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Terms of Service

TERMS OF SERVICE

 

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OVERVIEW

 

This website is operated by Axess Chronos LLC. Throughout the site, the terms “we”, “us” and “our” refer to Axess Chronos LLC. Axess Chronos LLC 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”), 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.

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 (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 and services 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 AND SERVICES

General
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
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.
Our products and services are only available to customers who are United States residents and have addresses in the United States.
We reserve the right, but are not obligated, to limit, cancel or prohibit any sales of our products or Services to any person, geographic region or jurisdiction for any reason, including but not limited to availability concerns. 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, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address.. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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.

Fees
The rental fee for the product will be the total of the rental fee and delivery charges listed on the site for your rental of the product. When you place your rental order for a product, you hereby authorize us to charge your payment card for the rental fee. We will charge your payment card the amount of the rental fee immediately upon your rental order. A reservation of a product on the site is an order for the rental of that product, regardless of how far in advance that product is reserved. In addition, up to a week before your rental product is shipped out to you, you hereby authorize us to place a hold on your payment card as a security deposit for an amount equal to 10% of the retail value of the product (when new) set forth on the site (“Retail Price”) plus applicable sales taxes. If you return the product late or not at all, the security deposit hold on your payment card will be increased to an amount equal to 100% of the retail value of the product (when new) set forth on the site (“Retail Price”) plus applicable sales taxes. The security deposit hold will be removed from your payment card after you return the rental product back to us and we inspect and determine the product to be in the appropriate condition, in our sole discretion. Rental fees exclude all federal, state and local taxes, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by us, shall be paid by you to us in connection with your rental order.
If you return the product late or not at all, late fees will be charged to the payment card you used to pay the rental fee or to any other payment card included in your account information that you have provided to us according to the following schedule: (a) fifty dollars ($50.00) per day if the product is one (1) or two (2) days late; (b) one hundred dollars ($100.00) per day if the product is three (3) to fourteen (14) days late. If you have not returned a product within fourteen (14) days after the return date (last day of your rental) for the product, your late return will be considered a non-return and we will charge your payment card an amount equal to the new retail value (as determined by company) for the product plus applicable sales tax, in addition to the late fees set forth in this Section 5.

Shipping and Delivery
All deliveries will be through our shipping partners, which may change from time to time at our discretion. The shipping method used will be at our discretion.
The first day of the rental period is the day the product is delivered to your address, unless the product is delivered before rental date indicated in your reservation, in which case, the first day of the rental period will be the rental date indicated in your reservation. The last day of the rental period is the day that you should ship the product back to us.
Upon delivery, you bear responsibility for the product. You or your representative (e.g., concierge, doorman, front desk clerk, residence occupant, security guard) must carefully inspect the shipment immediately at time of delivery in the presence of the delivering carrier's personnel and make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package, and contact us immediately. In the case the shipment is never delivered, you must give us timely notice of non-receipt.
With delivery of the product, we will provide you with a pre-paid return shipping label and packaging, as well as specific instructions on how to properly pack and return the products to us. You must follow these instructions thoroughly.
You must return the product on or before the last day of the rental period by delivering the product in the return packaging to a retail employee in the United States of the specific shipping partner indicated in the return label provided, and you must obtain a shipping receipt.
You may extend your rental of a product on the site, provided that any extensions are subject to other orders for that product and to pre-payment of the additional rental fee applicable to that product for the period of time of the extension.

Damage/Loss
You agree to take good care of the product, as if it was part of your personal property. You are responsible for loss, destruction or damage to the products due to theft, mysterious disappearance, fire, or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor scratches. If you return a product that is damaged beyond normal wear and tear, as determined by us in our sole discretion, then you authorize us to and agree that we shall charge you, and you shall pay, for the price for repairing or replacing the product, as determined in our sole discretion, up to 120% the Retail Value (when new) for the product, plus applicable sales taxes. The charges described in this paragraph are in addition to any rental fees, cancellation fees and/or late fees.

 

Cancellations

You may cancel your rental order subject to the following cancellation fees and policies:

(a) If you cancel fifteen (15) or more days in advance of the delivery date, you will receive a full refund issued to the payment card used for the order.

(b) If you cancel less than fifteen (15) days in advance of the delivery date, but before the product is shipped, you will receive a credit to your Axess Rewards account equivalent to the amount paid for the order.

(c) If you cancel after the product is shipped, but before the delivery date, you will receive a credit to your Axess Rewards account equivalent to the amount paid for the order, minus a $25 cancellation fee.

You must request a cancellation in writing by emailing us or using the "Contact Us" link on our website.

 

Axess Rewards Loyalty Program

Axess Rewards loyalty program (“Program”) is available to customers of our products and services and are specifically subject to these terms and conditions which are determined in our sole discretion and are outlined below. Program terms may be updated from time to time without advance notice.

The Axess Rewards section of the site specifies the details for membership, and for accrual and redemption of Axess points.

Axess points do not have cash value, are non-negotiable, cannot be redeemed either in whole or part for cash, cannot be exchanged for store credit (outside of the rewards indicated on the Axess Rewards section of the site), and cannot be transferred to another account. They do not constitute property of any member or other person and may not be brokered, bartered, attached, pledged, sold, auctioned or sold or disposed of for consideration, or in any manner otherwise received or used in violation of the terms and conditions herein.

Axess points will expire after 36 months if there are no transactions in the member account. The 36 month period begins with the most recent transaction in the member account. Any member account with no transactions for a period of 36 months or longer may be deemed inactive, and the member account may be terminated. All Axess points will be forfeited when an account is terminated for any reason.

We reserve the right to change the accrual and redemption structure earned by members, change the expiration date, or cancel, temporarily suspend, or otherwise modify the program at our sole discretion and without prior notice to members.

 

SECTION 6 - BILLING AND ACCOUNT INFORMATION

 

In order to begin use of the Service, you give us permission to obtain credit information from consumer credit-reporting agencies. You must be 18 years of age to create an account and use the Service.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, so that we can complete your transactions and contact you as needed. You agree to maintain and promptly update your account and other information, including your address and email address, to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the service and the site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately.

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 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 address, 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.

 

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 Axess Chronos LLC, 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.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Axess Chronos 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 - INTELLECTUAL PROPERTY

 

Axess Chronos, Axess Rewards and Axess Points are trademarks of Axess Chronos LLC. The Services, including all content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations and  all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Axess Chronos LLC and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other Axess Chronos product or service names or logos appearing on or through the site are either trademarks or registered trademarks of Axess Chronos LLC and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Axess Chronos LLC and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.

Nothing shall be construed as granting to you, by implication, or otherwise, any license or right to use the Services or any of our content, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Axess Chronos LLC.

Subject to your compliance with these Terms, you can access and use the Services for your personal, non-commercial purposes.

 

SECTION 17 - 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 18 - 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 19 - 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 laws of the State of Illinois. You accept and consent to the personal jurisdiction and venue of the federal and state courts in Cook County, Illinois, for any court action or proceeding deemed necessary by us to collect amounts due hereunder, to recover our property, and/or to protect us from theft or fraud. At our sole option, we  may also commence any court action or proceeding to collect amounts due hereunder, to recover our property, and/or to protect us from theft or fraud, in the federal or state courts in the state where you reside, or in the state where the property is located.

 

SECTION 20 - 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. 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 21 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us using the "Contact Us" link on our website.

 

 

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