1. Order Acceptance
Placing an order, and our capturing payment for it at checkout, is your offer to purchase, not our acceptance. A charge to your payment method does not by itself form a contract. We may accept, decline, limit, or cancel any order, in whole or in part, at any time before shipment, for any reason, including suspected fraud, a pricing or listing error, or unavailability of the product ordered. If we decline or cancel an order after capturing payment, we will refund the full amount charged for the declined or canceled portion. Neon accepts your order, and a contract is formed, when Neon ships the product to you. The version of these Terms of Sale and the Terms of Use in effect on your order date, not the ship date, governs your purchase. Neon does not undertake to maintain, publish, or furnish a superseded version, and where the version in effect on your order date is not available, the version then posted governs.
2. Pricing Errors
We work to display accurate pricing, but a price on the Site may be listed in error because of a typographical, technical, or third-party platform error. We reserve the right to correct an inadvertent pricing error at any time, including after you have placed an order and even after payment has been charged, and to cancel or decline an order affected by the error. If we cancel or decline your order for this reason, your sole remedy is a full refund of any amount already charged for that order. We are not obligated to honor an incorrect price.
3. Product Availability; Quantity Limits
Products are offered subject to availability. We may limit the quantity of a product any customer or order may purchase, and may cancel or reduce an order that exceeds a limit we set, whether stated on the Site or not.
4. End Users Only; No Resale
Our products are sold to end users, such as swim teams, schools, clubs, aquatic centers, and coaches, for their own use, not for resale. We may refuse or limit an order that appears intended for resale or bulk redistribution.
5. United States Sales and Shipping Only
We sell and ship only to addresses within the United States. We do not accept international orders and are not responsible for a customer's attempt to forward or export a product outside the United States.
6. Risk of Loss on Shipment
Risk of loss of, and damage to, a product you purchase passes to you when Neon delivers it to the carrier for shipment to you. This section governs any product we ship to you; the separate trade-in device you may ship to us is governed by the Trade-In Program Terms and Conditions, which allocate that risk to you on the inbound leg. If the carrier's record never shows delivery, contact us; Neon will file a carrier claim and, at its option, reship or refund.
7. Warranty and Returns
Any warranty on a Neon product, and the process, conditions, and deadlines for returning it, are governed exclusively by our Warranty and Return Policy, which is incorporated into these Terms of Sale by reference and is not restated here.
8. Third-Party Software, Consultation, and Contract Engineering Services
If your purchase includes a license to third-party live streaming software Neon resells and integrates, that license is final once delivered; a refund is available only as the software's publisher provides for the license, not from Neon.
Consultation Neon provides in connection with live streaming integration is billed as delivered and is non-refundable once provided.
Contract engineering work Neon performs for you is governed by the signed agreement covering that engagement rather than by these Terms of Sale. Where no signed agreement covers the engagement, these Terms of Sale and the Terms of Use apply to it.
You are solely responsible for any consent, release, notice, or right required to record or broadcast participants at your event.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR A CLAIM ARISING OUT OF OR RELATING TO A PURCHASE THAT IS NOT GOVERNED BY THE WARRANTY AND RETURN POLICY OR THE TRADE-IN PROGRAM TERMS AND CONDITIONS, NEON'S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. NEON WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM A PURCHASE. This section governs the purchase transaction itself; it does not apply to a warranty claim or a Trade-In Program claim, which are governed by the liability provisions of the Warranty and Return Policy and the Trade-In Program Terms and Conditions, respectively. Some states do not allow the exclusion or limitation of certain damages, so this section may not apply to you to that extent.
10. Site-Wide Terms Apply
Your purchase is also governed by our Terms of Use above, including its disclaimers, feedback, indemnification, and limitation of liability provisions as they relate to Site use, and by our Privacy Policy for personal information. Section 15 of the Terms of Use states which document controls if they conflict.
11. Governing Law; Severability; Entire Agreement; Contact
These Terms of Sale are governed by the same governing law and exclusive venue, severability rule, entire-agreement list, and contact information stated in Terms of Use Sections 11 through 14 above, which apply to a purchase in the same way they apply to Site use generally.