Terms of Use | Legal
OVERVIEW
This website is operated by TOOMANYAMPS DOT COM LLC. Throughout the site, the terms “we”, “us”, “TMA”, "Toomanyamps", and “our” refer to TOOMANYAMPS DOT COM LLC. TMA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, or “TOS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content or Personal Information (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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of TMA. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, drop shippers, freight forwarders, aggregators, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We reserve the right to review any submissions prior to publishing.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - 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.
SECTION 12 - 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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure 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 of time 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 TOOMANYAMPS DOT COM LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any negligent, 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, theft or destruction, acts of god or nature, unauthorized access or breach, carrier delays 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 permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TOOMANYAMPS DOT COM LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that 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.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to 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).
SECTION 17 - 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.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the internal laws of Nevada without regard to conflicts of laws principles. By using our site, you hereby agree that any and all disputes regarding the TOS will be subject to the courts located in Clark County, Nevada and that these terms operate to the fullest extent permitted by law. If you choose to access this site outside of the Untied States you do so at your own risk, ability, initiative, and are responsible for any laws or regulations applicable to your local country or geographic area. If TMA fails to act with respect to any breach or another parties breach on any occasion; TMA does not waive its rights to act regarding any and all future or similar breaches.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website with or without notice. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us by email at info@toomanyamps.com or by mail at TOOMANYAMPS, 3220 Pepper Lane, Las Vegas, NV 89120, United States.
SECTION 21 - MISCELLANEOUS INFORMATION
Intellectual Property: Content on our site may not be used, reproduced, copied, displayed, published, or otherwise use copyrighted images, information, text, graphics, policies or our likeness for any personal or commercial reasons. Written content must be obtained from an officer or owner of TMA prior to using any of the information listed above. The use of automated spiders, scrapers, screen-grabbers, aggregators, or similar are strictly forbidden. Customers have no interest, title, or right to trade names, registered marks, trademarks, copyrights, patents, trade-dress, intellectual property, patents, domain names, product names, part numbers, catalogs, or any other related information or data.
Force Majeure: TMA shall not be liable to the extend allowed by law for any delays, performance, or impairment in whole or part from any force majeure event including but not limited to the following; acts of war or terrorism (real of threats), epidemics, shortages, infrastructure failures, acts of nature or God, labor disputes or disruptions, insurrections or martial law, governmental decree or controls, quarantines, fire, accident, explosions, inability to source raw materials supplies or products, severe weather, atmospheric disruptions, solar storms, inability to obtain permit/license or related issues, labor strikes, or any other circumstances beyond TMA’s reasonable control in the course of ordinary or extended business operations or that of their suppliers, vendors, service providers, and other partners.
Product Disclaimers: Specific products are not permitted or authorized in all areas, it’s the buyers responsibility to ensure compliance with all applicable local, state, federal, and international laws and regulations. TMA does not guarantee or advise any form of compliance, suitability, function, permit or license compliance, code compliance, fitness, safety or other particular purposes of any products or merchandise. TMA does not accept any responsibility for construction, function, installation, engineering, submittal, improper use, defects, indirect or consequential damage, delays, liquidated damages, breach of contract, injury, death, shock / electrocution or otherwise safety aspects of any products. TMA strongly recommends that end users hire certified, bonded, licensed, and professional contractors, vendors or service providers to use products properly and for their intended purpose. Electrical work can be extremely dangerous and all necessary precautions, testing, inspections, and permitting should be done in accordance with law, codes, manufacturer directions, proper engineering, wiring, and related requirements even if used temporarily. It is the customers responsibility to ensure all products are being used properly, to code, compliance, regulations, laws, and safety.
Product Substitution: Products and products origin may be substituted and may not be identical to catalog or website published descriptions and/or images.
TMA warrants any product purchased for use in business or resale against defects in workmanship or materials under normal use for a period of 30-days from the date of purchase. Any product determined by TMA to be defective in material or workmanship and returned to TMA shipping costs prepaid will, at our option, be repaired or replaced or the purchase price refunded.
ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW.
LIMITATION OF LIABILITY. TMA EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TMA’S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
All items are sold “As-Is”; no manufacturer’s warranties are expressed or implied. TMA disclaims liability for any specific circumstances wherein a products warranty provided by manufacturer is or isn’t in-effect, active, transferable, or covered, for any duration, or if at all. TMA is not an authorized dealer. TMA specifically offers returns for all full-price products for 30-days from the date of purchase up to the purchase price of the item. Sale merchandise is not covered under the 30-Day return policy. TMA expressly disclaims any liability for consequential, incidental, special, exemplary, liquidated, penalty, or punitive damages. TMA’s liability in all circumstances is limited to and shall not exceed the total purchase price paid for the product. At our discretion, we may elect to replace, repair, exchange, or refund any defective products. Please see our complete return policy.
Prices listed are wholesale and do not include shipping and/or handling fees, taxes where applicable, or duties, and are subject to correction or change without notice. Items are repriced several times per day depending on various factors such as mark pricing for commodities, competition, availability, specials, quantity discounts, on-account status, volume purchased, and other factors. Prices may change within the duration of being “added to shopping cart” and prior to checkout. We reserve the right to cancel any orders where pricing is in error, miscalculated, or otherwise incorrect. TMA makes every effort to provide competitive pricing; reasonable requests for bulk price or package price reductions will be considered on an individual basis. Bulk or Package pricing may not be modified by reducing quantity of products purchased.
TMA charges sales tax on shipments fulfilled within the state of Nevada. Sales tax for your county will be calculated during checkout. Business customers may provide a valid, signed, and current Nevada Re-sellers Certificate or Proof of Tax-Exempt Status by emailing a scanned copy to sales@toomanyamps.com (Please include your Customer Name and Order Number).
Orders wherein the quantity of products purchased are not available due to improperly maintained stock levels, damaged items, over-sells, duplicate marketplace purchases, or various other factors will be short-shipped with the available inventory on hand. We do not back-order or drop-ship products to fulfill existing orders. Customers will be notified of any such shortage and if applicable offered an equal or better quality/value substitution product at TMA’s discretion.
These Terms will be governed by and construed in accordance with the internal laws of Nevada without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Clark County, Nevada. These Terms operate to the fullest extent permissible by law. Accessing materials on TMA site by certain persons in certain countries may not be lawful, and TMA makes no representation that materials on this TMA site are appropriate or available for use in locations outside the United States. If you choose to access this TMA from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable laws.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and TMA, and is accepted by you upon your use of the TMA Property. These Terms constitute the entire agreement between you and TMA regarding the use of the TMA Property. By using the TMA site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
The provisions stated here in our “TOS” are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
