1. Other Documents
THESE TERMS AND CONDITIONS APPLY UNLESS YOU HAVE EXECUTED A SEPARATE PURCHASE AGREEMENT WITH LASER JUMP START. Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by LASER JUMPS START.
2. Payment Terms; Orders; Quotations
Terms of payment are determined at Laser Jump Start's sole discretion based on the payment option you select, and payment must be received by Laser Jump Start prior to Laser Jump Start acceptance of your order. Payment shall be made by credit card and or other electronic method of payment deemed valid by Laser Jump Start unless some other pre-arranged method of payment has been accepted by Laser Jump Start. You represent that your credit card usage follows all requirements of the credit card issuer. Any order is not binding unless accepted by Laser Jump Start. Accepted orders are subject to cancellation by Laser Jump Start at its sole discretion. Any quotation provided by Laser Jump Start will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for two days from date of quotation. Otherwise, Laser Jump Start's standard pricing applies. Laser Jump Start is not responsible for pricing, typographical, or other errors in any offers and reserves the right to cancel any accepted orders resulting from such errors.
3. Prices; Shipping and Handling Charges; Taxes
All prices do not include charges for shipping and handling, for sales/use taxes, and for other government required fees; any such charges are additional. Separate charges will be shown on the order acknowledgement for each applicable order. Taxes will be charged for orders shipped to states in which Laser Jump Start is obligated to collect and report such sales.
Title and risk of loss pass to you upon shipment from Laser Jump Start's dock of origin. You must notify Laser Jump Start within two days of date of receipt in case any part of your purchase is wrong or damaged. Title to all software will remain with the applicable licensor(s).
5. Service and Support
Laser Jump Start has no obligation to provide service and support except in accordance with the limited warranty program applicable to the covered product, or any other service offering purchased for such product, and only after Laser Jump Start has received full payment for such service and support. Limited warranties and service offerings may vary from product to product. For covered product, Laser Jump Start support people will first attempt to handle any problems by telephone, e-mail, Internet chat, or Remote Desktop Sharing. Laser Jump Start support people may not be able to understand or resolve every given problem. If it is determined that the product needs to be returned for support, you must follow the return procedures in the applicable limited warranty and the terms of any applicable service offering. Upon receipt of the returned product(s), Laser Jump Start will inspect the product to be certain all parts and software are included and no abuse, misuse or user negligence was responsible for damages which caused the return. You agree to pay Laser Jump Start for any costs associated with missing parts or software, or related to any abuse, misuse of the product or user negligence of such product. You agree that Laser Jump Start may offset such amount against any credit applicable for such returned product. Laser Jump Start may require pre-payment of all service charges, and despite our efforts, Laser Jump Start may not be able to resolve every given problem, especially for products out of warranty.
6. Software License and Warranty
All software is subject to the applicable license agreement which is included with the product(s). You shall be bound by the license agreement once the applicable software package is opened, its seal broken, the software installed, or the clickwrap license agreement agreed to, whichever is earliest. Warranty for any software shall be in accordance with the license agreement; Laser Jump Start does not warrant any software under this Agreement.
7. Product Availability
Product availability may be limited. Products may not be available for immediate delivery. In the unlikely event that product becomes unavailable, Laser Jump Start reserves the right to cancel/delay orders until the ordered product is available again.
8. Limitation of Liability
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Governing Law, Jurisdiction, and Our Agreement to Arbitrate
The sale and use of products purchased under this Agreement shall be governed by the laws of the State of Idaho excluding the conflict or choice of law provisions. You agree that venue and jurisdiction for all disputes will lie in Boise, Idaho. You agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise of any kind) between you and Laser Jump Start, its agents, employees, directors, and affiliates arising in relation to this Agreement and the products purchased hereunder shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator knowledgeable in Internet contracts. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgement in any court of competent jurisdiction. Each party will pay its own costs and attorneys' fees, if any, provided that Laser Jump Start will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent that such fees exceed the amount of the filing fee to initiate a claim in the court of general jurisdiction in the state where you reside. If any party prevails on a statutory claim that allow for the prevailing party to receive award of attorneys fees, the arbitrator may aware reasonable fees to the prevailing party.
10. Export Control
You acknowledge that products and technical data purchased or received under these terms and conditions may be subject to export control laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations. You represent that you are not purchasing to export, re-export, or transfer indirectly or directly any product outside of the United States without obtaining proper authorization from the applicable government agencies. You will not export, re-export, or transfer directly or indirectly any Laser Jump Start product either (i) to an embargoed/terrorist supporting country, including without limitation to Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government, (ii) to a person or entity barred by the US Government on export activity lists, including without limitation to persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List or (iii) to any destination for a prohibited end use. You will defend and hold Laser Jump Start harmless against all claims, damages or liability resulting from breach of the foregoing.
12. Invalidity of Provisions
If any provision or provisions of this Agreement are held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.