Terms and Conditions of
Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
TERMS AND CONDITION
OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in 's sole discretion.
By visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and (References
to "you" or "your" shall relate to a customer of or other
party that visits, browses, shops, accesses or otherwise uses the Site (the
"Customer"); references to "" shall relate to {{Get Behind
The Badge}} and its affiliates.) By visiting, browsing, shopping, accessing or
otherwise using this site ("Site"), you acknowledge that you have read,
understood, and agree to be bound by this User Agreement and comply with all
applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User Agreement, as it may be
changed by from time to time, do not use this Site. The
material provided on this Site is protected by law, including, but not limited
to, United States copyright law and international treaties. This Site is
controlled and operated by from its offices within the
United States. makes no representation that materials in
the Site are appropriate or available for use in other locations, and access to
them from territories where their contents are illegal is not authorized. Those
who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
Any
claim relating to, and the use of, this Site and the materials contained herein
is governed by the laws of the state of without regard to conflict of law
rules. You consent to jurisdiction of the federal and state courts located in
County, to hear any such claims.
Access, Interference and Linking
grants you a limited license to access
and make personal use of the Site and not to download (other than page caching)
or modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of .
The
following activity on the Site is expressly prohibited: Any non-personal or
commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by ; collection or use of any
product listings, descriptions, or prices, from the Site for the benefit of
another merchant that supplies products competitive with or comparable to those
offered on the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by
.
You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so long as
the link does not portray , its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any logo or other proprietary
graphic or trademark as part of the link without express written
permission.
does not review or control third-party
sites that link to or from the Site, and is not responsible for the contents of
any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
or by the original creator of the material. Except as
stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of {{Get Behind The
Badge}} or the copyright owner. Permission is granted to display, copy,
distribute and download the materials on this Site for personal, non-commercial
use only, provided you do not modify the materials and that you retain all
copyright and other proprietary notices contained in the materials. This
permission terminates automatically if you breach any of these terms or
conditions. Upon termination, you must immediately destroy any downloaded or
printed materials. You also may not, without 's prior
written permission, "mirror" any material contained on this Site on any other
server. Any unauthorized use of any material contained on this Site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers. and the Circle of
Service logo are trademarks of Copyright © 2002 {{Get
Behind The Badge}}.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MATERIALS ON THIS SITE, EVEN IF OR A {{Get Behind The
Badge}} AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Arbitration
By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with , its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries and any content provider
or offer or of goods or services on this Site or through any other associated
activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR
DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER
RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY
OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Westerville, OH. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy
Please
review our Privacy Notice, which also governs your visit to this Site.
You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
Get Behind The Badge reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to {{Get Behind The
Badge}}
Any communication or material you
transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used
by for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and posting.
Furthermore, is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to {{Get Behind
The Badge}} or the Site for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using such
information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact:
{{Get Behind The
Badge}}
,
Phone:
Fax:
Email: {{Get Behind The Badge}} Terms and Conditions of
Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH . IN WHICH CASE
THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and . The Customer accepts
this Sale Agreement by making a purchase, placing an order, or otherwise
shopping on the Site. (References to "you" or "your" shall relate to the
Customer; references to "" shall relate to {{Get Behind The
Badge}} and its affiliates.) The terms and conditions of this Sale Agreement are
subject to change without prior notice, except that the terms and conditions
posted on the Site at the time the Customer initially places or modifies an
order will govern the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and relating to the purchase or sale
of goods or services on the Site. The Sale Agreement may only be modified or
terminated with regard to goods or services that have been purchased or sold on
the Site in a writing signed by . Electronic records
(including signatures), that are otherwise valid, shall be accepted under the
Sale Agreement. The Customer consents to receiving electronic records, which may
be provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting at
the address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF , WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
COUNTY, FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
is 's responsibility. Loss or
damage that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the applicable
licensor(s).
Export Sales
If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
BY IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S
WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by {{Get Behind The
Badge}} are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, makes no representation or
warranty with respect to the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing subject to change. For
all prices, products and offers, reserves the right to
make adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While
uses reasonable efforts to include accurate and up-to-date information on the
Site, makes no warranties or representations as to the
Site's accuracy. assumes no liability or responsibility
for any errors or omissions in the content on the Site.
Limitation of Liability
WILL NOT BE LIABLE FOR LOST PROFITS,
LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. WILL NOT
BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO
THE PURCHASE OF PRODUCTS OR SERVICES, IS NOT LIABLE OR
RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY
CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), 's advertising, or
any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in , . Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon {{Get Behind
The Badge}} until accepted by . Terms of payment are within
's sole discretion. Invoices are due and payable within
the time period noted on the invoice, measured from the date of the invoice.
may invoice parts of an order separately. Customer agrees
to pay interest on all past-due sums at the highest rate allowed by law. The
Customer is responsible for sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your
account manager for our most current and competitive
rates, options and shipping specials. For the Customer's protection, we ship
only to the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Call for details.
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