Terms of service

ONLINE SALES TERMS AND CONDITIONS (“TERMS”)


In these terms and conditions "we" and "us" and "LYNXPA" means LYNXPA INC. and its related affiliated companies. "You" means you as the user of this Website or as a customer of LYNXPA. By visiting this website or placing an order through this website ("Website"), you engage in our “Services” and agree to the terms set forth below along with LYNXPA's Privacy Policy. These Terms together with your Order Confirmation constitute the contract between us and you for your purchase of our products. 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 carefully before accessing or using our website. We reserve the right to update, change or replace any part of these Terms 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.


General Conditions


By agreeing to these Terms, 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. 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.


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.


Additional LYNXPA Product Terms


The purchase and use of LYNXPA products is subject to additional terms and conditions found in our 3-Year Limited Warranty page.


Pricing, Price Corrections and Promotions


LYNXPA reserves the right to change prices for products displayed on the Website at any time, and to correct pricing errors that may inadvertently occur. Only one coupon code may be used per order. LYNXPA may cancel coupon codes or promotions at any time.


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.


Order Acceptance/Confirmation


LYNXPA may, in its sole discretion, refuse or cancel any order and limit order quantity. LYNXPA may also require additional qualifying information prior to accepting or processing any order. Once we receive your online order through the Website, we will provide you with an email Order Confirmation. Your receipt of such order confirmation, however, does not signify LYNXPA's acceptance of your order, nor does it constitute confirmation of our offer to sell - this merely confirms that we received your order. LYNXPA reserves the right at any time after receiving your order to accept or decline your order for any reason. If LYNXPA cancels an order after you have already been billed, LYNXPA will refund the billed amount. This Website does not process credit cards, or take other payment processing information. Payment processing is handled through third-party services. Your credit card will be pre-authorized for the total (or first payment) upon order, credit card is charged when the product is shipped.


LYNXPA sells and ships products to end-user customers only. LYNXPA reserves the right to refuse or cancel your order if we suspect you are purchasing products for resale. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the products you have purchased, you agree that we may, at our option, require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by any means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorneys' fees and other legal expenses.


To prevent any unnecessary delays processing your order, please ensure that the billing address on your order matches the billing information on your credit card account. If you have recently moved, or are unsure whether you receive your credit card statement at your work or home address, please contact your card-issuing bank.


Shipping & Delivery


LYNXPA ships items within the continental US, Alaska, Hawaii, Puerto Rico, Guam and Canada. Shipments can be made to P.O. Box addresses when shipping Smartpost and if the shipment is under 70lbs. Shipments can be made to United States territories. Shipments cannot be made to addresses outside of the United States or Canada. You may not export any products purchased through the Website. Additional shipping surcharges may be applicable on some orders based on the product selected and/or recipient's location. The delivery date of your order can be impacted by many events beyond LYNXPA's control once it leaves our facilities. For this reason, LYNXPA cannot be held liable for any delays in scheduled deliveries.


Product Availability and Limitations


Given the popularity and/or supply considerations for some of our products, LYNXPA reserves the right to limit the number of products available for purchase, and reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when LYNXPA confirms your order but subsequently learns that it cannot supply the ordered product. In the event LYNXPA cannot supply a product you ordered, we will cancel the order and refund your purchase price in full.


Return Policy


For any unopened product in its original, undamaged condition, you can return it to us along with the proof of sale within 60 days of the date you received the product. We will provide a refund of the purchase price. You are responsible for the cost of shipping. To return a product, please submit a request through our Returns Portal. More information on returns can be found on our Return Policy page.


Personal Information


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


Passwords and Security


If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. LYNXPA employees will never ask you for your password. The information we obtain through your use of this Website, including your registration information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms. You also agree to ensure that you sign out of your account at the end of each session on the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time (in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms).


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 email 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.


Limitations of Liability, Disclaimers, & Indemnification


Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Website shall be limited to the amount you paid us for products purchased on the Website during the 12-month period before the act giving rise to the liability. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney fees that may arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


IN NO EVENT SHALL LYNXPA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY ASSISTANCE (SUCH AS CREDIT CARD PROCESSORS) IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.


THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.


LYNXPA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Governing Law


These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the statutes and laws of the state of Wyoming, without regard to the conflicts of laws principles thereof. With respect to all matters arising under these Terms, you agree to and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts of the state of Wyoming having competent subject matter jurisdiction.


BY USING THIS WEBSITE, YOU:


  • acknowledge that you have read and understand this agreement in its entirety;

  • represent that you are at least  the age of majority in your state or province of residence and have the authority to enter into this agreement, 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;

  • agree to be bound by and to perform the obligations of this agreement;

  • agree that LYNXPA may charge your credit card account for the purchase price of the products, including related shipping and handling fees, and applicable taxes we are obligated to collect from you (if any) under this agreement; and

  • represent that all information provided by you to LYNXPA is true and accurate to the best of your knowledge. It is strongly recommended that you print a copy of this agreement for your records at this time.


Contact Information


Questions about the Terms should be sent to us at info@lynxpa.com.