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Privacy, Terms & Conditions

Privacy

We value our customers and their privacy. All personal information is used to ensure efficient processing of your order. This information is used by our staff for contacting and identifying customers and their needs. We will not give, sell, rent, or loan any personally identifiable information to any third party, unless we are legally required to do so or you authorize us to do so.

Information Collection & Use:

Our site's registration form requires users to give us contact information (like their name and email address). The customer's contact information is used to contact the visitor in the event of a problem when processing an order. For example, problems with credit card verification, product availability, etc. Users have a choice of receiving future mailings during the registration process.

Our site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address), and financial information (like their account or credit card numbers). The customer's contact information is used to get in touch with the visitor when necessary. i.e, in the event there is a problem processing an order, corporate changes, or changes in privacy practices. Financial information that is collected is used to bill the user for products and services. The customer ID numbers are assigned to Web site visitors to verify the user's identity and for use as account numbers in our record system.

Security:

This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and protected. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just "surfing".

If you have any questions about the security at our web site, please send an e-mail to sales@cleverwerx.com.

Terms & Conditions

Legal Notice

All Rights Reserved

Cleverwerx, LLC (also referred to as the "Company") is pleased to provide you with this Website ("Website") and its content for informational purposes. Please carefully read these Terms and Conditions of Use ("Terms and Conditions of Use") relating to the use of our Website. By using our Website, you agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use our Website. We reserve the right to revise these Terms and Conditions of Use or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions of Use that apply to your use of our Website. If you violate any of these Terms or Conditions of Use, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials.

Throughout these Terms and Conditions of Use, the words "we," "us" and "our" refer to Cleverwerx.

Use of Materials and Intellectual Property Rights

We authorize you to view, copy, and reproduce any of the contents of this Website provided that you agree to and abide by the Terms and Conditions of Use contained herein (and in any separate agreement that you enter into with us).

Intellectual property laws under both United States and international laws protect the materials and the unauthorized use of these materials may violate these laws. You must retain all proprietary notices contained in the original materials on any copy you make of the materials. You may not sell or modify the materials or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. The use of the materials on any other Website or in a networked computer environment for any purpose is prohibited. Nothing on this Website or any of our websites shall be construed as conferring any license under any of our or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. We prohibit the use of our trademark(s), or any related graphic(s), as a "hot link" to any Website unless approved by us.

Links to Third Party Sites

We have provided links to certain third party websites as a courtesy. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our Website. We expressly disclaim any responsibility for the content of any third party sites linked to our Website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our Website.

Disclaimers of Warranty, Liability, and Consequential Damages

We do not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses and other harmful goods. If your use of the Website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

The information on the Website is provided on an 'as is' basis without any express or implied warranties of any kind and, as such, we shall not be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Website.

The Website may contain inaccuracies or typographical errors. We will make a good faith effort to update the Website but we do not have a duty to update the Website. Your use of the Website is at your own risk. Changes can be made to the Website at any time.

Indemnity

You agree to defend, indemnify, and hold us, our affiliates, officers, directors, employees and agents harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the materials (including software) or your breach of these Terms and Conditions of Use.

Choice of Law and Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to any conflict of law provisions thereof. Any action related to these Terms and Conditions of Use shall be brought only in the state courts of and federal courts in the Commonwealth of Massachusetts and all parties waive any objection to the personal jurisdiction of and venue in such courts.

Severability

If any provision or part of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other remaining provisions or parts of these Terms and Conditions of Use shall remain in full force and effect.

Entire Agreement

These Terms and Conditions of Use represent the entire agreement between you and the Company to the subject matter herein and shall not be modified except by the Company as provided herein or through a written document signed by both parties.

These Terms and Conditions of Use were last updated: February 11, 2010

Warranty

All products manufactured and provided by Vendors and Manufacturers other than Cleverwerx are covered by their respective warranty. Please consult with the documentation accompanying these products or directly contact the manufacturer’s website or customer service department for specific warranty information.

The following terms are applicable to your hardware warranty for Cleverwerx branded products such as our Titanium Tools.

Duration of Cleverwerx Hardware Warranty: Lifetime, for as long as you own your Cleverwerx product Replacement, Repair or Refund Procedure for Hardware: Cleverwerx will use commercially reasonable efforts to ship a replacement part within ten (10) working days after receipt of the RMA request. Actual delivery times may vary depending on Customer location.

Cleverwerx reserves the right to refund the purchase price as its exclusive warranty remedy.

To Receive a Return Materials Authorization (RMA) Number: Please view our Return Policy for details.

Shipping Policy

Please Note: Cleverwerx does not process orders on weekends or holidays. While most in-stock orders placed before 12:00 noon Eastern Standard Time will be shipped that day, Cleverwerx does not guarantee same-day shipping. You can help expedite your order by using the same shipping address as your billing address and by providing a phone number that is on file with your credit card company (alternate shipping addresses and cell phone numbers will cause order delays).

Shipping Direct from Manufacturer (drop shipping)

Certain items in the Cleverwerx store ship directly from the manufacturer and are clearly designated as such in the shopping cart product details. Shipping details vary by manufacturer and are specified in the shopping cart. Please note to complete the required shipping fields provided for these products.

Cleverwerx standard shipping is First Class (delivers within 1 to 3 days) via the United States Postal Service (USPS.) Cleverwerx charges $3.00 for shipping and handling for total orders less than $100, unless otherwise noted. Orders $100 or greater include shipping via First Class, unless otherwise noted. Certain products ship direct from the manufacturer and custom shipping charges apply (see Shipping Direct from Manufacturer, drop shipping, above.) Express Mail (overnite in most locations) and Priority Mail (delivers within 2 days in most cases) are also available for an additional charge. Items over 70 pounds, oversized and those that require special handling may not qualify for express or priority services. These orders will be shipped via the United States Postal Service Parcel Post with special charges applicable.

Any address correction requested after an order has been processed for shipment will incur a $10 FedEx surcharge. If an order is returned to Cleverwerx by FedEx for any reason, a restocking fee will be charged.

Delivery Time

Total time for delivery is based on the amount of time it takes for payment authorization, order processing and actual transit time. While most in-stock orders placed before 12:00 noon Eastern Standard Time will be shipped that day, Cleverwerx does not guarantee same-day shipping. In addition, delivery schedules are subject to circumstances beyond the carrier's control such as weather conditions and mechanical problems.

Orders Shipping to Alaska and Hawaii

Orders shipping to Alaska and Hawaii will incur an additional $15.00 shipping surcharge per item. Some orders shipping to Alaska and Hawaii may require extra shipping time to reach their destination.

International Orders

Special shipping rates apply for International orders. Cleverwerx requires the customer to provide their shipping provider and account number for International orders.

Additional Information

All deliveries to P.O. boxes are not insured and therefore the purchaser assumes risk for non-delivery. Cleverwerx will not be responsible for any lost or stolen items delivered to P.O. boxes. Deliveries to P.O boxes do not qualify for free shipping. P.O. Box addresses, APO, FPO, Alaska, Hawaii - are shipped using United States Postal Service Priority Mail. Normal delivery time to be expected is 2 to 10 business days from the date of your order. >The price in effect at the time of your order is the price you will be charged, plus applicable sales tax and any special shipping charges requested or required. Products shipped to customers in the state of Massachusetts will be charged applicable sales tax unless shipped Direct from the Manufacturer. Additional taxes may apply for Direct from the Manufacturer shipments. For all returns, shipping is pre-paid by the customer.
If your order arrives damaged, we recommend that you refuse delivery, then notify our Customer Service department so that we can track the return and issue your replacement or refund in a timely manner.
Cleverwerx does not allow re-routing of packages while in transit for security purposes.

Return and Refund Policy

If you are not satisfied with your Cleverwerx Product and wish to obtain a refund, and if you reside in the United States of America, please contact Cleverwerx Customer Service at service@cleverwewrx.com or 98 Francis Street, Waltham, MA 01754 USA or call 617-893-1462 Monday through Friday 9 AM to 5 PM EST to obtain a Return Material Authorization (RMA) request form within 30 days of your receipt of the Product. Unless you are instructed otherwise when you obtain your RMA request form, the Product must be returned in its original condition freight prepaid to Cleverwerx at the address above within 14 days of the issuance of the RMA.

The returned Product must be packed in the original, unmarked packaging including any accessories, manuals and documentation that shipped with the Product, and must be accompanied by your original receipt or other proof of purchase. Credit will be given based on when Cleverwerx receives the product and original method of payment as shown on the proof of purchase.

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