2. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
3. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
4. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any and all liabilities, losses, claims and expenses, including reasonable attorney’s fees, arising out of or related to your violation of this Agreement or use of the Site or the Content, violation of any law or infringement of any third party right or property.
5. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
6. Disclaimer and Limits of Liability. The information from or through the site are provided buy us on an “AS-IS,” “AS AVAILABLE,” basis. 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 AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. FURTHERMORE, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CIPHERTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
8. Payments. You represent and warrant that if you are purchasing a product from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Any change of credit card after the initial transaction has already taken place, will incur a change of transaction fee of up to 7%.
9. Copyrights and Trademark Notice. The entire content included in this Website, including but not limited to text, graphics and other material displayed on or that can be downloaded from it (collectively, “Content”) are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights and may not be used except as permitted in this Agreement. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website. The Contents of this Website are copyright protected properties of Ciphertex, or its affiliates and business partners. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with Ciphertex or purchasing Ciphertex products. You may not modify the information or materials displayed on or that can be downloaded from this Website or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Content of this site is strictly prohibited, unless authorized by Ciphertex. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the site.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at firstname.lastname@example.org.
10. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
11. Miscellaneous. This Agreement shall be treated as though it was executed and performed in Los Angeles, CA and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 7. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Los Angeles, California. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
12. Pricing, Availability and Product Pictures. Prices and availability are subject to change without prior notice. NOTE: PRODUCTS ORDERED ON THIS WEBSITE SHIP 3-6 DAYS FROM DATE OF ORDER. If an item’s correct price is greater than our listed price, we may, at our own discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Although Ciphertex does its best to stay current, product pictures may not be representative of actual item being sold. Product pictures are meant to give the customer an “idea” of the product and are not to be used solely to identify or be an actual representation of the product.
13. Return Policy. Ciphertex follows a general 15-day return policy for “returnable” items. It is the customer’s responsibility to obtain an email from Ciphertex, stating the return policy of an item, prior to purchase. Ciphertex does NOT and CANNOT accept RA# requests beyond 15-days from product delivery. Ciphertex return policies are subject to change at any time and without prior notice. In order to return an item, customers must obtain an RA# (Return Authorization Number) as well as the proper “Ship To” address. Returns information may be obtained by sending an e-mail to Ciphertexsupport@ciphertex.com. A return request must be approved by Ciphertex and the item shipped to the address specified in the Return Authorization. Approved returns are classified as defective or non-defective and abide by the following terms;
Defective items: Defective items will be replaced by Ciphertex. Should Ciphertex accept the defective return, a replacement item will be shipped to the customer after the defective item is received, inspected and approved by Ciphertex. If the customer requests an immediate shipment on the replacement item, Ciphertex will charge them the full amount, including shipping. The customer will then be refunded the cost of the defective item minus original shipping charges, after the defective item is received, inspected and approved by Ciphertex. If a refund is requested on a defective item, the customer will be refunded the original cost of the defective item, minus shipping and a 15% restocking fee. It is the customer’s responsibility to return the item to the address specified by Ciphertex in the Return Authorization, at the customer’s expense. Ciphertex is not responsible for any charges incurred by the customer in returning an item.
Non-Defective items: Upon Ciphertex approval, non-defective items may be returned for an exchange, store credit, or refund. All approved, non-defective returns will be charged a 15% restocking fee. The customer will be refunded the original cost of the item, minus shipping and a 15% restocking fee. It is the customer’s responsibility to return the item to the address specified by Ciphertex in the Return Authorization, at the customer’s expense. Ciphertex is not responsible for any charges incurred by the customer in returning an item.
In order to expedite the returns process, please be sure to include the following items in your email:
14. Refusal of Package. An order cancellation may not take place on an item that has already shipped. If a customer places an order and then refuses the package, a 15% restocking fee will apply. The customer will then be re-credited for the return item(s) less a 15% restocking fee and any shipping fees associated with the return(s).
15. RA#’s issued for defective items or factory-sealed items. If Ciphertex finds a defective return to be non-defective, the item will be shipped back to the customer at their expense. The same rule applies to RA#’s issued for factory-sealed items. RA# will only be issued for items that are unopened and still in their original packaging and seal. If Ciphertex receives such an item and finds that it was previously opened, the item will be returned to the customer at their expense. Item(s) will not be returned to the customer if the customer refuses to provide payment for the shipping fees to have the item(s) shipped back to their address. If the customer refuses to provide payment for shipping fees to have the item(s) shipped back to their address, then the customer agrees to surrender all right and title to and give up all claims against Ciphertex for credit related to the unauthorized return item(s).
16. Customer Shipping Account Numbers. Ciphertex may use customer/end-user shipper account numbers at the request of the customer. Such shipper account usage will be at the sole discretion of Ciphertex. Ciphertex cannot be held liable for any shipping costs associated with shipments shipped via a customer’s shipper account number. All shipping fees that are unbillable to the account provided by the Customer will be billed to the Customer separately, by Ciphertex. Any unpaid shipping balance is due immediately upon receipt of invoice from Ciphertex.
17. Carrier Non-Shipment/Return, Lost or Damaged Items. Orders returned or unshippable by the carrier shall be rerouted (to address provided by customer) or returned to Ciphertex. All shipping charges incurred for reroute or returned packages shall be charged to the customer. Losses or damages resultant from third party carriers will be replaced or refunded pending a claim settlement by Ciphertex with the third party carrier, for the lost or damaged item(s). Should the claim be rejected by the third party carrier, no replacement or refund would be issued by Ciphertex.
18. Prior Authorization. Ciphertex will not accept any return items without prior authorization.