Please read these terms and conditions of use ("Terms") carefully before using this website. By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be legally bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use this website.
1. Services. This Site is owned and operated by Faztek. Faztek provides you with access to a variety of resources, including product information and product purchasing (collectively "Services"). The Services, including any enhancements, are subject to the Terms.
2. Use Limitation. While we encourage you to print information to help you evaluate a purchase, unless otherwise specified, no software, products or services obtained from the Services may be modified, copied, downloaded, transmitted, distributed, displayed, performed, reproduced, published, licensed, transferred, sold or used to create derivative works from or used in any other way, except with prior written permission of Faztek, and with express attribution to Faztek. You may not alter or attempt to alter any materials or information on the Site, or the Site itself. You also may not, without our permission, "mirror" any material contained on this Site or any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.
3. Notice Specific to Software Available on this Website. Any software that is made available to purchase from this Website ("Software") is the copyrighted work of Faztek's suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The Software is made available for purchase solely for use by end users according to the License Agreement. Any reproduction or redistributions of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FAZTEK INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
4. Duration of This Agreement. This agreement will continue to be effective until either you or we terminate it. You may terminate this agreement at any time by destroying all materials you obtained from this Site, and ceasing to use the Site in any way. We may terminate this agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this agreement, or if we decide to modify the terms and conditions governing future use of this Site.
5. Ownership and Notice. You agree that Faztek is the owner or licensee of all rights in this Site and the materials which appear on the Site, and that you will not challenge those rights or do anything which might impair or damage those rights. The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Faztek and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Under no circumstances may you use any of the Trademarks, whether owned by or licensed to us. If you do print anything from our Site, you are required to include all trademark, copyright and other proprietary notices. You may not link to our Site without prior permission from us.
6. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Faztek server, or interfere with any other party's use and enjoyment of any Services, other accounts, computer systems or networks connected to any Faztek server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and Faztek will not be liable for any such unauthorized disclosure.
Faztek and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Faztek's products or marketing strategies might seem similar to ideas submitted to Faztek. So, please do not send your unsolicited ideas to Faztek or anyone at Faztek. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Faztek makes no assurances that your ideas and materials will be treated as confidential or proprietary.
8. Member Account, Password and Security. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify Faztek immediately of any unauthorized use of your account or any other breach of security of which you become aware. Faztek will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Faztek or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
9. Faztek's Terms of Sale and Warranties. Faztek's obligations, responsibilities, and warranties regarding its products and services are governed solely by Faztek's terms and conditions of sale or the license under which such products and services are sold or licensed.
10. Disclaimer Of Warranties And Limitation of Liability. THIS WEBSITE, AND THE AND INFORMATION CONTAINED ON THIS WEBSITE, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, Faztek DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. Faztek (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Faztek (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LIKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL Faztek (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
11. Special Admonition for International Use. This Site is controlled and operated by Faztek from its offices within the United States. Faztek makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Recognizing the global nature of the Internet, 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. You further specifically agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No images or materials from this Site may be downloaded or otherwise exported or re-exported in violation of U.S. laws or regulations controlling export transactions, including (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Jurisdiction, Governing Law and Miscellaneous. You agree that the laws of the State of Indiana, shall apply to all matters regarding the use of this Website. You also agree to submit to the exclusive personal jurisdiction and venue of Allen County, Indiana and the United States District Court for the Northern District of Indiana with respect to such matters. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between you and us with respect to the subject matter of this agreement, and all prior agreements, representations, statements and undertakings are hereby expressly terminated.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS AND CONDITIONS WILL APPLY TO AND GOVERN ALL PURCHASES OF ALL PRODUCTS SOLD OR DELIVERED TO YOU ("CUSTOMER") BY OR ON BEHALF OF FAZTEK, INCLUDING ANY LICENSES DOWNLOADED TO YOU FROM OUR WEBSITE OR OTHERWISE. FAZTEK RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE AT ANY TIME FOR ANY REASON, IN FAZTEK'S SOLE DISCRETION.
1. ACCEPTANCE. Your acceptance of each and all of these terms and conditions shall be indicated by any of the following, whichever occurs first:
(i) By clicking the "I ACCEPT" button below;
(ii) By your written acknowledgement of these terms and conditions;
(iii) By your acceptance of any shipment or download of any part of the items specified for purchase or delivery by you to Faztek;
(iv) By your placing any order for products or services over this website; or
(v) Any other act or expression of acceptance by you.
Other than as specifically provided in any separate formal agreement signed by Faztek, these terms and conditions may not be altered, supplemented, or amended, orally or in writing. Any attempt to alter, supplement or amend these terms and conditions or to place an order for products which is subject to additional or altered terms and conditions will be null and void. Faztek's silence or failure to respond to any subsequent term, condition or proposal shall not be deemed to be Faztek's acceptance or approval thereof.
2. INDEPENDENT CONTRACTORS. Customer hereby acknowledges that this Website may be co-branded by Faztek with a retailer, dealer or other entity ("Retailer"). Notwithstanding the possible co-branding of this Website, Customer acknowledges and agrees that any sales made hereunder are between Customer and Faztek solely based on the terms and conditions contained herein. Retailer and Faztek are independent contractors, and Retailer has no right or authority to make any representations or warranties on behalf of Faztek, or to in any way commit or obligate Faztek in any manner whatsoever. Retailer shall not be considered an agent, legal representative, partner or joint venture of Faztek, and Faztek shall have no liability to Customer or any other party for any statements, representations, warranties, acts or omissions of the Retailer.
3. DELIVERY. Unless otherwise agreed to in a writing signed by Faztek, delivery shall be made in accordance with Faztek's delivery policies in effect on the date of shipment. Risk of loss to the products shall pass from Faztek to Customer on shipment from Faztek's facilities or, as applicable, on commencement of download. Title to software shall remain with the applicable licensor. Faztek shall not be liable for any delays in delivery beyond the reasonable control of Faztek including, but not limited to, delays caused by unavailability or shortages of the products from Faztek's suppliers, natural disasters, acts of war, acts or omissions of Customer, fire, strike, riot, governmental interference, unavailability or shortage of materials, labor, telecommunications, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, transportation failures or computer-related or transmission failures. Customer specifically acknowledges that downloads over the Internet may fail, be corrupted or be delayed for a variety of reasons over which Faztek has no reasonable control, and Customer shall not hold Faztek liable for any failures, corruptions or delays.
4. PRICE AND PAYMENT. Terms of payment are within Faztek's sole discretion, and unless otherwise agreed to in a writing signed by Faztek, payment must be received by Faztek prior to Faztek's acceptance of an order from Customer. Payment for products may be made by Paypal or some other prearranged payment method accepted by Faztek unless Faztek has agreed to credit terms in writing. No order shall be binding upon Faztek until accepted by Faztek. Product and pricing data may change without notice. Final pricing on a Customer's order is effective on the date that payment for the order has been received. Separate charges for shipping and handling may be charged by Faztek. Customer is responsible for sales and all other taxes associated with the order, except for Faztek's franchise taxes and taxes on Faztek's net income. Faztek may add taxes and shipping charges to invoices or payment requirements. Customer shall indemnify and hold Faztek free and harmless from and against the imposition and payment of all taxes, whether or not they are stated in any invoice for products shipped to Customer. Faztek, at its option, may at any time, separately bill Customer for any taxes not included in Faztek's invoice or otherwise paid for by Customer and Customer shall pay such taxes, or in lieu thereof, shall provide Faztek with a tax exemption certificate acceptable to the applicable taxing authorities. If any such certificate furnished to Faztek is held invalid or if the sale is otherwise found to be taxable, Customer agrees to pay promptly any taxes ( plus interest) found due, but not collected as a result of Faztek's reliance upon Customer's certificate.
5. SOFTWARE. All software is provided subject to the license agreement accompanying the software. Customer agrees that it will be bound by the license agreement in accordance with the provisions provided with the software by the licensor. Customer's acceptance shall be in compliance with the licensor's acceptance procedure. For example, this may be pursuant to a "click-wrap" or "shrink-wrap" license providing for acceptance upon loading the software or opening the package or breaking the seal. Any warranties and technical support concerning the software, if any, shall be contained in the license agreement that governs its purchase and use, and shall consist of the warranties and technical support of the third-party licensor, and not Faztek. These warranties and technical support may vary from product to product. Disclaimers of warranties are provided in more detail below.
6. WARRANTY. Seller warns that the goods sold under this agreement are only warranteed free from defects in workmanship and materials as described in this agreement. Seller makes no other warranty, express or implied, as to the goods.
Seller acknowledges receipt of, and Buyer acknowledges that it provided, design and specifications for use of the goods to be sold under this agreement. No warranty is made by Seller, express or implied, that the goods as used in Buyer's design and specifications are fit for Buyer's specific purpose. The use of any sample or model used in connection with this agreement is for illustrative purposes only, and is not to be construed as a warranty, express, or implied, that the use of the goods as designed or illustrated are fit for any particular purpose for which the design or specifications may have been created by the Buyer. The description of the goods contained in this agreement is for the sole purpose of identifying goods. No warranty of merchantability or fitness for a particular purpose is made by Seller except that the goods being delivered under this agreement will be substantially identical with the model or sample provided. Apart from this written statement of warranty, there are no warranties, express, implied or statutory, which extend beyond the description of the products on the face hereof.
Buyer agrees to indemnify, defend and hold harmless Seller, including attorney fees (including appeals), from any lawsuit, cause, damages, or other actions which may arise from the use of the goods provided under this contract as a result of the design and specifications created and provided by Buyer.
It is the obligation of the consignee to count and examine the condition of the shipper's containers at the time of delivery. When the carrier is given a clear delivery receipt without any notation of loss or damage, it is the responsibility of the claimant to provide evidence of the loss or damage occurred in transit. If shipment is accepted, Faztek, LLC will not be held responsible for any damage to material without notation from the consignee.
This warranty shall be constructed and enforced under the laws of the State of Indiana.
7. RETURN POLICY. Faztek offers a return policy on selected items based on manufacturer return policies. Faztek does not offer monetary refunds. In the event Faztek does consent to a refund it shall be for credit toward future orders only. Call Faztek for details.
8. EXPORT. Shipment of any of the products outside of the United States may require a valid export license. Customer agrees to defend, indemnify and hold harmless Faztek for any violation by Customer of any United States export restrictions. Notwithstanding the foregoing, Customer agrees and represents that it is buying the product for its own internal use only, and not for resale, export, or use outside the United States.
9. BINDING ARBITRATION. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Faztek, its agents, employees, successors, assigns or affiliates, which arise from or in any way relate to this Agreement, its interpretation, or the breach, termination or validity hereof, Faztek's advertising, website or any purchase related to any of the foregoing may, at Faztek's sole option, and only upon the exercise of that sole option by Faztek, be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or by telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and Faztek. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained from the NAF at P.O. Box 50191, Minneapolis, Minnesota 55405. The arbitration hearing, if any, shall take place in Fort Wayne, Indiana. Customer irrevocably consents to such venue. Customer shall treat the existence and results of arbitration as strictly confidential. This agreement and any dispute in connection herewith shall be governed by the laws of the State of Indiana. In the event that more than one claim, dispute or other matters in question shall be in existence at the same time, Faztek may at its sole option decide which of such claims, disputes, or other matters in question shall be arbitrated and which matters shall not be arbitrated. Such decision shall be final and unappealable, and no arbitration shall be authorized to consider, decide, or make any award or any claim or matter which Faztek has determined shall not be arbitrated. In the event that Customer wishes to request arbitration of any claim, dispute or other matter in question, the Customer shall file a notice of demand for arbitration in writing with Faztek specifically describing the claims, disputes and other matters in question which the Customer wishes to submit to arbitration. Customer may not unilaterally elect arbitration or cause arbitration to occur. Faztek has the sole discretion to decide whether or not any such claims, disputes and other matters shall be submitted for arbitration. If Faztek wishes to submit any claim, dispute or other matter in question for arbitration, whether or not it is the subject of a request for arbitration by Customer, Faztek shall file a notice of demand for arbitration with the NAF and with Customer. In any event that Faztek elects not to arbitrate, the claim shall be litigated in Allen County, Indiana, or the United States District Court for the Northern District of Indiana.
10. MISCELLANEOUS. These terms and conditions constitute the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and shall supersede all prior offers, negotiations, understandings and agreements. Any waiver by Faztek of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or any future defaults hereunder. This agreement shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or reinforcement of rights hereunder. This agreement may not be assigned by Customer.