PURCHASE TERMS AND CONDITIONS

A. ACCEPTANCE AND CANCELLATION OF ORDERS

1. You are entitled to revoke your purchase of Products if we are unable to provide or deliver the Products you ordered. Notwithstanding the foregoing, SINBON may provide partial deliveries of Product ordered, provided that the total number of Products ordered by you is delivered.

2. Any modifications, rescheduling, change orders, cancellations, reductions or replacement of any Products ordered by you following initial submission to the Web Shop are expressly prohibited, except as permitted under applicable law.

3. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

4. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

B. DELIVERY AND TITLE

Title to Products passes to you when SINBON makes such Products available for shipment. Delivery dates for any Products (and the performance of any services) are not binding upon SINBON until confirmed in writing by SINBON, and such confirmation is subject to your providing all information and documentation requested by SINBON. Deliveries are subject to the “FORCE MAJEURE” terms, below, and we are not responsible whatsoever for any delays attributable to any thirdparty courier for any Products. We may inform you of delays affecting any Products you may have purchased from SINBON. You may request to hold the shipment of Products for shipment at a later date, subject to our written acceptance, which we may grant or withhold in our sole discretion. Any such Products you elect to withhold are subject to our then applicable storage policies, including with respect to any monthly storage fees and maximum storage periods (including any disposition of such withheld Product, which may be to third parties).

C. RETURNS

1. If you return any Products you must complete such returns to SINBON within 30 days of your receipt of such Products.

2. You are solely responsible for all return shipping charges and you hereby agree to prepay such charges. Your right to return any Products is subject to SINBON’s acceptance of such return, as SINBON determines in its reasonable judgment. SINBON will not accept COD shipments under any circumstances.

3. Any returns of Products must be sent with all Product in original packaging and in new condition.

D. PRODUCT DESCRIPTIONS

Product descriptions may from time to time contain typographical or other errors or omissions.  We reserve the right to correct such errors but we do not guaranty that all Product descriptions will be accurate or complete.

E. PRICES

Prices of Products are exclusive of all sales taxes, value added taxes and any shipping costs. Prices are subject to change without notice.

F. TERMS OF PAYMENT

1. Payment for Products must be made on our Web Shop via PayPal (include credit card [Visa & MasterCard]). If you are a new customer to the Web Shop, your credit card billing information must be verified prior to your first shipment of Products to you.

2. You are not permitted to withhold or setoff any payments owed to us for the purchase of any Products, except as may be permitted under applicable law.

3. We may employ the use of thirdparty services for the purpose of facilitating payment and the completion of Product purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

G. SALES TAX

1. Prices of Products on our Web Shop do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes.

2. The aforementioned taxes are in addition to the purchase price of the Products, and you are solely responsible for all such taxes.

3. SINBON may assess and retain any applicable sales tax unless you have a valid sales tax exemption certificate on file with SINBON. SINBON is not required to refund tax amounts collected in the event a valid sales tax certificate is not provided.

H. LIMITED WARRANTY

SINBON provides a limited warranty (“Limited Warranty”) for all Products sold through our Web Shop.  This Limited Warranty covers replacement of Products or parts of Products to correct any defects in the materials and workmanship of the Product.  This Limited Warranty provides coverage for ninety (90) days after your receipt of such Products and is personal to and extended only to the original purchaser.

This Limited Warranty does not cover any of the following:

• Any labor (only replacement parts are provided under this Limited Warranty);

• Any defect or damage caused by any misuse, neglect, accident, fire or flood (or other acts of God), tampering by animals, or improper installation or maintenance;

• Any part that has been modified, neglected, vandalized, or repaired or replaced with an unauthorized part, component, or accessory;

• Any damages due to ordinary wear and tear;

• Any cosmetic issues such as scratches, dents, corrosions or discoloring by heat, abrasive or chemical cleaners, or tools; and

• Any fees or damages you may incur (such as inconvenience, loss of time or money) while a claim under this Limited Warranty is being processed.

ANY IMPLIED WARRANTY APPLICABLE TO YOUR PURCHASE OF A SINBON PRODUCT, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, IS EXPRESSLY DISCLAIMED.

To submit a claim under this Limited Warranty, please use contact us or email to ix@sinbon.com. For any defect that qualifies for a replacement Product or part(s) under this Limited Warranty, SINBON will deliver the replacement Product or part(s) to you, at our expense, except for charges for any special handling (e.g., second-day or overnight delivery) requested by you.

SINBON owns all title and interest to any parts or Products upon your return of such parts or Products to us.

I. RoHS COMPLIANCE AND LEAD-FREE POLICY

All our products are RoHS Compliant or lead free.

J. LIMITATION OF LIABILITY

IN NO EVENT SHALL SINBON BE LIABLE FOR, ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES, FOR ANY LOST PROFITS, OR FOR ANY PUNITIVE OR EXEMPLARY DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FREETOUCH’S TOTAL LIABILITY UNDER THESE PURCHASE TERMS SHALL NOT EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID FOR PRODUCTS HEREUNDER.

K. FORCE MAJEURE

SINBON will not be liable for any delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, supply chain disruptions, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government actions, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. SINBON's time for delivery or performance shall be extended by the period of such delay or SINBON may, at its option, cancel any order or remaining part thereof, without incurring any liability, by providing written notice to Client.

WEBSITE TERMS OF USE

A. ACCESS AND USE OF THE SITE

SINBON provides you with access to and use of SINBON’s website (“Website”) subject to your compliance with these Website Terms of Use (“Terms”). No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in these Terms. By accessing or using the Website, including purchasing products or services in connection with the Website, you represent that you are at least 18 years old and agree to be bound by these Terms. If you do not meet the age requirement or do not agree, you must immediately discontinue your use of the Website.

SINBON reserves the right, at any time, to update or modify these Terms. Your continued use of the Website following any such changes constitutes your acceptance of the updated terms.

B. SITE CONTENT

The Website, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Website in whole or in part, for any public or commercial purpose without the specific written permission of SINBON.  We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so.

C. LICENSE

We grant you a personal, non-exclusive, non-transferable license to access our Website and to use the information and services contained here. Except as otherwise provided, use of the Website does not grant you a license to any Content, features or materials you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by SINBON.  If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Website for any purpose, subject to the express provisions of these Terms.

D. SPECIFIC PROHIBITED USES AND SECURITY RULES

The Website may be used only for lawful purposes by individuals using authorized services of SINBON.  You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website. SINBON specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own;

• Impersonating another person;

• Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

• Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

• Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

• Posting material that infringes on any other intellectual property, privacy or publicity right of another;

• Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control laws;

• Attempting to interfere in any way with the Website’s or SINBON’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system.

Violations of system or network security may result in civil or criminal liability. SINBON will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.  You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

• Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

• Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or

• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

E. PROPRIETARY RIGHTS

As between you and SINBON, (or other company whose marks appear on the Website), SINBON (or its respective licensors) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the Content and/or information on the Website, unless otherwise indicated. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of SINBON or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

The SINBON logos and service names are trademarks of SINBON.  Without our prior permission, you agree not to display or use SINBON logos, service names or trademarks in any manner.

F. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  SINBON DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  SINBON MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

G. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SINBON, NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF SINBON OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL SINBON BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE.

H. GENERAL

The Terms constitute the entire agreement between you and SINBON and govern your use of the Website, superseding any prior agreements between you and SINBON.  You also may be subject to additional terms and conditions that are applicable to certain parts of the Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between SINBON and you as a result of these Terms or your use of the Website.

Any claim or cause of action you may have with respect to SINBON or the Website must be commenced within one (1) year after the claim or cause of action arose.

The failure of SINBON to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

The Terms inure to the benefit of SINBON’s successors, assigns and licensees.  The section titles in the Terms are for convenience only and have no legal or contractual effect.