Tech9 Corporation ("Tech9") operates the Web site located at www.t9corp.com (the "Site") to provide online access to information about products available from Tech9 (the "Products") and to facilitate transactions for the purchase of Products (the "Service").
Tech9 reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date this Agreement was revised is set forth below. 1. Access to the Site.
Registration is not required to place an online order. Select Tech9 Web sites offer expanded services via the Web through a name/password protected system.
Your username and password are referred to as your "Identification." You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact Tech9 immediately at firstname.lastname@example.org. If you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while Tech9 strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk. 2. Intellectual Property.
The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Tech9 or its parent, partners, affiliates, contributors or third parties.
Tech9 grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. Tech9 reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.
You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
You may not mirror, scrape, or frame the home page or any other pages of this Site on any other Web site or web page. You may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without written permission. 3. Disclaimer of Warranties.
TECH9 MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, OR WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. TECH9 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE PRODUCTS, THE SITE, THE SERVICE, AND THE CONTENT. TECH9 DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. TECH9 DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 4. Additional Disclaimers.
Without limiting the disclaimers set forth in Section 3: a. No Use as Critical Components.
Products sold by Tech9 are not authorized for use in any manner as a component of a life support device or system, whose failure to perform can be reasonably expected to cause the failure of the life support device or system, or to affect its safety or effectiveness.
b. No Military Qualified Parts.
Tech9 does not stock or sell any product that meets the performance or documentation requirements as outlined by any Military Qualified Parts List ("QPL”). c. Technical Assistance and Design Support Services.
Tech9 offers its Technical Assistance and Design Support Services solely as a convenience to Tech9 customers. Tech9 Technical Assistance and Design Support Services personnel strive to provide useful information regarding the Products. Tech9 does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Tech9 shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Tech9 Technical Assistance and Design Support Services Personnel, and any reliance on such information or recommendation is at your sole risk and discretion. d. Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Tech9 therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Tech9 does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. e. Third Party Links.
Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Tech9 of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Tech9 is not responsible for the availability of any such Web sites and that Tech9 does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other Web site. f. Geographic Limitations on Use.
Like most Internet Web sites, this Site is accessible worldwide. However, not all Tech9 products or services are available to all persons or in all geographic locations. Tech9 reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct. g. Color Display.
Tech9 attempts to display as accurately as possible the colors of the products shown on the Site. However because the colors you see will depend on many factors, including your monitor or printer, Tech9 cannot guarantee that the color you see matches the product color. 5. Limitation of Liability.
IN NO EVENT SHALL TECH9 BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY TECH9, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITE, THE SERVICE, OR THE CONTENT; EVEN IF TECH9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TECH9'S SOLE OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE, AT TECH9'S OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFORE. IN NO EVENT SHALL TECH9'S LIABILITY EXCEED THE BUYER'S PURCHASE PRICE. The foregoing remedy shall be subject to buyer's written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse (including without limitation static discharge), neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested.
You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by Tech9 Technical Assistance and Design Support Services Personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless Tech9, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided by Tech9 Technical Assistance and Design Support Services Personnel, or any violation by you of this Agreement. 7. User Conduct.
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties. 8. User Supplied Information.
If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Tech9 the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. 9. General Provisions.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Tech9 of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, Tech9's Privacy Statement, or your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. Conditions of Order All orders placed via the Site or via the print catalog are subject to the terms of this Agreement, including the following Conditions of Order. No change, alteration, deletion or modification of any of this Agreement is permitted without written permission by an authorized Tech9 representative. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of this Agreement will prevail.
1. Order Validation and Acceptance.
When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order via the Site is an offer to purchase our Products. Tech9 may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by Tech9 until the Product has been shipped. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order. 2. Quantity Limitations.
Tech9 may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Tech9 may reject any order, or any part of an order. 3. Electronic Communication.
When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Tech9 will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.4. Pricing and Product Information.
Tech9 manufactures its products in-house or purchases product directly from its original manufacturer.
Tech9 makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Tech9's acceptance of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Tech9, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Tech9 will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars. 5. Payment.
Tech9 offers the following payment methods: For United States customers:
We offer check, money order, MasterCard, VISA, American Express, Discover, C.O.D. and prepaid by wire transfer as well as open account credit to qualified institutions and businesses. Payment must be made in the currency in which the order was placed. For Canadian customers:
We offer all of the above payment options except C.O.D. For Other International customers:
We offer MasterCard, VISA, American Express, Discover, prepaid by wire transfer, cashier's check in US funds, as well as open account credit to qualified institutions and businesses. We cannot accept personal checks or certified personal checks. Money orders can result in significant delays. Use of Letters of Credit must be approved in advance by Tech9's Accounting Department. To obtain a credit application for open account credit, contact any sales representative by calling 763-717-0326 or faxing your request to 763-786-1939. Please allow sufficient time for the credit approval process. To avoid delay on your initial order you may elect an alternative payment method. 6. Shipping Charges.
Shipping or freight charges and insurance will be paid by the customer*. All sales are made FOB point in Mounds View, MN, USA. Shipping or freight charges from Tech9's warehouse in Mounds View, MN are prepaid and added to the invoice, billed collect or billed to a 3rd party.
* When a check or money order accompanies your order, Tech9 pays all shipping and insurance (our choice for method of shipping) to all addresses in the USA and Canada, unless such charges exceed 10% on orders of $200 or less, or 5% on orders greater than $200. Tech9 will notify you prior to shipment if these conditions exist. 7. Minimum Order.
There is no minimum order. 8. Sales Tax.
Sales tax is charged on shipments in most states that have a sales tax, unless you have tax exempt status or we have your resale certificate. If you have tax-exempt status, you must provide a valid tax exemption number evidencing your status at the time of purchase. Tech9 will not refund tax amounts collected in the event a valid number is not provided. If you provide a number that is not accepted for any reason by any governmental or regulatory authority, and Tech9 is required to pay tax on your purchase, you will reimburse Tech9 for the amount of such tax, and Tech9's reasonable expenses incurred in connection with the payment and collection of such tax. Fax your resale certificate and your customer number to 763-786-1939, Attention: Sales Tax. 9. Dishonored Checks.
If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $20.00 as a service charge (if the check cannot be redeposited) pursuant to Minnesota Statutes § 332.50. In addition, you agree to pay any other reasonable charges imposed by any check verification company or collection agency that we may use for collection. 10. Out of Stock.
If product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Additional shipping charges will apply to each shipment. Backorders will be held based on your request. 11. International Orders.
In addition to the United States and its territories, Tech9 accepts international orders. All orders of international origin are exported from the US in accordance with the Export Administration Regulations. Diversion contrary to US Law is prohibited. All duties and taxes will be the responsibility of the customer. 12. Freight Damage.
If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a Tech9 Customer Service Representative immediately to initiate a claim. Call 763-717-0326 or email email@example.com to speak with a Customer Service Representative.
© 2008, Tech9 Corporation. All rights reserved.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org .
DATE OF LAST MODIFICATION
June 6, 2008