Terms of Service
1. THIS IS A CONTRACT
This website, including any subsite accessible through the homepage, (the “Web Site”) is published and maintained by Uniden America Corporation (“Uniden”). Please note that when you enter any subsite accessible through this Web Site or the shopping page, such subsite may have its own terms and conditions of use, which is specific to such subsite. When you access, browse or use this Web Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
The following are the terms and conditions which govern the use of Uniden’s Web Site. These terms and conditions are intended to be a legal and binding Agreement between Uniden America Corporation, including its affiliates and you. By accessing and browsing this Web Site, you acknowledge that you have read and reviewed the following terms and conditions and that you agree to be bound by them.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS WEB SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS WEB SITE FROM OTHER LOCATIONS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. UNIDEN MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
2. OWNERSHIP; INTELLECTUAL PROPERTY PROVISIONS
All information and materials contained in this Web Site, including but not limited to audio, images, software, text, video clips, proprietary logos, service marks and trademarks (the “Content”) are protected under copyright and/or trademark laws, international conventions, and other applicable Intellectual Property laws. Uniden does not grant any copyright and/or trademark license, actual or implied, through the presentation of graphics, text, photographs, proprietary logos, service marks and trademarks within this Web Site. Nor does Uniden intend to make available for any use, any copyrighted materials within this Web Site beyond those fair uses defined in law or equity under the Doctrine of Fair Use of copyrighted materials. Any unauthorized use of the Content may violate copyright laws, trademarks laws, the laws of privacy and publicity, and civil and criminal statutes.
3. YOUR RIGHT TO USE THE WEB SITE AND ITS CONTENTS
This Web Site is only for personal use. You are welcome to duplicate, store, or print copies of all information provided here for your personal use, with the understanding that Uniden retains the copyright on all media including, but not limited to, text, graphics, and photographs. You may not, however, distribute, exchange, modify, sell or transmit anything you copy vfrom this Web Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose without the prior written permission from Uniden. Linking or “mirroring” any part of this Web Site without the prior written permission from Uniden is prohibited. As long as you comply with the terms of these Terms and Conditions of Use, Uniden grants you a non-exclusive, non-transferable, limited right to enter, display and use this Web Site. You agree not to interrupt or attempt to interrupt the operation of this Web Site.
4. DISCLAIMER OF WARRANTIES AND DAMAGES
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. UNIDEN PROVIDES THE INFORMATION IN THIS INTERNET WEB SITE AS A PUBLIC SERVICE TO ITS CUSTOMERS, AND RESERVES THE RIGHT TO CHANGE THE CONTENTS OF THE INFORMATION WITHOUT NOTICE. THIS WEB SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE) IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS WEB SITE, UNIDEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEB SITE, AND/OR (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS WEB SITE.
Uniden products and services may require regulatory approval in some jurisdictions, and, the purchase, ownership, and/or use of certain Uniden products or services may not be lawful in some jurisdictions. The presentation of information about Uniden products and services and the availability of an order entry page within this Uniden home page are not intended to constitute an offer for sale by Uniden in any jurisdiction, nor are they intended to constitute a solicitation for offers to buy in any jurisdiction where the purchase, ownership, and/or use of a Uniden product or service has not received any required regulatory approval or where the purchase, ownership and/or use of a Uniden product or service is unlawful.
The information contained in this Uniden home page is presented as a public service only. The information is not presented for the purpose of conducting business within any jurisdiction and Uniden does not intend any information in this home page to constitute an advertisement or offer for sale of Uniden products and/or services in any jurisdiction. All offers to purchase are accepted by Uniden in the jurisdiction in which Uniden makes the product available for shipment from its dock. All sales transactions are consummated, and title passes, at the point of shipment.
5. UNIDEN’S RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE OR CONTENT ON THIS WEB SITE
Uniden may add to, change or remove any part of these Terms and Conditions of Use at any time, without Notice. Any changes to these Terms and Conditions of Use or any terms posted on this Web Site are effective immediately upon posting. By continuing to use this Web Site after any changes are posted, you are indicating your acceptance of those changes. Uniden may add, change, discontinue, remove or suspend any other Content posted on this Web Site, including features and specifications of products described or depicted on the Web Site, temporarily or permanently at any time, without notice and without liability.
6. RESTRICTIONS OUTSIDE THE UNITED STATES
Uniden America Corporation and its affiliates, which offer this Web Site to you, are headquartered in the United States. Uniden makes no representation that this Web Site or its product offerings are appropriate or legal for use inside or outside the United States. You are responsible for all compliance with your local laws, and use of this Web Site or its product offerings where illegal are expressly prohibited.
7. SUBMISSION OF COMMENTS
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to Uniden in this Web Site (collectively, “Comments”) in response to solicitations in this Web Site shall be deemed and shall remain the property of Uniden. All such Comments are, and will be treated as, non-confidential and non-proprietary. Uniden shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Uniden shall exclusively own all present or hereafter existing rights to the Comments of every kind and nature throughout the world and shall be entitled to unrestricted use of the Comments for any purpose whatsoever without compensation to the provider of the Comments.
This Web Site may contain links to other Internet sites on the World Wide Web. Uniden provides such links for your convenience only, and it is not responsible for the content of any site linked to or from this Web Site. Links from this Web Site to any other site does not mean that Uniden approves of, endorses or recommends that site. Uniden disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
This Web Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL UNIDEN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, AND LOSS OF DATA, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE AND/OR ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS WEB SITE. 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. IN NO EVENT SHALL UNIDEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
You agree to indemnify, defend and hold Uniden and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliates, (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorney’s fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Uniden’s defense of any claim. Uniden reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Uniden.
12. GOVERNING LAW AND VENUE
This Agreement shall be interpreted, construed and governed by the laws of the State of Texas, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of Texas in Tarrant County or the Federal District Courts of the Northern District of Texas (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, UNIDEN shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of UNIDEN, such action is necessary or desirable.
TERMS AND CONDITIONS OF SALE
1. THIS IS A CONTRACT
Following are the terms and conditions which govern the sale of product on Uniden America Corporation’s web site (“Web Site”). These terms and conditions are intended to be a legal and binding agreement between Uniden America Corporation, including its affiliates (“Uniden”), and you. By accessing and browsing this Web Site, you acknowledge that you have read and reviewed the following terms and conditions and that you agree to be bound by them. Uniden reserves the right, in its sole discretion, to change these terms and conditions at any time without prior notice.
2. ORDERS; PAYMENT TERMS; SHIPPING CHARGES
Orders are not binding upon Uniden until acceptance by Uniden at its home office. Uniden is not responsible for pricing errors or other errors on the website, and reserves the right to cancel orders arising from such errors. Payment must be received by Uniden prior to Uniden’s acceptance of an order. Uniden reserves the right to change payment terms at any time. The customer is responsible for all shipping charges. Title passes upon shipment of the product from a Uniden facility.
3. AVAILABILITY OF PRODUCTS AND SERVICES
The products and services displayed on the Web Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Web Site does not imply or warrant that these products or services will be available at any time in your particular location.
4. WARRANTIES; LIMITATION OF LIABILITY
THE PRODUCT WARRANTY SHALL BE UNIDEN’S STANDARD LIMITED WARRANTY FOR REFURBISHED PRODUCT, WHICH WARRANTY UNIDEN MAY CHANGE AT ANY TIME. THE FOREGOING IS UNIDEN’S SOLE WARRANTY AND UNIDEN HEREBY DISCLAIMS ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNIDEN’S SOLE OBLIGATION FOR WARRANTY CLAIMS SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT AT UNIDEN’S SOLE DISCRETION. REPLACEMENT MAY BE MADE WITH NEW OR QUALITY REMANUFACTURED PRODUCT. UNIDEN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UNIDEN’S LIABILITY FOR BREACH OF THE FOREGOING WARRANTIES EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE PRODUCT.
5. COMPLIANCE WITH LAWS
Uniden makes no representation that its product offerings are appropriate or legal for use inside or outside the United States. You are responsible for all compliance with your local laws and use of Uniden’s product offerings where illegal are expressly prohibited.
6. OTHER DOCUMENT
The terms and conditions in this Agreement may not be amended, supplemented, or altered by any other document(s) and any attempt to so, amend, supplement, or alter, is null and void unless agreed to in writing by both parties.
7. GOVERNING LAW AND VENUE
This Agreement, and thus any sale, shall be interpreted, construed and governed by the laws of the State of Texas, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of Texas in Tarrant County or the Federal District Courts of the Northern District of Texas (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, UNIDEN shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of UNIDEN, such action is necessary or desirable.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
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