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Please read the following terms and conditions closely before
using the Installation One
(Company) Web Site (Site).
By ordering online or
offline, accessing,
browsing, and using this
Site and the hardware it's
hosted on, you (Visitor)
acknowledge that you have
read, understood, and agree
to comply with these Terms
and Conditions of Use. These
terms and conditions apply
only to Sites which reside
on servers within the
installationone.com" domain
structures.
Rules for
interacting with the Site
When interacting with the Site, you agree not to post, send,
transmit, upload or
otherwise publish through
the Site, any materials
that:
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interfere with the Site's design, integrity, stability,
performance, or
otherwise would disturb
the Site in any way
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are abusive, illegal, indecent, defamatory, libelous, obscene,
pornographic, profane,
offensive, threatening,
or that encourage
conduct that would be
considered a criminal
offense or give rise to
civil liability or
lawlessness
-
violate any property rights (intellectual or otherwise),
copyrights, or infringe
on any trademarks
-
interfere with the privacy of the Company or any Site visitors
-
contain harmful items, viruses, or other software that could
compromise the integrity
of the Site or any of
its related hardware or
software
-
contain false or misleading information, statements, or
descriptions of the
origin of the material
or communication
-
are contrary to any Local, State, Federal Laws, or the
Constitution of the
United States of America
The Company assumes no liability or responsibility from the
contents of, or improper
interaction with the Site,
and may change, edit, or
remove any material or
transmissions that are
illegal, indecent, obscene
or offensive, or that
violates the Company's
policies in any way. The
Company will fully cooperate
with any law enforcement
agency or court order
requesting or directing the
Company to disclose the
identity of anyone posting
such material or
transmissions.
Rules for
Minors (Under Age 18)
Minors under the age of 18, need permission from a parent or
legal guardian before
interacting with this site.
This Site has no rating or
Content verification
systems, and the Company can
not guarantee this site to
be suitable for viewing by
Minors. Viewing of this site
is at the viewers own risk.
Links
This Site may contain links to other Internet sites. The Company
provides such links for your
convenience only, and is not
responsible for the content
of any site linked to or
from this Site. Links from
this Site to any other site
do not mean that the Company
approves of, endorses, or
recommends the liked site.
The Company disclaims all
warranties, express or
implied, as to the accuracy,
legality, reliability or
validity of any content on
any other site.
Site Use,
Contents, and Ownership
Content on this Site is for personal viewing only. Any and all
items and information on
this Site, including but not
limited to text, graphical
images, files, software,
text, audio, video,
conversations,
transmissions, chats,
emails, instant messages ,
and visual or audible
correspondence (Content),
may be protected under U.S.
copyright law, international
conventions, intellectual
property rights, and other
applicable laws. You may not
remove any trademark,
copyright, or other notices
that are included with or
displayed on any Content.
You also may not distribute,
exchange, modify, sell or
transmit any Content from
this Site for any reason
whatsoever. Any unauthorized
use of the Content may
violate trademark laws,
copyright laws, intellectual
property laws, and civil and
criminal statutes. As long
as you comply with these
Terms and Conditions of Use,
the Company grants you a
non-exclusive and
non-transferable limited
right to view this Site.
Company's
right to Content received
Any Content sent to the Site including but not limited to
communications, comments,
data, questions, and
suggestions by any transport
method, are and will be
treated as, non-confidential
and non-proprietary. Thus,
the Visitor gives up any
claim that any use of such
material violates any of
Visitor's rights including
moral rights, privacy
rights, proprietary or other
property rights, publicity
rights, rights to credit for
material or ideas, or any
other right, including the
right to approve the way
Company uses such material.
Any Content submitted to this Site may be adapted, broadcasted,
changed, copied, disclosed,
licensed, performed, posted,
published, sold,
transmitted, or used by the
Company anywhere in the
world, in any medium,
forever. Furthermore, the
Company is free to use,
without any compensation to
you, any concepts, ideas,
know-how, or techniques
contained in any
communication you send to
the Site for any purpose
whatsoever, including but
not limited to developing,
manufacturing and marketing
products using such
information. However, you
agree and understand that
the Company is not obligated
to use any such ideas or
materials and you have no
rights to compel such use by
the Company.
Terms and Conditions of Sale
Installation One and its subsidiaries (collectively, "Seller")
make all sales to all customers
(collectively, "Buyer")
subject to the following terms and conditions:
Acceptance of Terms and Conditions.
Seller's acceptance of all purchase orders (Whether placed
online, over the phone, By
Fax, E-mail, or in any other
fashion) is expressly
conditioned upon Buyer's
consent to, either express
or implied, these terms and
conditions, and Seller will
not accept, and expressly rejects, any other terms and
conditions (whether written
or oral) originating from
Buyer that purport to
modify, add to, or otherwise
vary the terms and
conditions stated herein.
Buyer's
acceptance of these terms
and conditions shall be
indicated by any of the
foregoing: (a) Buyer's
written acknowledgement or
other act or expression of
acceptance, (b) Buyer's
offer to purchase products
and/or services from Seller,
(c) Buyer's acceptance of
shipment from Seller, or (d)
Buyer's acceptance of
services and/or tangible
products from seller.
Product
Pricing and Availability
Product pricing and availability is subject to change with or
without notice. Due to the
nature of today's business
climate and this industry,
item availability,
specifications, and prices
may change often and without
notice. The seller works
very hard to display
accurate information on its
products for sale, but will
not be held liable for
changes in pricing and/or
specifications, site errors
or omissions, computer
hardware, human errors,
and/or software errors.
Returns and Exchanges of Tangible Products
All returns and exchanges
must be approved by
Installation One before
being sent back and a return
authorization number (RAN)
must be obtained.
Installation One reserves
the right to deny any return
and/or exchange for any
reason. All special
orders, softwares, and
covert cameras can not be
returned or exchanged.
Remaining items, subject to
Installation One's approval,
can be returned for exchange
and/or refund within 20 days
of purchase. All
returns must be in original
box and in original
condition. All returns
are subject to a 20%
restocking fee.
Cancellation of Service
Any cancellation of services must be accomplished in writing and
delivered to the seller's
premises no later than 72
hours before the start of
installations and services.
If the cancellation is not made in writing and/or not delivered
to the seller's premises
within 72 hours before the
start of services, the down
payment and any other fees
collected are forfeited.
Shipment/Title/Risk of Loss/Taxes.
Title to the product shall pass to Buyer upon delivery of
products and/or services to
the common carrier or
Buyer's representative at
Seller's dock or any other
location directed by Buyer.
All risk of loss, damage, theft or destruction to the product
shall be borne by Buyer at
F.O.B. shipping point.
No such loss, damage, theft or destruction to the product, in
whole or in part, shall
impair the obligations of
Buyer under this agreement,
all of which shall continue
in full force and effect.
Seller shall not be liable for any shipping delays.
Buyer shall bear all applicable federal, state, municipal or
other governmental tax, as
well as any applicable
import or customs duties,
license fees and similar
charges, however designated
or levied on the sale of
products (or delivery
thereof) or measured by the
purchase price paid for the
products.
Shortages/Rejection of Products and/or Services.
All claims for shortages or rejection of delivery must be made
by Buyer to Seller in
writing within a period of
seventy two (72) hours from
receipt of product and/or
services and must state in
reasonable detail the
grounds therefor. Unless
such notice is given within
the stated period of time,
Buyer agrees that it shall
be conclusively presumed
that Buyer has fully
inspected the products
and/or services and
acknowledged that NO
shortage or grounds for
rejection exists.
Security Interest.
Buyer grants Seller a security interest in all products and/or
services sold hereunder and
to all products and services
now or hereafter acquired by
Buyer from Seller, and to
any proceeds thereof, until
the purchase price and any
other amounts due to Seller
have been paid in their
entirety.
Buyer agrees promptly to execute any financing statement or
other documents requested by
Seller in order to protect
Seller's security interest.
Upon any default by Buyer of
any of its obligations to
Seller, Seller shall have
all the rights and remedies
of a secured party under the
Uniform Commercial Code,
which rights and remedies
shall be cumulative and not
exclusive.
Payments.
Buyers with "Personal Check", "Personal Check (via mail)",
"Seller Check", or "Seller
Check (via mail)" terms are
required to make payment COD
upon completion of service
and/or delivery of hardware.
Invoices for Net 10
customers are considered due
within 10 days of the date
listed on the invoice, and
are considered past due on
the 11th day. Invoices
for Net 20 customers are
considered due within 20
days of the date listed on
the invoice, and are
considered past due on the
21st day. Invoices for
Net 30 customers are
considered due within 30
days of the date listed on
the invoice, and are
considered past due on the
31st day.
A Service Charge of 1.5% per month will be added to all amounts
invoiced if not paid on or
before the due date.
Further, a $35 monthly late
fee may be assessed for all
accounts not paid on or
before their due date.
All past due accounts may be
sent to collections.
Any costs incurred for
collection of outstanding
debt-including applicable
attorneys' fees--shall be
the responsibility of the
client. Returned
checks are subject to a $35
fee. No additional
credit will be extended to
past due accounts unless
arrangements are made with
our credit department.
Limitation of Liability and Damage Disclaimer
Use of this site is at your
own risk. The Site and its
Contents are provided "as
is" without warranty or
guarantee of any kind. The
Seller makes no warranties
or representations as to the
Site's accuracy and assumes
no liability or
responsibility for any
errors or omissions in the
Site.
Furthermore, the Seller
makes no claim that this
site is free from defects,
viruses, inaccuracies, or
other property that could
damage your hardware or
software interfaced with
Site. The Seller can not
guarantee non-infringement
on protected property that
is located on the Site.
Under no circumstances,
including, but not limited
to, negligence and gross
negligence, shall the Seller
be liable for any direct,
incidental, special,
consequential, indirect, or
punitive damages resulting
from the use of, or the
inability to use, this Site
or its content, even if the
individual, Seller, or a
Seller authorized
representative has been
advised of the possibility
of such damages.
Indemnification
You agree to indemnify,
defend and hold the Seller
and all of its agents,
directors, employees,
information providers,
licensors and licensees,
officers and parent,
(collectively, "Indemnified
Parties") harmless from and
against any and all
liability and costs,
including without limitation
attorneys' 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
the Seller's defense of any
claim. The Seller 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 the
Seller.
Limitation of Liability.
In the event that a
products’ malfunction leads
to damage or injuries to the
product, to the buyer, the
buyer’s business, the
end-user’s business, to
other equipment, or
residence, to employees or
to other persons, Seller
shall not be liable for such
damages or injuries. Buyer
understands and agrees that
if Seller shall be found
liable for loss or damage
caused by failure of Seller
to perform any of Seller’s
obligations hereunder or the
failure of the product in
any respect whatsoever,
Seller's liability shall be
limited to the price paid
for such product, and this
liability shall be
exclusive.
Buyer understands and agrees that the provisions or this section
shall apply if loss or
damage, irrespective of
cause or origin, results
directly or indirectly to
persons or property, from
performance or
nonperformance of any of
Seller's obligations or from
negligence, active or
otherwise, of Seller, or its
agents, servants, assignees
or employees.
In no event shall seller be liable for amounts representing
indirect, special,
incidental, consequential,
or punitive damages, even if
advised of the possibility
of such damages.
Assignment.
This agreement and all rights, obligations and performance
hereunder may not be
assigned without prior
written consent of Seller.
Waiver.
No delay or omission by Seller to exercise any right or power
shall impair any such right
or power or be construed to
be a waiver thereof. A
waiver by Seller of any
term, condition or
agreements to be performed by Buyer or any breach thereof shall
not be construed to be a
waiver of any succeeding
breach thereof or of any
other term, condition or
agreement herein contained.
No change, waiver, or
discharge hereof shall be
valid unless presented in
writing to Seller and signed
by an authorized
representative of Seller.
Seller's Right to Change Terms and Conditions of Use or Site
Content
The Seller may at any time, add to, change or remove any part of
these Terms and Conditions
of Use, with or without
notice. Any changes to these
Terms and Conditions of Use
or any other terms posted on
this Site apply as soon as
they are posted. By
continuing to use this Site
after any changes are
posted, you are indicating
your acceptance of those
changes. The Seller may add,
change, discontinue, remove
or suspend any other Content
posted on this Site,
including features and
specifications of products
described or depicted on the
Site, temporarily or
permanently, at any time,
without notice and without
liability. You should visit
this page prior to each use
of the Site to determine the
current Terms and Conditions
of Use to which you are
bound.
Additional
Terms
Additional terms and conditions may apply to the purchase or use
of product, the product
itself, or other items
obtained from the Seller or
this Site, and you agree to
such terms and conditions.
Governing
Law
These Terms and Conditions of Use, and any claim relating to,
and the use of, this Site
and the materials contained
herein are governed by the
laws of the State of
California. You consent to
the exclusive jurisdiction
of the state and federal
courts located in the County
of Los Angeles.
Entire Agreement/Modification.
The parties intend this agreement to be the complete statement
of the terms of their
agreement. This agreement
replaces and supersedes any
prior agreements between
them with respect to the
subject matter hereof. No course of prior dealing or usage of trade shall be relevant
to amend or interpret this
agreement. This agreement
may not be changed modified
or amended except by an
instrument in writing signed
by Seller and Buyer.
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