Terms and Conditions of Sale

Last updated:  February 7, 2022
These Terms & Conditions (the “Terms”) govern the relationship between HMW Solutions, L.L.C., d/b/a Securexnuts.com (hereinafter, “Securexnuts,” “us,” or “we”) and you regarding your use of the website at www.Securexnuts.com (“Website”).  The Website is owned and operated by Securexnuts. 
Use of the Website is also governed by Securexnuts Privacy Policy, the current version of which can be found at www.securexnuts.com/pages/privacy-policy (the “Privacy Policy”), which is incorporated herein by reference.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE WEBSITE.  BY ACCESSING OR USING THE WEBSITE OR PURCHASING PRODUCTS THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.  IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE WEBSITE. YOU ARE ALSO AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER.  FURTHER DETAILS REGARDING THIS WAIVER ARE IN SECTION 4.1 BELOW. 
If you are using the Website on behalf of another person or entity (the “Principal User”), then you agree that the Principal User has authorized you to act on the Principal User’s behalf and to obligate the Principal User to be bound by these Terms and you hereby agree to these Terms in the name of and on behalf of the Principal User.  Except in the prior sentence, as used in these Terms (and the Privacy Policy and any other policies), “you” refers to the Principal User on behalf of whom the Website is used.  You accept full responsibility for any unauthorized use of the Website by individuals or entities not authorized to use the Website on your behalf.  
1.               Basic Rules and Rights We Are Granting.
1.1.          Minimum Age Requirement For Users Who Are Individuals.  You must be at least 18 years old in order to use this Website and purchase products (“Products”) that we sell through the Website.
1.2.          Authorized Use.  You accept full responsibility for any unauthorized use of the Website (such as unauthorized purchases of Products) by individuals or entities not authorized by you.  You shall not make a purchase using a false identity or false information, or on behalf of someone other than yourself.
1.3.          Supplemental Policies.  You acknowledge that Securexnuts may have in place policies that supplement these Terms regarding use of the Website or purchase of Products available at www.securexnuts.com/pages/supplemental-policies and these policies supplement these Terms and are incorporated by reference.
1.4.          Restrictions.  The following restrictions apply to the use of the Website and you agree that you shall not do any of the following:
(a)             engage in any act that Securexnuts deems to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms;
(b)             use the Website in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
(c)             use the Website to engage in any illegal conduct;
(d)             gain, or attempt to gain, unauthorized access to the Website, servers or networks connected to the Website by any means; and
(e)             interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by these Terms;
1.5.          Suspension and Termination of Access to Website:
WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCESS TO THE WEBSITE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOU USE THE WEBSITE FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE. 
1.6.          Intellectual Property Ownership in the Website.  The Website, and all of its related components and contents, (including without limitation, any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by Securexnuts or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.   
2.               Sales of Products.
2.1.          Order Acceptance and Cancellation. You agree that the Website allows you to submit an order to purchase Products and your submitted order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Securexnuts and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by submitting your cancelation via www.securexnuts.com/pages/contact-us.
2.2.          Prices and Payment Terms.
(a)             All prices posted on this Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b)             Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Shop Pay, Google Pay, Visa, Mastercard, American Express and Discover for all purchases. You agree that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
2.3.          Shipments; Delivery; Title and Risk of Loss.
(a)             We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b)             Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
2.4.          Limited Warranty; Limitation of Liability. 
(a)             IMPORTANT NOTICES.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
(b)             THIS LIMITED WARRANTY CAN ALSO BE FOUND AT www.securexnuts.com/pages/warranty-returns AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
(c)             WE WARRANT THAT DURING THE WARRANTY PERIOD (AS DEFINED BELOW), THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(d)             OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND WITHIN 30 DAYS OF THE ORIGINAL PURCHASER REPORTING A DEFECT TO SECUREXNUTS.
(e)             Original Purchaser Only.  This limited warranty extends only to the original purchaser of Products from the Website. It does not extend to any subsequent or other owner or transferee of a Product.
(f)              General Scope of Warranty Coverage.  This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the Products.  This limited warranty becomes null and void if the Products are misused (used for a purpose other than originally intended), improperly installed, modified, altered, repaired or otherwise abused by you or others (including, without limitation, installation via impact wrench, exposure to harsh chemicals or lack of reasonable maintenance).  Securexnuts recommends hand tightening of all wheel fasteners with a torque wrench to OEM specified torque.
(g)             Warranty Time Period.  This limited warranty starts on the date of your purchase and lasts for one year (such time period is the "Warranty Period"). The Warranty Period is not extended if we replace a Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(h)             Obtaining Warranty Service.  To obtain warranty service, you must contact us via www.securexnuts.com/pages/contact-us.
(i)              Limitation of Liability Specific to Warranty.  THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 
3.               Legal and Product Related Notices.
We may be required to provide you with certain notices and content in connection with your use or purchase of Products.  You agree that we may provide you with such notices and content by either emailing you such notices to the email address that we have on file for you or by providing you with a link to a website where such notices and content will be posted.  Certain other notices regarding our Products may also be posted on a link accessible through the Website. 
4.               General Provisions.
4.1.          Arbitration and Class Action Waiver.  EXCEPT FOR ANY EQUITABLE RELIEF SOUGHT BY SECUREXNUTS TO PROTECT ITS RIGHTS, YOU AND SECUREXNUTS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.  ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 4.1. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SECUREXNUTS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
4.2.          Severability.  If any provision of these Terms or the Privacy Policy is found invalid, illegal, or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity, illegality, or unenforceability without affecting the validity, legality, or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
4.3.          Assignment.  Securexnuts may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent.  You may not assign or delegate any rights or obligations under the Terms without the prior written consent of Securexnuts; any purported assignment or delegation in violation of this Section 4.3 is void.
4.4.          Entire Agreement.  These Terms, together with any supplemental policies, the Privacy Policy, and any other documents expressly incorporated by reference herein, contain the entire agreement between Securexnuts and you with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
4.5.          No Waiver.  The failure of Securexnuts to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of RETAILER’s right to assert or rely upon any such provision or right in that or any other instance.  The express waiver by Securexnuts of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. 
4.6.          Notices.  We may notify you via postings on www.securexnuts.com/pages/notices and via email or any other communications means through contact information you provide to us.  All notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to the address in this Section 4.6.  Any notices that you provide without compliance with this Section 4.6 shall have no legal effect.
Securexnuts
7689 19 Mile Rd
Sterling Heights, MI 48314
Attn: General Manager
 
4.7.          Force Majeure.  Securexnuts shall not be liable for any delay or failure to deliver or provide warranty related services for Products resulting from causes outside the reasonable control of Securexnuts, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Securexnut's control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics (including COVID-19), accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.
4.8.          Choice of Law. The Terms and Privacy Policy shall be governed by the laws of the State of Illinois notwithstanding its conflicts of law provisions.  For any legal claims, actions or suits that are not subject to arbitration, you and Securexnuts agree that all such claims, actions or suits shall be instituted in the federal courts of the United States of America or the courts of the State of Illinois in each case located in the City of Chicago, Illinois and each party irrevocably submits to the exclusive jurisdiction of such courts in any such claim, action or suit.