Terms of Use
Purchase agreement
By accepting delivery of any product delivered from FamilyCarGear.com and its owner Polglobe LLC ("FamilyCarGear "), you ("customer") agree to be bound by the terms and conditions listed below. You and FamilyCarGear agree that the following terms and conditions are the exclusive terms governing the sales transaction between customer and FamilyCarGear. Any attempt to alter, supplement, modify or amend these terms and conditions by the customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from FamilyCarGear.
An order is not binding upon FamilyCarGear until it is accepted; FamilyCarGear must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment.
Product listings
FamilyCarGear strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our web site is labeled with an incorrect price due to some typographical, informational, technical or other error, FamilyCarGear shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Moreover, if a product offered by FamilyCarGear itself is not as described, your sole remedy is to return it in unused condition. Additionally, all hyperlinks to other web sites from FamilyCarGear are provided as resources to customers looking for additional information and/or professional opinion. FamilyCarGear does not assume responsibility for the claims and/or representations made on these or any other web sites.
Product revisions
FamilyCarGear is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, FamilyCarGear puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. FamilyCarGear relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, FamilyCarGear will not be held responsible for product revision changes.
Technical support
FamilyCarGear does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, provide technical support or sales advice make product recommendations beyond customer/tester reviews which are subjective opinions and are not binding. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at FamilyCarGear.
Product reviews
FamilyCarGear reads all reviews before posting them and reserves the right to deny any review.
Here are some of the things that can cause a review to be denied:
• Offensive or abusive language.
• Prices and availability can change very quickly on the FamilyCarGear web site, so please leave such information out of your review.
• Hyperlinks/URLs.
• References to other stores/resellers.
• Comments on products that were either physically damaged or misused.
• Comparisons to competing brands/products of competing brands.
• Criticism of FamilyCarGear’s service or the service of our operations partners. (FedEx, UPS, PayPal, etc.)
• Illegal content
• Invasions of personal privacy
• Pornography or obscenity
• Hate or incitement of violence, threats of harm or safety of a person
• Graphic violence or other acts resulting in serious injury or death
• Any other violation of laws.
Warranties; all product sold "as-is" or "with all faults"
FamilyCarGear is a distributor only. Products sold by FamilyCarGear are not manufactured by FamilyCarGear. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if present). FamilyCarGear assigns and passes through to the customer any warranty of the manufacturer, and customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. FamilyCarGear makes no representation or express warranty with respect to the product except those stated in this document. FamilyCarGear disclaims all other warranties, express or implied, as to any such product, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance.
All items sold through FamilyCarGear are sold "as-is" or "with all faults." the entire risk as to the quality and performance of these items is with the buyer. Should any of these items prove defective, do not function, or function improperly in any way following their purchase and warranty period, the buyer, and not the manufacturer, distributor, or FamilyCarGear , assumes the entire cost of all necessary servicing or repair.
Arbitration
Any controversy or claim arising out of or relating to rules and regulations shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the state of Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or FamilyCarGear may seek any interim or preliminary relief from a court of competent jurisdiction in the state of Michigan necessary to protect rights or property pending the completion of arbitration.
By visiting FamilyCarGear, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and FamilyCarGear.
Limitation of liability
In all circumstances FamilyCarGear’s maximum liability is limited to the purchase price of the products sold. FamilyCarGear shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit. FamilyCarGear shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not FamilyCarGear has been made aware of the possibility of such claims or damages. Moreover, in no event shall we be liable for lost profits or any special, incidental, or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by FamilyCarGear on an "as is" and "as available" basis, unless otherwise specified in writing. FamilyCarGear makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, FamilyCarGear disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. FamilyCarGear does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from FamilyCarGear are free of viruses or other harmful components. FamilyCarGear will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Other policies
You might choose to leave our site via links to other sites, including those of advertisers. FamilyCarGear is not responsible for the privacy policies or the content on those sites, nor is it responsible for the cookies those sites might deposit on your hard drive.
FamilyCarGear does not price match competitors
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FamilyCarGear or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FamilyCarGear and protected by US and international copyright laws. All software used on this site is the property of FamilyCarGear or its software suppliers and protected by United States and international copyright laws.
