The following is the terms of the
agreement between Compumarc Technologies ("Company")
and the buyer ("Buyer") of goods or services through
the Company's Web site (the "Site"). Please review
these terms carefully since making a purchase through this
site will meant an acceptance of the terms and conditions of
this online sales agreement.
1. Introduction Buyer agrees to the terms and
conditions outlined in this Online Contract
("Contract") with respect to the goods, services and
information provided by or through the Site. This Contract
constitutes the entire and only agreement between the Company
and Buyer, and supersedes any and all prior or contemporaneous
agreements, representations, warranties, and understandings
with respect to the goods, services and information provided
by or through the Site, and the subject matter of this
Contract. Buyer agrees to review this Contract prior to
purchasing anything and purchase of a good or service shall be
deemed acceptance of this Contract.
2. Setup and Payment Buyer represents and warrants
that (i) the credit card information supplied is true, correct
and complete and (ii) charges incurred by the Buyer in this
site or affiliate sites will be honored by the Buyer's credit
card company and (iii) Buyer shall pay charges incurred by
Buyer at the amounts in effect at the time incurred, including
all applicable taxes. Buyer shall be responsible for all
charges incurred through use of Buyer's password, if any.
Buyer agrees to keep his or her password(if any) confidential
and to notify Company within 24 hours of any breach of this
Contract or unauthorized use of the password. Company does not
protect Buyer from unauthorized use of Buyer's password (if
any).
3. Copyright The content, organization, gathering,
compilation, magnetic translation, digital conversion and
other matters related to the Site are protected under
applicable copyrights, trademarks, and other proprietary
(including but not limited to intellectual property) rights,
and, the copying, redistribution, use or publication by a
Buyer of any such content or any part of the Site is
prohibited.
4. Editing, Deleting, and Modification Company
reserves the right in its sole discretion to edit or delete
any information or content appearing on the Site and to remove
any goods and services for sale. Upon notice published over
the Service, Company may modify this Contract, or prices, and
may discontinue or revise any or all aspects of the Site in
its sole discretion and without prior notice. Modification of
this Contract will be deemed effective upon publication on the
Site with respect to transactions occurring after said date.
5. Right to Refuse Company reserves the right in its
sole discretion to refuse service at any time. Sale of any
goods or services is subject to availability by Company or its
affiliates.
6. Indemnification Buyer agrees to indemnify, defend
and hold Company and its affiliates, licensors and suppliers
harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to a Buyer's
violation of this Contract or use of the Site.
7. Non-Transferable Buyer's right to use the Service
is not transferable and is subject to any limits established
by Company or by Buyer's credit card company.
8. Disclaimer THE SERVICE, CONTENT, GOODS AND
SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON,
AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE
WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE
CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY
OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY
APPLY REGARDING LIMITATION OF LIABILITY.
9. Refund Policy All products and services purchased
thru our affiliate partners are subject to the affiliate
online sales agreement or whatever sales policy in effect at
the time of the purchase. If a product purchased thru an
affiliate partner is defective or not to Buyer's satisfaction,
Buyer should contact the affiliate partner for instructions on
returning or replacing the product. If a product is purchased
and deliver by Company, Buyer can return the product in its
original condition within 15 days of receipt, to the following
address: Jardines de Arecibo, Calle D D-10, Arecibo, PR 00612.
In such event, Company shall provide Buyer a credit for other
purchases from the Site (less shipping and handling charges
incurred). This Section 9 sets forth Buyer's sole and
exclusive right to refund.
10. Use of Information. Company reserves the right,
and Buyer authorizes Company, to the use and assignment of all
information regarding Buyer's use of the Site and all
information provided by Buyer, subject to applicable law.
11. Miscellaneous. This Contract shall be treated as
though it were executed and performed in Arecibo, Puerto Rico,
and shall be governed by and construed in accordance with the
laws of the United States of America and of the Commonwealth
of Puerto Rico (without regard to conflict of law principles).
Any cause of action of Buyer with respect to the Site must be
instituted within six (6) months after any purchase or be
forever waived and barred. All actions shall be subject to the
limitations set forth in Section 8. The language in this
Contract shall be interpreted as to its fair meaning and not
strictly for or against any party. All legal proceedings
arising out of or in connection with this Contract shall be
brought solely in Arecibo, Puerto Rico, and Buyer expressly
submits to the jurisdiction of said courts and Buyer consents
to extra-territorial service of process. Should any part of
this Contract be held invalid or unenforceable, that portion
shall be construed consistent with applicable law as nearly as
possible to reflect the original intentions of the parties and
the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site or
the Company is in conflict or inconsistent with this Contract,
this Contract shall take precedence. Failure of Company to
enforce any provision of this Contract shall not be deemed a
waiver of such provision nor of the right to enforce such
provision.
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