Terms of Use
Updated on September 20, 2022
These Terms of Use are entered into by and between you and JS Products and its affiliates and subsidiaries (collectively, "JSP", "we, or "us") ("Terms"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms") govern your use across all of our website ("our Site"). This Site is owned and operated by JSP.
Please read the Terms carefully before you use our Site. BY USING OUR SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.
Our Site are offered and available to users who are 16 years of age or older. By using our Site, you represent and warrant that you are of legal age to form a binding contract with JSP and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Site.
Privacy Policy
We respect your privacy and have outlined how we collect and use personal information in our Privacy Policy, which is incorporated into these Terms by reference.
Accessing Our Site
We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users, including registered users.
It is a condition of your use of our Site that all the information you provide on our Site is correct, current, and complete. You agree that all information you provide to register with our Site or otherwise, including, but not limited to, through the use of any interactive features on our Site, is governed by our Privacy Policy (located above), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Site or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
You may use our Site only for lawful purposes and in accordance with these Terms. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of our Terms.
Orders & Payments
All prices are listed in U.S. Dollars and subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Posted prices do not include taxes or charges for shipping and handling. In the event of a pricing error, we reserve the right to refuse or cancel an order placed. Payment is required at time of purchase. We accept all major U.S. credit cards including Visa, MasterCard, American Express, and Discover as well as options like Amazon Pay and PayPal. Once you place your order, your credit card is charged for the amount of your order including tax and shipping charges. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment methods for the purchase, (iii) charges incurred by you will be honored by the company assisting you with such payment, such as your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
The Site should only list items that are in-stock. However, inventory discrepancies can arise. We reserve the right to correct any errors, inaccuracies, or omissions on our Site at any time without prior notice. If we are unable to ship your item, we will cancel the order and notify you within 3 business days of the date you placed your order.
We reserve the right to limit order quantities or cancel orders without reason or notice. If we modify or cancel your order, we will contact you using the email and/or phone number provided with your order. Items purchased on our Site are not intended for resale. Orders placed by unauthorized vendors and resellers will be cancelled. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Additional terms and conditions may also apply to specific portions, services, or features of our Site. All such additional terms and conditions are hereby incorporated into these Terms by this reference.
Returns & Exchanges
We accept returns for new, unused products in original packaging within 60 days of your order date, but WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON OUR Site AS NON-RETURNABLE. In most cases, we'll refund 100% of your order, but we do reserve the right to withhold up to 25% in restocking fees for irregular returns. Items with a manufacturing defect will be replaced free of charge. If you order the wrong size item(s), we provide free size exchanges. You must contact us to exchange your item within 60 days of the order date. To initiate a return or exchange, please contact us or email support@estwinggear.com. Your refund will be issued within 7 days of JSP receiving the returned items and will not include original shipping costs. Any additional shipping costs paid by the customer for expedited shipping will not be refunded.
Unless otherwise stated, you are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on our Site.
Accuracy of Content
JSP does its best to ensure all content, product descriptions, images, prices, and other information on our Site are accurate. However, we do not warrant or guarantee that any information on our Site is accurate, complete, or error free. If you find an inaccuracy, please contact us using the contact methods in the "Contact Us" section at the bottom of the page so we can correct it.
The information presented on or through our Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Site, or by anyone who may be informed of any of its contents.
Our Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by JSP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of JSP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Intellectual Property
Our Site and their entire contents (including, but not limited to, product descriptions, trademarks, logos, text, photos, icons, drawings, graphics, and website code and design), features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by JSP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use our Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.
JSP and its subsidiaries and affiliates’ respective names, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of JSP or its affiliates or licensors. You must not use such marks without the prior written permission of JSP. All other names, logos, product and service names, designs, and slogans on our Site are the trademarks of their respective owners.
Indemnity
You agree to indemnify and hold JSP, its parents, affiliates, subsidiaries and their respective directors, officers, managers, members, employees, agents, attorneys, contractors, licensors, manufacturers and suppliers harmless against any and all claims, losses, liabilities, expenses (including attorney’s fees), damages and costs, made by any third party arising from your use of our Site or your violation of these Terms.
Links and Social Media
Our Site may contain links to third party website, which are not owned or operated by JSP. JSP does not endorse, guarantee, or accept responsibility for the content or products on any linked website. The links are provided only as a convenience to our users. If you decide to access any of the third-party website linked to our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such website.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Our Site may provide certain social media features. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Modification
JSP, in its sole discretion, reserves the right to modify, revise, add to, and update these Terms at any time. Any updated or additional terms will be effective immediately upon notice by reasonable means, including posting to our Site.
Termination
These Terms are effective unless and until terminated by either you or JSP. You have the right to terminate these Terms at any time by discontinuing use of our Site. JSP reserves the right to deny you access to our Site without notice, if we determine in our sole discretion that you fail to comply with these Terms.
Disclaimer of Warranty
ALL INFORMATION, PRODUCTS, AND SERVICES ON OUR SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND JSP EXPLICITLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. JSP MAKES NO WARRANTY THAT OUR SITE OR OUR SITE SERVER, ITS FUNCTION, DOWNLOADABLE CONTENT, OR ANY SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, COMPLETE, VIRUS-FREE, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS. JSP IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED AS A RESULT OF YOUR USE OF OUR SITE, AS YOUR USE OF OUR SITE IS DONE AT YOUR OWN RISK.
Limitation of Liability
JSP SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATED TO THE USE OF OUR SITE, INCLUDING, BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF DATA OR GOODWILL, COMPUTER DAMAGE OR SYSTEM FAILURE, SERVICE INTERRUPTION, OR CLAIMS RELATED TO ERRORS OR INACCURACIES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, PRODUCT LIABILITY OR OTHER LEGAL THEORY, AND WHETHER OR NOT JSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JSP’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS RELATED TO YOUR USE OF OUR SITE EXCEED THE TOTAL AMOUNT, IF ANY, THAT YOU PAID TO JSP FOR OUR PRODUCTS OR SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
Governing Law
These Terms are governed by, and construed and enforced exclusively in accordance with, the laws of the State of Nevada. All disputes arising from these Terms shall be resolved entirely in the state or federal courts of the State of Nevada. You consent to the jurisdiction and venue of these courts by use of our Site.
Waiver and Severability
No waiver by JSP of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of JSP to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and JSP regarding our Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Site.
Questions?
If you have any questions or concerns about our Terms, please contact us using one of the methods in the "Contact Us" section below.
CONTACT US
Please contact us with any questions or concerns. Our customer service department is available from 7 AM until 5 PM PST on weekdays. If you call outside these hours and leave a message, we will return your call.
6445 Montessouri St
Las Vegas, NV 89113
844-816-3722