1.1 By browsing the Website, or placing an Order, you unconditionally and irrevocably agree to these Terms and Conditions as set out below.
1.2 These Terms and Conditions apply to you, the Website user and your usage of the EHPlabs Website and associated social media platform, software, networks and processes, including the purchase
of goods or services through the Website.
In this Agreement:
Agreement means the terms and conditions contained in this document, including any relevant terms of any order placed by you the User through the Website (if applicable).
Customer means the person named on an EHPlabs invoice or sales document.
Delivery Cost means the relevant costs associated with the delivery of an EHPlabs Product as specified in an Order.
Goods means the Products listed in an Order.
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in:
(a) inventions, discoveries and novel designs, whether or not registered or registrable as patents, innovation patents or designs, including developments or improvements of equipment, technology, processes, methods or techniques;
(b) literary works, dramatic works, musical works, artistic works, cinematograph films, television broadcasts, sound broadcasts, published editions of works and any other subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may upon creation of the subject matter, subsist anywhere in the world;
(c) registered and unregistered trade marks and service marks, including goodwill in the business concerned in the relevant goods and/or services;
(d) trade, business or company names; and
(e) internet domain names, whether created or in existence before or after the Execution Date and includes any thing, whether tangible or intangible, which incorporates, embodies or is based on any of the things referred to in clauses (a) to (f) inclusive of this definition.
EHPlabs means EHPlabs LLC, a limited liability corporation registered in Delaware.
Material means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
Pre-sale means Products that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
Products means any items listed on the Website (for sale or otherwise), including extended warranties.
Website means the internet site located at the URL www.ehplabs.com and operated by EHPlabs.
In this Agreement:
(a) headings are for convenience only and do not affect interpretation;
(b) and unless the context indicates a contrary intention:
(c) person includes an individual, the estate of an individual, a corporation, a government authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
(d) a reference to a person includes that person's executors, administrators, successors, and permitted assigns, including persons taking by way of novation;
(e) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(f) a reference to $ is to the lawful currency of the United States of America;
(g) a reference to a statute includes its delegated legislation and a reference to a Statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;
(h) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
(i) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(j) where the day on or by which any sum is payable or any act, matter or thing is to be done is a day other than a Business Day, that sum must be paid and that act, matter or thing must be done on the immediately succeeding Business Day; and
(k) includes in any form is not a word of limitation.