TERMS OF USE
Agreement Between User and Countermove Productions LLC
The following terms and conditions (the “Terms”, “Agreement”) govern your use of this site (the “Site”) operated by Countermove Productions LLC. (“we”, “us”, “our”) and the services (the “Services”) and products (the “Products”, ” Impact Identification Card(s)”) provided on or through the Site that are legally binding on you. If you do not agree with any of these terms, do not access or otherwise use or purchase the services and products offered on the Site. By clicking on the “Accept” button, or by using the Site and/or purchasing the Services and Products offered on the Site, it shall be deemed to be your agreement to abide by all of the terms and conditions outlined in this Agreement. By using the Site, you are also agreeing that you are over the age of 18 and therefore able to be legally bound under these Terms.
Changes to these Terms and Conditions
These Terms and Conditions may be changed or updated at any time without notice based on company and customer feedback and requirements. You are encouraged to review this agreement with every purchase you make using the Services provided on the site. It is your sole responsibility to be aware of these changes.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Disclaimers
Impact Identification Products are novelty items that are customized by you for entertainment purposes, and personal use only. You may use the cards as personal identification as you can provide personal information about yourself. We are not responsible for what anyone who collects this information does with it. In other words, if your card gets lost, and someone finds it and collects your information from the card, you understand that we are not responsible for what that person does with this information. Furthermore, we are not responsible for what you or anyone chooses to do with the Products.
Impact Identification Products are not official identification items and are not affiliated nor recognized by any government or official licensing departments. Nor are they officially licensed merchandise. Impact Identification Products are made solely as customizable novelty items, business, and personal information carriers.
Furthermore, Impact Identification reserves the right and full discretion to cancel and refund any orders for any reason including, but not limited to the use of offensive or discriminatory language and offensive or discriminatory imagery.
You agree to defend, indemnify and hold us harmless and our directors, employees, subsidiaries, agents, licensors, managers, and contractors against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising of (i) your use of and access to the Service, including any data or content transmitted by you; (ii) your violation of any term of this Agreement; (iii) your violation of any applicable law, rule or regulation; (v) or any claim or damages that arise as a result of purchasing and/or using our Products and Services.
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Countermove Productions LLC (dba Impact Identification), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Return Policy
Our personalized items are exempt from being returned. Should there be an error on your personalized product, which we are at fault for, we will offer a free replacement with the correction(s) made to your custom product.
Non-personalized items can be returned undamaged within 30 days of purchase and must be in the original condition received to be provided any refund. The buyer will be responsible for shipping and handling and will receive a refund for the cost of the card only immediately upon the return of the non-personalized item.
Warranty
It is very important to us that we provide you with a product that is of the highest quality on the market. Therefore, upon purchasing an Impact Identification Product, we will provide you with a Life-Time Manufacturer’s Warranty. This means that if your Product is damaged under the limitations set in this section of this Agreement or otherwise defected, we will send you a new Product. We guarantee to uphold the Impact Identification Life-Time Warranty only while Impact Identification is in business and able to provide this service.
Your Impact IdentificationProduct warranty is covered under the following conditions and limitations if:
The product you receive is defective, faulty, or damaged when you receive it.
The Product tears or receives water damage, the protective coating is broken, or the Product is badly scratched making it difficult to read.
Your Impact Identification Product warranty is NOT covered if (i) you have damaged it on purpose in manners such as, but not limited to, cutting it with anything sharp, snapping it, tearing, or purposefully putting the Product under extreme conditions or (ii) if you receive a full refund for your Product.
The Impact Identification Product warranty includes the following:
Impact Identification will cover all costs associated with manufacturing, packaging, and processing a new Product. You will only be required to cover a small shipping & handling fee, unless you are within 30 days of your purchase, in which case, we will cover all costs including shipping & handling costs free of charge for you.
Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Third-Party Links
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.