User Agreement
Regarding Information
The use of
this site, and the terms and conditions for our providing information, is
governed by our Disclaimer. By
using this site, you acknowledge that you have read the Disclaimer
and that you accept and will be bound by the terms thereof.
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,”
“AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE
INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR
ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER
FOR THE INFORMATION RECEIVED (IF ANY).
WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE). WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE
LIMITATIONS OF DAMAGES ET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU.
WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH
LIMITATIONS. NO
REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE
ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR
APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses
contained within the electronic files of this site are disclaimed.
Regarding
Hyperlinks
This site contains links to other Internet sites.
Such links are not endorsements of any products or services in such
sites, and no information in such site has been endorsed or approved by
CopBiz.com or APTAC Corporation.
Online
Purchase Contract
The following is the terms of the agreement between
CopBiz.com / APTAC Corporation (“Company”) and the buyer (“Buyer”)
of goods or services through the Company’s Web site (the “Site”). If you do not agree to these terms, you will not be able to
purchase anything, so please review these terms carefully:
1. Introduction. Buyer
agrees to the terms and conditions outlined in this Online Contract
("Contract") with respect to the goods, services and information
provided by or through the Site. This
Contract constitutes the entire and only agreement between the Company and
Buyer, and supersedes any and all prior or contemporaneous agreements,
representations, warranties, and understandings with respect to the goods,
services and information provided by or through the Site, and the subject
matter of this Contract. Buyer agrees to review this Contract prior to purchasing
anything and purchase of a good or service shall be deemed acceptance of
this Contract.
2.
Setup and Payment. Buyer
represents and warrants that (i) the credit card information supplied is
true, correct and complete and (ii) charges incurred by the Buyer will be
honored by the Buyer's credit card company and (iii) Buyer shall pay
charges incurred by Buyer at the amounts in effect at the time incurred,
including all applicable taxes. Buyer
shall be responsible for all charges incurred through use of Buyer's
password. Buyer agrees to
keep his or her password confidential and to notify Company within 24
hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of
Buyer's password.
3.
Copyright. The
content, organization, gathering, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks, and other proprietary (including
but not limited to intellectual property) rights, and, the copying,
redistribution, use or publication by a Buyer of any such content or any
part of the Site is prohibited.
4.
Editing, Deleting, and Modification.
Company reserves the right in its sole discretion to edit or delete
any information or content appearing on the Site and to remove any goods
and services for sale. Upon
notice published over the Service, Company may modify this Contract, or
prices, and may discontinue or revise any or all aspects of the Site in
its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon
publication on the Site with respect to transactions occurring after said
date.
5.
Right to Refuse. Company
reserves the right in its sole discretion to refuse service at any time.
Sale of any goods or services is subject to availability.
6.
Indemnification. Buyer
agrees to indemnify, defend and hold Company and its affiliates, licensors
and suppliers harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to a Buyer's violation of
this Contract or use of the Site.
7.
Non-Transferable. Buyer's
right to use the Service is not transferable and is subject to any limits
established by Company or by Buyer's credit card company.
8.
Disclaimer. THE
SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE SOLE
AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE
AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE
AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY
AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. SOME
STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
9.
Refund Policy. If
a product purchased is defective or not to Buyer’s satisfaction, Buyer
can return the product in its original condition within 21 days of
receipt, to the following address: P.O.
Box 53, Acton CA 93510.
In such event, Company shall provide Buyer a credit for other
purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right
to refund.
10.
Use of Information. Company
reserves the right, and Buyer authorizes Company, to the use and
assignment of all information regarding Buyer’s use of the Site and all
information provided by Buyer, subject to applicable law.
Miscellaneous.
This Contract shall be treated as though it were executed and
performed in Los Angeles, California, and shall be governed by and
construed in accordance with the laws of the United States of America and
of the State of California (without regard to conflict of law principles).
Any cause of action of Buyer with respect to the Site must be
instituted within six (6) months after any purchase or be forever waived
and barred.
All actions shall be subject to the limitations set forth in
Section 8.
The language in this Contract shall be interpreted as to its fair
meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this
Contract shall be brought solely in Los Angeles, California, and Buyer
expressly submits to the jurisdiction of said courts and Buyer consents to
extra-territorial service of process.
Should any part of this Contract be held invalid or unenforceable,
that portion shall be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties and the
remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site or the
Company is in conflict or inconsistent with this Contract, this Contract
shall take precedence.
Failure of Company to enforce any provision of this Contract shall
not be deemed a waiver of such provision nor of the right to enforce such
provision.