Terms of Use

Terms of Use include Privacy Policy, Return Policy, Satisfaction Guarantee and other important terms.

(Last updated: March 19, 2021)

We (the folks at Victory ExoFibres LLC) run an e-commerce website called victoryef.com and would love for you to use it. If you find anything on victoryef.com web page that you believe violates these Terms of Use, please contact us immediately.

A. Terms of Use

The following Terms of Use govern all use of the victoryef.com website and all content, products, and services available at or through the website (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the Terms of Use contained herein and all other operating rules, policies (including, without limitation, VEF’s Privacy Policy) and procedures that may be published from time to time by VEF (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Victory ExoFibres LLC (“VEF” or “we”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the Terms of Use of this agreement. If you do not agree to all the Terms of Use of this agreement, then you may not access or use any of our Services. If these Terms of Use are considered an offer by VEF, acceptance is expressly limited to these terms.

If you are under 18, you may use our Services only with involvement of a parent or guardian. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Use of our Services may require an victoryef.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

 1. victoryef.com.

Your victoryef.com Account and Website. If you use your victoryef.com account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify VEF of any unauthorized uses of your account or any other breaches of security. VEF will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

VEF has the right (though not the obligation) to, in VEF’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in VEF’s reasonable opinion, violates any VEF policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of victoryef.com to any individual or entity for any reason. VEF reserves the right to refuse service, terminate accounts, terminate your rights to use Services, remove or edit content, or cancel orders in its sole discretion.  VEF will have no obligation to provide a refund of any amounts previously paid, with the exception of amounts subject to the terms of the Victory ExoFibres Satisfaction Guarantee.

Advertisements. VEF reserves the right to display advertisements on victoryef.com.

2. Responsibility of Visitors.

 VEF has not reviewed, and cannot review, all of the material, including computer software, website themes, plugins and widgets posted to our Services, and cannot, therefore, be responsible for that material’s content, use or effects. By operating our Services, VEF does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional Terms of Use, stated or unstated. VEF disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Privacy Policy

Your privacy is important to us, and we will take care to protect your privacy when reasonably possible. This website makes use of cookies (stored personal data for the purpose of improving the user experience). If you are on a public or shared computer, please logout or delete your Internet browsing cache when you are done to protect your information. On this website, you may be asked to enter the following information: Name, Phone and/or Fascimile Numbers, Mailing Address, E-mail Address, Organization / Business Affiliation, Job Title / Position, as well as your Opinion and any other contact information and/or personal details that might help us serve you better. We may gather this information in order to get in touch with you, improve our services, as well as compile the necessary details in order to get in touch with you. By providing this information, you grant us the right to distribute your information to other agencies, groups, organizations and individuals to whom it may be relevant.

4. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which victoryef.com links, and that link to victoryef.com. VEF does not have any control over those non-victoryef.com websites and is not responsible for their contents or their use. By linking to a non-victoryef.com website, VEF does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. VEF disclaims any responsibility for any harm resulting from your use of non-victoryef.com websites and web pages.

5.     Copyright Infringement and DMCA Policy.

As VEF asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by victoryef.com violates your copyright, you are encouraged to notify VEF. VEF will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. VEF will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of VEF or others. In the case of such termination, VEF will have no obligation to provide a refund of any amounts previously paid to VEF.

6.     Intellectual Property.

This Agreement does not transfer from VEF to you any VEF or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with VEF. VEF, Safe Water Blog, victoryef.com, the victoryef.com logo, and all other trademarks, service marks, graphics and logos used in connection with victoryef.com or our Services, are trademarks or registered trademarks of VEF or VEF’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any VEF or third-party trademarks.

7.     License and Access

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, VEF or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by VEF or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VEF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VEF, victoryef.com or safewaterblog.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing victoryef.com's name or trademarks without the express written consent of VEF. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by VEF terminate if you do not comply with these Terms of Use or any Service Terms.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, on a case-by-case basis. Any offer for any product or service made on this site is void where prohibited.  We reserve the right to refuse any order you place with us or limit or cancel quantities purchased per person, per household or per order, in any customer account or combination of customer accounts. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

8.     Risk of Loss

All purchases of physical items from VEF are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

9.     Returns Refunds and Title

VEF does not take title to returned items until the item arrives at our shipping address. At our discretion, a refund may be issued without requiring a return. In this situation, VEF does not take title to the refunded item.

10.  Product Descriptions

VEF attempts to be as accurate as possible. However, VEF does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered by victoryef.com itself is not as described, your sole remedy is to return it in unused condition. 

11.  Changes.

 We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose. 

12.  Payment Terms

All payments due under this Agreement are due on the date stated on the billing statement you receive from us.

The occurrence of any of the following events will constitute a default under this Agreement: (i) you fail to pay any amount payable by you for products are services ordered within ten (10) days of the agreed due date; (ii) you fail to observe or perform any covenant or agreement contained herein; or (iii) you become insolvent or any proceeding is instituted by or against you alleging that you are insolvent or bankrupt.

Upon any default by you as described in paragraph immediately above, we have the option to immediately terminate our service Agreement without notice. The entire payment amount under this Agreement will become immediately due and payable and the deposit, if any, will be applied to your outstanding balance. Where allowed by law, you agree to pay all costs of collection, including reasonable attorney fees.

13. Termination.

VEF may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your victoryef.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14.  Disclaimer of Warranties.

EXCEPT AS PROVIDED HEREIN THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANT ABILITY OR OTHERWISE. ALL PRODUCT IS SOLD ON AN "AS IS," "WITH FAULTS" BASIS. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCE FOR ANY CONSEQUENTIAL OR INCIDENTAL LOSS NOR SUBSEQUENT DAMAGE OR EXPENSES RELATED TO ANY PRODUCT, SERVICES OR MATERIAL OBTAINED FROM US.

15.  Limitation of Liability.

In no event will VEF, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to VEF under this agreement during the twelve (12) month period prior to the cause of action. VEF shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16.  General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the VEF Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

17.  US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and VEF reserve the right to terminate accounts or access of those in the event of a breach of this condition.

18.  Indemnification.

You agree to indemnify and hold harmless VEF, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

19.  Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

20.  Our Address

victoryef.com, 160 Brookbend Dr, Central, SC 29630.

21.  How to Serve a Subpoena

If you have the subpoena to serve to VEF, please note that VEF does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served by registered mail (signature required) to: 160 Brookbend Rd, Central, SC 29630, Attn: Victory ExoFibres LLC – Subpoena.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases.

22.  Miscellaneous.

This Agreement constitutes the entire agreement between VEF and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VEF, or by the posting by VEF of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of South Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in South Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Greenville, South Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its Terms of Use; VEF may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

23.  Terms of Service Specific for Laboratory Research Products and Services

To be added

24.  Return Policy 

If you need to return your purchase, we are happy to take it back within 30 days for General returns, Damaged items or Mis-shipments.

To return an item:

  1. Click on the Contact Us link in the navigation bar of our website and then fill out the information.

  2. We will respond to you either via email or phone. Once we have the information required, we will send you a pre-paid return label. (Pre-paid label will only be available on orders being returned from domestic addresses.) Print out and attach this label to your order, then give it to your mail carrier.

  3. Once we receive your order, we will process your refund per our return policies.

    Ship to:

victoryef.com

160 Brookbend Dr

Central, SC 29630

IMPORTANT NOTES:

Damaged/Missing Items. When you receive your order, please inspect all of the products immediately. If a product is damaged or missing, please email us at info@victoryef.com immediately, so we can reship your products to you. Please save all boxes and packaging materials for carrier inspection.

Canceled Orders Policy. Most orders will ship the same-day or within one business day. If you contact us before shipment of your order, we may be able to cancel your order.  If your order has already shipped, we cannot cancel your order. You may return your order.

Refused Shipments. If you refuse the delivery and your order is returned to us, you will be credited the total price of the product. Shipping costs will be refunded for domestic orders shipped by UPS Ground.

Undeliverable Address. If the shipping address is an undeliverable address, and your package is returned to us, you can be credited the total price of the product.  Shipping costs will be refunded for domestic orders shipped UPS Ground. Alternatively, we can reship the product to you once we update your shipping address and/or shipping method. For domestic orders, we will even pay to reship the product to you by UPS Ground.

Expedited Orders. Shipping charges for expedited orders will not be refunded for cancelled orders, refused deliveries, or undeliverable address.

25.  victoryef.com Sales Tax Information

South Carolina residents and businesses are subject to a sales tax on all orders. Orders from all other states are not subject to sales tax upon checkout.  If you are a South Carolina Sales-Tax-exempt organization, please email your tax-exempt form to us before your order ships. We will remove the Sales Tax from your order. If you are a Sales-Tax-exempt organization from another state, we do not need your Sales-Tax-exempt form, because sales tax is not charged upon checkout.

The state of South Carolina has fairly simple rules when it comes to taxes on shipping. If the item being shipped is considered to be taxable, then the shipping charge is considered to be taxable as well. In the state of South Carolina, sales tax is legally required to be collected from all tangible, physical products being sold to a consumer.

26.  victoryef.com Satisfaction Guarantee

  Satisfaction Guarantee Conditions

You can file a claim when all of the following applies:

1)   You’re unsatisfied with the product purchased.

2)   You have purchased the product in its entirety directly through the victoryef.com website.

3)   Your use of the product was limited to the description of the product on victoryef.com.

4)   Your use of the product was completed within 30 days of your product purchase date.

5)   You submitted your claim within 60 days of your product purchase date.

After you file a claim with the necessary information, we will investigate and work with you to quickly resolve the issue.

Satisfaction Guarantee Claim Restrictions and Limitations

The following situations are not covered by the Victory ExoFibres Satisfaction Guarantee:

  • The product was never used.

  • Any portion of the product use was performed with products not purchased from victoryef.com, such as reagents not included in our kits.

  • Dissatisfaction with pricing or shipping times.

  • Claims not documented in entirety using the Victory ExoFibres Satisfaction Guarantee claim form.

  • Product claim unrelated to the product.

  • Unforeseeable or latent defects in the premises.

These situations may limit your coverage under the Victory ExoFibres Satisfaction Guarantee:

  • Claims with incomplete documentation.

  • Claims resulting from improper use of products (as defined by the manufacturer).

  • Claims involving products, or uses of products, that are prohibited by law.

  • Claims involving the use of the products by persons other than the purchaser.

  • If you refuse the package and the return does not have tracking information, your claim may not be covered.