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USE RESTRICTIONS
This document describes the terms and conditions that govern sales between Sound Clarity (“SELLER”) and you, the customer (“Customer” or “You”), on orders for software and other products (“Products”) sold in the United States. To place an order, You must be of legal age with the ability to enter into binding contracts. By accepting delivery of the Products described on Your invoice, You agree to be bound by and accept these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS YOU HAVE SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SELLER, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER SELLER STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in SELLER’s sole discretion.
1. Other Documents. This Agreement, including the Terms of Use, Privacy Policy, Return Policy, Ordering Information and any other attachments hereto take precedence over Your additional or different terms and conditions and constitute the entire understanding between the parties relating to transactions hereunder. Acceptance by You is limited to SELLER’s terms and conditions. Notice of objection is hereby given to Your additional or different terms and conditions. Neither SELLER’s commencement nor completion of performance shall be deemed or construed as acceptance of Your additional or different terms and conditions unless otherwise agreed to in a written agreement signed by both You and SELLER.
2. Governing Law. These Terms and Conditions of Sale, and all matters relating to your use of the Site, shall be governed and construed in accordance with the laws of the United States of America, State of Iowa, without regard to choice of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Johnson County, Iowa and the United States District Court for the Southern District of Iowa with respect to such matters.
3. Terms of Payment and Interest. Unless otherwise agreed to by SELLER, payment must be received by SELLER prior to SELLER’s acceptance of an order. Payment for the Products will be made by credit card only. SELLER accepts American Express, Discover, MasterCard, and VISA. SELLER uses Secure Sockets Layer (SSL) encryption to help protect data transmissions of personal information. SELLER recommends that You use the latest browsers to ensure that You are protected by advances in security technology. You accept all risks associated with using a credit card to purchase the Products, including the risk that Your credit card number or other information could be intercepted in transit. You understand that SELLER will not be liable for any charges, which may be made on your credit card as a result of interception, or any other misuse of your credit card or information transmitted or mistransmitted to SELLER. If you are uncomfortable transmitting your order online, contact us via toll free telephone at 888-477-2995 to complete your order. SELLER may extend different payment terms in its sole discretion. SELLER may invoice parts of an order separately. Orders are not binding upon SELLER until accepted by SELLER. Any quotations given by SELLER will be valid for the period stated on the quotation. You agree to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on SELLER’s invoice(s). You are responsible for sales and all other taxes associated with the order, however designated (excluding SELLER’s franchise taxes and taxes based on SELLER’s net income). If applicable, you must provide SELLER with a valid and correct tax exemption certificate applicable to the Product ship-to location prior to SELLER’s acceptance of the order. If applicable, a separate charge for taxes will be shown on SELLER’s invoice.
5. Title. Title to Products passes from SELLER to You on shipment from SELLER’s facility. Title to software will remain with the applicable licensor(s).
6. Warranties. Sound clarity does not make any representations or warranties as to the third-party products sold through this site. To the fullest extent permitted by law, sound clarity disclaims all warranties, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
The manufacturer’s limited warranty, if any, for products sold by seller on this site are included with the product. Seller makes no warranties regarding products manufactured by third parties. To obtain a copy of a third-party manufacturer’s limited warranty for a product offered on this Site, please contact Sound Clarity at the following address:
Sound Clarity, Inc.
359 North 1st Ave.
Iowa City, Iowa 52245
Software is warranted, if at all, only according to the terms of the end user license agreement (“eula”) that accompanies the software. You agree that you will be bound by the eula once the software is used. Seller does not warrant or provide support for any third party software under this agreement.
7. Availability. SELLER’s policy is one of ongoing Product update and revision. SELLER may discontinue Products at any time. SELLER will ship Products that have the functionality and performance of the Products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
8. Limitation of Liability. Under no circumstances shall seller be liable in any way to you or any third party for any damages in connection with the sale of the product, including, but not limited to, any loss of data, loss of business, loss of profits, loss of use of the assistive device or any associated devices, cost of replacement product, down-time, charges for your time and effort or any other direct, indirect, special, reliance, incidental or consequential damages whether or not foreseeable and whether or not based on breach of warranty, contract or negligence, even if seller has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Return Policy. You may return the Products that are purchased directly from SELLER in accordance with the Return Policy in effect on the invoice date.
10. Applicable Law; Not For Resale. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that You are buying for Your own internal use only, and not for resale. You acknowledge and agree that the Products sold by Seller may be subject to restrictions and controls imposed by the United States Export Administration Act, regulations under such act and other laws. You agree and certify that you will not export or re-export the Products, in whole or in part, directly or indirectly, unless in compliance with applicable law.
11. On Site Installation. If you live in Johnson or Linn County, Iowa and would like information about our on-site consultation and installation services, please call 319-354-5854 for further information on the terms and conditions applicable to these services.
12. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
13. Severability. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality or unenforceability shall not affect the remaining provisions and portions of this Agreement.
14. Guarantee. If you are not completely satisfied with your order, you may return it within 30 days for a refund or exchange. The item must be in the original carton and in "like new" condition to receive a refund; otherwise an exchange or credit will not be issued. Computer software and videotapes are not returnable unless the media is defective. Defective merchandise returned to Sound Clarity within the first 30 days will be exchanged with the same items. If more than 30 days have passed, the manufacturer's limited warranty will apply and products should be returned directly to the manufacturer. All products are sold with the manufacturer's limited warranties, if any, and, except as provided above, no other warranty or guarantee is expressed or implied.
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