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Terms and Conditions of Sale

CRN Solutions, Inc. dba CyberXLink Terms and Conditions of Sale

PLEASE READ THESE MASTER TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THESE MASTER TERMS AND CONDITIONS OF SALE.

Important information about this legal contract:

These Master Terms and Conditions are a legal contract between the Customer and CRN Solutions, Inc. dba CyberXLink (“CyberXLink”). The Customer accepts these Master Terms and Conditions by making a purchase, placing an order, or otherwise shopping on CyberXLink's website. The Master Terms and Conditions are subject to change without prior notice, except that the terms and conditions posted on CyberXLink's website at the time the Customer initially places or modifies an order will govern the order in question.

The Master Terms and Conditions, along with CyberXLink’s invoice with the terms and conditions therein, CyberXLink’s Privacy Policy, and CyberXLink’s RMA/Warranty Returns Policy (collectively, “Sales Agreement”), constitutes the entire agreement between the Customer and CyberXLink relating to the purchase or sale of goods or services, and supersedes all other agreements, oral or written, and all other communications suggesting additional or different terms between CyberXLink and the Customer. The Sale Agreement may only be amended, modified, cancelled or terminated with regard to goods or services that have been purchased or sold on this website in writing signed by CyberXLink. 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 CyberXLink at the address provided below.

In the event of any conflict between the terms and conditions stated on the Customer’s purchase order and this Sale Agreement, the Customer agrees that the provisions of this Sale Agreement shall control. Any proposal for additional or different terms or any attempt by the Customer to vary in any degree any of the terms hereof is hereby deemed material and is objected to and rejected. No terms of any document or form submitted by the Customer shall be effective to alter or add to the terms and conditions in the Sales Agreement.

Taxes:

Prices do not include any sales, use, excise, privilege, or other taxes or assessments imposed or levied presently or in the future by or under the authority of any federal, state, or local law, rule, or regulation. Such taxes or assessments is the responsibility of the Customer and may be added to the purchase cost of the goods, where applicable.

Title / Risk of Loss:

Title to the goods being purchased is retained by CyberXLink until the goods are paid for by the Customer and at that time title passes to the Customer. Loss or damage that occurs during shipping by a carrier selected by CyberXLink is CyberXLink'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).

Delivery:

All shipping and delivery dates are estimates based upon prompt receipt of all necessary information. Delays in securing Customer’s approval of necessary specifications or samples of the goods shall, if CyberXLink so chooses, extend the date of delivery. CyberXLink shall not be liable for any claim, loss, expense, or damage of any kind whatsoever for delays in delivery.

Installation:

Customer agrees to pay for all installation charges. CyberXLink is not to be held responsible for claimed or unclaimed installation fees on any of the products CyberXLink sells.

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.

Cancellations:

Order cancellations are subject to cancellation charges as calculated by CyberXLink to cover all costs and expenses incurred prior to the cancellation of said order. Cancellation charges may include, but are not limited to, all costs and expenses incurred in producing the goods (both completed and in process) and the cost of all items and special materials purchased for such order. Cancellation charges may be the total cost of manufacturing the goods.

Third-Party Product Disclaimer:

All products sold by CyberXLink are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to the original manufacturer’s warranty and compliance.

Pricing and Information Disclaimer:

All pricing is subject to change. For all prices, products and offers, CyberXLink reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While CyberXLink uses reasonable efforts to include accurate and up-to-date information on their website, CyberXLink makes no warranties or representations as to the Site's accuracy. CyberXLink assumes no liability or responsibility for any errors or omissions in the content on its website.

Limitation of Liability:

(a) CyberXLink provides this specific limited warranty that it will repair or replace products it finds to be defective in material and workmanship for one (1) year from the date of delivery. The warranty does not include any promises, duties, obligations or otherwise of CyberXLink that are not explicitly outlined in the applicable warranty. See specific warranty information on this website.

(b) Buyer is responsible for testing the goods before installation. If Buyer determines that the goods fail to conform to the applicable specifications, Buyer must notify CyberXLink in writing within seven (7) days of delivery at which point CyberXLink will refund the purchase price. After seven (7) days after delivery, but within one (1) year of delivery, Buyer may notify CyberXLink in writing if any goods fail to conform to the applicable specifications at which point CyberXLink will replace any portion of the goods it finds to be defective. Buyer acknowledges the amount of time to permit CyberXLink to examine and test the goods. This represents Buyer’s sole remedy for any breach of warranty. All warranty requests shall adhere to CRN’s Return Policy.

(c) EXCEPT AS STATED HEREIN, CYBERXLINK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY CYBERXLINK IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF APPLICABLE. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT THIS AGREEMENT BETWEEN CYBERXLINK AND BUYER SHALL NOT CONFER ANY THIRD-PARTY BENEFICIARY RIGHTS AND SHALL EXCLUDE ALL SUCH RIGHTS. IN ADDITION, BUYER AGREES THAT IF THERE IS AN ALLEGED PRODUCT DEFECT, DEFECTIVE LABELING OR OTHERWISE, BUYER SHALL SEEK REDRESS ONLY FROM THE MANUFACTURER OF SUCH GOODS, AND BUYER WAIVES AND RELEASES CYBERXLINK FROM SUCH CLAIMS. CYBERXLINK WILL REASONABLY COOPERATE IN THAT REGARD AT BUYER’S COST AND EXPENSE.

(d) CyberXLink’s liability to Buyer or anyone claiming through or on behalf of Buyer, with respect to any claim or loss arising out of this transaction or alleged to have resulted from an act or omission of CyberXLink, whether negligent or otherwise, and whether in tort, contract, or otherwise, including failure to deliver, delay in delivery, or breach of warranty, shall be limited to an amount equal to the purchase price of the goods with respect to which such liability is claimed or, where appropriate and at the option of CyberXLink, to replacement of the goods thereof. In no case will CyberXLink be liable for any bodily injury, death, or property damage resulting from or in any way arising out of the goods or their sale, use, or manufacture. CYBERXLINK 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. CYBERXLINK WILL NOT BE LIABLE FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, CYBERXLINK IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE UNDER THIS SALES AGREEMENT.

(e) CyberXLink reserves the right, at any time, to make changes in the design of specification of the goods, or any part thereof, which CyberXLink, in its sole discretion, believes will constitute an improvement in such goods or parts thereof.

(f) CyberXLink is not liable for any alterations of the goods, improper maintenance, abuse of the goods, or improper installation thereof.

Freight Policy:

Shipping and handling charges on all orders vary, depending upon published rate of the carriers used. Contact your CyberXLink 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.

Return Policy:

(a) Please see CyberXLink’s Return Policy on this website. Any goods to be returned to CyberXLink must have a Return Material Authorization (RMA) number issued by CyberXLink before being returned. Please call (951) 824-1572 or e-mail our Returns Department at rma@cyberxlink.com to obtain an RMA number prior to returning or shipping your product back to CyberXLink. No returns of any type will be accepted without an RMA number. Any goods returned without a proper RMA number will not be accepted and will be returned to Customer at Customer’s expense. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.

(b) Any goods returned by the Customer must be returned as originally shipped in their original packaging. Any item not returned in its original package will be returned and under no circumstance will we issue a credit. All products returned MUST be 100 percent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.

(c) Specially or custom build to order goods or cut cables are non-cancellable and non-returnable.

(d) You the customer are responsible for shipping charges on returned items; CyberXLink will match your shipping method on your replacement or exchange item(s). i.e., you return the defective item in question back to us UPS Ground for replacement; CyberXLink in return will ship back to you the replacement item via UPS Ground at our expense. Any additional shipping cost(s) is the Customer’s responsibility.

(e) CyberXLink strongly recommends the Customer fully insure the return shipment in case it is lost or damaged and use a carrier that can provide the Customer with proof of delivery for the Customer’s protection.

(f) If merchandise arrives to the Customer damaged, it is best to REFUSE it back to the carrier attempting delivery. If the Customer accepts the package, make sure to note the damage on the carrier's delivery record in order for CyberXLink to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify CyberXLink immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If the Customer does not notify CyberXLink of damaged goods within the first 7 days of arrival, CyberXLink’s regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call a CyberXLink Account Manager at (951) 824-1572 to arrange for carrier inspection and a pick up of damaged merchandise.

(g) Manufacturer restrictions apply. Any item(s) that are missing the UPC Code can ONLY be replaced with the same item. After 30 days, all manufacturers' warranties apply.

(h) Certain non-defective returns can be accepted directly by CyberXLink within 30 days from the invoice date at CyberXLink's discretion for credit or exchange. Please see CyberXLink’s Return Policy on this website. All non-defective returns are subject to a 20 percent restocking fee.

(i) CyberXLink reserves the right to authorize product returns beyond 30 days from the invoice date. If the product(s) is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items. Customers are responsible for all charges for shipping returned items to CyberXLink, and CyberXLink will pay the shipping charges on the replacement or exchange item(s) sent to the Customer.

Force Majeure:

CyberXLink shall not be liable for any delay in or failure of performance hereunder due to any contingency beyond its reasonable control, including without limitation: an act of God; war; civil commotion; sabotage; labor dispute; explosion; fire; accident; power or equipment failure; inability to obtain suitable or sufficient labor, fuel, power, or material; delay of carrier; embargo; or any law, ordinance, rule, or regulation, whether valid or invalid.

Applicable Law:

This Agreement shall be construed and interpreted in accordance with the laws of the State of California, without regard to its rules for conflict of law. Customer agrees that any dispute or claim arising out of this Sales Agreement shall initially be submitted to mediation with a private mediator in the County of Riverside, California. If the dispute or claim cannot be resolved by mediation, the parties shall submit to neutral binding arbitration by a single arbitrator in the County of Riverside, California, in accordance with the Commercial Arbitrations Rules of the American Arbitration Association.

Hours of Operation:

Monday through Friday 8:00 a.m. to 5:00 p.m. PST (excluding holidays)

Check Payment Policy:

CyberXLink will accept a cashiers check or money order on all COD orders. COD Company check terms are available upon completion and acceptance of a CyberXLink credit application. Email us at credit@cyberxlink.com or fax your credit application to CyberXLink at (951) 691-5072. Payments not made on time for invoices due are subject to a 1.5% late penalty. CyberXLink will accept personal and business checks for prepay orders, which may take up to 10 business days to clear. CyberXLink Terms and Conditions of Website Use

PLEASE READ THESE TERMS AND CONDITIONS OF WEBSITE USE VERY CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEBSITE (THE "SITE") OPERATED BY CRN SOLUTIONS, INC. DBA CYBERXLINK, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Important information about this legal contract:

You agree to these Terms and Conditions of Website Use and CyberXLink’s Privacy Policy outlined on the Site (collectively “User Agreement”) by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time and at CyberXLink'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 review the Terms and Conditions of Website Use and the Privacy Policy frequently.

Acceptance of Contract Terms:

The User Agreement and all of its terms and conditions constitute a legal contract between you and CRN Solutions, Inc. dba ("CyberXLink"). (References to "you" or "your" shall relate to a customer of CyberXLink or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "CyberXLink" shall relate to CRN Solutions, Inc. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this 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. Do not use this Site if you do not agree to this User Agreement, as it may be changed by CyberXLink from time to time. 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 CyberXLink from its offices within the United States. CyberXLink 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 risk and are responsible for compliance with applicable local laws.

Access, Interference and Linking:

CyberXLink 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 CyberXLink.

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 CyberXLink; 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 CyberXLink.

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 CyberXLink, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CyberXLink logo or other proprietary graphic or trademark as part of the link without express written permission.

Use Restrictions:

The copyright in all material provided on this Site is held by CyberXLink 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 CyberXLink 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 automatically terminates if you breach any of these terms and conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without CyberXLink'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, laws of privacy and publicity, and communications regulations and statutes.

All trademarks and registered trademarks are the sole property of their respective owners. Photographs are a courtesy of respective manufacturers. CyberXLink logos are registered trademarks of CyberXLink. Copyright 2012 CRN Solutions, dba CyberXLink.

Limitation of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CYBERXLINK 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 CYBERXLINK OR A CYBERXLINK 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.

Governing Law:

The User Agreement shall be construed and interpreted in accordance with the laws of the State of California, without regard to rules for conflict of law. 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 CyberXLink, 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, SHALL INITIALLY BE SUBMITTED TO MEDIATION WITH A PRIVATE MEDIATOR IN THE COUNTY OF RIVERSIDE, CALIFORNIA. IF THE CLAIM OR DISPUTE CANNOT BE RESOLVED BY MEDIATION, ALL PARTIES SHALL SUBMIT TO NEUTRAL BINDING ARBITRATION BY A SINGLE ARBITRATOR IN THE COUNTY OF RIVERSIDE, CALIFORNIA, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATIONS RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

Privacy:

Please review our Privacy Notice, which governs your visit to this Site.

Disagreement with These Terms and Conditions:

If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.

Links to other materials:

CyberXLink 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. CyberXLink reserves the right to terminate any link or linking program at any time. CyberXLink does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.