If you require any more information or have any questions about our site's Terms of Sale, please feel free to contact us by email at [email protected]
Explodely LLC 1317 Edgewater Dr Suite #4648 Orlando FL, 32804 United States
These terms and conditions set out the terms and conditions between you, the customer, and Explodely LLC (“us”, “we”), governing the use of our website and our downloadable digital products and physical products, including the content therein (the “products”). Explodely is the Trusted Retailer of this product, also known as the Merchant of Record (MoR). We are the legal entity responsible for selling and delivering purchased goods/services to you, the end customer, as well as calculating, filing, and remitting sales tax in your location. Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
1.1 Explodely Refund Policy will allow for the return of any product within 60 days from the date of purchase.
1.2 Data submitted in conjunction with this purchase is handled within the curtailment of our Privacy Policy.
1.3 The geographic location of your computer has been recorded. All attempts at fraud will be prosecuted.
1.4 You consent to receive a SMS message for order fulfillment.
1.5 You consent to have your email, address, and phone number securely stored and pre-filled on future purchases.
1.6 By entering your e-mail address and phone number, you consent to Explodely sharing that information with the seller and/or affiliate, related to this product, for order fulfilment and marketing purposes.
1.7 By entering your e-mail address and phone number, you consent to receive receipts, product updates and marketing emails from Explodely, for related products and services. You can withdraw this consent at anytime by using the unsubscribe link at the footer of every email message; or by replying via SMS with the words "STOP" or "UNSUBSCRIBE".
By purchasing any product, service, or digital asset from Explodely you agree to abide by our Refund Policy and Dispute Resolution Procedures as outlined in these Terms and Conditions.
Filing a chargeback or payment dispute through your bank, credit card issuer, or payment provider without first seeking resolution through our official refund request process is a violation of these Terms and Conditions.
In the event that you initiate a chargeback:
If you believe you are entitled to a refund, you must contact us directly at [email protected] to request one. Refund requests made through chargebacks will not be honored, and any amounts recovered through collections will be non-refundable.
By proceeding with your purchase, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
These Terms of Use shall be governed by and construed in accordance with US law and the parties irrevocably agree that the US courts shall have exclusive jurisdiction over any claim or matter arising under or in connection with these Terms of Service.
a) Account: You may visit and browse the Explodely Services without registering or opening an Explodely account with us. You can locate your previous orders via https://explodely.com/ordersearch/.
b) Privacy: We use certain information that we collect from you to operate and provide the Explodely Services. Please read our Privacy Policy as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. It is your responsibility to read the current Privacy Policy, so please check it before you make a purchase. By using the Explodely Services, you expressly consent to our collection, use and disclosure of your Data as described in our Privacy Policy.
c) Your Rights to Access/Use the Explodely Services: You may use the Explodely Services to browse the Digital Content and download or access Digital Content on Supported Devices solely for your personal, non-commercial use. Explodely Content is licensed, not sold, to you by us or our Third-Party Content Providers. We (and, where applicable, our Third-Party Suppliers) own all rights, title and interest in and to the Explodely Services (and all Digital Content) and all enhancements, upgrades, and modifications, customizations, and all intellectual property rights therein. All rights, title and interest in the Explodely Services and Digital Content not expressly granted to you in these Digital Content Terms of Sale are reserved. Without limiting the foregoing, no Explodely trademark or trade dress may be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.
d) Violation of these Terms: If you violate any of these Terms of Sale, your rights under this license will immediately terminate, and we may terminate your access to the Explodley Services without refund to you.
e) Links to Third-Party Websites: The Explodely Services may include links to third-party websites that let you leave the Explodely Services. These linked sites are not under the control of Explodely and Explodely is not responsible for the contents of any linked site or any link contained in a linked site. Explodely is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Explodely of such site. Your use of the third-party website may be subject to that third-party’s terms and conditions.
You agree to defend, indemnify and hold harmless us and our Affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Explodely Services or or relating to your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE EXPLODELY SERVICES, EXPLODELY CONTENT INCLUDING DIGITAL CONTENT, ANY EXPLODELY ACCOUNT AND ANY DIGITAL MARKETPLACE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE EXPLODELY SERVICES, THE EXPLODELY CONTENT INCLUDING DIGITAL CONTENT, ANY EXPLODELYAND ANY DIGITAL MARKETPLACE IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE EXPLODELY SERVICES, THE EXPLODELY CONTENT INCLUDING DIGITAL CONTENT, ANY EXPLODELY ACCOUNT AND ANY DIGITAL MARKETPLACE OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NONINFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRDPARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE EXPLODELY SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE EXPLODELY SERVICES.
a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE EXPLODELY SERVICES AND/OR EXPLODELY CONTENT INCLUDING DIGITAL CONTENT, ANY EXPLODELY ACCOUNT AND/OR ANY DIGITAL MARKETPLACE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE EXPLODELY SERVICES, THE EXPLODELY CONTENT INCLUDING DIGITAL CONTENT, YOUR EXPLODELY ACCOUNT OR ANY DIGITAL MARKTETPLACE EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).
a) Changes to these Terms of Sale: We may, in our sole discretion, modify these Terms of Sale from time to time without notice to you. Each time you access and/or use the Explodely Services, you agree to be bound by these Terms of Sale. We recommend that you periodically review these Terms of Sale so that you are aware of the terms and conditions that apply to your use of the Explodely Services. You agree that such modified Terms of Sale will be effective immediately and that we may provide notice to you of any modifications to the Terms of Sale by posting them on the Explodely Services. Your continued use of the Explodely Services after the modified Terms of Sale are posted will constitute your affirmative acceptance to the modified Terms of Sale. If you do not agree to, or cannot comply with, the Terms of Sale as amended, you must stop using the Explodely Services, including all Digital Content.
b) Governing Law: Jurisdiction. These Terms of Sale will be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of laws principles.
c) Assignment: These Digital Content Terms of Sale and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign or transfer these Terms of Sale or any of our rights and obligations under it.
d) Contact Information: If you would like to contact us with questions regarding this Policy, any matter related to it or for anything else, you may send us an email at [email protected]
This document was last updated on June 08, 2023
