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Terms of Service
These terms of service (“Terms”) govern your use of any website or mobile application owned or operated by EverKineticElectricPeople, its subsidiaries and affiliates, including Icarus HQ LLC websites around the world (collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by EverKineticElectricPeople, in its sole discretion, at any time, without prior written notice. Any changes to these terms will be in effect as of the “Last Updated Date” referenced on the Site. Therefore, you should review these Terms prior to using the Site.
Please read the entire agreement. By using and ordering from this website you agree on your behalf personally, and on behalf of any entity for which you are an agent or you appear to represent, (collectively and individually “you”, “your”, or “user”) to each of the Terms set form herein. By ordering Products through the Site or by mail, e-mail, phone, fax, or any other method, you agree on your behalf personally and on behalf of any entity for which you are an agent or you appear to represent to the Terms. If you do not agree, please do not use this site. If you have any questions or concerns, feel free to contact us.
1. Website use
You agree to use the Site only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree that you will not access or attempt to access the Site other than through the interface that is provided by EverKineticElectricPeople, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of EverKineticElectricPeople. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which EverKineticElectricPeople may suffer) of any such breach.
2. Returning Purchased Items
We can only accept returns of unopened kits and products, within 30 days of receipt (28 days from shipment for international orders). Return shipment is the responsibility of the customer. All returns are credited as store credit upon receipt. Please contact us before returning any package. Contact us if you have any issues and we'll do our best to help.
3. Product Testing
EverKineticElectricPeople, like other online retailers, ships items in the condition they were received from the original manufacturer/distributor. EverKineticElectricPeople does not conduct product testing before shipping any merchandise.
4. Payment
We accept credit card and Paypal as payment for orders. We do not accept Paypal eChecks. Due to potential fraud and misuse, we may not to ship an order, or request additional verification information for credit card, or Paypal payments. Credit cards must clear the authorization process and are only charged before shipment. Payments through Paypal are always charged at time of order. For school or organizations requiring a Purchase order (orders over $250) - please contact us.
5. Safety
Technology and the laws and limitations imposed by manufacturers and content owners are constantly changing. Thus, some of the projects described may not work, may be inconsistent with current laws or user agreements, or may damage or adversely affect some equipment. Your safety is your own responsibility, including proper use of equipment and safety gear, and determining whether you have adequate skill and experience. Power tools, electricity, and other resources used for these projects are dangerous, unless used properly and with adequate precautions, including safety gear. Some illustrative photos do not depict safety precautions or equipment, in order to show the project steps more clearly. These projects are not intended for use by children. Use of the instructions, kits, projects and suggestions on EverKineticElectricPeople is at your own risk.
EverKineticElectricPeople disclaims all responsibility for any resulting damage, injury, or expense. It is your responsibility to make sure that your activities comply with applicable laws, including copyright. Always check the webpage associated with each project before you get started. There may be important updates or corrections! The United States Fire Administration (USFA) has a guide and many simple steps you can take to prevent the loss of life and property resulting from electrical fires. If you feel uncomfortable with assembling any project or kit, simply contact us to return it for a full refund. EverKineticElectricPeople is not responsible for your shipping product function or certification if you choose to use our products in your design.
6. Product Listings
Prices and availability of products are subject to change without notice. EverKineticElectricPeople strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. EverKineticElectricPeople reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. EverKineticElectricPeople shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Web site contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your credit card has been charged for the purchase, EverKineticElectricPeople will issue a credit to your credit card account in the amount of the charge.
7. Product Revisions
EverKineticElectricPeople is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, EverKineticElectricPeople 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. EverKineticElectricPeople 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, EverKineticElectricPeople will not be held responsible for product revision changes.
8. Third-Party Links
In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, we have no control over these linked sites. If you use these links, you will leave EverKineticElectricPeople.com, and we are not responsible for any content, materials or other information located on the linked website. If you decide to check out any of the linked websites, you do so entirely at your own risk.
9. Contact Information
If you have any questions about these terms, please contact us using our "Contact Us" page.
10. Shipping
Orders usually ship within 1-2 business days. When you place your order, please allow time for processing in addition to the time it takes for the box to get to you once it has shipped. Once your order is shipped you will receive an email with any tracking information available -- you can check order status by logging into your account. Keep in mind the UPS service guarantee is suspended if delays are caused by bad weather or other disasters. We cannot refund shipping fees if your package arrives late due to snow or other natural disasters anywhere along your package's route, including (but not limited to) earthquakes, terrorism, tsunamis, etc. We may not always be able to ship to some mail forwarders and/or PO Boxes depending on location or if there are known fraud/theft issues with a specific mail forwarder. See our Shipping and Returns page for more information.
For all international orders (except when shipping with DHL Express Worldwide), you are responsible for any VAT, tariff, duty, taxes, handling fees, brokerage charges, customs clearance charges, etc. required by your country for importing consumer goods. UPS, first class and express mail are eligible for these fees. There is no way for EverKineticElectricPeople (the shipper) to predict your country's customs/fee habits, so be prepared to pay full VAT on the fully declared value of your order as well as any customs fees your country's DHL, UPS and/or postal system may charge you. There are some services that can estimate the duty/taxes, while they're not 100% accurate they can be helpful (Duty/Tax Calculator). Keep a printout of your email receipt as you may have to send a copy to your customs office or for UPS. If you do not pay the required brokerage fees, VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc - we cannot issue any refunds.
Our shipping system is completely automated, and we cannot falsify customs forms. The customs forms will accurately describe the contents and cost of your order. We cannot mark orders as "gift", "sample", "educational" or lower the values.
Some DHL Express shipments can be DDP (delivery duties paid), which means we charge all taxes upon checkout. Orders over $2,500 and/or orders with over 25 individual line items do not qualify for our DDP shipping options. We are unable to provide a line by line breakdown of the duties paid upon checkout. Please contact your country's DHL office for that information.
11. Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
12. Privacy
We store your phone number, order history, email, shipping and billing addresses in your user account. All customer information for inactive accounts will be deleted after 2 years. For your security, credit card numbers, expiration dates, and CVV codes are not stored. User information is only used to ship goods and contact you in case of an order or shipping issue. We do not, and will never, sell or give any of your information to any third-party or send you any unsolicited advertisements. Please view our complete privacy & legal policy here: https://www.EverKineticElectricPeople.com/privacy
13. Accuracy of Information
We attempt to ensure that information on EverKineticElectricPeople.com is complete, accurate and current. Due to the constantly changing product offerings, we cannot guarantee that all information on this site is complete or current.
14. Export Compliance
Customer hereby acknowledges that the products and services delivered under this Agreement are subject to applicable export control and trade sanctions laws and regulations, including without limit those of the United States (e.g., the sanctions administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (31 CFR Part 500 et seq.), the Export Administration Regulations (“EAR”, 15 CFR Part 730 et seq.) administered by the U.S. Department of Commerce’s Bureau of Industry and Security, laws and regulations targeting proliferation activities, and the restricted parties lists maintained by the U.S. government (e.g., the Denied Persons List, Unverified List, Entity List, Specially Designated Nationals List, Debarred List and Non-proliferation Sanctions)). Customer agrees to comply with these laws and regulations and certifies that it will not use, sell, resell, export, re-export, import, dispose of, disclose or otherwise deal with the products or services delivered under this Agreement, directly or indirectly, to any country, destination or party without first obtaining any required export license or other governmental approval, and completing such formalities as may be required. Customer further agrees to not do anything which would cause EverKineticElectricPeople to be in breach of the export control and trade sanctions laws and regulations.
15. Indemnification
Customer shall protect, defend, indemnify and hold harmless EverKineticElectricPeople, its shareholders, directors, officers, employees and agents from any fines, damages, costs, losses, liabilities, fees, penalties, claims and expenses (including legal fees and expenses) incurred by EverKineticElectricPeople as a result of the failure of the Customer or its agents, officers, directors or employees to comply with this Section.
16. Domestic Shipments
In the event Customer requests delivery to a U.S. destination, Customer acknowledges that it alone is responsible for determining the applicable export licensing requirements and obtaining any required authorizations for subsequent transfers. If Customer is not a U.S. Principal Party in Interest and requests delivery to a U.S. consignee for purposes of facilitating an export, Customer also hereby (1) confirms its responsibility for export clearance and filing Electronic Export Information with U.S. Census Bureau, (2) authorizes the specified consignee to prepare and file Electronic Export Information on its behalf so as to create a “routed export transaction”, as defined in the Foreign Trade Regulations (15 CFR Part 30) and EAR, and (3) agrees to provide EverKineticElectricPeople a copy of the signed written assurance designating the authorized forwarding agent.
17. Intellectual Property Rights and Trademark Provisions
The design of the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are protected by copyright, trademark, and other laws. The contents of the Site are Copyright (c) 2019, EverKineticElectricPeople, or their respective affiliates and suppliers. All rights reserved. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of EverKineticElectricPeople and its affiliates. Other trademarks, trade names and service marks used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of EverKineticElectricPeople or such other owner.
Where applicable content on the Site may be open sourced with discrete open source license. You are responsible for reading and understanding the terms of an additional licensing for content and downloads made available by the Site or linked through the Site.
18. Geographic Limitations on User-Generated
Like most Internet websites, this Site is accessible worldwide. However, not all Products or Services offered by EverKineticElectricPeople are available to all persons or in all geographic locations. EverKineticElectricPeople reserves the right to limit the provision of its Products and Services to any person, geographic area, or jurisdiction and to limit the quantities of any Products or Services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
19. Governing Law and Jurisdiction
These terms of service supersede any other agreement between you and EverKineticElectricPeople to the extent necessary to resolve any inconsistency or ambiguity between them. These terms of service will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Site will be brought only in the courts of the State of California or the United States District Court for the District of California. A printed version of these terms of service will be admissible in judicial and administrative proceedings based upon or related to these terms of service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF THE SALES TRANSACTIONS BETWEEN YOU AND EVERKINETICELECTRICPEOPLE, WHETHER IN ARBITRATION OR OTHERWISE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND EVERKINETICELECTRICPEOPLE EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES WILL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against that is more than one year after the date of the applicable invoice.
is not authorized to do business in every jurisdiction. Information published on the Site may contain references or cross-references to goods or services that re not available in your state or country.
20. Limitation of Liability
IN NO EVENT WILL OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO: (I) THE SITE, THE SERVICES, OR THE CONTENT, OR YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, (II) ANY TRANSACTION OR COMMUNICATIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT; EVEN IF OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF AND ITS SUPPLIERS RELATING IN ANY WAY TO THE SITE, THE SERVICES, OR THE CONTENT EXCEED $100 OR THE MINIMUM AMOUNT ALLOWABLE UNDER APPLICABLE LAW, WHICHEVER IS GREATER, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES, AND/OR THE CONTENT.
Any cause of action against or its suppliers with respect to the Site, the Services, or the Content must be instituted within one (1) year from the date on which the claim arose.
Some States, including New Jersey (as to consumers), may not allow the exclusion or limitation of certain types of damages such as incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.
21. Waiver
The failure of either party to require performance by the other party of any provision of these Terms will not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms will not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
22. Entire Agreement
These terms, together with ’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communication between and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
23. Accessibility Clause
If you are visually impaired and need assistance accessing our Terms of Service, please call our Customer Support line at 1 (951) 370-2069 for assistance.
24. Right to monitor content
has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the Site. takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any content you post, upload, or otherwise make available through your use of the Site.
25. Restrictions on contents
may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:
- 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;
- References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation; such as tweaking/modding and etc.; or
- Replies to existing customer reviews
26. Prohibited content
You are prohibited from posting content on the Site that is:
- Offensive or abusive;
- Obscene, pornographic, or otherwise objectionable;
- Illegal;
- False, fraudulent, inaccurate, or misleading;
- Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity;
- Violent or threatening, or promotes violence or actions that are threatening;
- Infringing the rights of others, including, but not limited to patent, copyright, trademark, trade secret, trade dress, right of privacy, or any other proprietary right;
- Intending to cause harm, damage, or otherwise interferes with the Site and our services;
- Violating any local, state, federal, or international laws;
- Injurious to third parties; or
- Contains software viruses, political campaigning, commercial solicitation, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
27. Children
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.
28. Limited Product Warranty
Products that are not manufactured by EverKineticElectricPeople may, or may not, be covered by original manufacturer's warranty and passed through to you. Please contact support to confirm warranty period prior to purchase.
Warranty will not apply if Product fails or is damaged after delivery to you due to accident, abuse or misuse.
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ITS SUPPLIERS MAKE NO WARRANTIES UNDER THIS AGREEMENT, EXPRESS, IMPLIED, OR STATUTORY, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE UNDER OR IN CONNECTION WITH THE PRODUCTS.
EVERKINETICELECTRICPEOPLE DOES NOT WARRANT THAT THE PRODUCTS AND CONTENT WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR THAT THEY WILL BE SECURE OR VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EVERKINETICELECTRICPEOPLE, ITS AGENTS OR OTHER REPRESENTATIVES OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF EVERKINETICELECTRICPEOPLE’S WARRANTIES UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FORGOING,
EVERKINETICELECTRICPEOPLE AND ITS SUPPLIERS DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO ANY THIRD PARTY INTELLECTUAL PROPERTY, TECHNOLOGY OR INFORMATION PROVIDED AS PART OF THE PRODUCT OR DOCUMENTATION.
29. No Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EVERKINETICELECTRICPEOPLE AND ITS SUPPLIERS, SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND ARISING IN ANY WAY OUT OF USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR DATA, OR COSTS OF REPLACEMENT GOODS, EVEN IF EVERKINETICELECTRICPEOPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.
30. Revisions to These Terms of Service
These terms of service may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current terms of service.
Revision 1.1
Last Update Date: July 22, 2021