BY ACCESSING, USING THE PERSANIX™ APPLICATION AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE DISCLAIMERS YOU AGREE TO THE DISCLAIMERS BELOW ON YOUR OWN BEHALF AND ON BEHALF OF THE PERSON LISTED IN THE ORDER, REGISTRATION, SIGN UP OR SIMILAR FORM (“ORDER FORM”). YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ENTITY THAT YOU WORK FOR AND YOURSELF TO THESE DISCLAIMERS. IF YOU DO NOT AGREE TO THESE DISCLAIMERS AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT ACCESS, OR USE THE PERSANIX™ APPLICATION.
Persanix LLC, a Connecticut limited liability company doing business as “Persanix” (hereafter, “Persanix”, “we”, “our” and/or “us”) is a technology company that provides software, software as a service (SaaS), electrical components, component accessories, and learning resources using the trademark “Persanix™”.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
1. Representations & Warranties#
Persanix represents and warrants that all Services will be provided in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Services will perform substantially in accordance with the online Persanix help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
At any given time Persanix may offer a variety of electronic components and other products (“Products”), at retail, through this Website and through social media pages maintained by us on Twitter®, Reddit®, and elsewhere. If the Product is manufactured by Persanix, Persanix will warrant the Product against defects in materials and workmanship under normal use for a period of ninety (90) days from the date of your retail purchase ("Warranty Period").
In the case of Products manufactured by persons or companies other than Persanix, Persanix will honor the manufacturer’s warranty period and warranty terms as the same have been communicated to Persanix and posted on our Website next to the Product listing. Should a Product defect arise and a valid claim be received by Persanix during the applicable Warranty Period, Persanix will, at its option, repair or replace the defective Product at no charge to you, substitute or replace the Product at no charge to you, or refund the purchase price of the Product, provided that you return the Product during the Warranty Period in accordance with our Returns and Exchanges Policy.
Persanix may use remanufactured, refurbished or serviceable used parts and modules in making warranty repairs. Repaired or replaced Products will be covered for the remainder of the Warranty Period. This warranty does not apply: (a) to damage caused by accident, abuse, misuse, use in hazardous activities, mishandling, flood, fire, earthquake or other external causes; (b) to damage caused by improper installation, misapplication, or operating the Product in a manner not authorized by Persanix or the manufacturer; (c) to a Product that has been modified to significantly affect functionality or capability without the prior written permission of Persanix or the manufacturer; or (d) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship.
We attempt to be as accurate as possible; however, we do not warrant that all Product descriptions, photographs, or other information on this Website is accurate, complete, current, or error-free. If a Product offered by Persanix is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on this Website, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
Our Refunds and Exchanges Policy can be found here: Returns and Exchanges Policy.
2. Disclaimer of Warranties#
PERSANIX AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. PERSANIX AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PERSANIX AND ITS LICENSORS.
With respect to Products sold by Persanix on the Website, the only Product warranty given by Persanix is the standard Persanix limited warranty to customers contained in Section 1 of these Disclaimers (the "Limited Warranty").
EXCEPT FOR THE LIMITED WARRANTY TO CUSTOMERS CONTAINED IN SECTION 1, PERSANIX MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY LAW, OUT OF ANY COURSE OF DEALING OR PERFORMANCE, CUSTOM, INDUSTRY STANDARD OR OTHERWISE, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE PRODUCTS, THE CONDITION, QUALITY, SAFETY, PERFORMANCE OR RESULTS OF THE PRODUCTS, THEIR MERCHANTABILITY OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
3. Internet Delays#
PERSANIX'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PERSANIX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
4. Limitation of Liability#
IN NO EVENT SHALL PERSANIX’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL PERSANIX AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
6. Disclaimer of Warranties as to Use Outside of the United States#
Persanix is a United States-based service. We make no representation that any aspect of the Services is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access the Services from other locations are responsible for compliance with applicable local laws.
7. Dispute Resolution#
In the event of a Dispute between you and Persanix relating to the actual or alleged breach by Persanix of any of the foregoing warranties (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in New Haven, Connecticut. In the event that there is any Dispute between you and Persanix that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the courts of the State of Connecticut for the Judicial District of New Haven or the United States District Court for the District of Connecticut.
8. Class Action Waiver#
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Questions and Suggestions#
If you have questions or suggestions, please contact us at:
310 Flanders Road #106
East Lyme, Connecticut 06333