The Confirmation (“Confirmation”) together with these DriBot Terms and Conditions (“Terms”) and the Dribot Limited Warranty incorporated herein by reference (“Limited Warranty”) make up the entire agreement (“Agreement”) between Builder and Dribot, LLC related to the sale and purchase of products as listed on the Confirmation (“Products”).  

1. Contract.  Upon payment by Builder, this Agreement will become binding.  The Agreement is not subject to change, variation, or addition, irrespective of the wording of the acceptance by Builder without Dribot’s written consent specifically referencing acceptance of such different terms.  

2. Cancellation.  Builder may cancel the order for a full refund at any time up to the date of shipment.  Builder will receive a shipping notification email confirming the date of shipment.  To cancel your order, contact Dribot at 1-866-425-0274.  

3. Returns.  Builder can return the Products within 90 days of shipment for a full refund including return shipping costs.  To initiate a return, contact Dribot at 1-866-425-0274.  Builder shall ensure any return is properly packed and is responsible for any damage to Products if returned improperly packaged.  This 90-Day money-back guarantee is not transferrable to homeowner or otherwise.  

4. Products.  Products must be installed, used, and maintained per applicable product manuals and guides.  

5. Indemnification.  Dribot agrees to indemnify, defend and hold Builder harmless from and against all damages, liabilities, losses, costs, expenses and fees (including reasonable attorney’s fees and court costs) for any claims, demands, judgments and actions arising out of or related to Products or to acts or omissions on the part of Dribot or Dribot’s employees or agents in connection with the Products provided under this Agreement, except to the extent that such claims, damages, judgments and actions arise from the sole negligence or intentional misconduct of Builder or its employees or agents.  Under no circumstances will either party be liable to the other for indirect, special or consequential damages.  

6. Insurance. Dribot agrees to maintain, at its expense, commercial general liability, including product/completed operations and personal injury with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate.  

7. Additional insured.  Dribot agrees to name Builder as an additional insured on the insurance specified in paragraph 6 herein, however, Builder is entitled to coverage only for Dribot’s indemnification obligations as provided for in paragraph 5 herein.  

8. Warranty.  Products are covered by the Limited Warranty.  The Limited Warranty is transferrable during the warranty period. 

9. Payment Terms. Payment is due at time of purchase.  The Confirmation will detail the amount paid and the amount due and owing (“Balance”).  The Balance will be automatically charged on the date of shipment to the credit card used for the order payment.  

10. Shipping.  Products will be shipped FOB shipping point, freight collect.  Upon original receipt, the Builder should inspect the package contents immediately and file any delivery damage claims with the delivering carrier.

11. Choice of Law and Forum.  This Agreement is governed by and construed according to the laws of the State of Indiana, without regard to conflict of laws.  In the event of a dispute relating to this Agreement that the parties are unable to resolve through negotiations, the parties hereby agree to the exclusive jurisdiction of the Circuit Court for Marion County, Indiana or if jurisdictionally available, the U.S. District Court for the Southern District of Indiana/Indianapolis Division.  Each party irrevocably consents to the jurisdiction of those courts and to service of process anywhere in the world.  

12. No Third-Party Beneficiaries.  This Agreement and all of its provisions and conditions are for the sole and exclusive benefit of the parties to this Agreement and their permitted assigns if any.

13. Entire Agreement.  This Agreement is the entire and only agreement, and supersedes all previous communications, promises, representations or agreements, whether verbal or written, with respect to the Products provided hereunder.