Terms & Conditions

1. Introduction

These Terms and Conditions ("Agreement") govern the sale, use, and installation of products ("Product" or "Products") sold by HiFive Effects Inc. ("Seller"), by any means, to the end user ("Customer" or "You"). By purchasing, receiving, or installing the Product, you agree to be bound by the terms set forth below.

2. Acceptance of Terms

By purchasing or using the Product, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you do not agree with any part of these terms, do not purchase, install, or use the Product.

3. Shipping and Delivery

The risk of loss and title for Products passes to you upon Seller’s delivery to the carrier. Seller assumes no liability for delays, loss, damage, or failure during shipping. It is your responsibility to file any claims with the shipping carrier.

4. Installation and Usage

You acknowledge and agree that installation and usage of the Product are your sole responsibility. Seller does not provide installation services unless expressly stated in a separate agreement. Any guidance or information provided by Seller is for informational purposes only and does not constitute a warranty, guarantee, or assumption of liability.

Seller assumes no liability for any damage, injury, or loss resulting from the installation, use, misuse, or inability to use the Product, whether performed by you or a third party.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH, THE SHIPPING, INSTALLATION, USE, OR MISUSE OF THE PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL LIABILITY IS EXPRESSLY ASSUMED BY THE END USER.

6. Indemnification

You agree to indemnify, defend, and hold harmless Seller, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your purchase, installation, or use of the Product.

7. Product Warranties

Seller provides no warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Any warranties provided by the manufacturer are between you and the manufacturer.

8. Color Disclaimer

Please note that actual product colors may vary from the images shown on our website. Every monitor or screen displays colors differently, and lighting conditions at the time of the photo can also affect how the color appears. We make every effort to display our products as accurately as possible; however, we cannot guarantee that the color you see on your screen will perfectly reflect the product’s actual color. Minor variations in color are not considered defects and will not be grounds for returns or exchanges unless otherwise specified.

9.Custom Orders – Returns and Refunds Policy

Custom orders are created specifically to meet your individual requirements and specifications. As such, all custom orders are final sale and are not eligible for returns, exchanges, or refunds. By placing a custom order, you acknowledge and agree to this policy. Please review your order details carefully before confirming your purchase, as changes or cancellations cannot be accommodated once production has begun.

10. Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement, the sale, installation, or use of the Product, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in [County, State], and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

You and Seller agree that any arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative action. Each party shall bear its own costs and attorneys’ fees, unless otherwise determined by the arbitrator.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.

12. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13. Entire Agreement

This Agreement constitutes the entire agreement between you and Seller regarding the subject matter herein and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

14. Amendments

Seller reserves the right to update or modify these Terms and Conditions at any time without prior notice. Continued purchase or use of the Product constitutes acceptance of any changes.

If you have any questions regarding these Terms and Conditions, please contact our Customer Service Team.