Legal Notice - GoXtreme Action Cams Ride the elements GoXtreme Action Cams
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Legal Notice

Terms & Conditions

Please review the following terms and conditions (“Terms of Use”) that govern your use and purchase of products (collectively, “Use”) of our Site. Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.

Index of Site Disclosures:

Information on Our Site

This Site is managed by GoXtreme Action Cams, Easypix GMBH, and WK Security Company LLC (collectively, the “Company”). By accessing this Site you accept the terms and conditions of use as set forth herein. The Company makes every effort to provide accurate and up-to-date information to the public. However, the Company does not warrant the accuracy of product descriptions or other Site content. Prices and promotions are subject to change. The Company cannot confirm the availability or price of an item until you place the order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Use of the Site

By accessing the Site, you warrant and represent to the Company that you are legally entitled to do so and to make use of information made available via the Site.

Links to Other Websites and Services

This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). The Company provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by the Company of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Company Site. Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site.

Disclaimers and Limitation of Liability

The Site and all Content and products included are provided on an “as is” and “as available” basis. The Company makes no representations or warranties, express or implied, as to the operation of the Site, or the Content and products included on the Site. Your use of this Site is at your sole risk. The Company disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Site, Content or products included on this Site, or that our servers or electronic communications are free of viruses or other harmful components. Certain state laws do not allow limitations on implied warranties in consumer contracts, so some or all of the disclaimers may not apply to you. You understand and agree that the Company will not be liable for damages of any kind arising from the use of the Site, or from any Content or products included on the Site.

Security

You are responsible for maintaining the confidentiality of your account and password and forrestricting access to your computer or device. You agree to not share your account credentials with others. You may use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited. You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of the Company, or impersonating as a legitimate user. You may not send unsolicited or unauthorized e-mail on behalf of the Company, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.

Disputes

Our Customer Service Specialists are ready to assist you and address your concerns— email support@goxtreme.com. If you have any questions or concerns regarding how the Company manages, accesses or uses your personal information, please write us at GoXtreme Customer Service, 11844 Bandera Road, # 257, Helotes, TX 78023. If our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products purchased from the Company through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would. To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our agent: GoXtreme Customer Service, 11844 Bandera Road, # 257, Helotes, TX 78023.  You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”),  adr.org,1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. We will reimburse those fees for claims totaling less than $10,000. Likewise, the Company will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Texas, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Orders, Pricing and Payments

The Company strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by the Company, in the Company’s sole discretion. Unless otherwise agreed to by the Company, payment must be received by the Company prior to our acceptance of an order. The Company may process payment for and ship parts of an order separately.

Shipping

Product title passes to you when the Product is shipped. You have 21 days to notify the Company of any missing, wrong, or damaged portion of your purchase or the Company cannot be held responsible for these issues. You are responsible for sales and other taxes associated with the order.

Purchases may not be resold or exported

Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

Proprietary Rights

All content included on or comprising the Site, including information, data, software, photographs, and videos (collectively “Content”) is protected by copyright, trademark, or other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws. The Company owns, to the fullest extent allowed by such laws, the copyright in the selection and coordination of all Content. You may not copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, modify, remove, augment, publish, or in any way exploit any of the Content. The logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission, and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Privacy Policy

This privacy policy sets out how WK Security Company, LLC d/b/a GoXtreme uses and protects any  information that you give WK Security Company, LLC d/b/a GoXtreme when you use this website. WK Security Company, LLC d/b/a GoXtreme is committed to ensuring that your privacy is protected.  Should we ask you to provide certain information by which you can be identified when using this website,  then you can be assured that it will only be used in accordance with this privacy statement. WK Security Company, LLC d/b/a GoXtreme may change this policy from time to time by updating this page.  You should check this page from time to time to ensure that you are happy with any changes. This policy is  effective from May 1, 2017.
What we collect
We may collect the following information:

name and job title

contact information including email address

demographic information such as postcode, preferences and interests

other information relevant to customer surveys and/or offers

What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular  for the following reasons:

Internal record keeping.

We may use the information to improve our products and services.

We may periodically send promotional email about new products, special offers or other information which we  think you may find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may

contact you by email, phone, fax or mail.

We may use the information to customize the website according to your interests.

We may provide your information to our third party partners for marketing or promotional purposes.

We will never sell your information.

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or  disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure  the information we collect online.

How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the  file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies  allow web applications to respond to you as an individual. The web application can tailor its operations to your  needs, likes and dislikes by gathering and remembering information about your preferences.  We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic  and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.  Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and  which you do not. A cookie in no way gives us access to your computer or any information about you, other than the  data you choose to share with us.  You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually  modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used  these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.