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Terms and Conditions of Use and Sales
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.
This web site located at URL http://www.buysena.com ("this
Site") is managed by Sena Technologies, Inc. and its subsidiaries
(the "Online Store" and, collectively with Sena
Technologies and susidiaries, "we" or "us"). The following terms and conditions
govern your use of this Site and the purchase of products by you
through this Site. By using this Site, placing an order with us or
submitting a purchase order to 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.
Disclaimer and Limitation of Liability as to this Site
While we endeavor to provide the most accurate, up-to-date
information available, the directories and information on this Site
may be out of date or include omissions, inaccuracies or other
errors. This Site and the materials therein are provided "AS IS." We
make no representations or warranties, either express or implied, of
any kind with respect to this Site, its operations, contents,
information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS
USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
You agree that we, our directors, officers, employees or other
representatives shall not be liable for damages arising from the
operation, content, or use of this Site. You agree that this
limitation of liability is comprehensive and applies to all damages
of any kind, including without limitation direct, indirect,
compensatory, special, incidental, punitive and consequential
damages, damages for loss of profits, revenue, data and use,
incurred by you or any third party, whether in an action in contract
or tort, arising from your access to, and use of, this Site or any
other hyper-linked Web site.
Accounts
You agree that you will not misuse or abuse account access and
passwords. You agree that you will only use your password and that
you will take all reasonable precautions to protect its secrecy.
Capacity to Contract
You represent to us that you are of the legal age of majority in
your state of residence and/or that you are duly authorized by your
employer to use this Site.
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 received from our suppliers, 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 canceled, we shall
immediately issue a credit to your credit card account in the amount
of the charge.
Privacy Policy
We consider the privacy of our users to be paramount, and we have
developed a privacy policy to protect and inform our users ("Privacy
Policy"). Our current Privacy
Policy is incorporated herein by reference and made part of
these Terms and Conditions.
Feedback
We welcome all comments, feedback, information, or materials,
which you submit to us through or in conjunction with this Site
("Feedback"). Please note that your Feedback shall be considered
non-confidential and become our property. By submitting your
Feedback to us, you agree to a no charge assignment to us of all
right, title and interest in copyrights and other intellectual
property rights on a worldwide basis to your Feedback. We shall be
free to use your Feedback on an unrestricted basis.
Links
This Site may contain links to other Web sites on the Internet
that are owned and operated by third parties. You acknowledge that
we do not endorse and are not responsible for the operation of or
content located on or through any such Web site.
Third Party Content
Certain content from third party vendors may be made available as
part of this Site. This content is believed to be reliable, but we
do not endorse or guarantee the accuracy or completeness of this
content.
Order Acceptance
Terms of payment shall be determined in our discretion and as
otherwise agreed to by us. Payment shall be made by a credit card or
some other pre-arranged method of payment acceptable to the Online
Store. 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. Where payment
is made by credit card, 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 may require, at our
option, that any order placed over certain dollar amounts receive
our pre-approval. We also may require additional verification or
information before accepting any order.
Orders received before 10:00 AM PST (Monday - Friday) will be accepted for processing (and shipping if In-Stock) within the next 2 business days. For assistance, contact us.
Prices, Shipping and Handling Charges
We will only ship to U.S. locations. Not all prices include
charges for shipping and handling or taxes. Separate charges for
shipping and handling will be shown on the invoice.
Sales and Other Taxes
We are obligated to withhold sales tax for delivery within
certain states and all such taxes shall be automatically charged and
withheld. Unless Customer provides us with a valid and correct tax
exemption certificate applicable to the product ship-to location
prior to our acceptance of the order, the customer is responsible
for sales and all other taxes associated with the order not
collected by us.
Product Availability
Although availability may be indicated on the Site, we cannot
guarantee product availability and products, nonetheless, 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.
Technical Service and Support
All requests for technical service and support for products
purchased should be made directly to the manufacturer in accordance
with their terms and conditions.
Compliance With Laws
You agree to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of this Site and your
purchase of products or services through this Site. We may, in our
sole discretion, report actual or perceived violations to law
enforcement or appropriate authorities. If we become aware, through
a complaint or otherwise, of any potential or suspected violation of
these Terms and Conditions or the Privacy Policy, we may (but are
not obligated to) conduct an investigation to determine the nature
and extent of the suspected violation and the appropriate
enforcement action, during which investigation we may suspend
services to any customer being investigated and/or remove any
material from our servers. You agree to cooperate fully with any
such investigation. You acknowledge that violations of the Terms and
Conditions or the Privacy Policy could be subject to criminal or
civil penalties.
Compliance with Return Policies
You agree to comply with and be bound by the return policies in
connection with returns of products purchased through this Site. Our
current Return Policy is incorporated herein
by reference and made part of these Terms and Conditions.
Termination of Usage
We may terminate or suspend your access to or use of all or part
of this Site, without notice, for any conduct that we believe is
disruptive to this Site or is in violation of any applicable law or
these Terms and Conditions.
Disclaimer and Limitation of Liability as to Products Sold
Any product offered by us is warranted only if, and only to the
extent of the existence of, the applicable manufacturer\'s warranty,
if any, and is distributed by us on an "AS-IS" basis without
warranty by us. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE
ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY
KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY
STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE,
INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
A limited warranty statement may be included
with each product shipped to you. Sena Technologies will be
obligated to honor any such warranty only upon our receipt of
payment in full for the product to be warranted.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND
EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL
PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL WE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR
ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR
ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED
TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR
ANY CLAIM BY ANY THIRD PARTY.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR
OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY
OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION,
DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY
INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER
EVENT BEYOND OUR CONTROL.
Copyright and Trademark Notice
All content included on this Site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations, and software (and the compilation of such content), is
the property of Sena Technologies, Sena USA, or their
content suppliers and is protected by United States and
international copyright laws. All software used on this Site is the
property of the Online Store or its software suppliers and protected
by United States and international copyright laws.
All marks indicated as registered on this Site are registered
trademarks of Sena Technologies, in the United States and other
countries. Other graphics, logos, page headers, button icons,
scripts, and service names are trademarks or trade dress of Sena
Technologies, The Online Store or their content suppliers. The
trademarks and trade dress on this Site may not be used in
connection with any product or service that is not ours, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits us. All other trademarks not
owned by us or our subsidiaries that appear on this Site are the
property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by us.
Applicable Law
You agree that any legal action brought against the Online Store
shall be governed by the laws of the State of California, without
regard to conflict of law principles. You agree that the sole
jurisdiction and venue for any litigation arising from your use of
or orders made on this Site shall be an appropriate federal or state
court located in Orange County, California. We make no
representations that the content in this Site is appropriate for
access outside the United States. Those who choose to access this
site from outside the United States do so on their own initiative
and are responsible for compliance with local laws and are strictly
prohibited from purchasing products from this Site.
General
If any provision or provisions of these Terms and Conditions
shall be held to be invalid, illegal, or unenforceable, such
provision shall be enforced to the fullest extent permitted by
applicable law and the validity, legality, and enforceability of the
remaining provisions shall not be affected thereby. Products
purchased or received under these Terms and Conditions are subject
to export laws and regulations of the United States. The products
offered here are solely for the use of our customers. You may not
assign your rights or obligations under these terms and conditions
without our express written consent.
Other Terms and Conditions
Sena Technologies may have additional terms and conditions that
govern its general corporate website and the use of that site. To
see and review these terms and conditions, please visit the
corporate web site of Sena Technologies.
How to Contact Us
If you have any comments or questions, please do not hesitate to
contact us any time. Our contact information can be found at the link below:
THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS
SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN
WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
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