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PhoneLady.com does not want to receive confidential or proprietary
information from you through our website. Please note that any
information or material sent to PhoneLady.com will be deemed NOT to
be confidential. By sending PhoneLady.com any information or
material, you grant PhoneLady.com an unrestricted, irrevocable
license to use, reproduce, display, perform, modify, transmit and
distribute those materials and/or information, and you also agree
that PhoneLady.com is free to use any ideas, concepts, know-how or
techniques that you send us for any purpose. However, we will not
release your name or otherwise publicize the fact that you submitted
materials or other information to us unless: (a) we obtain your
permission to use your name; or (b) we first notify you that the
materials or other information you submit to a particular part of
this website will be published or otherwise used with your name on
it; or (c) we are required to do so by law.
IN NO EVENT WILL PhoneLady.com BE LIABLE TO ANY PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY
USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE,
INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY PhoneLady.com ON AN "AS IS" BASIS
ONLY. PhoneLady.com PROVIDES NO REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT
Terms and Conditions of Website Usage
The following terms govern your purchase of products from
PhoneLady.com through our website. Please read them carefully.
If you use this website to purchase products through our system,
this will indicate your acceptance of the terms below.
Terms of website usage:
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You may view product information and your transactional
history for your own purposes; however, any other use such
as further publication, transmission or distribution is not
permitted. Information contained herein is both private and
confidential and proprietary trade secret data.
Transactional records are updated daily or as needed
depending upon activity and may change after viewing.
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We are not liable for any incidental or consequential
damages related in any way to your use of this ordering
website.
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We are not responsible for the accuracy, completeness,
reliability, content or availability of any information you
may access under this website.
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These rules and the following terms are the complete and
exclusive agreement we have with you regarding your
acquisition of products using this ordering website. We may
modify the rules or terms of this website at any time
without notice to you. If you return to this website and do
not agree with any such modification, you must immediately
terminate your use of this website. Continued use of this
website will constitute your acceptance of any such
modifications.
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You must be eighteen years of age or older to use this
website to order products. You are responsible for
restricting use of this website by persons under the age of
eighteen.
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All final purchases are dependent upon product availability.
Display of a product or a submitted and accepted order for a
product does not guarantee order fulfillment. In the event a
product goes out of stock prior to order receipt and
processing, a product of similar or slightly higher
technical specifications may, at our option, be provided as
a replacement. Otherwise, we will contact you and advise you
of a stock outage.
Copyright/Intellectual Property
This entire World Wide Web site is copyrighted under United States
law and protected by worldwide copyright laws and treaty
provisions. Users of the site MAY download or print one copy of
any and all materials on the site for personal, non-commercial
use, provided that they do not modify or alter the materials in
any way, nor delete or change any copyright or trademark notice.
All material on this site is provided for lawful purposes only.
None of the information on this site may be copied, distributed
or transmitted in any way for commercial use without the express
written consent of PhoneLady.com. PhoneLady.com reserves full
ownership of and intellectual property rights in any materials
downloaded from this site.
Cookies:
Access to PhoneLady.com’s Web site requires the use of per session
cookies by your Web browser. The cookie option in the browser
must be set to “accept” or “prompt to accept cookies” in order
to proceed.
Terms and Conditions of Sale
These terms govern the acquisition of products from
PhoneLady.com using our website and supercedes any prior oral or
written communications the extent they conflict with terms and
conditions stated herein. Prior written agreements to the extent
not in conflict shall remain in effect
Payment; Taxes; and Shipping:
Payment by PhoneLady.com customers may be by pre-approved credit
arrangements, credit card or wire transfer. You are responsible
for payment and must pay any taxes resulting from this
Agreement. You are also responsible for selecting the method of
shipment and for all shipping charges.
Title and Risk of Loss:
Title transfers to you when PhoneLady.com ships the product. You
bear the risk of loss for the product once the product is
shipped from the PhoneLady.com location.
Warranty; Disclaimers; Limitation of Remedies:
PhoneLady.com represents and warrants that upon the sale of a
product to you, PhoneLady.com will be the lawful owner thereof,
free and clear of any liens and encumbrances (other than those
which may arise from this Agreement) and will have full right,
power, and authority to sell, deliver or provide the same to
you.
New Products:
Products sold under this Agreement carry the original equipment
manufacturer’s (“OEM”) standard new product warranty and are
warranted to be free from defects in material and workmanship
and to operate in accordance with the standard specifications or
documentation accompanying each product. If a product fails to
operate during the warranty period, consult the warranty page of the web site for details and instructions.
This warranty does not cover repair for damages to products or
product components or malfunctions caused by: (i) misuse,
neglect, power failures or surges, lightning, fire, flood or
accident; (i) use of products or facilities supplied by others;
(iii) failure to follow installation, operation or maintenance
instructions.
THE EXPRESS WARRANTIES HEREIN CONTAINED ARE IN LIEU OF ANY AND
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
EACH OF WHICH PhoneLady.com DISCLAIMS AND ARE EXCLUDED.
PhoneLady.com SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL
AND INCIDENTAL OR CONSEQUENTIAL DAMAGES, NETWORK DOWNTIME,
INTERRUPTION OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH
PERFORMANCE OF THE PRODUCTS OR USE BY YOU. PhoneLady.com DOES
NOT WARRANT ERROR FREE OPERATION OF THE PRODUCTS OR SERVICES
PROVIDED HEREIN. PhoneLady.com MAKES NO EXPRESS WARRANTY THAT
THE PRODUCTS ARE IMMUNE FROM OR WILL PREVENT FRAUDULENT
INTRUSION OR WILL PREVENT UNAUTHORIZED USE. PhoneLady.com WILL
NOT BE RESPONSIBLE FOR UNAUTHORIZED USE (OR CHARGES FOR SUCH
USE) OF COMMON CARRIER TELECOMMUNICATIONS SERVICES OR FACILITIES
ACCESSED THROUGH OR CONNECTED TO THE PRODUCTS (TOLL FRAUD).
If the products are used or support Telephony over Transmission
Control Protocol/Internet Protocol (TCP/IP) facilities, you may
experience certain compromises in performance, reliability and
security even when the products perform as warranted. YOU
ACKNOWLEDGE THAT YOU ARE AWARE OF THESE RISKS AND THAT YOU HAVE
DETERMINED THEY ARE ACCEPTABLE FOR YOUR APPLICATION OF THE
PRODUCTS. UNLESS OTHERWISE AGREED IN THIS AGREEMENT, YOU ARE
SOLELY RESPONSIBLE FOR ENSURING THAT YOUR NETWORKS AND SYSTEMS
ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION.
Used Products:
Used products are warranted to meet industry standard product specifications
for one year from the date of sale to the original PhoneLady.com
purchaser unless specified otherwise in writing.
Cancellation and Returns:
An order may be cancelled at any time prior to shipment without
incurring cancellation charges unless an order cancellation
charge was quoted in advance. A restocking and packaging charge
of 20% shall be assessed against all returned products.
Customer shall bear shipping charges for all cancellations.
Product cannot be returned and will not be accepted without a
return authorization number (“RMA#”). Please call
PhoneLady.com’s customer service number (877-300-7557) to obtain
an RMA#.
Limitation of Liability:
PhoneLady.com’s liability for any claims (excluding death and
bodily injury) whether based in contract or tort, including
negligence, whether in law or equity, for any loss or damages
arising or resulting from, or connected with the products or
your purchase of the products hereunder, shall be limited to the
actual amount of such loss or damages, up to the greater of
$5,000 or the price paid by you for the product that is the
subject of the claim. In no event will PhoneLady.com be liable
for any special, incidental, economic or consequential damages
or damages to data or records, including lost profit or revenue,
even if PhoneLady.com were informed of the possibility of such
damages, or for third party claims against you or us for such
damages. You may have additional rights under certain laws (such
as consumer laws) that do not allow the exclusion of implied
warranties, or the exclusion or limitation of certain damages.
If these laws apply, PhoneLady.com's exclusions or limitations may not
apply to you. PhoneLady.com will pass through to you any patent
and copyright indemnity which may be applicable to the products
you purchase. If you are a broker/reseller, PhoneLady.com makes
no representations or warranties whatsoever to your customer
end-user.
Other:
These products will be provided to you in the United States only,
and these prices and terms likewise are only valid for
transactions in the United States and Puerto Rico. Warranties
and other rights may not be available if products are purchased
for use outside of the United States and Puerto Rico. Please
retain a copy of your shipping label to establish proof of
purchase. Neither you nor PhoneLady.com will bring a legal
action arising from this Agreement more than two years after the
cause of action arose. You may not assign, or otherwise
transfer, this Agreement without prior written consent. Any
attempt to do so is void. You will comply with all applicable
government export laws and regulations including those which
apply to export of data. All your rights and all of TEC's
obligations are valid only in the United States and Puerto Rico.
The laws of the State of Massachusetts govern this Agreement.
Product Availability Support:
PhoneLady.com provides access to product information on an
international basis as a result of making such information
available on the World Wide Web. PhoneLady.com makes no
representation that such products are or may be lawfully
exported from the United States and Puerto Rico or that OEM
support is available in the United States and Puerto |
