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Terms of Use

 

Thank you for visiting GadgetDuck.com™.  By visiting, using, and/or shopping at this website, you agree to the Terms of Use set out below and the terms of our Privacy Notice.  Please read this material carefully.  

ELECTRONIC COMMUNICATIONS

When you visit GadgetDuck.com or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button, icons, and images, is the property of GadgetDuck.com, and/or related entities, including individuals, and is protected by United States and international copyright laws.

TRADEMARKS

Scanner Bag, Gadget Duck, Knee Defender, Knee Defenders, Baby Defender, Got Legroom, Knee Blocker, Knee Keeper, Laptop Defender, Leg Defender, Legroom Defender, Legroom Saver, More Legroom, Notebook Defender, Defender, Plane Guard, Plane Helper, Plane Room, Seat Blocker, Seat Stop, and Seat Stopper, whether or not in Internet domain-name format, such as with any spaces removed and a TLD designator appended, when associated with a device serving the purposes or similar purposes of the Knee Defender™ device found at this website, are trademarks of Right Brain, Ltd., LLC   "Standing up for the right of the tall guy to sit down." and "Courtesy Card" are also trademarks of Right Brain, Ltd., LLC.

LICENSE AND SITE ACCESS

No content from anywhere on this website may be reproduced (other than for automatic, temporary cache purposes), nor may any content be framed or otherwise included by another website or other such system, without express, written permission from GadgetDuck.com.  Individual, personal use is excepted.

All visitors, whether human or robot, must comply with instructions contained in the site robots.txt file and the robots meta tags of individual pages regarding accessing, indexing, following, and archiving/caching pages and other files.

DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

THIS SITE IS PROVIDED BY GADGETDUCK.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KNEE DEFENDER, LTD., LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  KNEE DEFENDER, LTD., LLC  DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GADGETDUCK.COM AND/OR BY GADGETDUCK.COM  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  GADGETDUCK.COM  WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF 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.

ORDERS

All orders placed at this website are accepted subject to product availability.  If product will not be available within a reasonable period of time after an order has been placed, the purchaser will be so informed, any amounts paid will be refunded in full, and any pending payments will be cancelled. Additionally, we reserve the right to cancel any order if, in our sole discretion, it would not be in our interests to do otherwise.  In such a situation, any amounts paid will be refunded in full, any pending payments will be cancelled, and the purchaser will be informed of the order cancellation.  Such refund/cancellation is the only remedy in this situation. Such refund/cancellation is the only remedy in this situation. And, as a non-exclusionary example of such terms and conditions, no one using this website may place an order for the purpose of resale, including "resale" by drop-shipping (e.g., in order to have us fulfill some pending/prior order).

"LIMITED TIME OFFERS"

An offer of a special price here below the regular sales price is a "limited time offer" and as such may be withdrawn or modified at any time and without notice.

Also, as stated at our FAQ, any refund for items returned under our published return policy will not include shipping and handling charges.  With regard to any order shipped under a "free shipping" offer that may be made and a subsequent request for an RMA and a refund, the S&H charges computed under our regular terms shall be deducted as if they had been applied to the order. 

COUPON CODES

The use of Coupon Codes (aka Discount Codes) at this website is subject to certain Terms & Conditions, as described here. Coupon Codes are designed to provide selected consumers with certain specified discount benefits at this website. Coupon Codes are distributed to consumers only via e-mail. While original e-mail recipients of Coupon Codes may redistribute the Codes to others, and such other recipients may do the same, such redistribution may only be by a single e-mail or, in the aggregate, to a small group of other consumers. Coupon Codes may not be redistributed by posting at any website, newsgroup, forum, BBS, or the like, nor by any other publication, whether electronic, audio, or print, nor by means of a "mailing list" or the like, nor by broadcast (such as radio, television, podcast, P2P system, RSS feed, or the like). This website reserves the right to refuse acceptance of a Coupon Code submitted by someone who has received the Code directly from us, even after the Code has been accepted and payment has been received (in the latter case, a refund will be provided). A determination as to whether a consumer has received a Coupon Code via a prohibited means is entirely and solely within the discretion of this website, and any remedy is limited to a full refund. Unless otherwise explicitly stated in writing by this website or by an entity authorized by this website, Coupon Codes may not be combined. While a Coupon Code may be distributed with a stated expiration date or the like, this website may entirely and solely within its discretion extend the time period in which it will accept Coupon Codes. Additionally, this website may entirely and solely within its discretion reduce or cancel the time period in which it will accept Coupon Codes in case of limited inventory on hand, in order to prevent abuse of the Coupon Code program, or due to technical difficulties. Coupon Codes have no cash value.

SALES/DISCOUNTS

Special sales/discounts that may be offered from time to time are offered for a limited time only. Special prices/discounts offered during such special sales/discounts may not be applied to prior sales transactions. Special prices stated as discount percentages are applicable only when specified quantities of specified products are purchased and are not applicable to any products not specified or to shipping and handling charges, unless otherwise stated directly. Discounts/sales prices shall be displayed during the check-out process rather than directly on product page, unless otherwise indicated. Only a single percentage discount can be applied to any product or specified group of products, i.e., percentage discounts shall not be applied cumulatively. Also, Coupon Codes may not be combined with special prices/discounts, or vice-versa, unless otherwise stated directly. If a discount/sale price (even if in combination with a Coupon Code) is applied in error during the check-out process, the sale may be cancelled at the seller's discretion, in which case the prospective buyer shall be notified via e-mail and any monies collected by the seller from the buyer shall be promptly refunded in full. Even in the event of such an error, a sale cancellation shall not be made if ordered products have been delivered to the buyer, provided that the buyer has acted in good faith and non-fraudulently.

APPLICABLE LAW

By visiting GadgetDuck.com, you agree that the laws of the Washington, D.C., without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GadgetDuck.com or any of its related entities, including individuals.

DISPUTES

Any dispute relating in any way to your visit to GadgetDuck.com (directly or through its affiliated Internet domain names or IP addresses) or to your purchase and/or use of products from GadgetDuck.com shall be submitted to confidential arbitration in the Washington, DC, metropolitan area, except that, to the extent you have in any manner violated, threatened to violate, or otherwise place at risk of being damaged any intellectual property rights of GadgetDuck.com, or any of its related entities, including individuals, GadgetDuck.com or any such related entity may seek injunctive or other appropriate relief in any local or federal court in Washington, DC, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to this site, our policies, and these Terms of Use at any time.  If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severed and shall not affect the validity and enforceability of any remaining terms.

 

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