreeing to the Privacy Policy, the Anti Spam Policy, and all other terms of the Agreement. Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website in any manner or form whatsoever.

1. Definitions

The “PX Surv Kit Sites” shall mean all areas and services offered or available on the interactive online service operated by PX Surv Kit and/or its affiliates on the World Wide Web. The PX Surv Kit sites consist of information, services and content provided by PX Surv Kit and/or its affiliates and/or third parties.

2. General

PX Surv Kit shall have the right at any time to change or discontinue any aspect or feature of the PX Surv Kit including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof. Amendments to the terms and conditions contained herein may be given by means including but not limited to, posting on the PX Surv Kit Sites a revised version of this Agreement or notification by electronic mail. Any use of the PX Surv Kit Sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions or deletions. The user agrees to review the terms and conditions of this Agreement periodically to be aware of such revisions.

3. Use of Site.

A. The PX Surv Kit Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the PX Surv Kit Sites are copyrighted as a collective work under the United States copyright laws. PX Surv Kit is the owner of the copyright in the entire PX Surv Kit Sites. PX Surv Kit owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the PX Surv Kit Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the PX Surv Kit Sites without the express permission of PX Surv Kit and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the PX Surv Kit Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.

B. You hereby grant to PX Surv Kit and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e-mail, video, graphic, data, or information sent by you to PX Surv Kit (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

C. You shall provide PX Surv Kit with accurate, complete and updated information provided by you at the time of your purchase.

D. The PX Surv Kit Sites contain links to other Websites, resources and advertisers. PX Surv Kit is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall PX Surv Kit be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or web master.

E. You agree not to take any action to interfere with the function or accessibility of the PX Surv Kit Site or to take any action to restrict the access of others thereto.

F. The foregoing provisions of this Section 3 are for the benefit of PX Surv Kit, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.

G. PX Surv Kit has carefully designed the PX Surv Kit Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the PX Surv Kit Site in any way that interferes with that purpose. In particular, PX Surv Kit prohibits any party from displaying the content on the PX Surv Kit Sites in any format where third party advertising or other materials that PX Surv Kit did not authorize in writing is viewed or viewable together with PX Surv Kit’ proprietary content.

4. Disclaimer of Warranty; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT USE OF THE PX Surv Kit SITE IS AT YOUR SOLE RISK. NEITHER PX Surv Kit, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PX Surv Kit WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PX Surv Kit SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES.

B. THE PX Surv Kit SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PX Surv Kit IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

D. IN NO EVENT WILL PX Surv Kit OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PX Surv Kit SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PX Surv Kit OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE PX Surv Kit SITE. PX Surv Kit’s LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO PX Surv Kit.

E. PX Surv Kit NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE PX Surv Kit SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL PX Surv Kit BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE PX Surv Kit SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PX Surv Kit SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

F. PX Surv Kit DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE PX Surv Kit SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH PX Surv Kit PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. PX Surv Kit MAKES PRODUCTS OR SERVICES AVAILABLE ON THE PX Surv Kit SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

5. Indemnification

You agree to defend, indemnify and hold harmless PX Surv Kit, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the PX Surv Kit Sites, including claims by other users of your equipment or access.

6. Termination

PX Surv Kit shall have the right to immediately terminate this Agreement with respect to any user which PX Surv Kit, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, and 8 shall survive termination of this Agreement.

7. Trademarks

All trademarks appearing on the PX Surv Kit Sites are the property of their respective owners, including, in some instances, PX Surv Kit, and/or affiliated companies.

8. Refund Policy

We will credit any returned opened or unopened product per customer if the received package is post marked within 30 days of the delivery date and included with a RMA number obtained from customer service. Refunds will be issued to customer credit card within 3 business days. Returns to your card depend on your bank, but generally take 3-5 business days. No returns are credited after 30 days of the delivery date. Any merchandise must be returned at the customer's expense and must have an RMA number marked on it. No returns are credited if they are not accompanied by an RMA number. You may request an RMA and instructions on how to submit a return by emailing [email protected] or calling 800-510-8186