TERMS OF ACCESS
THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND LDJ NETWORKS, INC. ("SITE OWNER"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING AND/OR OTHERWISE USING THIS WEB SITE ("SITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD 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. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, BROWSE AND/OR USE THIS SITE. THE MATERIAL PROVIDED ON THIS SITE IS PROTECTED BY LAW, INCLUDING, BUT NOT LIMITED TO, UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES.
THIS SITE, IT'S CONTENT AND ALL "NON-BONUS" PRODUCTS ARE EXCLUSIVELY OWNED BY LDJ NETWORKS, INC. ALL BONUS ITEMS ASSOCIATED WITH THIS SITE ARE LICENSED TO LDJ NETWORKS, INC.
SITE OWNER (LDJ NETWORKS, INC.) MAKES NO REPRESENTATION THAT MATERIALS CONTAINED IN THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY OTHER LOCATIONS BESIDES THE USA, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. THIS SITE AND ANY SERVICES OR PRODUCTS OFFERED ON THE SITE ARE AVAILABLE ONLY TO INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE SITE AND ANY SERVICES OR PRODUCTS OFFERED ON THE SITE ARE NOT AVAILABLE TO AND MAY NOT BE USED BY MINORS.
THESE TERMS OF ACCESS APPLY EXCLUSIVELY TO YOUR ACCESS TO AND USE OF THIS SITE AND DO NOT ALTER IN ANY WAY THE TERMS AND CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH SITE OWNER FOR PRODUCTS, SERVICES OR OTHERWISE. FURTHER, IF YOU BREACH ANY OF THESE TERMS AND CONDITIONS, YOUR AUTHORIZATION TO USE THIS SITE AUTOMATICALLY TERMINATES AND YOU MUST IMMEDIATELY DESTROY ANY DOWNLOADED OR PRINTED MATERIALS AND DISCONTINUE USE OF ANY HYPERLINKS TO THIS SITE. USE RESTRICTIONS
1. COPYRIGHT. ALL SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND OTHER FILES AND THE SELECTION AND ARRANGEMENT THEREOF ARE COPYRIGHTED MATERIALS OF LDJ NETWORKS, INC., (C) 2004, ALL RIGHTS RESERVED, OR BY THE ORIGINAL CREATOR OF THE MATERIAL. PERMISSION IS GRANTED TO DISPLAY, COPY, DISTRIBUTE, AND DOWNLOAD THE MATERIALS ON THIS SITE FOR PERSONAL, NONCOMMERCIAL USE ONLY, PROVIDED YOU DO NOT MODIFY THE MATERIALS AND THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED IN THE MATERIALS. YOU MAY NOT, HOWEVER, DISTRIBUTE, COPY, REPRODUCE, DISPLAY, REPUBLISH, DOWNLOAD, OR TRANSMIT ANY MATERIAL ON THIS SITE FOR COMMERCIAL USE WITHOUT PRIOR WRITTEN APPROVAL OF SITE OWNER. YOU MAY NOT "MIRROR" ANY MATERIAL CONTAINED ON THIS SITE ON ANY OTHER SERVER WITHOUT PRIOR WRITTEN PERMISSION FROM SITE OWNER. ANY UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THIS SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND PUBLICITY AND COMMUNICATIONS REGULATIONS AND STATUTES.
2. TRADEMARKS. THE TRADEMARKS, SERVICE MARKS, TRADE NAMES, AND LOGOS (THE "TRADEMARKS") USED AND DISPLAYED ON THIS SITE ARE REGISTERED AND UNREGISTERED TRADEMARKS OF SITE OWNER. IN ADDITION, ALL PAGE HEADERS, CUSTOM GRAPHICS, BUTTON ICONS, AND SCRIPTS ARE SERVICE MARKS, TRADEMARKS AND/OR TRADE DRESS OF SITE OWNER, AND MAY NOT BE COPIED, IMITATED OR USED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN PERMISSION OF SITE OWNER. YOU ACKNOWLEDGE THAT THE TRADEMARKS USED AND DISPLAYED ON THIS SITE ARE AND SHALL REMAIN THE SOLE PROPERTY OF SITE OWNER OR THE TRADEMARK OWNER. NOTHING IN THIS AGREEMENT SHALL CONFER ANY RIGHT OF OWNERSHIP OF ANY OF THE TRADEMARKS IN YOU. FURTHER, NOTHING IN THIS SITE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHT TO USE ANY TRADEMARK USED OR DISPLAYED ON THE SITE, WITHOUT THE EXPRESS WRITTEN PERMISSION OF SITE OWNER OR THE TRADEMARK OWNER. THE MISUSE OF THE TRADEMARKS DISPLAYED ON THIS SITE, OR ANY OTHER CONTENT ON THE SITE, IS STRICTLY PROHIBITED. ALL OTHER LOGOS, TRADEMARKS AND COPYRIGHTED MATERIAL DISPLAYED ON THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS, AND ARE NOT INTENDED TO IMPLY ANY ENDORSEMENT OR AFFILIATION BETWEEN SITE OWNER AND SUCH TRADEMARK OWNERS. ANY LOGOS, TRADEMARKS AND COPYRIGHTED MATERIAL CONTAINED ON THE SITE ARE USE FOR GOOD FAITH PRODUCT DESCRIPTION PURPOSES AND/OR TO PROPERLY INDEX THE CONTENT PAGES ON THE SITE.
3. HYPERLINKS. YOU ARE GRANTED A LIMITED, NONEXCLUSIVE RIGHT TO CREATE A "HYPERTEXT" LINK TO THIS SITE PROVIDED THAT SUCH LINK IS TO THE ENTRY PAGE OF THIS SITE AND DOES NOT PORTRAY SITE OWNER OR ANY OF ITS PRODUCTS OR SERVICES IN A FALSE, MISLEADING, DEROGATORY, OR OTHERWISE DEFAMATORY MANNER. THIS LIMITED RIGHT MAY BE REVOKED AT ANY TIME FOR ANY REASON WHATSOEVER. YOU MAY NOT USE FRAMING TECHNIQUES TO ENCLOSE ANY SITE OWNER TRADEMARK, LOGO OR TRADE NAME OR OTHER PROPRIETARY INFORMATION INCLUDING THE IMAGES FOUND AT THE SITE, THE CONTENT OF ANY TEXT OR THE LAYOUT/DESIGN OF ANY PAGE OR ANY FORM CONTAINED ON A PAGE WITHOUT SITE OWNER'S EXPRESS WRITTEN CONSENT. LINKS TO THIRD PARTY SITES ON THIS SITE ARE PROVIDED SOLELY AS CONVENIENCE TO YOU. IF YOU USE THESE LINKS, YOU WILL LEAVE THIS SITE. SITE OWNER HAS NOT REVIEWED ALL OF THESE THIRD PARTY SITES AND DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY OF THESE SITES, THEIR CONTENT OR THEIR POLICIES, INCLUDING, WITHOUT LIMITATION, PRIVACY POLICIES OR LACK THEREOF. SITE OWNER DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT THIRD PARTY SITES OR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS OR MATERIALS FOUND THERE, OR ANY RESULTS THAT MAY BE OBTAINED FROM USING THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT SITE OWNER SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH THIRD PARTY SITES.
4. DOWNLOADABLE MATERIALS. ANY SOFTWARE, INCLUDING CODES OR OTHER MATERIALS THAT ARE MADE AVAILABLE TO DOWNLOAD FROM THIS SITE, IS THE COPYRIGHTED WORK OF SITE OWNER AND/OR ITS SUPPLIERS AND AFFILIATES. IF YOU DOWNLOAD SOFTWARE FROM THIS SITE, USE OF THE SOFTWARE IS SUBJECT TO THE LICENSE TERMS IN THE SOFTWARE LICENSE AGREEMENT THAT ACCOMPANIES OR IS PROVIDED WITH THE SOFTWARE. YOU MAY NOT DOWNLOAD OR INSTALL THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THE TERMS OF THE APPLICABLE SOFTWARE LICENSE AGREEMENT. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS OTHERWISE PROVIDED FOR IN THE APPLICABLE SOFTWARE LICENSE AGREEMENT IN THE CASE OF SOFTWARE, OR THE EXPRESS WRITTEN CONSENT OF SITE OWNER IN THE CASE OF CODES OR OTHER DOWNLOADABLE MATERIALS.
5. LIMITED ACCESS. ACCESS TO THIS SITE IS LIMITED TO THE LINKED WEB PAGES SOLELY FOR THOSE USING THE INFORMATION ON THE SITE FOR THEIR OWN PERSONAL USE. EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY SITE OWNER, ANY ACCESS OR ATTEMPT TO ACCESS OTHER AREAS OF THE SITE OWNER COMPUTER SYSTEM OR OTHER INFORMATION CONTAINED ON THE SYSTEM FOR ANY PURPOSES IS STRICTLY PROHIBITED. YOU AGREE THAT YOU WILL NOT USE ANY ROBOT, SPIDER, OTHER AUTOMATIC DEVICE, OR MANUAL PROCESS TO MONITOR OR COPY THE WEB PAGES ON THE SITE OR THE CONTENT CONTAINED THEREIN WITHOUT SITE OWNER'S PRIOR EXPRESSED WRITTEN PERMISSION. YOU AGREE THAT YOU WILL NOT USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE SITE. YOU AGREE THAT YOU WILL NOT TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON SITE OWNER'S INFRASTRUCTURE.
DISCLAIMER OF WARRANTY
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SITE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. SITE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND SITE OWNER MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. SITE OWNER DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE OWNER DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL SITE OWNER, ITS PROVIDERS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES), DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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. U.S. GOVERNMENT RESTRICTED RIGHTS
THE MATERIALS ON THIS SITE ARE PROVIDED WITH "RESTRICTED RIGHTS." USE, DUPLICATION, OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO RESTRICTIONS AS SET FORTH IN APPLICABLE LAWS AND REGULATIONS. USE OF THE MATERIALS BY THE GOVERNMENT CONSTITUTES ACKNOWLEDGMENT OF SITE OWNER'S OR OTHER OWNER'S PROPRIETARY RIGHTS IN THEM. REVISIONS TO THIS AGREEMENT
SITE OWNER MAY REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING. BY USING THIS SITE YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS SITE AND PAGE TO DETERMINE THE THEN CURRENT TERMS AND CONDITIONS OF USE TO WHICH YOU ARE BOUND.
APPLICABLE LAWS & SEVERABILITY
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH INTERNATIONAL LAW, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS. SHOULD ANY PART OF THIS AGREEMENT BE FOUND TO BE ILLEGAL OR OTHERWISE UNENFORCEABLE, SITE OWNER AND YOU SHALL CONTINUE TO BE BOUND UNDER THE REMAINING TERMS OF THIS AGREEMENT.
AGENT DESIGNATED FOR DIGITAL MILLENNIUM COPYRIGHT ACT
LDJ NETWORKS, INC
PO Box 77947
Fort Worth, TX 76177
NOTICES OF COPYRIGHT INFRINGEMENT SHOULD CONTAIN THE FOLLOWING INFORMATION:
1. A PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER THAT IS ALLEGEDLY INFRINGED. 2. IDENTIFICATION OF THE COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED. 3. IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF INFRINGING ACTIVITY. 4. THE ADDRESS, TELEPHONE NUMBER, OR E-MAIL ADDRESS OF THE COMPLAINING PARTY. 5. A STATEMENT THAT THE COMPLAINING PARTY HAS A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW. 6. A STATEMENT, UNDER PENALTY OF PERJURY, THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND THAT THE COMPLAINING PARTY IS AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.
TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO PURCHASES BY CUSTOMERS (EACH, A "CUSTOMER") OF LDJ Networks, Inc., ("SELLER") ON ORDERS FOR PRODUCTS AND SERVICES SOLD IN THE UNITED STATES. YOU AGREE TO BE BOUND BY AND ACCEPT THIS AGREEMENT AS APPLICABLE TO YOUR PURCHASE OF PRODUCT(S) OR SERVICE(S) FROM SELLER. BY PLACING AN ORDER FOR PRODUCTS, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SELLER, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER SELLER STANDARD TERMS APPLY TO THE TRANSACTION. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN SELLER'S SOLE DISCRETION.
1. OTHER DOCUMENTS. OTHER THAN AS SPECIFICALLY PROVIDED IN ANY SEPARATE FORMAL PURCHASE AGREEMENT BETWEEN CUSTOMER AND SELLER, 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) WHICH IS SUBJECT TO ADDITIONAL OR ALTERED TERMS AND CONDITIONS WILL BE NULL AND VOID, UNLESS OTHERWISE AGREED TO IN A WRITTEN AGREEMENT SIGNED BY BOTH CUSTOMER AND SELLER.
2. GOVERNING LAW. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, USA. WEBSITE OWNER OPERATES FROM IT'S OFFICES IN DENTON COUNTY, TX
3. PAYMENT TERMS; ORDERS; QUOTES; INTEREST. TERMS OF PAYMENT ARE WITHIN SELLER'S SOLE DISCRETION, AND UNLESS OTHERWISE AGREED TO BY SELLER, PAYMENT MUST BE RECEIVED BY SELLER OR ITS AUTHORIZED AGENTS PRIOR TO SELLER'S ACCEPTANCE OF AN ORDER. PAYMENT FOR THE PRODUCTS WILL BE MADE BY CREDIT CARD, WIRE TRANSFER, OR SOME OTHER PREARRANGED PAYMENT METHOD UNLESS CREDIT TERMS HAVE BEEN AGREED TO BY SELLER. ORDERS ARE NOT BINDING UPON SELLER UNTIL ACCEPTED BY SELLER. CUSTOMER AGREES TO PAY INTEREST ON ALL PAST-DUE SUMS AT THE HIGHEST RATE ALLOWED BY LAW.
4. SHIPPING CHARGES; TAXES. SEPARATE CHARGES FOR SHIPPING AND HANDLING WILL BE DISPLAYED AT THE TIME OF PURCHASE. UNLESS CUSTOMER PROVIDES SELLER WITH A VALID AND CORRECT TAX EXEMPTION CERTIFICATE APPLICABLE TO THE PRODUCT SHIP-TO LOCATION PRIOR TO SELLER'S ACCEPTANCE OF THE ORDER, THE CUSTOMER IS RESPONSIBLE FOR SALES AND ALL OTHER TAXES ASSOCIATED WITH THE ORDER, HOWEVER DESIGNATED, EXCEPT FOR SELLER'S FRANCHISE TAXES AND TAXES ON SELLER'S NET INCOME.
5. TITLE; RISK OF LOSS. TITLE TO PRODUCTS PASSES FROM SELLER TO CUSTOMER ON SHIPMENT FROM SELLER'S FACILITY. LOSS OR DAMAGE THAT OCCURS DURING SHIPPING BY A CARRIER SELECTED BY SELLER IS SELLER'S RESPONSIBILITY. LOSS OR DAMAGE THAT OCCURS DURING SHIPPING BY A CARRIER SELECTED BY CUSTOMER IS CUSTOMER'S RESPONSIBILITY.
6. DISCLAIMER OF WARRANTIES. EXCEPT AS SPECIFIED IN SELLER'S RETURN POLICY STATED BELOW, ALL PRODUCTS PURCHASED FROM SELLER ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY. SELLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. SELLER WILL NOT BE LIABLE FOR 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. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, SELLER IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. BINDING ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST SELLER, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH, "SELLER" ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT (INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SELLER'S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CODE OF PROCEDURE THEN IN EFFECT . THE ARBITRATION WILL BE CONDUCTED BEFORE A SINGLE ARBITRATOR AND WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN CUSTOMER AND SELLER. THE ARBITRATION SHALL BE HELD IN BY TELEPHONE, EMAIL OR ONLINE. ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
10. APPLICABLE LAW; NOT FOR RESALE. CUSTOMER AGREES TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE VARIOUS STATES AND OF THE UNITED STATES AND THE EUROPEAN UNION. CUSTOMER AGREES AND REPRESENTS THAT IT IS BUYING FOR ITS PERSONAL USE ONLY, AND NOT FOR RESALE.
11. 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.
USER AGREEMENT
BY PURCHASING THIS PRODUCT, YOU AGREE TO THE FOLLOWING....
WE ARE NOT A GRANT-MAKING AGENCY AND WE MAKE NO GUARANTEES THAT AN INDIVIDUAL OR BUSINESS WILL QUALIFY FOR ANY GRANT LISTED IN THE DIRECTORY. THE PROCESS OF APPLYING FOR AND OBTAINING GRANTS CAN BE A LENGTHY AND INVOLVED PROCESS.
ERRORS AND DELAYS
CREDIT CARD PAYMENTS: MEMBERS ARE RESPONSIBLE FOR KEEPING CREDIT CARD INFORMATION UP TO DATE. LDJ NETWORKS, INC. RESERVES THE RIGHT TO SUSPEND AN ACCOUNT IF, FOR ANY REASON, WE ARE NOT ABLE TO PROCESS PAYMENT THROUGH THE CREDIT CARD PROVIDED BY THE MEMBER (E.G., CARD HAS EXPIRED, ACCOUNT NUMBER HAS CHANGED).
U.S. GRANT PROVIDER DIRECTORY (AND THE PARENT COMPANY LDJ Networks, Inc.) IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN RESPONDING TO A MEMBERSHIP REQUEST FORM CAUSED BY AN INCORRECT SHIPPING OR E-MAIL ADDRESS PROVIDED BY YOU OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.
REFUND AND CANCELLATION POLICY
YOUR HAPPINESS IS OF THE UTMOST IMPORTANCE TO US AND WE ARE SURE THE INFORMATION CONTAINED IN THE GUIDE WILL CONTENT YOU.
WE ARE SO CONFIDENT THAT OUR GUIDES AND RESOURCES WILL HELP YOU LOCATE ALL ELIGIBLE GRANTS THAT WE ARE OFFERING A 30 DAY, 100% GUARANTEE. IF FOR ANY REASON YOU ARE UNHAPPY WITH YOUR PURCHASE, SIMPLY USE OR SUPPORT TICKET SYSTEM TO REQUEST A REFUND.
OUR PUBLICATIONS ARE DELIVERED ON CD-ROM, AND VIA DOWNLOAD IN OUR MEMBERS AREA.
WE WILL REFUND THE PURCHASE PRICE OF THIS PUBLICATION TO THE ORIGINAL PURCHASER, LESS SHIPPING AND HANDLING FEES, IF ANY, FOR A PERIOD OF 30 DAYS FROM THE DATE OF PURCHASE. IN ORDER TO QUALIFY FOR OUR 30 DAY REFUND POLICY THE FOLLOWING CONDITIONS MUST BE MET:
1. THE CD-ROM, ASSOCIATED BOOKLETS, PAPERWORK, JEWEL CASES OR ANYTHING THAT WAS ORIGINALL SHIPPED TO THE PURCHASER MUST BE RETURNED TO US TO QUALIFY FOR A REFUND. ALL MATERIALS MUST BE RETURNED IN A LIKE NEW, RESELLABLE CONDITION. ALL RETURN SHIPPING FEES ARE THE SOLE RESPONSIBILITY OF THE PURCHASER. THERE ARE NO EXCEPTIONS TO THESE CONDITIONS.
THE 30-DAY MONEY-BACK GUARANTEE APPLIES TO CREDIT-CARD PAYMENTS ONLY. DUE TO THE COSTS ASSOCIATED WITH PROCESSING PAYMENTS MADE BY CHECK AND WESTERN UNION, WE ARE NOT ABLE TO OFFER THE 30-DAY MONEY-BACK GUARANTEE FOR MEMBERS WHO UTILIZE THESE PAYMENT METHODS.
WE WILL ISSUE THE REFUND IN THE FORM OF A CHECK OR A REFUND TO YOUR CREDIT CARD AT OUR DISCRETION.
YOU HAVE 30 DAYS TO DISPUTE ANY CHARGE OR PAYMENT PROCESSED BY LDJ NETWORKS, INC. IF YOU HAVE A QUESTION CONCERNING A CHARGE YOU BELIEVE IS INCORRECT, PLEASE CONTACT US AT HELP@GRANTS-EXPOSED.COM. TERMS AND CONDITIONS, OUR TERMS OF SERVICE, PRODUCT OFFERINGS AND PRICING ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT NOTICE.
IF THE PURCHASER DECIDES TO PURSUE REIMBURSEMENT THROUGH MEANS EXTERNAL TO OUR REIMBURSEMENT POLICY PROCESS, SAID PURCHASER MAY BE RESPONSIBLE FOR ALL CHARGEBACK FEES (THESE FEES ARE ASSESSED BY YOUR CREDIT CARD INSTITUTION ON OUR BUSINESS ACCOUNT), OUR COSTS TO PROCESS CHARGEBACK FEES AND ANY COLLECTION FEES ASSOCIATED WITH ACQUIRING SAID FEES.
Copyright © 2008 LDJ Networks, Inc.. All rights reserved.
