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Web Site Terms and Conditions of Usage
IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of the www.thesipstore.com Web Site (the "Web Site") provided by The SIPSTORE, LLC (the "Company"). These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated: January 9, 2008.
1. Permitted Use.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
2. Proprietary Information.
User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
3. Disclaimer.
User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.
The Company expressly disclaims any and all warranties with respect to any Content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
4. Limitation on Liability.
The Company, its Licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose.
5. Indemnity.
User will indemnify and hold the Company, its Licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
Copyright 2008 - The SIPSTORE, LLC
Terms and Conditions of Sale
This Agreement contains the terms and conditions that apply to your purchase(s) from the www.thesipstore.com website of products and accessories (collectively the Products) and/or services and support ("Services") sold in the United States. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you. This contract was last revised on January 9, 2008.
By placing an order you acknowledge that you have read, accepted and agreed to be bound by these Terms and Conditions and to comply with all applicable laws and regulations including U.S. export and re-export control laws and regulations. These Terms and Conditions apply unless you have signed a separate purchase agreement with The SIPSTORE, LLC. These Terms and Conditions are subject to modification without prior written notice at any time in The SIPSTORE, LLC's sole discretion.
The Terms and Conditions of this Agreement shall govern unless you return the products or discontinue the Services within thirty (30) days after receiving the Products or Services.
1. Price and Payment Terms.
Your total price for the Products and Services will be stated on your purchase receipt. Terms of payment are within The SIPSTORE, LLC's sole discretion and, unless otherwise agreed to by The SIPSTORE, LLC, payment must be received by The SIPSTORE, LLC prior to The SIPSTORE, LLC's acceptance of an order. Payment for the products and services and support must be made by credit card (Visa or MasterCard), debit card (issued by Visa or MasterCard) or some other prearranged payment method, unless credit terms have been agreed to by The SIPSTORE, LLC. Orders are not binding upon The SIPSTORE, LLC until accepted by The SIPSTORE, LLC, and The SIPSTORE, LLC reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the Products or Services is a mistake. Any price quotations given by The SIPSTORE, LLC will be valid for the period stated on the quotation. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide The SIPSTORE, LLC with a valid and correct tax exemption certificate.
2. Shipping and Title.
The SIPSTORE, LLC will arrange shipping of the Products to your address. Title to the Products passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. The SIPSTORE, LLC will inform you of estimated shipment dates.
3. Inspection of Products upon Receipt.
You must examine the Products when you receive them. If any item is damaged or missing, you must notify The SIPSTORE, LLC at once. The SIPSTORE, LLC will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.
4. Products.
The SIPSTORE, LLC may revise and discontinue Products at any time. The SIPSTORE, LLC will ship you Products that have the functionality and performance of the products you ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
5. Warranties.
This warranty gives you specific legal rights. You may also have other rights that vary from state to state. The limited warranties applicable to the Products are included in the documentation along with the Products. The SIPSTORE, LLC makes no express warranties except those stated in this section. Any such warranties will be effective, and The SIPSTORE, LLC will be obligated to honor any such warranties, only upon The SIPSTORE, LLC's receipt of payment in full for the item to be warranted. The SIPSTORE, LLC disclaims all other warranties, express or implied, including, without limitation, warranties of quiet enjoyment and non-infringement, merchantability for computer programs and implied warranties of merchantability, fitness for a particular purpose and informational content. The SIPSTORE, LLC's responsibility for warranty claims is limited to the manufacturer's warranty in effect on the date of the invoice. The SIPSTORE, LLC reserves the right to modify its warranty at any time, in its sole discretion. If there is any software provided with the Products, it is provided subject to the license agreement that is part of the package. You will be bound by the license agreement once the package is opened or its seal is broken. The SIPSTORE, LLC does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you.
6. Limitation of Liability.
The SIPSTORE, LLC shall have no liability whatsoever beyond the remedies set forth herein, including, without limitation, loss of data, lost profits, loss of business, or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies both to products and services you purchase under this agreement. In no event shall the total aggregate liability for The SIPSTORE, LLC exceed the amounts paid by you for the products or services. 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.
7. Return Policies and Exchanges.
If you bought Products directly from The SIPSTORE, LLC, you may return them to The SIPSTORE, LLC up to thirty (30) days from the date of the invoice for a refund of the purchase price. There will be a 15% restocking fee applied to all refunds. To return Products, you must call The SIPSTORE, LLC Customer Service at (208)324-0982 to receive a Return Authorization Number. You must ship the Products to The SIPSTORE, LLC in their original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. You may return software for a refund or credit only if the sealed package containing the diskettes, CD's or other media containing the programs is unopened. Returned Products must be in "as-new" condition, and all of the manuals, diskettes, power cables and other items included with a Product must be returned with it. Any returned Product shipped C.O.D., or without a Return Authorization Number visible on the exterior of the carton, may be refused by The SIPSTORE, LLC. From time to time, The SIPSTORE, LLC may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with The SIPSTORE, LLC's exchange policies in effect on the date of the exchange.
8. Entire Agreement.
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and The SIPSTORE, LLC.
9. Applicable Law.
This Agreement is made and shall be construed in accordance with the laws of the State of Idaho, in courts located in Jerome County. Reasonable attorney's fees shall be reimbursed by the losing party to the prevailing party in litigation.
10. Headings.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
11. Severability.
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
12. Force Majeure.
The SIPSTORE, LLC shall not be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.
Copyright 2008 - The SIPSTORE, LLC
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