Policies

This website (the “site”) is operated by BigBattery. Throughout the site, the terms “we”, “us” and “our” refer to BigBattery.

By accessing or using any part of the site, you agree to be bound by these terms and conditions, and any additional terms and conditions and policies referenced herein or on the site, including without limitation any terms and conditions and policies available by hyperlink (collectively, “Terms of Service”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please carefully read these Terms of Service before accessing or using our site. If you do not agree to all of the Terms of Service, then you may not access or use the site or purchase any products or services through the site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to our online store will also be subject to the Terms of Service.

Our online store is hosted by WooCommerce, which provides us with the online e-commerce platform that allows us to sell products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the site.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the access or use of the site or any of our products or services, violate any laws or regulations in your jurisdiction (including without limitation copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Service may result in termination of your ability to access or use the site, including without limitation your ability to purchase any goods or services through our online store.

To the extent state sales tax applies to your state, we will have the right to collect such tax from you and remit such tax to the applicable state. If sales tax was not collected on your sale, you may be liable for use tax in your state. You are advised to consult with the Department of Revenue in your state to determine your sales or use tax obligations. NO purchase is exempt from sales or use tax in your state merely because it is made over the Internet or by other remote means. Many states where product purchases are taxable require purchasers to: (a) file a sales and use tax return or complete the appropriate section(s) on your annual income tax return reporting all purchases that are taxable in the state and for which no tax was collected by the retailer; and (b) pay tax on those purchases. Additional information on sales and use tax reporting and payment requirements can be found on the Department of Revenue website for your state.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse or terminate access to or use of the site, including without limitation to refuse to sell any products or services, to anyone for any reason at any time.

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 site, use of the site, or access to the site or any contact on the site through which any product or service is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the site is not accurate, complete, or current. The material on the site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the site is at your own risk.

Product listings and descriptions on the site are not designed or intended to replace your personal product knowledge, experience, and/or research or that of a professional installer or licensed electrician. We strive to be as accurate as possible in our product and service descriptions, compatibility references, information content, pricing, links, and any other product information contained in or referenced on our site. However, occasional human error may occur and we therefore cannot guarantee that all product and service descriptions, specifications, pricing, or any other content on the site is entirely accurate, complete, or current. We will have no liability for these errors. If a product is listed at an incorrect price due to typographical, informational, technical, or any other error, we at our sole discretion will have the right to refuse or cancel any order for that product and amend, correct, or remove the inaccurate information. All links on the site are intended only to provide visitors with assistance in finding additional information. Due to the fast pace of the industry, complex nature, and personal subjective experiences, reviews can be or become outdated or inaccurate and should therefore never be the sole determinant in a purchasing decision, or, most importantly, a substitute for doing one’s own product research. You are ultimately responsible for any purchase decision.

We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES

Prices for products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue access to or use of the site (or any part or content thereof) without notice at any time.

We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any product, service, or access to or use of the site.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We strive to display as accurately as possible the colors and images of our products that appear at the store. 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 products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services or pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on the site is void where prohibited.

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 any product or service or the site will be corrected.

SECTION 6 – BILLING AND ACCOUNT INFORMATION

We retain the right to decline any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These limitations may encompass orders made under the same customer account, the same credit card, and/or orders utilizing the same billing and/or shipping address. Should we make changes to or cancel an order, we will make an effort to notify you by contacting the email and/or billing address/phone number provided at the time of purchase. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to furnish current, complete, and accurate purchase and account information for all transactions made at our store. You also agree to promptly update your account and other information, including your email address and credit card details, to ensure the completion of your transactions and facilitate communication with you as necessary.

For further details, please refer to our Return Policy.

SECTION 7 – THIRD-PARTY TOOLS

We may grant you access to third-party tools over which we have no monitoring, control, or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall bear no liability arising from or related to your use of third-party tools.

Your use of third-party tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and consent to the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may also introduce new services and/or features through the site (including, but not limited to, the release of new tools and resources). Such new services and/or features will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available on the site may include materials from third parties.

Third-party links on the site may redirect you to websites that are not affiliated with us. We are not responsible for assessing or verifying the content or accuracy of such third-party websites, and we do not warrant or accept any liability for any third-party websites, or for any other materials, products, or services offered by third parties.

We disclaim liability for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, carefully review the policies and practices of the third party. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you provide certain specific submissions (for example contest entries), or without a request from us you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us. We are and will be under no obligation to: (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments.

We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any individual’s or entity’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any individual or entity, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is posted on the site at https://bigbattery.com/policies/.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be errors, inaccuracies, or omissions in the information on our site or in connection with any products or services we offer, such as product or service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the site or on any related website or materials is inaccurate at any time without prior notice (including after you have submitted your order).

We have no obligation to update, amend, or clarify information on the site or on any related website or materials, including pricing information, except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 affect the functionality or operation of the site 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 site or any related website, other websites, or the Internet. We reserve the right to suspend or terminate your access to or use of the site or any related website or materials for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not represent or warrant that your access to or use of our site will be uninterrupted, timely, secure, or error-free.

We do not represent or warrant that the results that may be obtained from the use of the site will be precise or dependable.

You expressly agree that your use of, or inability to use, the site is solely at your own risk. The site and all products and services delivered to you through the site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including without limitation all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not manufacture or control any of the products or services offered on the site. The availability of products and services through the site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on the site. Products offered on the site may be covered by the manufacturer’s warranty as detailed in the product’s description on the site and included with the product. To obtain any applicable manufacturer’s warranty service for defective products, please follow the instructions included in the applicable manufacturer’s warranty.

ALL PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE OFFERED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE, IN ANY SCENARIO, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PROCURED USING THE SITE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT OR SERVICE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT WILL DAMAGES EXCEED THE AMOUNTS PAID TO US UNDER THESE SERVICE TERMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our affiliates, and our or their directors, officers, employees, agents, contractors, suppliers, service providers, and licensors, from any claim or demand, including without limitation reasonable attorneys’ fees and expenses, due to or arising out of: (a) your breach of these service terms or the documents they incorporate by reference; (b) your violation of any law or the rights of a third party; or (c) the alleged failure or defect of any project built using products or publications purchased or otherwise obtained from us.

It is your responsibility to be familiar with the safe and correct installation and operation for all equipment and other products. We have no opportunity or responsibility to inspect or supervise the design, manufacture, application, installation, or maintenance of the components or other products used, nor to supervise and inspect the design and manufacture of solar kits or other products in which they are used. Therefore, you agree by accepting delivery of products for solar power usage, that all products will be used solely at your risk.

SECTION 15 – SEVERABILITY

In the event that any provision of these service terms is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these service terms, such determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

These service terms are effective unless and until terminated by us. The obligations and responsibilities of you and us incurred prior to the termination date will survive the termination of these service terms for all purposes.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these service terms will not constitute a waiver of such right or provision.

These service terms and any policies or operating rules we post on the site or with respect to the site constitute the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including without limitation any prior versions of the service terms).

Any ambiguities in the interpretation of these service terms will not be construed against us as the drafting party.

SECTION 18 – GOVERNING LAW

These service terms and any separate agreements whereby we provide you products or services will be governed by and construed in accordance with all relevant laws, without regard to principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement or any separate agreements whereby we provide you products or services or any transaction contemplated hereby or thereby.

SECTION 19 – DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to these service terms, including without limitation any claim related to the existence, validity, termination, or breach of these service terms, is to be exclusively heard and settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in English and will have one (1) arbitrator, who must be reasonably acceptable to all parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be decided by BigBattery. Each party will bear its own costs and expenses and an equal share of the arbitrator’s fees and the administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both you and us.

To the extent that such claims are permissible under applicable law, no claim of this nature may be initiated more than one (1) year after the date upon which the fault should reasonably have been discovered. Failure to initiate such a claim within this one (1) year timeframe will permanently preclude the claim.

SECTION 20 – MODIFICATIONS TO TERMS OF SERVICE

You can access the most up-to-date version of the Terms of Service on the website.

We retain the sole discretion to revise, modify, or substitute any portion of these Terms of Service by publishing updates and amendments on the website. It is your responsibility to periodically review the website for changes. Your continued use of or access to the website after any modifications to these Terms of Service signifies your acceptance of those changes.

SECTION 21 – CONTACT DETAILS

Any inquiries regarding the Terms of Service should be directed to:

BigBattery 21314 Lassen St. Chatsworth, CA 91311

Mobile Messaging Service Terms and Conditions

Last updated: 3/27/2024

The SMS messaging service provided by BigBattery (the “Service”) is operated by BigBattery (“we”, or “us”). Your utilization of the SMS Service indicates your acceptance of these terms and conditions (“Mobile Terms”). We reserve the right to amend or terminate the Service or any of its features without prior notice. We may also alter these Mobile Terms at any time within the boundaries permitted by applicable law, and your continued use of the Service post any such modifications will constitute your acceptance of those changes.

While we do not impose charges for the Service, you are accountable for any charges and fees associated with text messaging levied by your wireless provider. Message and data rates may apply.

Text messages may be dispatched employing an automatic telephone dialing system or similar technology. Your consent to receive autodialed marketing text messages is not obligatory for purchasing any goods or services.

If you have opted in, the Service will furnish you with transactional messages, updates, alerts, and information (e.g., order updates, account alerts, etc.) via text messages through your wireless provider to the mobile number you provided. Message frequency may vary. You can discontinue the Service at any time by texting the single keyword command STOP. You will receive a one-time opt-out confirmation text message. If you have subscribed to other mobile message programs and wish to terminate them, unless otherwise required by applicable law, you will need to unsubscribe separately from those programs by following the instructions provided in their respective mobile terms. For support or assistance with the Service, call 818-280-3091 or email [email protected].

We reserve the right to change any short code or telephone number utilized to operate the Service at any time, and we will notify you of such changes. You acknowledge that any messages, including any STOP or HELP requests, sent to a short code or telephone number we have changed may not be received, and we will not be held liable for honoring requests made in such messages.

The wireless carriers supported by the Service bear no responsibility for delayed or undelivered messages. You agree to provide us with a valid mobile number and to maintain accurate, complete, and up-to-date information related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Service or from your provision of a phone number that does not belong to you.

To the maximum extent permissible by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any actions you may or may not take in reliance on the information or Service.

BigBattery, Inc. 21314 Lassen St. Chatsworth CA. 91311