These Terms of Use are entered into by and between You and Moisture Boss, LLC ("Company", or "Moisture Boss"). The following terms and conditions with the Privacy Policy (collectively "Terms of Use"), govern your access to and use of www.moistureboss.com including any content, products, and services offered on or through www.moistureboss.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
CUSTOMERS REPRESENT THAT ANY PERSON ACCEPTING THESE TERMS OF SALE ON BEHALF OF THE CUSTOMER IS AUTHORIZED TO DO SO AND THAT ALL EMPLOYEES AND REPRESENTATIVES OF THE CUSTOMER WHO ACCESS MOISTUREBOSS.COM ON BEHALF OF THE CUSTOMER OR OTHERWISE PURCHASE PRODUCTS FROM MOISTURE BOSS ON BEHALF OF CUSTOMER HAVE THE LEGAL RIGHT, AND ARE DULY AUTHORIZED, TO MAKE SUCH PURCHASES AND FURTHER AUTHORIZED TO ENTER INTO AGREEMENTS RELATING TO THE PURCHASE OF PRODUCTS OR SERVICES OR TO OBTAIN PRICING OR DISCOUNTS FROM MOISTURE BOSS ON BEHALF OF CUSTOMER.
Sales of products.
All orders received from customer are subject to acceptance by Moisture Boss. Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Moisture Boss. Terms and conditions on the customer's order form at variance with terms and conditions stated herein are binding upon Moisture Boss only if specifically accepted by Moisture Boss in writing. Orders accepted by Moisture Boss cannot be cancelled by customer except with Moisture Boss's agreed consent and upon items that will indemnify Moisture Boss against loss.
Prices.
Unless otherwise stated, prices listed do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change at any time without notice. Unless otherwise stated, delivery and prices are F.O.B. origin, and prices do not include transportation charges, unless otherwise indicated. Written quotations shall be in effect for a period of thirty (30) days after the date quoted. Any other orders placed on the basis of such quotation during the thirty (30) days period will be invoiced at the quoted prices. All other orders will be billed at the current price in effect at the time of shipment. Customer should contact Moisture Boss or check online at www.moistureboss.com for current pricing. Export orders may be subject to other special pricing. Moisture Boss reserves the right to accept or reject any order.
Payment and credit terms.
Moisture Boss accepts Visa, Mastercard, American Express, Paypal. Moisture Boss may accept other forms of payment with prior approval. For customers with established Moisture Boss credit, payment terms shall be determined at the time of order. Moisture Boss reserves the right to demand payment in advance of shipment, if, in Moisture Boss's opinion, the credit or financial condition of customer is, or is about to become, impaired. Moisture Boss reserves the right, among other remedies, either to terminate this agreement or to suspend further deliveries upon failure of customer to make any payment as herein provided. All payments must be made in U.S. Dollars.
Taxes.
Moisture Boss is required to charge and customer is responsible for payment of all applicable U.S. federal, state, local tax, duties, and import fees on products, or for providing a valid exemption certificate. The customer shall pay Moisture Boss the amount of all governmental taxes, excises, and/or other charges (exempt taxes on or measured by net income) that Moisture Boss may be required to pay with respect to the production, sale, transportation of any goods or materials delivered hereunder, except where the law otherwise provides. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all taxes, fees, licenses, import duties, and expenses as may be applicable.
Availability.
Moisture Boss does not guarantee availability (“lead time”) of products sold at Moistureboss.com.
Shipment.
Shipment dates as stated by Moisture Boss are estimates of approximate dates of delivery and not guaranties thereof as there are factors beyond Moisture Boss's control. If the product is damaged in transit, customers should contact Moisture Boss for a resolution, and it will be determined if the recourse is to file a claim with the carrier.
Patent infringement.
Should the goods or materials furnished by Moisture Boss be of such a nature that the design therefor is supplied by customer, or should the goods or materials be labeled or marked with a trademark or trade name requested by customer, then the customer agrees to defend Moisture Boss in any action, either civil or criminal brought against Moisture Boss by any third party for the infringement or misuse of any such patents or trademarks, and customer further agrees to hold Moisture Boss harmless from any damage or loss resulting therefrom.
Catalog/website information.
Moisture Boss is a distributor of products. Information about the products in the Moisture Boss catalog or website is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Moisture Boss catalog, literature or websites does not constitute the right to purchase products. Moisture Boss reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Moisture Boss catalogs and websites. Moisture Boss reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from Moisture Boss.
Third party payment provider.
If customer elects to use a third party payment system provider (“third party provider”) and Moisture Boss is charged fees by the third party provider, Moisture Boss reserves the right to seek reimbursement from customer for any and all costs paid to the third party provider for the transfer of funds, retrieval of payment detail, or any other purpose from the third party provider.
Intellectual property.
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“ip”) reserved by Moisture Boss, or any ip owned by manufacturers and/or suppliers to Moisture Boss. All materials contained in Moisture Boss catalogs or on its websites are subject to the ownership rights of Moisture Boss and its manufacturers and/or suppliers. Customer shall have no right to copy or use any ip of Moisture Boss or its manufacturers and/or suppliers without Moisture Boss's permission.
Returns.
No product purchased from Moisture Boss may be returned without a return goods authorization issued by Moisture Boss, and no cancellations, refunds or credits are allowed without Moisture Boss’s prior approval. Moisture Boss, at its sole discretion, may withhold the issuance of such authorization. In no case will a return goods authorization be issued after 30 days from the date of shipment. A restocking fee may apply for any returned product. The return of any product purchased with “free shipping” may be subject to additional service fees.
Custom/special products.
Moisture Boss may offer products manufactured or assembled to customers specifications (“custom product(s)”). Moisture Boss is not responsible for verifying or confirming the accuracy of specifications provided by customer to Moisture Boss for custom products. The product warranty provided by the manufacturer and/or third party supplier of the custom product will be customer's sole remedy. All custom products are sold on a “final sale” basis only, and no cancellations, returns, refunds or credits are allowed.
Cancellation.
All product order cancellations, if not prohibited above, must be approved by Moisture Boss, and may be denied or subject to restocking fees and other charges.
No third party benefit.
The provisions stated herein 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.
Warranty.
All merchandise sold shall be subject to Moisture Boss's standard warranty: Moisture Boss warrants that the goods or materials delivered meet Moisture Boss's standard specification for the goods/materials or such other specifications as have been expressly made a part of this agreement and that such goods or materials are adequately contained, packaged, labeled, and conform to the promises of affirmations of fact made on the container and/or applicable label.
Moisture Boss does not warrant products against defects in materials and workmanship under normal use unless otherwise stated. Provided that Moisture Boss accepts the product for return during the limited warranty period, Moisture Boss may, at its option: (i) replace or (ii) refund the amount paid by the customer. Moisture Boss's replacement or refund of amounts paid by the customer for the product, shall be the customer's sole and exclusive remedy.
Moisture Boss also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, misrepair or misapplication. Moisture Boss expressly disclaims any liability for consequential, incidental, special, exemplary, or punitive damages to the extent permissible.
Moisture Boss does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Moisture Boss accept responsibility for construction, installation and/or use of a product. It is customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
The foregoing warranties are exclusive, and are in lieu of all other warranties (whether written, oral, or implied) including warranty of merchantability in other respects than expressly set forth above and warranty of fitness for a particular purpose.
Indemnification.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Moisture Boss, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Moisture Boss parties”), from and against all actual or alleged Moisture Boss party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the sites, content or services by you or any third party you authorize to access or use such sites, content or services, (b) any user content you create, post, share or store on or through the sites or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of these terms, and (e) your violation of the rights of another. You agree to promptly notify Moisture Boss of any third party claims, cooperate with the Moisture Boss parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Moisture Boss parties shall have control of the defense or settlement of any third party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Moisture Boss.
Dispute resolution; arbitration.
Please read the following section carefully it requires you to arbitrate certain disputes and claims with Moisture Boss and limits the manner in which you can seek relief from us.
Binding arbitration.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “disputes”) arising out of or related to a violation of disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Moisture Boss agree (a) to waive your and Moisture Boss’s respective rights to have any and all disputes arising from or related to these terms, or the sites, content or services (including, without limitation, third party purchases), resolved in a court, and (b) to waive your and Moisture Boss’s respective rights to a jury trial. Instead, you and Moisture Boss agree to arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).
No class actions.
You and Moisture Boss agree that any dispute arising out of or related to these terms or the sites, content or services is personal to you and Moisture Boss and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Moisture Boss agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Moisture Boss agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Federal arbitration act.
You and Moisture Boss agree that these terms affect interstate commerce and that the enforceability of this section shall be both substantively and procedurally governed by and construed and enforced in accordance with the federal arbitration act, 9 u.s.c. § 1 et seq. (the “faa”), to the maximum extent permitted by applicable law.
Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Moisture Boss account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the dispute, (y) a description in reasonable detail of the nature or basis of the dispute, and (z) the specific relief that we are seeking. If you and Moisture Boss cannot agree how to resolve the dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Moisture Boss may, as appropriate and in accordance with this section, commence an arbitration proceeding or, to the extent specifically provided for or, file a claim in court.
Process.
Except for disputes arising out of or related to a violation of section or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Moisture Boss agree that any dispute must be commenced or filed by you or Moisture Boss within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Moisture Boss will no longer have the right to assert such claim regarding the dispute). You and Moisture Boss agree that (a) any arbitration will occur in the state of Colorado, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the judicial arbitration and mediation services (“jams”), which are hereby incorporated by reference, and (c) that the state or federal courts of the state of Colorado and the united states, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a dispute in the small claims court located in the county of your billing address if the dispute meets the requirements to be heard in small claims court.
Authority of arbitrator.
As limited by the faa, these terms and the applicable jams rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Rules of jams.
The rules of jams and additional information about jams are available on the jams website. By agreeing to be bound by these terms, you either (a) acknowledge or agree that you have read and understand the rules of jams, or (b) waive your opportunity to read the rules of jams and any claim that the rules of jams are unfair or should not apply for any reason.
Opt-out right.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by writing to: 1534 Oak Avenue Boulder, Colorado 80304. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes.
Force majeure.
Moisture Boss shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event. Including but not limited to acts of god, acts of war, acts of terrorism (whether actual or threatened), sabotage, governmental decrees, controls, ordinances, rules or regulations, labor disruptions, disputes or shortages, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Moisture Boss in the conduct of its business whether valid or invalid (including, but not limited to, priorities, requisitions, allocations, and price adjustment restrictions), inability to obtain material, equipment or transportation, or any other similar or different contingency all or any portion of the quantity deliverable during such period, whereupon the total quantity deliverable under this agreement shall be reduced by the quantity so omitted. In no event shall Moisture Boss be obligated to purchase goods or materials from others in order to enable it to deliver material to the customer hereunder.
Severability.
If any portion of these terms and conditions is found to be invalid or unenforceable, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
Modification of terms.
Moisture Boss’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer's assent to these terms and conditions shall be presumed from customer's receipt of Moisture Boss’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of Moisture Boss’s terms and conditions by customer shall be binding upon Moisture Boss, unless agreed to in writing by an authorized representative of Moisture Boss. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Moisture Boss’s acknowledgment, Moisture Boss’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Moisture Boss of any of the terms and conditions contained herein or in Moisture Boss’s acknowledgment.
Entire agreement.
These terms and conditions along with the company privacy policy and return policy, herein incorporated by reference, and constitute the entire and exclusive agreement between customer and Moisture Boss.
Termination.
Notwithstanding anything contained in these terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the sites and to order, receive and use the services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Contact us.
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:
Moisture Boss, LLC
1534 Oak Avenue Boulder,
Colorado 80304
303-444-2869
Governing law and venue.
These terms, your access to and use of the sites and your order, receipt and use of the services shall be governed by and construed and enforced in accordance with the laws of the state of Colorado, without regard to conflict of law rules or principles (whether of the state of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the state of Colorado and the United States, respectively, sitting in the state of Colorado.
Updated November 11, 2019