|
TERMS OF USE:
1. IMPORTANT INFORMATION
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
2. LICENSE
All of our products carry their own license and useage agreements. Please refer to the product manuals.
3. IMAGERY, CLIPARTS AND FONTS
You can use imagery, clipart and fonts to develop for marketing our products only. Any kind of separate usage or distribution is strictly prohibited.
4. MODIFICATIONS
Any modifications to our products other than those modifications previously agreed upon by our technical department are not recommended and could void the warranty of the product.
5. UNAUTHORIZED USE
If you have not received the Buyout License, you shall not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium. You also shall not offer them for redistribution or resale of any kind without prior written consent from our company.
6. ASSIGNABILITY
You shall not sub-license, assign, or transfer the any mentioned above to any entity without prior written consent from our company.
7. OUR RETURN/REFUND POLICY
Effective 8/26/2011 we have updated our return policy to provide 48 hrs from the delivery day and time of the package for a RMA (Return Merchandise Authorization) to be made for the product to be return for a full refund, excluding shipping, providing that the return meets the following conditions.
The product must be returned in new condition and include all the original packing materials.
If the product includes ZaPrompt Pro Teleprompter software the license must me unused. ZaPrompt Pro can be run in the “fully functional” trial mode for 30 days, there can be evaluated without the need of being activated. In the event that ZaPrompt Pro has been activated by the customer the current cost of the software will be subtracted from the allowed refund. There are no exceptions.
Furthermore the buyer acknowledges that it is at the discretion of Telmax Teleprompters, Inc to determine the condition of the product if returned, and in the event the product is damaged or in any condition other than new, Telmax Teleprompter, Inc. reserves the right to assess a restocking fee or refuse the return and send the product back to the purchaser.
Fefunds are processed within 5 to 7 days from the time the product is received back into inventory.
ZaPrompt Pro Teleprompter software purchases are excluded from this policy and are none refundable. ZaPrompt Pro runs as a fully functional 30 day trial and can be fully evaluated and tested for compatibility before being purchased.
Products received without a RMA will automatically be refused and sent back to the purchaser. You may request a RMA by calling us at 800.634.5017 for fax a request to 772.492.8056. RMA's will not be issued after the 48 hr. return period had lapsed.
Instead of returning the product, the purchaser may decide to upgrade or downgrade their product for the same type of product of a different size. In this event, Telmax Teleprompters, Inc will allow the customer to either pay the different for the upgrade or the customer will be refunded the amount for any downgrades. Such, exchanges are subject to the approval of Telmax Teleprompters, Inc.
8. OWNERSHIP
We claim intellectual property rights to the trademarks Telmax and ZaPrompt. All hardware and software that sold through telmaxteleprompters.com will be subject to its own license agreement and user agreement. Ownership rights may vary from product to product.
9. INSTALLATIONS
We do not install any of our products.
10. ANTIFRAUD CHECK
Customer purchase can be suspended for manual anti fraud check for 10-20 minutes as well as it can be suspended for a longer term for more serious investigations. Anti fraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.
11. THIRD-PARTIES SERVICES
We may use third parties to provide certain services accessible through the website. Our website does not control these third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You agree to comply with such terms and policies as well as these. If any such terms or policies conflict with our terms, agreements or policies, you must comply with those of our website.
12. INFORMATION DISCLOSURE
You may not disclose any order information including, but not limited to, Order ID, download link, etc.
13. Disputes with Gilbert and Company Inc.
13.1 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.2 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in section 13.1 above, you agree that any claim or dispute you may have against Gilbert and Company Inc. must be resolved by a court located in Indian River County, Florida. You agree to submit to the personal jurisdiction of the courts located within Indian River County FL. This Agreement shall be governed in all respects by the laws of the State of Florida, without regard to conflict of law provisions.
13.3 Improperly Filed Litigation. All claims you bring against Gilbert and Company Inc. must be resolved in accordance with section 13 of this Agreement. All claims filed or brought contrary to section 13 shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section 13, Gilbert and Company Inc. may recover attorneys fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Gilbert and Company Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
14. Modifications to this agreement;
Gilbert and Company Inc. reserves the right to change or modify these terms with no prior notice.
|