Website and Product Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE and / or OUR PRODUCTS. All users of this site and/or our products agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or our products.
Beta Shell™ Product Liability and Disclaimer
It is your
responsibility to protect your photographic equipment. The user shall determine the
suitability of this product prior for his or her use, and shall assume all risk of
liability in connection with that use. Under no circumstance will Mogomoto
Prototype LLC be held responsible for damage to photo equipment arising from
the use of this product. Neither Mogomoto Prototype LLC, it’s suppliers,
subcontractors, dealers or agents are liable for any loss, injury, or damage
whatsoever arising from the use of this product. Modifications to your Beta
Shell™ lens case will void the warranty. Never expose to excessive heat or
petroleum based solvents. Never use this lens case to carry or protect objects
other than photographic equipment. Beta Shell™ cases are designed to be
water-proof under test conditions. Water penetration will occur if lid is not
properly closed, set, worn, or is damaged. Normal wear and tear will compromise
the function of this product. Beta Shell™ lens cases are protected under U.S. patent right laws. Beta Shell™ lens
cases are Patent Pending.
Beta Shell™ Bomb-Proof Guarantee
We design,
manufacture, and test our lens cases with the intent to exceed your
expectations.
All our
Beta Shell™ lens cases come with our unconditional Bomb-Proof Guarantee
- If you are not satisfied with your
Beta Shell™ lens case for any reason, we offer a 30 day “no questions asked”
return policy. Simply return the unused Beta Shell™ lens case to us and we will
refund the original purchase price. In addition, all our lens cases have a
lifetime warranty against manufacturing defects. Just send the case back
to us and we will repair or replace your case at no additional charge. * * Please read below for Terms and Conditions of our Beta Shell™ Bomb-Proof Guarantee
Beta Shell™ Bomb-Proof Guarantee Terms and Conditions
The Beta Shell™ Bomb-Proof Guarantee is honored by
us the manufacturer to individual U.S. based customers. For
international customers our Bomb-Proof Guarantee may or may not be honored by
respective Beta Shell distributors. Please contact your local Beta Shell™ Distributor for their policies regarding this Guarantee. Beta Shell™ lens cases returned within 30 days for purchase will only qualify for a purchase price refund if they are return in "as new" and unused condition. Cases returned with obvious use and signs of wear will not qualify for a refund.
We (the manufacturer)
reserve the right to charge for return shipping costs in some situations. We
reserve the right to ask for payment for repairs if product was misused or
damaged beyond reasonable repair. Both the manufacture and/or distributors / retailers reserve the right to change Guarantee terms and conditions. Beta Shell Lens cases may be deemed to be defective and qualify for repair under our lifetime warranty against manufacturing defects if a lens case does not meet the minimum criteria at new condition - 1) The lens case lid must open and close easily and smoothly. 2)The lens lid sealing member (O-ring) should be lightly oiled and smooth in appearance. 3) The lid upon closed by hand must be keep dust, dirt, and rain from entering the case. 4) When the case lid is closed correctly and tightly ( by using the leverage nubs) to a minimum torque of at 20 N-m the lens case should be water tight against full submersion under 1ft of water for a minimum of 3 minutes. 4) The external appearance of the lens case should be clean from significant manufacturing / shipping scratches. 5) The top and lower lids should have no edges that can easily injure user hands and fingers under intended use. 6) Internal memory foam parts will be clean and uniform in shape and appearance. 7) Internal neoprene liner will be adequately adhered to inside of lens case body with no significant bulges or seams to catch on stored lens. 8) Normal wear and tear to exterior of case (e.g. surface scratches) not affecting function of case are not covered under warranty.
Acceptable conditions that do not qualify for warranty claims are (but not limited to) the following - 1) Minor surface scuffs and tone imperfections of the surface finish of the lens case. Warranty does not cover repair of appearance wear and tear (e.g. surface scratches). 2) Machining or injection molding marks and imperfections no taller than 1mm from ambient surface. 3) Slight non-uniformity in or around the abs adhesive sealed areas of the case that does not affect lens case function. 4)Cutting marks around the perimeter of memory foam and other foam pieces. 5) Any other reasonable minor manufacturing imperfection that does not affect function of intended lens case.
We the manufacturer, or related distributors and retailers reserve the right to determine if a returned Beta Shell™ product is defective and covered under the above stated warranty. Please contact us or your local distributor prior to sending back product for a Warranty claim.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Mogomoto Prototype LLC. The collective work includes works that are licensed to Mogomoto Prototype LLC. Copyright 2003, Mogomoto Prototype LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Mogomoto Prototype LLC or purchasing Mogomoto Prototype LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Mogomoto Prototype LLC or to purchase Mogomoto Prototype LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Mogomoto Prototype LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Mogomoto Prototype LLC used in the site are trademarks or registered trademarks of Mogomoto Prototype LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Mogomoto Prototype LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mogomoto Prototype LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Mogomoto Prototype LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Mogomoto Prototype LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Mogomoto Prototype LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Mogomoto Prototype LLC product is mistakenly listed at an incorrect price, Mogomoto Prototype LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Mogomoto Prototype LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mogomoto Prototype LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions 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 Mogomoto Prototype LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Mogomoto Prototype LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Mogomoto Prototype LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Mogomoto Prototype LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Mogomoto Prototype LLC products) must be commenced within one (1) year after the claim or cause of action arises. Mogomoto Prototype LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Mogomoto Prototype LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Mogomoto Prototype LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Mogomoto Prototype LLC 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, Mogomoto Prototype LLC 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, Mogomoto Prototype LLC 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 Mogomoto Prototype LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Mogomoto Prototype LLC, 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 and conditions 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
In an attempt to provide increased value to our visitors, Mogomoto Prototype LLC may link to sites operated by third parties. However, even if the third party is affiliated with Mogomoto Prototype LLC, Mogomoto Prototype LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Mogomoto Prototype LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Mogomoto Prototype LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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