630-474-9053 (fax)

1037 North Lombard Road, Lombard, IL 60148

©2019 by Protexia®

Terms of Use

This website is owned and operated by Protexia®, LLC.

Protexia®, LLC is a limited liability company registered in Texas, USA with Employer Identification Number (EIN) 81-1473962 and having its registered office 

These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a chance to view and/or purchase products carried by Protexia®, LLC. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. In order to use our website and/or purchase our products, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

Return Policy: If for any reason you receive a damaged product or the wrong product Protexia®, LLC will return and exchange said product. Protexia®, LLC does not accept returns of merchandise for any product.

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

We may, without prior notice, change the products; stop providing the products or any features of the products we offer; or create limits for the offers. We may permanently or temporarily terminate or suspend access to the products without notice and liability for any reason, or for no reason.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Protexia®, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You agree to indemnify and hold Protexia®, LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall Protexia®, LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Protexia®, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Protexia®, LLC shall not be liable to the Buyer or any third party for any Losses arising from or in connection with any delay in the delivery of the Goods (even if caused by Protexia’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract.

The Buyer shall be responsible for unloading the Goods at the Delivery Point on the delivery date and for providing all necessary access, equipment and manual labor for doing so. The Buyer shall indemnify and keep indemnified Protexia®, LLC against any and all Losses incurred by or made against any Protexia®, LLC Party arising from or in connection with any delay by the Buyer in unloading the Goods. The Buyer shall inspect the Goods as soon as reasonably practicable following delivery and in any case within 7 days of delivery. If for any reason the Buyer refuses or fails to accept delivery of any of the Goods when they are ready for delivery, or Protexia®, LLC is unable to deliver the Goods because the Buyer has not taken any action necessary on its part for delivery: (i) risk in the Goods shall pass to the Buyer (including for loss or damage caused by Protexia® LLC’s

negligence) at the time when (had it not been for the actions, or lack of action of the Buyer) delivery would have taken place; (ii) Protexia®, LLC shall be entitled (at its discretion) to store the Goods until such time(s) as delivery may be effected and recover from the Buyer any loss and/or additional costs incurred as a result of such refusal or failure (including, without limitation, storage and insurance from the original due date of delivery); and (iii) Protexia®, LLC shall be entitled to terminate the Contract if delivery of the Goods is not done within a reasonable time from the original due date of delivery, dispose of the Goods as Protexia®, LLC may (at its discretion) determine and recover from the Buyer any loss and/or additional costs incurred as a result of such refusal or failure.

The quantity of Goods (in respect of any particular Order Confirmation) as recorded by Protexia®, LLC upon dispatch from Protexia®, LLC’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence to the contrary. Protexia®, LLC shall not be liable to the Buyer for: (i) Shortages in quantity delivered unless a written claim is received by Protexia®, LLC for short delivery within 7 days of delivery of the Goods; or (ii) Non-delivery of Goods unless a written claim is received by Protexia®, LLC within 7 days from the date of Protexia®, LLC’s invoice; or (iii) Damage to the Goods in transit before delivery unless a written claim is received by Protexia®, LLC within 7 days of delivery of the Goods. When Protexia®, LLC is liable in any of the circumstances covered above, Protexia®, LLC’s only obligation shall be either (at its option) to make good any shortage or non-delivery and/or as appropriate to replace or repair any Goods found to be damaged and/or to refund or credit the price of such Goods to the Buyer.

The Goods are at the risk of the Buyer from the time of delivery. Goods returned by the Buyer to Protexia®, LLC in accordance with the Conditions shall remain at the risk of the Buyer until delivery to Protexia®, LLC’s premises.

Protexia®, LLC shall not be in breach of the Contract, nor liable to the Buyer for any Losses arising from Protexia®, LLC’s performance of the Contract being prevented, hindered, delayed, cancelled or rendered uneconomic, by reason of acts, circumstances, events, omissions and/or accidents beyond Protexia®, LLC’s reasonable control (a Force Majeure Event), including but not limited to any of the following: epidemic or pandemic or any act of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo or similar actions; terrorist attack, civil war, civil commotion or riots; any labor dispute, including but not limited to strike, industrial action or lock-out; fire, explosion or accidental damage; loss at sea; nuclear, chemical or biological contamination; failure of plant or machinery; difficulty or increased expense in obtaining workmen materials or transport, or other similar circumstances affecting the supply of the Goods; difficulty in obtaining raw materials by Protexia®, LLC’s normal source of supply; difficulty in the manufacture of the Goods by Protexia®, LLC’s normal means; and difficulty in the delivery of the Goods by Protexia®, LLC’s normal route or means of delivery. In the case of a Force Majeure Event, Protexia®, LLC may in its absolute discretion terminate the Contract or cancel delivery of Goods to the Buyer or may, with the agreement of the Buyer, deliver Goods at an agreed rate of delivery commencing after any suspension of deliveries. If due to a Force Majeure Event Protexia®, LLC has insufficient stocks to meet all of its commitments, Protexia®, LLC may apportion available stocks between its customers at its absolute discretion.

If any provision of the Contract or part of any provision is found by any court, tribunal or administrative body of competent jurisdiction to be illegal, invalid, void, voidable, unenforceable or unreasonable that provision or part provision shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect. Each right or remedy of Protexia®, LLC under the Contract is without prejudice to any other right or remedy of Protexia®, LLC whether under the Contract or not. Failure or delay by Protexia®, LLC in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract or at law. Any waiver by Protexia®, LLC of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract. The parties to the Contract do not intend that any term of the Contract shall be enforceable by any person that is not a party to it. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of the State of Texas, United States of America, and the parties submit to the exclusive jurisdiction of the Texas courts.

The Buyer is responsible and liable for any sales tax that may be due or found to be due. If no sales tax is collected at the time of purchase but Protexia®, LLC finds out that sales tax was to be collected, the Buyer will have to pay sales tax afterwards.

 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.