Terms Of Use

Terms & Conditions

Welcome to www.vio-pov.com ("Site"). Extreme Technologies LLC d/b/a/ V.I.O. ("V.I.O.") provides this Site for use by you (as permitted below) conditioned on your acceptance of V.I.O.’s terms and conditions set forth in these Terms of Use. Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

V.I.O. reserves the right, in its sole discretion, to change these Terms of Use at any time. Therefore, we recommend that you read these terms carefully each time you use the Site.

**Please also review the Privacy Policy, as it contains important information regarding how we handle your personal information, and the Terms and Conditions of Sale, below, as they set forth the terms for any purchase you make from the Site. These Terms of Use do not govern V.I.O.’s sale of products to you. Areas of the Site may have different terms of use or other disclaimers found on pages, applications, or programs. If there is a conflict between these Terms of Use and the terms of use or disclaimer posted for a specific area of the Site, the terms of use or disclaimer posted for that specific area of the Site shall have precedence with respect to your use of that area of the Site to the extent that they conflict with these Terms of Use.

Permitted Use of the Site

You may use the Site solely for your own personal, non-commercial use. You may download or print portions of the content of the Site, but not any significant portion of the content. You may use such downloads/print copies only for your own personal use, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Site must be in accordance with all applicable laws. Your use of the Site is your acknowledgement that you do not acquire any ownership rights in the Site or any portions of its content.

Restrictions on Access to and Use of the Site

V.I.O.  does not allow unauthorized access (hacking) into the Site. The use of deep-links, page scrapes, web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things, in connection with the Site is prohibited.

In your use of the Site, you shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate applicable law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site.

V.I.O. reserves all rights in the Site and its contents not granted to you. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Site or the content of the Site (in whole or in part) for any purpose. Your use of the Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Site.

Copyrights, Trademarks and Other Proprietary Rights

The entire content of the Site including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to V.I.O. All trademarks, service marks and trade names are owned by V.I.O. or other respective owners.

Linked Sites

This Site may contain links to other Sites on the Internet that are operated by third parties ("Linked Sites"). V.I.O. is not responsible for the content, advertising, products, or other materials made available on or through any Linked Site. Further, the presence of a Linked Site does not constitute an endorsement by V.I.O. of the content of the Linked Site, nor any association with its operators. The links to these Linked Sites are for your convenience only, and you access them at your own risk. Linked Sites are likely to have their own Terms of Use, and you are responsible for reading them to ensure your own compliance. V.I.O. shall not 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 such Linked Sites.

V.I.O. has no control over third parties or any links they provide to the Site. If a third party links to the Site, such linking does not imply any sponsorship or endorsement of the linking web site by V.I.O., or by any group or individual affiliated with V.I.O. No web sites that link to the Site may contain content that is distasteful, offensive and/or controversial, breach any laws or regulations, nor may they frame or otherwise incorporate the content or other materials on the Site.

Unsolicited Information

Please note that any unsolicited personal, confidential or proprietary information or material sent to V.I.O. through the Site, by e-mail or other means, will be deemed NOT to be confidential. By sending V.I.O. any such information or material, you grant V.I.O. an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, transfer and otherwise freely use those materials or information. You also agree that V.I.O. is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Disclaimer of Warranty; Limitation of Liability

THE SITE IS PROVIDED BY V.I.O. ON AN "AS IS" AND "AS AVAILABLE" BASIS. V.I.O. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, V.I.O. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. V.I.O. DOES NOT WARRANT THAT USE OF THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE.

V.I.O. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY SITE LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF V.I.O. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THERE ARE DIFFERENT TERMS IN THE TERMS AND CONDITIONS OF SALE, BELOW.

Indemnification

You agree to indemnify V.I.O. and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, that arise from your misuse of the Site, including, but not limited to, your violation of these Terms of Use.

Use Outside the United States

This Site is controlled, operated, and administered by V.I.O. from its offices within the State of Minnesota, United States of America. V.I.O. makes no representation that the content of the Site is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.

Applicable Law

These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws, except that the federal law of the United States of America shall apply to questions regarding the validity, infringement or enforceability of United States federal patent, copyright and trademark rights relating in any way to these Terms of Use or the Site. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on you in the manner authorized by applicable law or court rule.

Copyright Complaints

Just as V.I.O. requires users to respect its copyrights and other intellectual property rights, and those of its affiliates and partners, V.I.O. respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization or in a way that constitutes copyright infringement, please use the contact us form.

Questions

If you have any questions regarding these Terms of Use, please use the Contact Us form

All rights reserved.

Terms & Conditions of Sale

IMPORTANT NOTICE: V.I.O. IS WILLING TO SELL PRODUCTS TO YOU VIA THIS SITE ONLY IF YOU ACCEPT THESE TERMS AND CONDITIONS OF SALE.

BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, V.I.O. IS UNWILLING TO SELL PRODUCTS TO YOU VIA THIS SITE AND YOU SHOULD NOT PURCHASE PRODUCTS THROUGH THIS SITE.

These Terms and Conditions of Sale are a legal agreement between you, either an individual or authorized representative of a legal entity ("you" or "your"), and Extreme Technologies LLC d/b/a V.I.O. ("V.I.O.") applying to the products ("Products") purchased by you through the site (www.vio-pov.com) ("Site").

**Please also review our Privacy Policy, as it contains important information regarding how we handle your personal information including any information you provide to us in the course of making a purchase via the Site, and our Terms of Use, above, as they set forth the terms governing general use of the Site.

V.I.O.  reserves the right, in its sole discretion, to change these Terms and Conditions of Sale at any time. Therefore, we recommend that you read these terms carefully each time you use this Web site. By making purchases via the Site, you agree to be bound by the Terms and Conditions of Sale posted on the Site at the time of the sale.

Registration, Password and Security

You can purchase our product as a guest, or register your information for future purchases by completing V.I.O.’s registration process. As part of the registration process you must provide us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name and account, and for any and all activities that occur under your account. You agree to notify V.I.O. immediately of any unauthorized use of your account or any other breach of security. V.I.O. will not be liable for any loss that you may incur as a result of someone else using your password, user name or account, either with or without your knowledge. However, you could be held liable for losses incurred by V.I.O. or a third party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Orders

After selecting products to your cart you can check out as a guest or you can complete the registration process. You may then submit an order to us for Products pursuant to the order procedure set forth on the Site. By submitting an order via the Site, you offer to purchase the Products you select and submit to V.I.O. pursuant to these Terms and Conditions of Sale. V.I.O. reserves the right to refuse service, reject orders, terminate accounts, remove or edit content, or cancel orders in its sole discretion. All Products purchased hereunder are subject to these Terms and Conditions of Sale.

Price and Payment

Unless otherwise specified on the Site, V.I.O.’s price for the Products is set forth on the Site, however, such prices do not include, and you shall pay, any excise, sales, use or like taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that V.I.O. may be required to collect or pay upon the sale or delivery of the Products purchased hereunder. Prices are, and all payments shall be made, in U.S. dollars.

If a Product is quoted at an incorrect price due to typographical error or error in pricing information: (a) V.I.O. has the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if V.I.O. has confirmed the receipt of your order and charged your credit or debit card; and (b) if V.I.O. has charged your credit or debit card but subsequently canceled your order, V.I.O. will promptly issue a credit to your credit or debit card account for the amount charged.

All payments will be made via credit or debit card at the time you make your purchase. You agree to pay the amount specified, including any applicable sales or other taxes, and shipping and handling charges. No discounts, quantity entitlements, or promotions apply unless expressly specified for the transaction.

V.I.O. and its related companies and payment processing companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. This use and all other uses of your personal information are governed by V.I.O.’s Privacy Policy

Delivery

This Site is controlled, operated, and administered by V.I.O. from its offices within the State of Minnesota, United States of America.

V.I.O. shall deliver the Products to the location set forth in your order. Risk of loss and title to the Products remains with V.I.O. until the Products are delivered to the location you specified in the order. Thereafter, you assume the risk. You must inform V.I.O. within 10 days of receipt of your order if you believe any part of your purchase is missing, damaged or incorrect.

Intellectual Property Rights

You acknowledge that V.I.O.  retains all right, title and interest in all intellectual property rights in and to the Products.

Limited Warranties, Exclusive Remedies, Disclaimers, Limitations on Liability

V.I.O. limited warranties and exclusive remedies for some Products are located here, which terms form part of these Terms and Conditions of Sale.

EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS ARE SOLD ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES AT ALL. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, V.I.O. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (OR IF DISCLAIMING IMPLIED WARRANTIES IS NOT PERMITTED BY APPLICABLE LAW, V.I.O. EXPRESSLY LIMITS THE DURATION OF ALL OTHER WARRANTIES TO THIRTY DAYS FROM RECEIPT OF THE APPLICABLE PRODUCT), WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

Some states do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you, and you may also have other rights which vary from state to state.

IN NO EVENT SHALL V.I.O. BE LIABLE FOR DAMAGES ARISING AS A RESULT OF ANY DELAY BY V.I.O. UNDER THESE TERMS AND CONDITIONS OF SALE. IN NO EVENT SHALL V.I.O. BE LIABLE, AS A RESULT OF SELLING A PRODUCT HEREUNDER OR UNDER THESE TERMS AND CONDITIONS OF SALE, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, TREBLE OR EXEMPLARY DAMAGES OR OTHER SIMILAR DAMAGES REGARDLESS OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER V.I.O. KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. V.I.O.’S AGGREGATE LIABILITY UNDER OR RELATING TO THESE TERMS AND CONDITIONS OF SALE WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other rights which vary from state to state.

Return Policy

Online purchases must be returned within 30 days of purchase. Attach the shipping label located on the packing list. Note: You must contact us to receive a return authorization number. The items must be new, unused, and contain all original packaging and accessories. Items cannot be returned if opened. Once your return is received and inspected by the fulfillment center (usually within 72 hours of receipt), your refund will be processed and a credit will be automatically applied to your credit card within 7 days. Please note, depending on your credit card company, it may take an additional 2-10 business days after your credit is applied for it to post to your account. Customers are responsible for shipping costs unless the product is defective or an error has occurred when filling the order. For further return information, or for warranty information, please use the contact us form.

Indemnification

You agree to indemnify V.I.O. and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, that arise from your misuse of the Products, including but not limited to your violation of these Terms and Conditions of Sale.

General

V.I.O. will not be liable for performance delays or non-performance due to causes beyond V.I.O.’s reasonable control, including due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or unforeseen circumstances. These Terms and Conditions of Sale and the details on the order form for the Products constitute the final, complete, exclusive and entire agreement between you and V.I.O. with respect to your purchase of Products hereunder, and supersede any contemporaneous or prior agreements, correspondence or information, oral or written. The parties expressly reject the application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms and Conditions of Sale. The failure of either party at any time to enforce any provision of these Terms and Conditions of Sale shall not prevent either party from enforcing any other provision. In the event that any portion of these Terms and Conditions of Sale shall be held to be unenforceable, the remaining portions of these Terms and Conditions of Sale shall remain in full force and effect.

Applicable Law

These Terms and Conditions of Sale shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale shall be filed only in the state or federal courts located in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on you in the manner authorized by applicable law or court rule.

Questions

If you have any questions regarding these Terms and Conditions of Sale, please use the Contact Us Form.