Terms and Conditions

By accessing this website, you agree to these terms and conditions, as modified or amended from time to time. Each time you access this Site, you reconfirm your agreement. If you do not agree to these terms and conditions, you may elect not to access this Site. This Agreement is effective upon your purchase of a product from this Telecommunications Export Company, dba TelecomEx. Information may be changed or updated without notice. TelecomEx may also make improvements and/or changes in and to the products or the product mix described herein at any time without notice. TelecomEx assumes no responsibility regarding the accuracy of the information that is supplied or provided by third parties governing products and/or programs described herein and use of such information is at the recipient's own risk. By furnishing information, TelecomEx does not grant any licenses to any copyrights, patents or any other intellectual property rights.

TelecomEx does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to TelecomEx will be deemed NOT to be confidential. By sending TelecomEx any information or material, you grant TelecomEx an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and/or information, and you also agree that TelecomEx is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or (c) we are required to do so by law.

IN NO EVENT WILL TelecomEx BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS website, OR ON ANY OTHER HYPER LINKED website, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY TelecomEx ON AN "AS IS" BASIS ONLY. TelecomEx PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT

Terms and Conditions of website Usage The following terms govern your purchase of products from TelecomEx through our website. Please read them carefully. If you use this website to purchase products through our system, this will indicate your acceptance of the terms below.

Terms of Website usage:
1. You may view product information and your transactional history for your own purposes; however, any other use such as further publication, transmission or distribution is not permitted. Information contained herein is both private and confidential and proprietary trade secret data. Transactional records are updated daily or as needed depending upon activity and may change after viewing.
2. We are not liable for any incidental or consequential damages related in any way to your use of this ordering website.
3. We are not responsible for the accuracy, completeness, reliability, content or availability of any information you may access under this website.
4. These rules and the following terms are the complete and exclusive agreement we have with you regarding your acquisition of products using this ordering website. We may modify the rules or terms of this website at any time without notice to you. If you return to this website and do not agree with any such modification, you must immediately terminate your use of this website. Continued use of this website will constitute your acceptance of any such modifications.
5. You must be eighteen years of age or older to use this website to order products. You are responsible for restricting use of this website by persons under the age of eighteen.
6. All final purchases are dependent upon product availability. Display of a product or a submitted and accepted order for a product does not guarantee order fulfillment. In the event a product goes out of stock prior to order receipt and processing, a product of similar or slightly higher technical specifications may, at our option, be provided as a replacement. Otherwise, we will contact you and advise you of a stock outage.

Security:
You must enter a valid user ID and Password ("Access Codes") to access secure areas of this website. It is your sole responsibility to monitor use of these Access Codes for all purposes, including, but not limited to, order entry and purchases. You accept all responsibility for the security of your Access Codes, and utilization of the website via the Access Codes. You have the ability to modify your password at any time. We recommend that you modify your password regularly. Notify us immediately if you wish to terminate your master user ID and password or have your Access Codes reissued. Do not disclose your Access Codes to anyone not authorized to act on your behalf.

Copyright/Intellectual Property
This entire World Wide website is copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. Users of the site MAY download or print one copy of any and all materials on the site for personal, non-commercial use, provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All material on this site is provided for lawful purposes only. None of the information on this site may be copied, distributed or transmitted in any way for commercial use without the express written consent of TelecomEx. TelecomEx reserves full ownership of and intellectual property rights in any materials downloaded from this site.

Cookies:
Access to TelecomEx's website requires the use of per session cookies by your Web browser. The cookie option in the browser must be set to "accept" or "prompt to accept cookies" in order to proceed. If the Save User ID and Password check box is cleared, the cookie is stored in memory only. After the browser window closes, the cookie is gone. If the Save User ID and Password check box is selected, the cookie is saved on your hard drive. Terms and Conditions of Sale These terms govern the acquisition of products from TelecomEx using our website and supersedes any prior oral or written communications the extent they conflict with terms and conditions stated herein. Prior written agreements to the extent not in conflict shall remain in effect

Payment; Taxes; and Shipping:
Payment by TelecomEx customers may be by pre-approved credit arrangements. You are responsible for payment and must pay any taxes resulting from this Agreement. You are also responsible for selecting the method of shipment and for all shipping charges.

Title and Risk of Loss:
Title transfers to you when TelecomEx ships the product. You bear the risk of loss for the product once the product is shipped from the TelecomEx location.

Warranty; Disclaimers; Limitation of Remedies:
TelecomEx represents and warrants that upon the sale of a product to you, TelecomEx will be the lawful owner thereof, free and clear of any liens and encumbrances (other than those which may arise from this Agreement) and will have full right, power, and authority to sell, deliver or provide the same to you.

New Products:
Products sold under this Agreement carry the original equipment manufacturer's ("OEM") standard new product warranty and are warranted to be free from defects in material and workmanship and to operate in accordance with the standard specifications or documentation accompanying each product. If a product fails to operate during the warranty period, you must immediately notify TelecomEx, who at it's option, will replace or repair the product per the current warranty terms.

This warranty does not cover repair for damages to products or product components or malfunctions caused by: (i) misuse, neglect, power failures or surges, lightning, fire, flood or accident; (ii) use of products or facilities supplied by others; (iii) failure to follow installation, operation or maintenance instructions.

THE EXPRESS WARRANTIES HEREIN CONTAINED ARE IN LIEU OF ANY AND ALL OTHE R WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH TEC DISCLAIMS AND ARE EXCLUDED. TEC SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL AND INCIDENTAL OR CONSEQUENTIAL DAMAGES, NETWORK DOWNTIME, INTERRUPTION OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH PERFORMANCE OF THE PRODUCTS OR USE BY YOU. TEC DOES NOT WARRANT ERROR FREE OPERATION OF THE PRODUCTS OR SERVICES PROVIDED HEREIN. TEC MAKES NO EXPRESS WARRANTY THAT THE PRODUCTS ARE IMMUNE FROM OR WILL PREVENT FRAUDULENT INTRUSION OR WILL PREVENT UNAUTHORIZED USE. TEC WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED USE (OR CHARGES FOR SUCH USE) OF COMMON CARRIER TELECOMMUNICATIONS SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO THE PRODUCTS (TOLL FRAUD).

If the products are used or support Telephony over Transmission Control Protocol/Internet Protocol (TCP/IP) facilities, you may experience certain compromises in performance, reliability and security even when the products perform as warranted. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THESE RISKS AND THAT YOU HAVE DETERMINED THEY ARE ACCEPTABLE FOR YOUR APPLICATION OF THE PRODUCTS. UNLESS OTHERWISE AGREED IN THIS AGREEMENT, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR NETWORKS AND SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION.

Used Products:
Used products are warranted to meet industry standard product specifications for one year from the date of sale to the original TelecomEx purchaser unless specified otherwise in writing. Cancellation and Returns: An order may be cancelled at any time prior to shipment without incurring cancellation charges unless an order cancellation charge was quoted in advance. A restocking and packaging charge of 20% shall be assessed against all returned product. Customer shall bear shipping charges for all cancellations. Returns received after 14 days of RMA date will be refused and will be returned to sender and credit will NOT be issued. Product cannot be returned and will not be accepted without a return authorization number ("RMA#"). Please call TelecomEx's customer service number (888-922-5200) to obtain an RMA#.

Limitation of Liability:
TelecomEx's liability for any claims (excluding death and bodily injury) whether based in contract or tort, including negligence, whether in law or equity, for any loss or damages arising or resulting from, or connected with the products or your purchase of the products hereunder, shall be limited to the actual amount of such loss or damages, up to the greater of $5,000 or the price paid by you for the product that is the subject of the claim. In no event will TelecomEx be liable for any special, incidental, economic or consequential damages or damages to data or records, including lost profit or revenue, even if TelecomEx were informed of the possibility of such damages, or for third party claims against you or us for such damages. You may have additional rights under certain laws (such as consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, TelecomEx's exclusions or limitations may not apply to you. TelecomEx will pass through to you any patent and copyright indemnity which may be applicable to the products you purchase. If you are a broker/reseller, TelecomEx makes no representations or warranties whatsoever to your customer end-user.

Other:
These products will be provided to you in the United States only, and these prices and terms likewise are only valid for transactions in the United States and Puerto Rico. Warranties and other rights may not be available if products are purchased for use outside of the United States and Puerto Rico. Please retain a copy of your shipping label to establish proof of purchase. Neither you nor TelecomEx will bring a legal action arising from this Agreement more than two years after the cause of action arose. You may not assign, or otherwise transfer, this Agreement without prior written consent. Any attempt to do so is void. You will comply with all applicable government export laws and regulations including those which apply to export of data. All your rights and all of TelecomEx's obligations are valid only in the United States and Puerto Rico. The laws of the State of Massachusetts govern this Agreement.

Product Availability Support:
TelecomEx provides access to product information on an international basis as a result of making such information available on the World Wide Web. TelecomEx makes no representation that such products are or may be lawfully exported from the United States and Puerto Rico or that OEM support is available in the United States and Puerto Rico or elsewhere. You assume all responsibility for export and support.

Software - Licensed Material:
Certain Products may contain various forms of software including, but not limited to operating systems and applications programs ("Licensed Material"). The OEM or one of its subsidiaries owns copyrights in and to the Licensed Material or has the right to license use of the Licensed Material. The OEM or a third party owns all copies of the Licensed Material, including all copies made from them.

Upon your purchase of product from this Site, the OEM will grant you a license to use the Licensed Material on, or in conjunction with, the specific product purchased, designated by serial number, for which the Licensed Material is provided. The OEM licenses the Licensed Material to only one rightful possessor at a time.

Under each license, the OEM authorizes you to do only the following: (1) execute the Licensed Material to enable the Specific Machine to function according to its published specifications; (2) make a backup or archival copy of the Licensed Material, provided you reproduce the copyright notice and any other legend of ownership on the copy (you may use the copy only to replace the original, when necessary); and (3) execute and display the Licensed Material as necessary to maintain your rights in the specific Product.

You agree to acquire any replacement for, or additional copy of, Licensed Material directly from the OEM in accordance with the OEM's standard policies and practices, which may be obtained from the OEM. You also agree to use that Licensed Material under these terms. You may transfer possession of the Licensed Material to another party only with the transfer of the specific Product for which the Licensed Material was purchased. If you do so, you must: (1) destroy all of your copies of the Licensed Material that were not provided by the OEM; (2) either give the other party all of your OEM provided copies of the Licensed Material or destroy them; and (3) notify the other party of these terms. The OEM licenses the other party when the other party accepts these terms by initial use of the Licensed Material and pays any applicable fee. These terms apply to all Licensed Material you acquire from any source.

Your license will terminate when you no longer rightfully possess the specific Product for which the Licensed Materials were purchased. You agree to use the Licensed Material only as authorized above. You may not, for example, do any of the following: (1) otherwise copy, display, transfer, adapt, modify, or distribute the Licensed Material (electronically or otherwise), except as the OEM may authorize in the specific Products official published specifications or in writing to you; (2) reverse assemble, reverse compile, or otherwise translate the Licensed Material unless expressly permitted by applicable law without the possibility of contractual waiver; (3) sublicense or assign the license for the Licensed Material; or (4) lease the Licensed Material or any copy of it. The terms and conditions of the various Licensed Materials will control and have precedence over any inconsistent statement contained herein. We strive to provide accurate information but we do not control the practices and policies of owner of the Licensed Materials.

Arbitration:
You and TelecomEx agree to submit all disputes of whatever kind or nature, whether in law or equity, arising out of this transaction to binding arbitration only, to be conducted pursuant to the rules of the American Arbitration Association, to be held in a location mutually agreeable to the parties. Provided, however, in the event third parties are necessary to achieve a just adjudication of the issues, either party may commence a civil action in a court of competent jurisdiction having jurisdiction over all such parties. The parties agree that the nonprevailing party shall be liable for all costs, including the prevailing party's attorneys' fees and costs in addition to the costs of arbitration. The parties are entitled to limited discovery under the local rules of civil procedure for courts of general jurisdiction. The parties further agree that any monetary award may be reduced to judgment and docketed in any court of competent jurisdiction without objection and execution had thereon. No arbitration or action, regardless of form, arising out of a Purchase may be brought or commenced by either party more than one (1) year after the dispute or cause of action arose.