Last updated: March 01, 2023

Introduction

Welcome to Enertwist®!

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Enertwist® website (the “Service”) operated by Enertwist (“us”, “we”, or “our”). By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms 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 and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. 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.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.

By using our site, you hereby consent to our Terms and Conditions and agree to its terms.

Intellectual Property Rights

The Service and its original content, features and functionality are owned by Enertwist and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may not:

• Republish material from Enertwist.
• Sell, rent or sub-license material from Enertwist.
• Reproduce, duplicate or copy material from Enertwist.
• Redistribute content from Enertwist unless content is specifically made for redistribution.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions 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 and Conditions.

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.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, 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.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, 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.

Disclaimer of Warranties And 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 representations, 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 Enertwist, 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.

Indemnification

You agree to indemnify, defend and hold harmless Enertwist and our 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions 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 and Conditions, 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).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions 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 and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and Conditions constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions should be sent to us at [email protected].

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

Dispute Resolution

Any legal concerns or disputes arising from the use of the website or any downloads, products or services provided on this website will be subject to the jurisdiction of the courts located in United States. If any provision of these terms is found to be invalid under any applicable law, such invalidity shall not affect the validity of the remaining provisions.

Additional Terms and Conditions

Shipping Policy

All items purchased on Enertwist® are subject to the following shipping policy:

• We ship orders using USPS, FedEx, UPS, DHL and other major carriers. Delivery times vary based on your selected shipping method.
• Standard ground shipping is free on all orders over $50. Expedited and overnight shipping options are available for an additional fee.
• Orders are processed and shipped within 1-2 business days after payment is received. Shipping times vary based on your location and selected shipping method.
• We are not responsible for loss or damage to orders caused by the shipping carrier. Please inspect all packages upon delivery and contact the carrier directly if your order is damaged during shipment.
• Customers are responsible for all duties, taxes and tariffs applicable in their jurisdictions. These additional charges are not included in the item price and must be paid by the customer to the carrier upon receipt of delivery.
• Shipping costs are non-refundable, except when due to our error. If you receive a defective or incorrect item, we will provide a prepaid return label for product return/exchange.

Refund Policy

Enertwist® aims for complete customer satisfaction with all orders. However, if you are not satisfied with your purchase for any reason, you may request a refund within 30 days of receiving your order. Refunds are subject to the following terms:

• Refund requests must be submitted by emailing [email protected]. You must include your order number and reason for the return/refund.
• Refunds can take 1-2 billing cycles to appear on your credit card statement, depending on your bank’s policies.
• Items must be returned in new, unused condition with original packaging and components. Opened software or activated product licenses cannot be returned, unless defective.
• You are responsible for shipping costs associated with returns. We provide prepaid return labels for defective items only. Instructions for returning your order will be provided by our support team.
• Refunds are credited to the original payment method used at checkout.
• Refunds for gift card purchases will be issued to the gift card used for payment when applicable.
• Refunds may be reduced to account for promotions, discounts or missing components/accessories.

Product Warranties

Enertwist® offers limited product warranties on all hardware products. For eligible items, warranties cover defects in materials and workmanship under normal use for the warranty period. Warranty coverage is subject to the following conditions:

• All parts and labor costs related to warranty repairs are covered by Enertwist®. We will repair or replace defective components at no cost to the customer.
• Warranty coverage extends to the original purchaser only and cannot be transferred. Warranty only valid with proof of purchase from an authorized Enertwist® retailer.
• Warranties do not cover damage caused by improper use, accidents, unauthorized repairs/mods or normal wear and tear. Cosmetic damage is not covered under warranty.
• Software and consumable parts like batteries are warranted for 30 days only, unless specified otherwise.
• Warranty repairs must be handled directly through Enertwist® support. Unauthorized repairs will void your warranty.
• Before sending any product for repairs, you must contact support to confirm warranty eligibility and receive an RMA number. We will provide prepaid shipping for warranty returns.
• Warranty period is 1 year from original purchase date, unless otherwise specified. Warranty may vary for refurbished items. Please refer to your product documentation for exact warranty terms.

Acceptable Use Policy

Customers may not use Enertwist® products or services:

• In any way that violates local, state, federal or international laws.
• To distribute copyrighted material without permission.
• To spam or distribute malware, illegal content, or other harmful material.
• In any unethical, fraudulent, misleading or deceitful manner.
• In any way that damages the Enertwist® brand or reputation.

Any violation of this policy may result in suspension or termination of your account. Evidence of illegal conduct will be provided to relevant authorities.

Advertising Disclosure

Enertwist® engages in affiliate marketing and may receive commission fees from affiliate links on our website. Affiliate partnerships allow us to generate revenue to maintain our site and continue providing free content to users. All affiliate links are clearly disclosed. Please see our full Advertising Disclosure for more details.

Limitation of Liability

Enertwist® shall not be liable for any lost profits or costs, or for special, indirect, incidental or consequential damages arising from any defects in products or services. Our maximum liability for damages shall not exceed the purchase price of the specific product or service giving rise to the claim.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Enertwist®

[email protected]

Nashville, TN 37217
United States

Thank you for shopping with Enertwist®!