This agreement ("Agreement") contains the terms and conditions for
the use of the TonerImaging.com Internet Site. As used in this Agreement, "we",
"us", or "our" refers to TonerImaging.com, "you"
or "your" refers to the individual or entity using the Internet Site,
and "Internet Site" refers to all viewable pages including page headers,
custom graphics, button icons, links, and text, underlying program code, database
content, products and accompanying services and documentation. By accessing,
browsing and/or using this Internet Site, you acknowledge that you have read,
understood, and do agree to be bound by these terms and conditions and comply
with all applicable laws and regulations, including U.S. and International laws
and regulations.
Right of Usage (Revocable License)
We grant to you a limited, non-exclusive, non-transferable, revocable license
to use the Internet Site for the purpose of managing your purchasing process,
including viewing, requesting, approving and ordering products on behalf of
yourself or your company. As a Licensee of the Internet Site, you may not rent,
lease, grant a security interest in, or otherwise transfer any rights you have
in the use of this Internet Site. You further are not authorized to resell the
purchase management and processing services of this Internet Site.
Prohibition Against Reverse Engineering
Under the foregoing license, you are prohibited from translating, decompiling,
disassembling or reverse engineering or otherwise attempting to derive the source
code for the operation of the Internet Site or creating derivative architecture
based on the Internet Site or parts of the Internet Site. For purposes of this
Agreement, "reverse engineering" shall mean the examination or analysis
of the Internet Site software to determine its source code, structure, organization,
and internal design, algorithms or program devices.
Title
All title, ownership rights, and intellectual property rights in the Internet
Site shall remain in TonerImaging.com and/or its suppliers. The Internet Site
is protected by the copyright laws and treaties of the United States of America.
You shall not remove any proprietary notices or labels on the Internet Site
without express permission of TonerImaging.com and then only for the use of
the Affiliate Program or use by the press. Through the use of this Internet
Site, no intellectual property rights will transfer to you.
Copyright
This Internet Site is © 2004 - 2005 TonerImaging.com, Inc., ALL RIGHTS
RESERVED. Permission is hereby granted to print in hard copy portions of this
Internet Site for the sole purposes of placing or approving a request or order
using this Internet Site or archiving business records. Any other use of any
portion of this site, including reproduction for purposes other than those specified
herein, modification, distribution, or publication, are expressly prohibited
without the prior written permission of TonerImaging.com.
Purchasing Conditions
By placing an order with TonerImaging.com, you agree to be bound by the terms
and conditions of this Agreement and the Business Policies of TonerImaging.com,
as they are revised from time to time. Each order submitted is subject to acceptance
by us. We reserve the right to accept or decline any order for any or no reason.
Risk of any loss or damage to products you order from us shall transfer to you
upon delivery of such products to you. Title to these items shall pass to you
only upon full payment of the total price for such items. Until such full payment,
you hereby grant us a purchase money security interest in such items ordered
from us, and further agree to cooperate and assist us in the perfection of such
interest.
Upgrades, Modifications and Functionality
TonerImaging.com reserves the right to update and upgrade the Internet Site
at our sole discretion without notice to you, including but not limited to,
changing functionality, user interface, procedures, documentation, or any of
the terms and conditions of this Agreement. TonerImaging.com further reserves
the right to modify any of the terms and conditions contained herein and in
the Business Policies by posting them on the Internet Site. IF ANY UPDATE, UPGRADE
OR MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DISCONTINUE
YOUR USE OF THE INTERNET SITE. YOUR CONTINUED USE OF THE INTERNET SITE FOLLOWING
ANY CHANGE IN OUR SITE OR POSTING OF A NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
A BINDING ACCEPTANCE OF THE CHANGE.
Terms and Termination of Agreement
This license will terminate automatically upon our notice to you if you fail
to comply with the terms and conditions described herein. TonerImaging.com has
the right to terminate the license of any user at any time for any or no reason.
Such termination may be based solely on the discretion of TonerImaging.com.
No Warranty Disclaimer
TONERIMAGING.COM DOES NOT WARRANT THAT YOUR USE OF THE INTERNET SITE WILL BE
UNINTERRUPTED, MESSAGES OR REQUESTS DELIVERED, OR THE OPERATION OF THE INTERNET
SITE WILL BE ERROR-FREE OR SECURE. In addition, the security mechanisms implemented
by TonerImaging.com may have inherent limitations, and you must determine yourself
that the Internet Site sufficiently meets your requirements. TONERIMAGING.COM
IS NOT RESPONSIBLE FOR YOUR DATA WHETHER RESIDING ON TONERIMAGING’S OR YOUR
SERVER. You shall be responsible for all use of your account and maintaining
the confidentiality of your password and information. We discourage sharing
your password and account number with anyone; any such sharing shall be entirely
at your own risk. Accordingly, you should select a unique, non-obvious password
and change your passwords often. THE TONERIMAGING.COM INTERNET SITE AND ITS
CONTENTS ARE PROVIDED "AS IS" AND TONERIMAGING.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS OR ANY PRODUCT.
TONERIMAGING.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THIS DISCLAIMER BY TONERIMAGING.COM IN NO WAY AFFECTS THE MANUFACTURER'S WARRANTY,
IF ANY, WHICH SHALL BE PASSED ONTO YOU. EXCEPT AS EXPRESSLY STATED BY THIS AGREEMENT,
TONERIMAGING.COM, ITS SUPPLIERS AND RESELLERS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION
OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF PRODUCTS OR THE USE
OR INABILITY TO USE THIS INTERNET SITE, EVEN IF TONERIMAGING.COM SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
TONERIMAGING.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED ON
THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT. THESE LIMITATIONS SHALL
SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Miscellaneous
In the event unauthorized charges appear on your credit card through no fault
of your own and result expressly from using the TonerImaging.com site, and for
charges which your credit card company holds you liable, TonerImaging.com may,
at it’s option, cover the liability for up to $50.00, or provide you with
a discount on TonerImaging.com products, provided you notify your credit card
provider in accordance with their reporting rules and procedures, and reasonably
cooperate with TonerImaging.com to stop the fraudulent use of your card. TonerImaging.com
will not be responsible or liable for any delay or failure to perform under
this Agreement if such delay or failure results from fire, explosion, labor
dispute, earthquake, casualty or accident, lack or failure of transportation
facilities and/or services, lack or failure of telecommunications facilities
and/or services including Internet services, epidemic, flood, drought, or by
reason of war, revolution, civil commotion, blockade or embargo, act of God,
any inability to obtain any requisite license, permit or authorization, or by
reason of any law, proclamation, regulation, ordinance, demand or requirement
of any government or by reason of any other cause whatsoever, whether similar
or dissimilar to those enumerated, beyond the reasonable control of TonerImaging.com.
This Agreement represents the complete agreement concerning this license and
may be amended only by a written amendment executed by both parties. THE ACCEPTANCE
BY TONERIMAGING.COM OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL
ON YOUR AGREEMENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it enforceable.
You represent and warrant that, as the individual electronically agreeing to
the terms of this Agreement, you are authorized and empowered to agree to this
Agreement on behalf of yourself and any organization that you purport to represent.
California law shall govern this Agreement, excluding its conflict of laws
and principles and excluding the United Nations Convention on the International
Sale of Goods.
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