Terms and Conditions
Terms and Conditions
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All
users of this site agree that access to and use of this site is subject to the
following terms and conditions and other applicable law. If you do not agree to
these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of SoftwareBuyersOnline.com. The
collective work includes works that are licensed to SoftwareBuyersOnline.com,
Copyright 2006, SoftwareBuyersOnline.com ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site for
the sole purpose of placing an order with SoftwareBuyersOnline.com or
purchasing SoftwareBuyersOnline.com products. You may display and, subject
to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different areas
of the site solely for your own non-commercial use, or to place an order with
SoftwareBuyersOnline.com or to purchase SoftwareBuyersOnline.com
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by SoftwareBuyersOnline.com. You
further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of SoftwareBuyersOnline.com used
in the site are trademarks or registered trademarks of
SoftwareBuyersOnline.com.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, SoftwareBuyersOnline.com disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. SoftwareBuyersOnline.com does not represent or warrant
that the functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
SoftwareBuyersOnline.com does not make any warranties or representations
regarding the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some
states do not permit limitations or exclusions on warranties, so the above
limitations may not apply to you. If you are uncertain as to which product
to purchase or have additional questions, please contact SoftwareBuyersOnline
prior to purchase as it may be necessary to upgrade existing software prior to
ordering additional licenses, etc.
Limitation of Liability
SoftwareBuyersOnline.com shall not be liable for any special or
consequential damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if
SoftwareBuyersOnline.com has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Typographical Errors & Web Site Content
In the event that a SoftwareBuyersOnline.com product is mistakenly listed
at an incorrect price, SoftwareBuyersOnline.com reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
SoftwareBuyersOnline.com reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled, SoftwareBuyersOnline.com shall issue a credit to your credit
card account in the amount of the incorrect price. All information and
materials on the SoftwareBuyersOnline.com web site are provided as is and
without warranty of any kind. SoftwareBuyersOnline.com does not represent
or warrant that the information accessible via this web site is accurate,
complete or current. Price and available information on the inventory is
subject to change without notice. Exclusive and discounted pricing shown is available to SoftwareBuyersOnline registered users.
Shopping Cart Error Policy
In the
unlikely event a pricing error (whereby price of item in shoppingcart does
not match the prevailing price displayed throughout the website) occurs when
any item is added to a shopping cart. SoftwareBuyersOnline.com reserves
the right to cancel such orders.
Shipping
Most
orders received before 11:00 am Eastern Time will ship out within one (1) business
day via UPS. SoftwareBuyersOnline hours are 8am-5pm PST. While most
orders within one (1) business day, on rare occasions due to market volatility
some products may be temporarily unavailable. In such circumstances, we will
do our best to notify our customers with the appropriate ETA as soon as the
information becomes available. We cannot ship to PO BOX addresses. Please
provide us with a proper "Physical Street" address when placing your
order. We DO however cater to FPO/APO addresses via USPS. Due to security shipping address and billing address of credit card used for purchase must match. Please allow
additional processing time for FPO/APO orders. Orders to Canada, and
Puerto Rico, FPO/APO, will incur an additional $15 fee to cover extra
shipping & handling charges. All packages must be signed for at time
of delivery. No package will be delivered without a signature. However, a
signed signature release form can be left for the delivery driver if no one is
expected to be home/work during the day, to sign for the package in person. No
order will be shipped until payment has been confirmed / verified by the
payment gateway and confirmation that funds are in transit, and the ship to
address has been verified by the UPS / FedEx API Gateway. In the event either
of these conditions are not met a delay in order shipping may occur. SoftwareBuyersOnline.com
reserves the right to cancel any order placed by a customer, without notice, in
the event of these conditions not being met. In an effort to protect our valued
customers / the community at large SoftwareBuyersOnline.com has the
sole right to hold/cancel orders if there is the suspicion of fraud or
general impropriety
Return Policy
Client must obtain an
RMA# prior to sending the merchandise back. A returned package shipped to us
without an RMA# will be refused. All returns must be adequately packed and cannot
be shipped back using an envelope but rather a box of some type. Shipping &
Handling is not refundable.. Should you feel your order contains discrepancies,
please report it to us no later than 24 hours after receipt of product. No returns
on software after 30 Days. Unopened returns are subject to a 5% restocking fee.
A minimum processing fee of $10 per return is imposed if the shipping and
restocking fees fall under $10. Certain items include an unconditional 60days
Money-Back Guarantee and should be returned directly to the manufacturer.
Non-software related items must be returned within 7 days and must obtain and
RMA number prior to return. Open Retail packages can only be returned to
the manufacturer. SoftwareBuyersOnline.com will not accept back open
retail packages. At our discretion, we reserve the right to deny a return
should we determine the product has been tampered with.
Term;
Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by
SoftwareBuyersOnline.com without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
SoftwareBuyersOnline.com may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to SoftwareBuyersOnline.com
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Nevada U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of SoftwareBuyersOnline.com shall be in the
state or federal courts located in Clark County, Nevada. Any cause of action or
claim you may have with respect to the site (including but not limited to the
purchase of SoftwareBuyersOnline.com products) must be commenced within
one (1) year after the claim or cause of action arises.
SoftwareBuyersOnline.com 's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. SoftwareBuyersOnline.com may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a SoftwareBuyersOnline.com or other licensed employee,
host, or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service or other
organization.
Participation Disclaimer
SoftwareBuyersOnline.com does not and cannot review all communications and materials
posted to or created by users accessing the site, and are not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, SoftwareBuyersOnline.com is merely
acting as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the site.
However, SoftwareBuyersOnline.com reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to SoftwareBuyersOnline.com in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless SoftwareBuyersOnline.com, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors,
SoftwareBuyersOnline.com may link to sites operated by third parties.
However, even if the third party is affiliated with SoftwareBuyersOnline.com
SoftwareBuyersOnline.com has no control over these linked sites, all of
which have separate privacy and data collection practices, independent of
SoftwareBuyersOnline.com These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, SoftwareBuyersOnline.com seeks
to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).
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