Terms Of Use

CONTENTS

 

INTRODUCTION

SECTION 1 - STORE TERMS

SECTION 3 - GENERAL CONDITIONS

SECTION 4 – ACCURACY OF WEBSITE INFORMATION

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES SECTION 6 - PRODUCTS OR SERVICES

SECTION 7 - GENERAL TERMS AND CONDITIONS OF SALE SECTION 8 – DISCLAIMER OF WARRANTIES

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION SECTION 10 - THIRD-PARTY LINKS

SECTION 11 - PRIVACY POLICY SECTION 12 - PROHIBITED USES

SECTION 13 - LIMITATION OF LIABILITY SECTION 14 - MISCELLANOUS

 

INTRODUCTION

The following terms and conditions (“Terms of Service”, “Terms”) govern your use of the website at www.makeitlabus.com (“Website”) operated by Innovation Lab, Inc. (“Innovation”), and/or the purchase of any product or service made on-line or through a sales representative (“Service” or “SERVICE”).

BY USING THE WEBSITE, PURCHASING SERVICES, AND/OR ACCESSING, DOWNLOADING, OR USING THE CONTENT, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH INNOVATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE, PURCHASE SERVICES, OR ACCESS, DOWNLOAD, OR USE THE CONTENT.

Throughout the site, the terms “we”, “us” and “our” refer to Innovation. Innovation offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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


posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.

CONTINUED PURCHASE OF SERVICES AND/OR CONTINUED USE OF THE WEBSITE FOLLOWING ANY CHANGE CONSTITUTES ACCEPTANCE OF THE CHANGE.

 

SECTION 1 - STORE TERMS

  • By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state 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 such products, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

  • A breach or violation of any of the Terms will result in an immediate termination of your

 

SECTION 2 – WEBSITE RESTRICTIONS

  • You may not scrape the Website, or use any deep-links, robots, spiders, or any other automated program or process, or equivalent manual process, to access, copy, harvest, scan, or monitor the Website and its contents. You cannot upload files containing any malware, including without limitation viruses, Trojan horses, worms, time bombs, cancelbots, or any other software or programs that may damage the operation of the Website or the property of another individual or entity.

 

  • You will not attempt to gain unauthorized access to any feature or portion of the Website or violate the security and integrity of the Website. Please be informed that Innovation reserves the right to investigate any suspicious, improper, or unlawful activities on the Website and may block any such activities.

 

  • Additionally, you cannot use the Site in a way that could interfere with other party’s use or enjoyment of the Site, or to harass, stalk, or harm anyone. You may not impersonate any other individual or entity when using the Site.

 

 

SECTION 3 - GENERAL CONDITIONS

  • We reserve the right to refuse Service to anyone for any reason at any

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.

 

SECTION 4 – ACCURACY OF WEBSITE INFORMATION

  • Occasionally there may be information on our Website 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 are not responsible if such information is not accurate, complete or current. The material provided by us should be used for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

 

  • 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 the Website, including without limitation, pricing information, except as required by No specified update or refresh date applied in the Service or on the Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

 

 

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

  • Descriptions of products and prices for our products either (i) published in our Website, or (ii) provided by a sales representative, are subject to change at any time without notice, at the sole discretion of us.

 

  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - PRODUCTS OR SERVICES

  • Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy herein.

 

  • We have made every effort to display as accurately as possible the colors and images of our products that appear at the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

  • We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case

 

  • We reserve the right to limit the quantities of any products or services that we

 

  • Any offer for any product or service made on the Website is void where

 

  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

  • We only sell factory new products. Defective products are subject exclusively to the manufacturer’s warranty and are the sole responsibility of the manufacturer.

 

SECTION 7 - GENERAL TERMS AND CONDITIONS OF SALE

  • Definitions
    1. “Defective” product means any item that contains manufactured defects which prevents it from being used for its intended purpose.
    2. “Special” product means any special-order items, non-stock items, custom fabricated items, and commercial line items.
    3. “Unopened” product means any item that has not been opened and unwrapped from original packaging (foam wrapping removed/tape removed, cords unwrapped).
    4. “Used” product means any item that has been opened and used, including products with missing part(s) (including, but not limited to, accessories, manuals, warranty registration cards, original manufacturer packing materials and retail packaging).

 

  • Prices
    1. The price for a product is the price in effect at the time we receive your We may change prices from time to time. Occasionally, the Website may have an incorrect price for an item. If that happens, we will notify you before the item is shipped.

  1. All prices are in S. Dollars. Prices listed on the Website do not include sales tax or shipping charges.

 

  • Orders
    1. Your order must be placed (i) using the order form provided on the Website, or (ii) completed by a sales representative. You must complete and provide all information requested on the form for the order to be processed. All orders are subject to acceptance by Innovation.

 

  • Incorrect Address Provided
    1. Any item that is returned to sender due to an undeliverable address will be subject to additional shipping charges.
    2. When we receive the package in our warehouse, we will issue a credit to the original credit card for the purchase price less the actual shipping cost. This shipping charge will apply even if you were not originally charged shipping under a free shipping promotion.

 

  • Return Merchandize Authorization
    1. No return of any product will be accepted without a return merchandize authorization (“RMA”) issued by Innovation. Please contact us to process your request for an RMA.

 

  • No Return or Refund for Special or Used Products
    1. INNOVATION DOES NOT ACCEPT RETURNS OR PROCESS REFUNDS

FOR SPECIAL OR USED PRODUCTS. Also, given the nature of downloadable digital items and on-demand items, we do not offer this return for digital purchases, like software or online courses.

 

  • Types of Returns
    1. Return of Unopened Products
      1. We offer a 7-day return for exchange/credit from date of purchase for any Unopened products. Innovation does not offer returns or refunds for Used
      2. Contact us for an RMA. You may either choose to exchange your Unopened product for any other product sold by us or for a refund of the purchase price. Your refund may be subject to a 30% restocking fee if not
  • Upon receipt, your return will be reviewed and inspected by our warehouse staff. Once the condition of the Unopened product has been verified, we will process your exchange or refund as applicable.
  1. Shipping and handling fees are not
  2. Customer shall be responsible for all return shipping charges, including shipping charges of exchanged products.

  1. Defective Products
    1. CLAIMS RELATING TO DEFECTIVE PRODUCTS ARE SUBJECT TO THE MANUFACTURER’S WARRANTY AND APPROVAL.
    2. You must file all Defective product claims of products sold by Innovation, directly with us.
  • Contact us for an RMA to process your Defective product claim. We will request a detailed description of the defect including lot number, batch number, serial number, etc.
  1. We will send you return instructions and a shipping label to have the Defective product returned to us. The Defective product must be shipped to our warehouse within 15 days after the RMA is processed.
  2. Subject to the manufacture’s approval and sole discretion, we will repair the Defective product or send you a replacement We will also require that the defective item be returned to our warehouse within 15 days after the RMA is processed.

 

  1. Products Damaged in Traffic
    1. If the packaging has been damaged and you suspect the product is damaged, contact us within 2 business days from the delivery date for an RMA. Innovation cannot process a return if you do not timely process your RMA.
    2. Please retain the outer carton, manufacturer packaging, its contents and ALL packaging materials until the carrier claim is processed. If you dispose of the outer carton and other packaging, the carrier may deny the claim due to insufficient evidence.
  • We will request that you provide us with pictures of the damage before unpacking the product. Please provide pictures of the carton’s exterior reflecting the damage, interior packaging materials, images of the damaged item as well as a photo of the shipping label/ bill of lading on the box are required. If the damage is not readily apparent, please identify on the photo where the damage occurred. Take a photo of the serial number on the equipment.
  1. At our sole discretion, we will process a full or partial reimbursement of the purchase price for the damaged product.
  2. Shipping and handling fees are not

 

  1. Incorrect or missing items in your shipment
    1. Contact us for an
    2. For incorrect items, we will send you the correct item and also require that the incorrect item be returned to our warehouse within 7 days after the RMA is processed. We will send you return instructions and a shipping label to have the item returned to us.
  • For missing items, we will at out sole discretion send you the missing item or process a partial reimbursement of the purchase price.

  1. Shipping and handling fees are not
  • Refund Processing
    1. We will refund your purchase in the same payment form as originally tendered. This usually takes a minimum of 5 business If your refund is by credit card, this may take an additional 2-10 business days depending on the credit card company.

 

  • Payment Issues
    1. Innovation may exercise any lawful remedy if a dispute arises over payment. Without limiting the preceding sentence, if your credit card institution refuses to pay us, we may cancel the order or delay We will also be entitled to all reasonable costs of collection, including attorneys' fees.

 

  • Shipping Information
    1. If everything you order is in stock, we generally ship your order within one (1) business day of receipt of your order and verification of your credit card.
    2. Estimated delivery dates are based upon orders received by 1 PM Eastern Time, Monday through Friday, excluding holidays. If your order is placed and approved before 1 PM Eastern Time Monday through Friday, it will generally ship on the next 3 business days from our warehouse. No orders are shipped or delivered on weekends or holidays. We cannot guarantee any particular delivery date. Items ordered together may ship separately.
    3. Delivery takes approximately 5 to 8 business days once your order has been processed. Please note this may not account for service delays from our preferred
    4. We are unable to ship to addresses outside of the U.S. If you need products for your travel outside of the U.S., please plan your needs in advance of travel or arrange for a U.S. addressee to serve as your package forwarder.

 

  • Canceling an Order
    1. We only cancel orders that have not been shipped. Please contact promptly after receipt of an order, to process its cancellation. SPECIAL PRODUCT ORDERS CANNOT BE CANCELLED.

 

  • Back Orders
    1. On the Website we try to offer only items currently in stock. However, it is possible that an item ordered will not be in stock. If this happens, we will send you an e-mail letting you know. In the e-mail we will ask you whether you would like us to ship the in-stock items on your order immediately, and to send you a follow-up e-mail when your selected out-of stock item(s) return to stock. The follow-up e-mail will be provided solely as a reminder to you that the item is in stock. We will not ship the item unless you return to the Website after notification and reorder the We regret that it is not always possible to estimate when out-of-stock items will return to stock.

  • Sales Tax
    1. All product or services sold are subject to
    2. If you qualify to make a purchase on a tax-exempt basis, please contact us to process your order and to verify your tax-exempt status.

 

  • Refusal of Delivery
    1. If you refuse the delivery of purchased product and not process an RMA as required under this Section, you will be responsible for actual shipping charges incurred by Once we receive the package back in our warehouse, we will issue a credit to the original payment method for the purchase price less the actual shipping cost of shipping the package to you. This shipping charge will apply even if you were not originally charged shipping under a free shipping promotion.
    2. The purpose of this is to defray unnecessary shipping costs and to allow us to offer the lowest prices possible.

 

  • RMA Contact Information
    1. To process your RMA, please contact us at info@makeitlabus.com and 305-721-0459, Monday through Friday from 9:00 AM to 5:00 PM Eastern Time.

 

SECTION 8 – DISCLAIMER OF WARRANTIES

  • WE PROVIDE OUR SERVICE AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” ANY WARRANTY ON ANY PRODUCT SOLD BY INNOVATION IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. WE MAKE NO REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIES, WITHOUT LIMITATION, AS TO THE WARRANTIES OR CONDITIONS OF TITLE; IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; THE OPERATION OF THE SERVICES; OR THE INFORMATION CONTENT, MATERIAL, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES.

 

  • ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE WEBSITE OR PROVIDED TO YOU IS ACCURATE, COMPLETE, OR CURRENT, AND THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

  • We reserve the right to refuse any order you place with We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 10 - THIRD-PARTY LINKS

  • Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 11 - PRIVACY POLICY

  • Your submission of personal information through the store is governed by our Privacy Policy. Please access our Website to view our Privacy Policy.

 

SECTION 12 - PROHIBITED USES

  • In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service: (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 the Website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

 

SECTION 13 - LIMITATION OF LIABILITY

  • YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, INNOVATION WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF INNOVATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, INNOVATION WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES.

 

  • YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, INNOVATION WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF

ANY THIRD PARTY. 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.

 

SECTION 14 - MISCELLANOUS

  • Indemnification: You agree to indemnify, defend and hold harmless Innovation and our parent, subsidiaries, 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 of Service 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 of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  • Entire Agreement: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. You hereby waive any defense that Innovation was responsible for drafting these Terms, and that any ambiguities should be construed against Innovation. If an ambiguity or question of intent or interpretation arises, these Terms will be construed as if drafted jointly between Innovation and you, and no presumption or burden of proof will arise favoring or disfavoring any party because of the authorship of any provision of these Terms.

 

  • Titles and Headings: Headings are inserted for your convenience only and are not to be considered when interpreting this Agreement.

 

  • Governing Law: These Terms of Service and the performance under this Agreement, and all suits and special proceedings under these Terms, will be construed in accordance with and governed by the laws of the State of Florida, to the exclusion of the law of any other

 

  • Jurisdiction and Venue: You agree to submit to the exclusive jurisdiction of the State Court sitting in Miami-Dade County, Florida, in any action or proceeding arising out of or relating to these Terms, and irrevocably agree that all claims in respect of such action or proceeding shall be heard and determined exclusively by the State Court sitting in Miami-Dade County, Florida. Nothing in this provision shall prohibit Innovation from bringing an action to enforce a money judgment in any other jurisdiction.

 

  • Attorney’s Fees and Costs: If any legal action is brought with respect to these Terms (including, but not limited to, any action to construe, reform, enforce or terminate this Agreement), the prevailing party shall be entitled to recover its reasonable attorneys’ fees and litigation costs, including expert witness fees, if any, incurred in connection with the legal action at all levels of litigation including any and all appellate levels, in addition to any other relief it may obtain or to which it may be entitled.

  • Contact Information: any notice required under these Terms shall be in writing and shall be delivered to Innovation at: info@makeitlabus.com