BY SHOPPING AT OR OTHERWISE USING THIS WEB SITE www.justsoaring.com (the "SITE") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- The Parties:
"Customer," "you," and "your" refer to anyone, whether an individual or business, that shops at or otherwise uses the Site. "Just Soaring," "us," and "we" refer to Just Cubed, LLC (a California Corporation, whereby “Just Soaring” is a legal DBA).
- Acceptance of Contract Terms:
This Agreement and all of its terms and conditions constitute a legal contract between you and Just Soaring. By clicking below and shopping at or otherwise using this Site you acknowledge that you have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations, including, but not limited to, U.S. export and re-export control laws and regulations.
These terms and conditions are subject to change, at Just Soaring’s sole discretion, at any time and without prior notice. By clicking below and shopping at or otherwise using the Site after a change has been posted, you accept the terms and conditions in effect at the time of such use. If you do not accept and agree to the terms of this Agreement, do not use this Site.
Prices are subject to change at any time at the sole discretion of Just Soaring.
- Orders; Payment Terms; Interest; Taxes:
Orders are binding on Just Soaring only after Just Soaring accepts and confirms such order. Terms of payment are cash in advance, unless agreed to otherwise by Just Soaring in writing. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Just Soaring may invoice portions of an order separately. Customer is responsible for sales tax, if any, and any other tax associated with the order.
In the event payments are not made in a timely manner, Just Soaring may, in addition to all other remedies provided by law, after adequate notice to Customer either: (1) Seek legal restitution for unpaid goods (2) repossess the goods for which payment has not been made; (3) withhold future shipments until delinquent payments are made; (4) recover all costs of collection including reasonable attorney’s fees; and (5) at Just Soaring’s option combine any of the above rights and remedies as provided by law.
- Freight Policy:
Shipping and handling charges vary. For your protection, we ship only to the address provided by you. International shipping is not available from the USA (direct from Just Soaring, not including distribution partner(s) that may offer this service) at this time until further notice.
- Return Policy:
Just Soaring will accept returns of website standard stocking items, but only if:
The item is new, unused, and in resellable condition;
You notify Just Soaring and request a return authorization within 30 days of your receipt of the item;
You return the item to Just Soaring, postage/shipping prepaid within 5 days of Just Soaring’s return authorization (RMA).
Once your items have been received by Just Soaring and verified to be unused, we will refund your purchase price, less shipping costs. Returns will incur a 10% restocking fee unless otherwise noted by a support representative in writing. Return shipping costs are your responsibility and shall not be paid by Just Soaring.
Just Soaring provides a one year limited warranty to the original purchaser that our product(s) will be free from manufacturing defects in material and workmanship. The limited warranty covers only those defects and/or product failures that arise as a result of normal use, and does not cover any problems that originate from:
- Improper cleaning, care, installation, or maintenance
- Modifications made to a product
- Operation outside the product’s published specifications
- Damage caused by incorrect assembly
- Exceeding recommended operational limits
- Use of cleaning chemicals or solvents that result in damage to the product
Just Soaring reserves the right to request the original purchaser to return the defective item, at the purchaser's expense, before processing the warranty claim and issuing a replacement. If a direct replacement is no longer available, a product that serves the same purpose with equal or greater value shall be awarded. Just Soaring at its discretion may also opt to simply refund the full purchase price in lieu of replacing the product.
Just Soaring’s limited warranty is only applicable to customer-direct sales of flight simulator equipment. Claims that materialize from products manufactured by Just Soaring, that are sold by another retailer, should be processed by the original retailer.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF JUST SOARING FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF PRODUCTS AS SET FORTH ABOVE
- Limitation of Liability:
EXCEPT TO THE EXTENT JUST SOARING EXPRESSLY ASSUMES LIABILITY HEREIN, JUST SOARING SHALL NOT BE LIABLE FOR ANY DAMAGES FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. DAMAGES INCLUDE BUT ARE NOT LIMITED TO PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFIT, AND LOSS OF GOOD WILL ARISING OUT OF THE USE, OR THE INABILITY TO USE, MATERIALS OR SERVICES PURCHASED FROM JUST SOARING, EVEN IF JUST SOARING OR A JUST SOARING AUTHORIZED REPRESENTATIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND DESPITE ANY FAILURE BY JUST SOARING TO REPAIR OR REPLACE THE PRODUCT.
CUSTOMER EXPRESSLY ACCEPTS THESE RESTRICTIONS ABILITY TO RECOVER DAMAGES AS PART OF ITS BARGAIN WITH JUST SOARING.
- Time of Delivery:
Just Soaring uses reasonable efforts to ensure timely delivery. All orders will typically be shipped within 5 days after purchase, unless of course the item was purchased on a “pre-order” basis when inventory is stock out. However, your actual delivery date can be affected by many variables. Therefore, Just Soaring is not liable for any cost or loss of income incurred due to late delivery.
- Information Disclaimer:
Just Soaring uses reasonable efforts to include accurate and up-to-date information on the Site. However, Just Soaring makes no warranties or representations as to the accuracy of third party information contained on the Site and assumes no liability or responsibility for any errors or omissions. In addition, photos and drawings of products may differ slightly from the actual items purchased.
- Title; Risk of Loss:
Title to goods purchased from this Site is retained by Just Soaring until goods are paid for by Customer. Upon full payment, title and risk of loss passes to Customer, except to the extent risk of loss is expressly retained by Just Soaring in this section. Loss or damage that occurs during shipping by a carrier selected by Just Soaring remains Just Soaring’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
- Export Sales:
If goods purchased at this Site are purchased for export, Customer bears full responsibility for obtaining all required federal and/or other licenses, permits, or other documentation that may be required before shipping to a foreign country. Customer acknowledges that manufacturers' warranties may vary or even be revoked for goods exported outside the United States and Customer bears the risk of such changes.
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian present at all times. Please review our Privacy Notice, which also governs your visit to this Site.
- Communications to Just Soaring
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-proprietary. Anything you transmit or post may be used by Just Soaring for any purpose. Furthermore, Just Soaring is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Just Soaring or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and at no cost to Just Soaring.
- Access, Interference
Just Soaring grants you a limited license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with the express written consent of Just Soaring. The following activity on the Site is expressly prohibited: (1) Use of any robot, spider, other automatic device or manual process to monitor or copy portions of the Site or content contained therein without the prior written permission of Just Soaring; (2) Collection or use of product listings, descriptions, or prices from the Site for the benefit of another merchant offering products competitive with or comparable to those offered on the Site; and (3) Any use of, visits to, or other actions that impose an unreasonable or disproportionately large load on the Site or otherwise interferes with its proper and timely functioning.
You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Just Soaring, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Just Soaring logo or other proprietary graphic or trademark as part of the link without the express written permission of Just Soaring.
Unauthorized use terminates any and all limited licenses granted by Just Soaring.
Just Soaring does not review or control third-party sites that link to or from the Site and is not responsible for the contents of any third-party sites linked to or from the Site.
- Use Restrictions:
Permission is granted to display, copy, distribute and download material on this Site for personal, non-commercial use only, and then only if you do not modify the material in any manner and only if you retain all copyright and other proprietary notices contained in the material. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed material including any and all electronically stored versions. You may not, without Just Soaring’s prior written permission, "mirror" any material contained on this Site to any other server. The unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- Sited Within the United States:
This Site is controlled and operated by Just Soaring from its offices located in the State of California, United States of America. Just Soaring makes no representation that materials on or available through the Site are appropriate or available for use in other locations, and access to them from areas or territories where their contents may be restricted or illegal is not authorized. Anyone choosing to access this Site from locations outside of the United States does so of their own initiative and is responsible for compliance with applicable local laws and regulations.
- Entire Agreement:
In the event of a conflict between the terms and conditions stated on your purchase order or invoice and this Agreement, the provisions of this Agreement shall control. In the event of a conflict between the terms of the purchase order and the invoice, the terms of the invoice shall control.
- Conflict of Terms:
In the event of a conflict between the terms and conditions stated on your purchase order or invoice and this Agreement, the provisions of Agreement shall control.
- Time of Order:
The terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern each order or modification of an order.
- Electronic Records and Communications:
Electronic records, including signatures, that are otherwise valid shall be accepted under the Agreement. Customer consents to receiving electronic records which may be provided via a web browser or e-mail application connected to the Internet.
- Choice of Law - Venue:
Any claims relating to the use of this Site or the products listed on and/or sold through the Site are governed by the laws of the state of California. In the event any suit or action is brought by either party relating to, or to enforce any of the provisions of this Agreement, the parties agree that the exclusive venue will be in the Superior Court of California, County of Orange.
- Attorney fees:
If either party seeks enforcement of any term or provision of this Agreement, the party that prevails in the enforcement action may recover all costs, including attorney fees, reasonably incurred therein, including attorney fees and other costs on appeal.
- Entire Agreement:
This Agreement contains the entire understanding and agreement of the parties with respect to the matters contained herein and is intended to fully integrate the parties' agreement. No prior negotiations, discussions, understandings or agreements which are not set forth in this Agreement will be binding upon or enforceable against the parties.