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TERMS OF
SALE
PRIVACY POLICY
RETURN POLICY
DISCLAIMER
Acceptance of Contract
Terms The
following are terms of a legal agreement between you and USAutodialer. By accessing, browsing and/or using this
site ("Site"), you acknowledge that you have read, understood, and
agree, to be bound by these terms and to comply with all applicable
laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to these terms, do not use
this Site. The material provided on this Site is protected by law,
including, but not limited to,
United
States
Copyright Law and
international treaties. This Site is controlled and operated
by USAutodialer from its offices within the United
States. USAutodialer makes no representation that materials in
the Site are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for
compliance with applicable local laws. Any claim relating to, and
the use of, this Site and the materials contained herein is governed
by the laws of the state of South
Carolina.
Use
Restrictions
The copyright in all material
provided on this site is held by USAutodialer or by the
original creator of the material. Except as stated herein, none of
the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written
permission of USAutodialer or the copyright owner.
Permission is granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all
copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy
any downloaded and printed materials. You also may not, without USAutodialer permission, "mirror" any material contained on
this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations
and statutes.
U.S. Government Restricted Rights
The
materials on this Site are provided with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the Government is subject to
restrictions as set forth in applicable laws and regulations. Use of
the materials by the Government constitutes acknowledgment of USAutodialer proprietary rights in them. A partial list of
U.S.
Trademarks owned by USAutodialer follows. Any questions
concerning the use of these Trademarks or whether a Trademark that
does not appear on this list is a Trademark of USAutodialer
should be referred to USAutodialer at
803-748-8488. The Trademarks followed by an asterisk (*) are
registered trademarks of USAutodialer.
The USAutodialer Trademarks and Servicemarks
Limitation
of Liability
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
USAUTODIALERS BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF USAUTODIALERS OR A AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU
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TERMS OF SALEPLEASE
READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE
RESOLUTION CLAUSE.
This Agreement contains the terms
and conditions that apply to purchases from USAutodialer
entity named on the invoice ( "USAutodialer" )
that will be provided to you ( "Customer" ) on orders for computer
systems and/or related products sold in the United States. You agree
to be bound by and accept this agreement as applicable to your
purchase of product(s) or service(s) from USAutodialer.
By accepting delivery of the computer systems and/or other products
described on that invoice, Customer agrees to be bound by and
accepts these terms and conditions.
THESE TERMS AND CONDITIONS
APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE
AGREEMENT WITH USAUTODIALERS, IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER USAUTODIALERS
STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and
conditions are subject to change without prior written notice at any
time, at USAutodialer sole
discretion.
1. Other Documents. Other than
as specifically provided in any separate formal purchase agreement
between Customer and USAutodialer, these terms and
conditions may NOT be altered, supplemented, or amended by the use
of any other document(s). Any attempt to alter, supplement or amend
this document or to enter an order for product(s) which is subject
to additional or altered terms and conditions will be null and void,
unless otherwise agreed to in a written agreement signed by both
Customer and USAutodialer.
2. Governing
Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF
SOUTH
CAROLINA,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3.
Payment Terms; Orders; Quotes; Interest. Terms of payment
are within USAutodialer's sole discretion,
and unless otherwise agreed to by USAutodialer, payment
must be received by USAutodialer prior
to USAutodialer acceptance of an order.
Payment for the products will be made by credit card, or some other
prearranged payment method unless credit terms have been agreed to
by USAutodialer. Invoices are due and payable within
the time period stated on the invoice, measured from the date of the
invoice. USAutodialer may invoice parts of an
order separately. Orders are not binding upon USAutodialer until accepted by USAutodialer. Any
quotations given by USAutodialer will be valid for the
period stated on the quotation. Customer agrees to pay interest on
all past-due sums at the highest rate allowed by
law.
4. Shipping Charges; Taxes. Separate
charges for shipping and handling will be shown on USAutodialer
invoice(s). Unless Customer provides USAutodialer
with a valid and correct tax exemption certificate
applicable to the product ship-to location prior to USAutodialer acceptance of the order, the Customer is
responsible for sales and all other taxes associated with the order,
however designated, except for USAutodialer franchise
taxes and taxes on USAutodialer net income. If
applicable, a separate charge for taxes will be shown on USAutodialer invoice.
5. Title; Risk of Loss. Title to products passes from USAutodialer to
Customer on shipment from USAutodialer facility. Loss
or damage that occurs during shipping by a carrier selected by USAutodialer is USAutodialer responsibility.
Loss or damage that occurs during shipping by a carrier selected by
Customer is Customer's responsibility. Title to software will remain
with the applicable licensor(s).
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO THE USAUTODIALERS
PRODUCTS ARE INCLUDED IN THE DOCUMENTATION. USAUTODIALERS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED
IN USAUTODIALERS' APPLICABLE WARRANTY STATEMENT IN
EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE
EFFECTIVE, AND USAUTODIALERS WILL BE OBLIGATED TO HONOR
ANY SUCH WARRANTIES, ONLY UPON USAUTODIALERS RECEIPT
OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
7.
Return Policies. Systems and parts that are purchased
directly from USAutodialer by an end-user Customer may
be returned by Customer in accordance with USAutodialer's
"Return Policy" in effect on the date of the invoice. All Returns
must have a Returns Material Authorization (RMA) number to be
processed per the USAutodialer "Return
Policy".
8. Exchanges. From time to time,
USAutodialer may, in its sole discretion, exchange
products or portions of a product. Any exchanges will be made in
accordance with USAutodialer's exchange policies in
effect on the date of the exchange.
9. Products.
USAutodialer's policy is one of ongoing product
update and revision. USAutodialer may revise and
discontinue products at any time. USAutodialer will
ship products that have the functionality and performance of the
products ordered, but changes between what is shipped and what is
described in a specification sheet or catalog are possible. The
parts and assemblies used in building USAutodialer
products are selected from new and equivalent-to-new parts and
assemblies in accordance with industry practices. Spare parts may be
new or reconditioned.
10. Limitation of
Liability.
DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET
FORTH
HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR
USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. USAUTODIALERS
WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR
OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES
THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, USAUTODIALERS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
11. Binding
Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND
EQUITABLE CLAIMS) AGAINST, USAUTODIALERS its agents,
employees, successors, assigns or affiliates (collectively for
purposes of this paragraph, "USAutodialer") arising
from or relating to this Agreement, its interpretation, or the
breach, termination or validity thereof, the relationships which
result from this Agreement (including, to the full extent permitted
by applicable law, relationships with third parties who are not
signatories to this Agreement), USAutodialer
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under its Code of Procedure then in effect
(available via the Internet at
http://www.arb-forum.comhttp://www.arb-forum.com/ , or via telephone
at 1-800-474-2371). The arbitration will be limited solely to the
dispute or controversy between Customer and USAutodialer. Any award of the arbitrator(s) shall be final and binding
on each of the parties, and may be entered as a judgment in any
court of competent jurisdiction. Information may be obtained and
claims may be filed with the NAF at
P.O.
Box 50191,
Minneapolis,
MN
55405
.
PROVIDED, HOWEVER, THAT THIS BINDING ARBITRATION REQUIREMENT DOES
NOT APPLY TO CLAIMS AGAINST USAUTODIALERS ARISING UNDER
THE APPLICABLE WRITTEN WARRANTY. SUCH CLAIMS MAY BE PURSUED IN ANY
COURT OF COMPETENT JURISDICTION.
12. Applicable Law;
Not For Resale. Customer agrees to comply with all
applicable laws and regulations of the various states and of the United
States.
Customer agrees and represents that it is buying for its own
internal use only, and not for resale. USAutodialer has
separate terms and conditions governing re-sales.
13.
Service and Support. USAutodialer endeavors to
provide the best customer and technical telephone support in the
personal computer industry. For end-user Customers, USAutodialer promises that its support people will attempt to
handle over the telephone any problem involving products sold by USAutodialer. However, USAutodialer support
people may not be able to understand or resolve any given problem
and Service offerings may vary from product to product. USAutodialer has no obligation to provide service or support
until USAutodialer has received full payment for the
product or service/support contract for which service or support is
requested. USAutodialer will make on-site service
available to Customer in the
United
States
in accordance with the then-current terms and conditions set by USAutodialer and/or the third-party service
provider.
14. Headings. The section headings
used herein are for convenience of reference only and do not form a
part of these terms and conditions, and no construction or inference
shall be derived therefrom.
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PRIVACY
POLICY
USAutodialer and its subsidiaries are committed to
respecting and protecting your privacy. We've structured our web
sites so that, in general, you can visit USAutodialer
on the Web without identifying yourself or revealing any personal
information.
Once you choose to provide us personally
identifiable information (any information by which you can be
identified), you can be assured that it will only be used to support
your customer relationship with USAutodialer.
Awareness
USAutodialer provides this
Online Privacy Statement to make you aware of our privacy policy,
practices and of the choices you can make about the way your
information is collected and used. To make this notice easy to find,
we make it available on our homepage and from the bottom of every
USAutodialer.com, its subsidiaries' and affiliates' web
pages.
What we
collect
On some USAutodialer
web pages, you can order products, make requests, and register to
receive materials. The types of personal information collected at
these pages are name, contact and billing information, transaction,
and credit card information. On the e-file, you supply the personal
and business contact information you choose. In order to tailor our
subsequent communications to you and continuously improve our
products and services (including registration), we may also ask you
to provide us with information regarding your personal or
professional interests, demographics, experience with our products,
and more detailed contact preferences. Some electronic newsletters
record anonymous data about articles you have expressed interest in.
Some usautodialer.com web pages use cookies, a data analysis
technique.
How we use
it
USAutodialer uses your
information to better understand your needs and provide you with
better service. Specifically, we use your information to help you
complete a transaction, to communicate back to you, to update you on
service and benefits, and to personalize our web sites for you.
Credit card numbers are used only for payment processing, fraud
protection, and are not retained for other purposes. From time to
time, we may also use your information to contact you for market
research or to provide you with marketing information we think would
be of particular interest. At a minimum, we will always give you the
opportunity to opt out of receiving such direct marketing or market
research contact. We will also follow local requirements, such as
allowing you to opt in before receiving unsolicited contact, where
applicable.
Who we
Share it with
USAutodialer will
not sell, rent, or lease your personally identifiable information to
others. Unless we have your permission or are required by law, we
will only share the personal data you provide online with other USAutodialer entities and/or business partners who are
acting on our behalf for the uses described in "how we use it". Such
USAutodialer entities and/or business partners,
including those in the
United
States
and/or any other countries, are governed by our privacy policies
with respect to the use of this data and are bound by the
appropriate confidentiality agreements.
Children's
Privacy Protection
USAutodialer
takes special care to protect the privacy needs of children under
the age of 13 and encourages parents to be an active participant in
their child's online activities and interests. We abide by the
Children's Online Privacy Protection Act (COPPA) requirements. The
vast majority of USAutodialer web sites do not target
and are not intended for children under the age of 13. USAutodialer's web sites that do not target children will not
knowingly collect data from them. If we discover personal data from
a child through an adult oriented site, we will eliminate that
data.
USAutodialer will not use or share the
personally identifiable information provided to us online in ways
unrelated to the ones described above without first letting you know
and offering you a choice. As previously stated, we will also
provide you the opportunity to let us know if you do not wish to
receive unsolicited direct marketing materials from us and we will
do everything we can to honor such requests. Local country laws and
policies are applied where they differ from those in the
U.S.
Your permission is always secured first, should we ever share your
information with third parties that are not acting on our behalf and
governed by our privacy policy.
Accuracy
& Access
USAutodialer
strives to keep your personally identifiable information accurate.
We will provide you with access to your information, including
making every effort to provide you with online access to your
registration data so that you may view, update or correct your
information at the USAutodialer site where it was
submitted. To protect your privacy and security, we will also take
reasonable steps to verify your identity before granting you access
or enabling you to make corrections. To access your personally
identifiable information, return to the web page where you
originally entered it and follow the instructions on that web page.
To opt-out of USAutodialer contact, provide your name,
email and/or address and relevant information about subscriptions or
registrations you may have with USAutodialer. This
opt-out will cancel all marketing and support communication and
newsletters, including software driver subscriptions. Certain areas
of USAutodialer's web sites may limit access to specific
individuals through the use of passwords and through providing
personally data.
Links to third party web sites on the site
are provided solely as a convenience to you. If you use these links,
you will leave the USAutodialer' site. USAutodialer
has not reviewed all of these third party sites and does not
control and is not responsible for any of these sites, their content
or their privacy policy. Thus, USAutodialer does not
endorse or make any representations about them, or any information,
software or other products or materials found there, or any results
that may be obtained from using them. If you decide to access any of
the third party sites linked to this site, you do so at your own
risk.
Security
USAutodialer is committed to
ensuring the security of your information. To prevent unauthorized
access or disclosure, maintain data accuracy, and ensure the
appropriate use of information, we have put in place appropriate
physical, electronic, and managerial procedures to safeguard and
secure the information we collect online. We use encryption when
collecting or transferring sensitive data such as credit card
information. Preventing credit card fraud is important to protect
your personal financial data security. As part of real-time payment
processing, USAutodialer subscribes to a Fraud Risk
Management Service. The Service gives you and USAutodialer an extra level of protection to guard against credit card
fraud. The secure data transfer and validation process between the
Service and USAutodialer is bound by contractual and
confidentiality agreements.
RETURN
POLICY
We at USAutodialer
try to keep costs down so that we can offer our customers the
best prices. So please do your research before you buy. USAutodialer's staff will be happy to share any information we have on
any product to help you make an informed decision. All defective
products must be returned within 72 hours. To send a damaged or
defective item back you must call USAutodialer at 803-749-8488 to
obtain a return authorization number. If the product is damaged from
shipping, you must notify FEDEX immediately to submit a damage claim
and contact USAutodialer within 24 hours. If the
product is defective we will pay to have FEDEX pick the item up. If
the product is damaged from shipping, you must notify FEDEX
immediately to submit a damage claim and contact USAutodialer within 24 hours.The return authorization number must be
written on the outside of the shipping carton. All returned products
must be conspicuously labeled with the assigned RMA number and be
accompanied by a copy of the original invoice. Unauthorized returns
will be refused and will be returned to the sender at his or her
expense. The purchaser is responsible for all shipping costs,
including initial freight, on merchandise returned to
usautodialer.com for exchange or warranty repairs. We will replace
any defective items returned to us. We will only issue
refunds on new software that a key code HAS NOT been issued
for. Once
a key code is issued, no software can be returned or refunded.
We guarantee and will offer the 30 day money-back on all new
merchandise, but any used system, custom system, recertified system,
custom software, custom scripts, rebuilding of hard drives, custom
installation of the customer's computer with software,
hardware, may not be returned except for repairs/replacement.
New
Dialogic Boards come with a lifetime warranty with Dialogic and user
must go to Dialogic's Technical support website at http://www.intel.com/support/motherboards/draform.htm to
request a RMA number from Dialogic for returns and repairs. All
Recertified Dialogic Boards carry a (1) one year replacement if
defective.
USAutodialer cannot accept exchange items unless they are
defective. Items that are returned more than 30 days after delivery,
are in un-sellable condition, or have missing parts may be charge a
restocking fee. Returns due to a lack of technical understanding or
interest in getting an item to work properly will be subject to
a 25 % restocking fee, with no exceptions
The
SalesStationPro™, and
Winlead™ Autodialer Software has been installed on over 10,000
computers worldwide.
* Free Shipping is limited to the Continental
US only.
Disclaimer
National, Federal and State Law may impose restrictions on the
ability to solicit by telephone or facsimile. Laws vary from
jurisdiction to jurisdiction and a violation of such laws may result
in significant penalties and other sanctions. USAutodialer
accepts no liability whatsoever for your using software products
contrary to the laws and regulations in force in your area of
operation of the software.
Any person intending to use USAutodialer
products for solicitation purposes should consult with their own
counsel to determine the extent, if any, of permissible solicitation
activities. We recommend you seek technical advice to ensure
the software product is configured in such a way as to ensure
it complies with the relevant laws in your area of operation.
By using the software products you agree to
comply with national, local, state, and federal laws, and you
acknowledge that compliance with such laws may limit your use of the
Product for certain applications, including, but not limited to
direct marketing and telemarketing applications. Under no
circumstances will USAutodialer, the producers or their
authorized distributors be liable in any way for any violation of
applicable laws in the jurisdiction/s where you operate the USAutodialers software products.
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