Disclaimer |
Terms
and Conditions |
Your use
of the SoftmartOnline.com website is governed by the policies,
terms, and conditions set forth below. Please read them carefully.
By using this site or submitting an order for software or other
products or services to SoftmartOnline.com, you indicate your
acceptance of, and agreement to be bound by, the terms and conditions
set forth below (also referred to as this "Agreement"). If you
do not agree to these terms and conditions, please do not use
this site and do not submit any orders for software, other products,
or services on this site.
This Agreement shall supercede any prior or subsequent terms
or conditions included with any communications, agreement, purchase
order, or invoice, whether or not such terms or conditions are
signed by SoftmartOnline.com.
SoftmartOnline.com reserves the right to make changes to this
site and to these terms and conditions at any time. Any such
modifications will become effective upon the date they are first
posted to this site. |
Software
and Other Products or Services Ordered through SOFTMARTONLINE.com |
The software
products available for order through SOFTMARTONLINE.com (the
"Software") are distributed on behalf of various publishers
("Publishers") who own or have the rights to provide the software
to you. The Software that you order through SOFTMARTONLINE.com
is subject to the terms and conditions of the end-user license
agreement accompanying such Software (the "End-User License")
between you and the Publisher. Except for the 30 day return policy
provided by SOFTMARTONLINE.com (the "SOFTMARTONLINE.COM
Return Policy"),
all of your rights and remedies with respect to your order,
purchase, possession, and use of the Software are governed by
the End-User License. All maintenance, update, warranty, liability,
and any other obligations related to the Software ("Software
Obligations"), if any, shall be as provided for in the End-User
License, or, if applicable, in accordance with Publishers' policies
and procedures. SOFTMARTONLINE.com is not responsible for any
Software Obligations, and the customer shall have no right of
recourse against SOFTMARTONLINE.com for any Software Obligations.
All recourse and remedy, if any, for the Software Obligations
shall be with the Publisher in accordance with the End-User
License, or, if applicable, its policies and procedures.
All other products and services available for order through
SOFTMARTONLINE.com, besides the Software (the "Other Products")
are distributed on behalf of third-party suppliers ("Suppliers"),
unless otherwise indicated. Except for the SOFTMARTONLINE Return
Policy, all of your rights and remedies with respect to your
order, purchase, possession, and use of the Other Products and
all maintenance, update, warranty, liability, and any other
obligations related to the Other Products, if any, shall be
governed by the applicable policies and procedures of the Suppliers.
SOFTMARTONLINE.com is not responsible for any of the foregoing
obligations, and customer shall have no right of recourse against
SOFTMARTONLINE.com for any such obligations.
SOFTMARTONLINE.com reserves the right to make adjustments in
its discretion to any price, product or offer due to market
conditions, product discontinuations, manufacturer price changes,
errors in advertisements, product descriptions or any other
circumstance.
SOFTMARTONLINE.com reserve the right to limit quantities on
any items.
SOFTMARTONLINE.com endeavors to include the most accurate information
possible on its website, but SOFTMARTONLINE.com will not be
liable for any errors, typographical or photographic or otherwise,
for product information, pricing or other content, that may
appear on this web site or third party web sites that display
information about SOFTMARTONLINE.com offers. |
Site
Content and Information
SOFTMARTONLINE.com's website contains information, advice, text,
and other materials ("SOFTMARTONLINE.COM Information") that are
provided for your convenience and enjoyment. You should be aware
that the SOFTMARTONLINE Information may contain errors, omissions,
inaccuracies, or outdated information. SOFTMARTONLINE.com makes
no representations or warranties as to the completeness, accuracy,
adequacy, currency, or reliability of any SOFTMARTONLINE.COM Information
and shall not be liable for any lack of the foregoing. Descriptions
of, or references to, products or publications within the SOFTMARTONLINE.com
site does not imply endorsement of that product or publication.
SOFTMARTONLINE.com is not engaged in rendering legal, accounting,
or other similar advice or professional services. If legal advice
or other expert assistance is required, the services of a competent
professional should be sought.
Disclaimer and Limitation of Liability
SOFTMARTONLINE.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SOFTWARE,
THE SOFTMARTONLINE INFORMATION, OTHER PRODUCTS, SERVICES, OR
MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE SOFTMARTONLINE.COM
SITES OR YOUR USE OF THE SOFTMARTONLINE.COM SITES GENERALLY.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOFTMARTONLINE.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY
KIND, WITH RESPECT TO THE SOFTWARE, THE SOFTMARTONLINE INFORMATION,
OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED
ON THE SOFTMARTONLINE.COM SITES OR YOUR USE OF THE SOFTMARTONLINE.COM
SITES GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS
LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S
LAW IS APPLICABLE TO THIS AGREEMENT.
YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE SOFTMARTONLINE.COM
RETURN POLICY, SOFTMARTONLINE.COM, ITS DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES ("SERVICE
PROVIDERS") SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE
OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION
OR USE OF THE SOFTWARE, ANY SOFTWARE OBLIGATIONS OR ANY ACTION
OR INACTION OF ANY PUBLISHERS OF THE SOFTWARE, REGARDLESS OF
WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, SHALL SOFTMARTONLINE.COM OR ANY OF ITS SERVICE
PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION,
LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION
OF BUSINESS), WITH RESPECT TO THE SOFTWARE, THE SOFTMARTONLINE
INFORMATION, OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED,
SOLD, OR DISPLAYED ON THE SOFTMARTONLINE.COM SITES, YOUR USE
OF THE SOFTMARTONLINE.COM SITES GENERALLY, OR OTHERWISE IN CONNECTION
WITH THIS AGREEMENT, REGARDLESS OF WHETHER SOFTMARTONLINE.COM
OR ANY OF ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE
MAXIMUM LIABILITY OF SOFTMARTONLINE.COM AND ITS SERVICE PROVIDERS
TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR
THE SOFTWARE, OR OTHER PRODUCTS OR SERVICES YOU HAVE ORDERED
THROUGH THE SOFTMARTONLINE.COM SITES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO
THIS AGREEMENT.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation
does not signify SOFTMARTONLINE.com's acceptance of your order,
nor does it constitute confirmation of our offer to sell. SOFTMARTONLINE.COM
reserves the right at any time after receipt of your order to
accept, decline, or limit your order for any reason, whether
or not your credit card has been charged. If your credit card
has been charged and your order is canceled you will receive
a prompt refund credit to your account. SOFTMARTONLINE.COM reserves
the right at any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered
of any item. All orders placed over $2000.00 (U.S.) must obtain
pre-approval with an acceptable method of payment, as established
by our credit and fraud avoidance department. We may require
additional verifications or information before accepting any
order. SOFTMARTONLINE.COM is a reseller to end user customers
and does not accept orders from computer dealers, exporters,
wholesalers, or other customers who intend to resell the products
offered by SOFTMARTONLINE.COM. Price and availability of Software
and other products and services offered on the SOFTMARTONLINE.com
sites are subject to change without prior notice. To the extent
we provide information on availability of Software or other
products, you should not rely on such information. SOFTMARTONLINE.com
will not be liable for any lack of availability of Software
or other products you may order through SOFTMARTONLINE.com.
Privacy Policy
SOFTMARTONLINE.com is committed to protecting your privacy.
To make your shopping experience more convenient, we gather
information from you. We maintain the privacy of your information
using security technologies and adhere to policies that prevent
unauthorized use of your personal information.
What information does SOFTMARTONLINE.com collect and how is
it used?
To process and fulfill your order, we need to know your name,
email address, mailing address, credit card number, and expiration
date. After giving us this information, you can use our Quick
Buy feature, which saves you from completing the order form
more than once.
We might request additional information from you in the future.
You may choose not to provide this information; although, some
products and services might not be available to you unless you
provide the additional information. We might also ask for information
about your interests or for feedback about our site so that
we can tailor your shopping experience to improve our site and
service. Providing us with this information is always optional.
When you submit a customer review, we ask for your email address
so other customers have additional information about who wrote
the review. You can choose not to have your email address display
with your review.
In addition to the information we collect directly from you,
we also monitor and track usage of our website, viewing and
traffic patterns, customer behavior, and other similar information.
We compile this information into a statistical aggregate. We
use this aggregate information as well as all of your personal
information for internal business and administrative purposes
including to improve our website, our product and service offerings,
our operations, and our customer service. We also might use
your personal information from time to time to send you notices
about special offers, new products, services, promotions, and
other similar information.
How does SOFTMARTONLINE.com protect
customer information?
When you place orders or access your account information, we
offer the use of a secure server that encrypts all your personal
information before it is sent to us to prevent unauthorized
access to your information. We also offer the option of placing
a credit card order over the phone.
SOFTMARTONLINE.com Privacy Policy
Changes
If we decide to change our privacy policy, we will post these
changes here so that you will always know what information we
gather, how we might use that information, and whether we will
disclose it to anyone.
SOFTMARTONLINE.com is a division of Softmart Solutions.
If you have further questions regarding our privacy policies,
please send email to info@softmartonline.com
|
|
|