Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES. THESE TERMS AND CONDITIONS APPLY TO PRODUCTS SOLD BY ACKme NETWORKS INC. AND PURCHASED BY YOU.
1. Terms and Conditions. The following terms and conditions govern your use of the ACKme NETWORKS website and the purchase of Products by you. By placing an order with us, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.
2. Order Acceptance Policy. Payment shall be made by a credit card. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We do not accept order in excess of $2000, including taxes and freight charges. You may contact our Sales department if you need to place and order over $2000. We may require additional verification or information before accepting any order.
3. Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
4. Product Availability. We cannot guarantee product availability and products; nonetheless, these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
5. Shipping and Delivery. Shipment of all products ordered via the ACKme NETWORKS website may be shipped from any ACKme NETWORKS' facility. ACKme NETWORKS uses various courier companies and customs agencies deliveries. ACKme NETWORKS is not responsible for any shipping problems and shall not be held liable for any "reasonable" delay beyond our advertised delivery time-frames. Charges for shipment by Ground Courier and Express Courier are shown on the website. Shipping timeframes are estimated. Due to high demand, order processing can take 1 to 3 business days. The delivery may be delayed due to causes beyond our control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment, delays caused by the consignee, acts of God, public authorities acting with actual or apparent authority on the premises, acts or omissions of Customs or similar authorities, riots, circumstances arising before, during, or after a strike or other labor disputes, civil commotions, disruptions in the air or ground transportation network (such as weather phenomena), and natural disasters.
6. Back Order Items. Please feel free to order products indicated as "Back Ordered", but keep in mind that we will not deliver within typical shipping time-frames, nor can we set expectations of delivery time-frames, at time of order.
7. Out of Stock Items. Do not place orders for items marked "OUT OF STOCK". These orders will be automatically cancelled.
8. Payment. Payment of all items purchased via the ACKme NETWORKS website can be made by credit card only. Credit cards accepted are VISA and MasterCard. All products selected will be charged in US Dollars. Taxes will be charged based on the shipping address. We do not accept payment by check or money order.
9. Return Policy. Products purchased via the ACKme NETWORKS website can be returned to ACKme NETWORKS within 30 days of the order, for a full refund of the purchase, minus all shipping costs. The product being returned must be in resalable condition and include all materials including the outer box, CDs, cables, and any manuals that shipped with the product. If an item or accessory is found missing from the product packaging, then we will issue the credit of purchase price minus the price of the missing item. If ACKme NETWORKS does not receive your product within 10 business days from the date the refund RMA number was given, we will not be able to process your refund request.
10. Shipping Charges; Taxes. Loss or damage that occurs during shipping is your responsibility. Unless you provide ACKme NETWORKS with a valid and correct tax exemption certificate applicable to the Product ship-to location at the time of purchase, you will be responsible for sales tax and all other taxes associated with the order, however designated, except for ACKme NETWORKS' franchise taxes and taxes on ACKme NETWORKS' net income.
11. Title; Risk of Loss; Insurance. Title to products passes from ACKme NETWORKS to you on shipment from ACKme NETWORKS' facility or ACKme NETWORKS' third party manufacturer. You are responsible for all losses that occur during shipping. You are advised to purchase your own insurance to cover any losses that may occur during shipping.
12. Warranties. ACKme NETWORKS MAKES NO EXPRESS WARRANTIES. ACKme NETWORKS DISCLAIMS ALL OTHER IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES BY ACKme NETWORKS FOR NON-ACKme NETWORKS BRANDED PRODUCTS, SERVICE OR SOFTWARE PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED BY ACKme NETWORKS "AS IS". NO REVISION IN LIMITED WARRANTIES WILL AFFECT PRODUCTS ALREADY ORDERED BY YOU.
13. Additional Remedies & Responsibilities. ACKme NETWORKS RESERVES THE RIGHT TO DISCONTINUE OR OTHERWISE VOID ANY WARRANTY, SERVICE OR TECHNICAL SUPPORT IT OFFERS IN WHOLE OR IN PART IF YOU BREACH ANY OF YOUR OBLIGATIONS UNDER THIS AGREEMENT OR IF YOU FAIL TO PAY AMOUNTS DUE FOR PRODUCTS YOU PURCHASE FROM ACKme NETWORKS. YOU SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS OR OMISSIONS YOU MAKE TO YOUR CUSTOMERS INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OR OMISSION YOU MAKE ABOUT PRODUCT WARRANTIES, FEATURES, PERFORMANCE, SUPPORT AND SERVICE. YOU WILL INFORM YOUR CUSTOMERS OF ACKme NETWORKS' RIGHTS AND YOUR OBLIGATIONS UNDER THIS AGREEMENT.
14. Products. ACKme NETWORKS' policy is one of on-going Product update and revision. ACKme NETWORKS may revise and discontinue Products at any time without notice to you. ACKme NETWORKS will ship Products that have the functionality and performance of the Products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building Products and spare parts are selected from new, equivalent-to-new or reconditioned parts and assemblies.
15. Limitation of Liability. ACKme NETWORKS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, LOST PROFITS, LOSS OF BUSINESS, YOUR BREACH OF THIS AGREEMENT OR THE PROVISION OF SERVICES AND SUPPORT. ACKme NETWORKS WILL NOT BE LIABLE FOR ANY 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. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ON OUR WEB SITE TO THE CONTRARY, ACKme NETWORKS IS NOT RESPONSIBLE FOR INFORMATION YOU PROVIDE TO US UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT OTHERWISE. YOU AGREE THAT FOR ANY LIABILITY ARISING FROM OR RELATED TO THE PURCHASE OF ANY PRODUCTS, ACKme NETWORKS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT CHARGED BY ACKme NETWORKS FOR THE RESPECTIVE PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
16. Your Indemnity to ACKme NETWORKS. To the fullest extent permitted by law, you will indemnify, defend and hold ACKme NETWORKS, including ACKme NETWORKS' partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, harmless from any claim, demand, cause of action, debt or liability (including reasonable attorneys fees, expenses and court costs) arising from: (a) your modification(s) of and/or addition(s) to Product(s); (b) your breach of this Agreement, (c) your omissions, misrepresentations, or negligence, and (d) the Products sold by you that cause damage to a third party to the extent such claim is based on (i) your modification of and/or addition to the Products, misuse or abuse of the Products, negligence or breach of any provision in this Agreement; (ii) your failure to abide by all applicable laws, rules, regulations and orders that affect the Products; (iii) your omission, misrepresentation, or negligence, or (iv) you or your end-users cause intentional harm to any person or property. Indemnified claims, debts and liabilities include the amount of any discount in price or concession that is made available by ACKme NETWORKS to you.
17. Dispute Resolution. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against ACKme NETWORKS, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "ACKme NETWORKS") arising out of or relating to this Agreement, ACKme NETWORKS' advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. The Arbitration will be conducted before a single arbitrator mutually acceptable to the parties. The arbitration hearing shall take place in Santa Clara County, California. The arbitrator shall base its award on the terms of this Agreement, and will follow the law and judicial precedents of the State of California. The arbitrator shall render its award in writing and will include the findings of fact and conclusion of law upon which the award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
18. Governing Law. THE LAWS OF THE STATE OF CALIFORNIA GOVERN THIS AGREEMENT, EXCLUDING ITS CONFLICTS OF LAWS RULES AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
19. Export. You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. You acknowledge that it is your sole responsibility to comply with and abide by those laws and regulations. Further, under U.S. law, the goods shipped pursuant to this Agreement may not be sold, leased or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including without limitation, activities related to the design, development, production or use of nuclear weapons, materials, or facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of Ackme NETWORKS.
20. High Risk Activities. Ackem NETWORKS has not tested Products for use in high-risk activities including but not limited to any life sustaining, chemical, or mission critical use. ACKme NETWORKS WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPONS SYSTEMS. YOU ARE NOT AUTHORIZED TO USE THE PRODUCTS FOR HUMAN IMPLANTATION, MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPONS SYSTEMS WITHOUT THE PRIOR EXPLICIT WRITTEN APPROVAL OF AN OFFICER OF ACKme NETWORKS.
21. Limited License. ACKme NETWORKS grants a limited license to you to use the Products and any software that may be contained in the Products solely for your own internal purposes, including development and testing of products developed by you. By purchasing the Products, you do not obtain any rights in any of ACKme NETWORKS' intellectual property. You do not have the right to use any of ACKme NETWORKS' trademarks. You may not reverse engineer the Products or reverse-compile any software contained in the Products.