ICAN INC. TERMS AND CONDITIONS

Last Updated: June 1, 2018

The TERMS OF USE in this website agreement govern your use of this website. Please take a few moments to review this information carefully. By using this website, you agree not to use this website in contravention of these terms and conditions.

Your Acceptance Of These Terms Of Use
These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

Your Acceptance Of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Installation of Products
You expressly acknowledges and agrees that if it is necessary to perform any work on any line voltage for use of our Products, you will have a qualified, licensed electrician perform the line voltage work. Any installation of the Products by someone other than a qualified, licensed electrician shall be performed by you at your own risk and liability. We will not be held responsible for or accept or assume any liability in connection with any line voltage work for use of the Products, the electrical installation or modification of any of its Products, or injuries or damages incurred in connection with the foregoing. The installation of the Products must be in compliance with all local, state, and federal laws, rules, codes, and regulations. you shall be solely responsible for compliance with such laws. Any improper installation and/or modification of the Products can cause serious harm possibly resulting in death or personal injury. You should consult with a qualified, licensed electrician who adheres to and accepts all responsibility for electrical installations in compliance with all applicable local, state, and federal laws, rules, codes, and regulations. ICAN SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLERS PRODUCTS. The information on our website regarding installation of the Products is for demonstration/education purposes only and is not intended for use by anyone other than a qualified, licensed electrician. Without limiting the foregoing, we do not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current. We disclaim any liability as to the accuracy or completeness of such information. We assume no risk or responsibility for your use of any of the content provided on this website. Under no circumstances shall we be liable for any direct or indirect losses or damages arising out of or in connection with the use of the information on this website.

Warranty
Warranty periods for “Residential” refer to all properties that are single- or multi-family dwellings of 3 stories or less. All other properties are “Commercial”.
All warranty periods are subject to the limitations and conditions described below.
Visit our Warranty page for details.

Limitations and Conditions
Warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, improper packaging of Products returned to us, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair by someone other than us.
Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered, is the application of DC (direct current) power when AC (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers.
Warranty does not cover ‘Acts of God’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, and other extreme weather events.
Warranty does not cover water damage to Products (not specifically sold as Underwater Products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows.
Transformers must be installed according to provided instructions – evidence of improper mounting or wiring voids the warranty. Transformer housings, when mounted on oceanfront properties must be protected from direct contact with salt spray.
These warranties extend only to the Product ownership by the original purchaser and are void when the original purchaser ceases to own the Product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise.
These warranties do not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced Product.
If a Product is covered under any of the foregoing warranties, such Product will be replaced or repaired, or, at our sole option.
The foregoing warranties are exclusive and in lieu of all other warranties. We makes no representations or warranties except as expressly set forth herein. We expressly disclaim all other representations and warranties, express or implied, including, but not limited to, any supplier or distributor of us that modifies or amends this limited warranty.

Limitation of Liability
The foregoing limited warranty provides the your sole and exclusive remedy relating to our products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, we shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if we have been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (B) any claims, demands, or actions against you by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of our products; (D) any loss or claims arising out of or in connection with your implementation of any advice, recommendations or instructions by us based on, resulting from, arising out of or otherwise related to the products.

Typographical Errors
In the event that any of our Products are mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for Products listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If you’s credit card has already been charged for the purchase and you’s order is cancelled, we shall issue a credit to your credit card account for the amount charged.

Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law and Jurisdiction
The validity, interpretation, construction, and enforcement of this Agreement are governed by the laws of the State of California, excluding the laws of that jurisdiction pertaining to the resolution of conflicts with other laws of other jurisdictions. You consent to the personal jurisdiction of the state and federal courts having jurisdiction over San Diego County, California, consent and agree that the proper, exclusive, and convenient venue for every legal proceeding arising out of this Agreement is San Diego County, California, and waive any defense, whether asserted by motion or pleading, that San Diego County, California is an improper or inconvenient venue.

Entire Agreement
This Agreement records the final, complete, and exclusive expression of the understanding between the parties with respect to the matters addressed in it and supersedes any prior or contemporaneous agreement, representation, or understanding, oral or written, by either of them, including any written instruction manuals or other terms and conditions on our website.

Term; Termination
These terms of use are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.icanhere.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability and Indemnity, shall survive any termination.

Disclaimer
www.icanhere.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.icanhere.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.icanhere.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.icanhere.com in its sole discretion.

Indemnity
You agree to indemnify, defend, and hold harmless www.icanhere.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms of use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
While using this website, you may choose to link to third-party websites that are not affiliated with ICAN. ICAN assumes no responsibility for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of ICAN, and ICAN does not endorse the contents of these third-party websites in any way. Also, ICAN assumes no responsibility for webcasting or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk you assume all responsibilities and consequences resulting from such reliance. ICAN is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.

Trademarks
All trademarks, service marks and trade names of www.icanhere.com used in the site are trademarks or registered trademarks of www.icanhere.com.