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Terms and Conditions

 

Tequipment.NET, a division of InterWorld Highway, LLC ("Tequipment", or collectively "us," "we" or "our"), is the owner of the website http://www.Tequipment.NET (the "Site"). This document sets forth the terms and conditions (the "Terms of Use") with respect to the Site and incorporates by reference our privacy policy.

The Terms of Use apply only to the Site and do not apply to any websites that are linked to the Site. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Site. It is your obligation to review the Terms of Use from time to time. Any changes to the Terms of Use will be effective immediately upon our posting them to the Site, unless otherwise stated.

The Terms of Use apply only to the Site and do not apply to any websites that are linked to the Site. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Site. It is your obligation to review the Terms of Use from time to time. Any changes to the Terms of Use will be effective immediately upon our posting them to the Site, unless otherwise stated.

This Terms of Use govern your use of the Site and the information and services made available on and through the Site. If after reviewing the Terms of Use you have any questions or concerns regarding the contents thereof, please contact us using the email form located on the Contact Us page or by calling 1-732-222-7077.

More Information:

+ Termination of Access

The use of the Site and its services is a privilege. Users who violate this Terms of Use may be denied access to the Site and we reserve the right to suspend your use of the Site for any reason at any time, in our sole discretion.

+ Definitions

  1. Text - includes all text on every page of the Site, whether editorial, navigational, or instructional.
  2. Graphics - includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
  3. Design - includes the color combinations and the page layout of the Site.
  4. Programming - includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Site.
  5. You or Your - refers to the person accessing the Site and agreeing to this Terms of Use.
  6. Affiliates - refers to companies and divisions under the ownership of InterWorld Highway, LLC.

+ Acceptable Use of the Site

The Site and its services are intended to facilitate the offering for sale of major brands of test equipment such as Thermal Imaging Camera’s, Oscilloscopes, and Multimeters to name a few. A limited license is granted to you by us to view, download, and use a single copy of the Site solely for your personal, non-commercial use and only as an aid to shopping on the Site. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Site. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Site, unless you have our express written consent.

You may not collect listings of products, prices, descriptions, use any portion of the content in any derivative way, download, or copy information or other matter for use of any other party. You may not gather information and data on the Site from mining, robots or other extraction tools. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any users. Any unauthorized use terminates the permission or license granted by Tequipment, in addition to all rights at law or in equity.

+ Product Orders

Submission of Your Order. You understand that by submitting your order, you agree to abide by the Terms of Use. You also acknowledge that you have read, accept, and agree to abide by our Return Policies.

Acceptance of Your Order. You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. Tequipment and/or our Affiliates each reserve the right to decline your order at its sole discretion. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or if we need more information. If we decline your order, we will credit your credit card and/or otherwise refund any amount charged with respect to such order.

+ Intellectual Property

All content included on this site, including but not limited to Text, Graphics, Design, Programming, logos, button icons, images, data compilations and software, is the property of Tequipment or its content supplier and may protected by United States and international copyright and trademark laws. You are not authorized to make any use of such content except as otherwise allowed under this Terms of Use.

+ Product Descriptions and Pricing

Tequipment attempts to be as accurate as possible with regards to descriptions and pricing, but does not warrant that the product descriptions, pricing or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Tequipment itself is not as described, your sole remedy is to return it in unused condition. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

+ Security Rules

To ensure the security of the Site and of users, the following security rules govern your use:

Protect Your Password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to immediately notify us. We shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by the foregoing.

Prohibited Uses. You are prohibited from doing any of the following: (i) Accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; (iv) Sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) orging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. (vi) Submitting or inserting any malicious code to, or through the Site. Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

+ Security Rules

Security. We employ reasonable procedural and technical safeguards to secure your sensitive personally identifiable information against loss, theft, alteration, and unauthorized access, use and disclosure. Please refer to the "Security" section of our Privacy Policy for more information. Regardless of the precautions taken by us, we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

What You Can Do To Protect Your Information. i) Use only secure websites when disclosing your sensitive information. Secure pages begin with "https". (ii) Avoid using easy to figure out access and personal ID (PIN) codes. (iii) Never respond to unsolicited requests for your social security number or financial information. (iv) Do not disclose your passwords to the Site or your account information to any other person. (v) Be sure to log off and close the browser when finished using a shared computer.

Hypertext Links. The Site may contain hyperlinks or "links" to websites owned and operated by our affiliates, our affiliate’s approved licensees, and others. We are not responsible for the privacy and security practices of others once you leave our Site. If you provide any information to parties who operate websites that are linked to or from this Site, different rules may apply to their collection, use or disclosure of your personally identifiable information. We encourage you to review other websites' or advertisers’ policies before revealing any sensitive or personal information. Under no circumstances shall we and/or our Affiliates have any liability whatsoever for the activities conducted by or at any website accessed from or through the Site.

+ Disclaimer of Warranties and Limitations of Liability

Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Site. Your use of the Site, and the obligations and liabilities of us in respect of your use of the Site, is expressly limited as follows:

Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

WE MAKE NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. YOU MUST NOTIFY US WITHIN 15 DAYS FROM DATE OF SHIPMENT OF ANY DEFECTIVE PRODUCT PER OUR REFUND POLICY. THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE SPECIFICALLY EXCLUDED AND SHALL NOT APPLY. YOUR OBLIGATIONS AND OUR REMEDIES WITH RESPECT TO DEFECTIVE OR NONCONFORMING PRODUCTS, ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN. FURTHERMORE, NO WARRANTY WILL APPLY IF THE PRODUCT HAS BEEN SUBJECT TO MISUSE, STATIC DISCHARGE, NEGLECT, ACCIDENT, MODIFICATION, OR HAS BEEN SOLDERED OR ALTERED IN ANY WAY.

Limitation of Liability. IN NO EVENT SHALL WE OR OUR AFFILIATES AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE AND/OR OUR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF PROFIT OR REVENUE, RECALL COSTS, CLAIMS FOR SERVICE INTERRUPTIONS OR FAILURE, INSTALLATION OR REMOVAL COSTS, COSTS OF SUBSTITUTE PRODUCTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH OR LEGAL EXPENSES, RESULTING FROM THE SALE OR USE OF ANY MERCHANDISE BOUGHT FROM US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND/OR OUR AFFILIATE’S (SEVERALLY AND NOT JOINTLY) MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR U.S. $100.00 WITH SUCH REMEDIES BEING EXCLUSIVE AND IN LIEU OF ALL OTHERS.

Indemnification. You agree to indemnify, defend and hold us and/or our Affiliates, as the case may be, harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorney’s fees and costs of suit, arising out of your breach of this Terms of Use or regarding products supplied by us and incorporated into the customer's product.

+ Miscellaneous

The Terms of Use for the Site constitute the entire understanding between us, our Affiliates, and you with respect to the use of the Site. We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms of Use shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules, and you hereby submit to the personal jurisdiction of the federal and state courts located in the State of New Jersey. No waiver by us or our Affiliates of any breach or default under the Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use is found to be unenforceable for any reason, than such provision shall be deemed severable from the Terms of Use, and shall not affect the validity and enforceability of any remaining provisions.

IF YOU ARE A COLORADO RESIDENT, THE STATE OF COLORADO MAY REQUIRE YOU TO PAY A SALES OR USE TAX ON YOUR PURCHASE AND TO FILE A SALES OR USE TAX RETURN.

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