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The Launch Pad, INC. (“The Launch Pad”) Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN The Launch Pad’S INVOICE OR OTHER The Launch Pad DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND The Launch Pad HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between you ("Customer") and The Launch Pad. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on The Launch Pad's Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and The Launch Pad relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting The Launch Pad at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in The Launch Pad’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN HILLSBOROUGH COUNTY, FLORIDA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN HILLSBOROUGH COUNTY, FLORIDA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides The Launch Pad with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for The Launch Pad, title to products and risk of loss or damage during shipment passes from The Launch Pad to Customer upon shipment from The Launch Pad’s facility (F.O.B. Origin, freight collect). For all other shipments, title to products and risk of loss or damage during shipment passes from The Launch Pad to Customer upon receipt by Customer (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. The Launch Pad retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Export Sales
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by The Launch Pad were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Warranties
Customer understands that The Launch Pad is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not The Launch Pad. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by The Launch Pad or its affiliates. In connection with services, neither affiliates of The Launch Pad nor third party service providers are agents of The Launch Pad and The Launch Pad has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. The Launch Pad AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF The Launch Pad, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.
Pricing Information; Availability Disclaimer
All pricing is subject to change. The Launch Pad reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, The Launch Pad cannot guarantee that it will be able to fulfill Customer’s orders.
Limitation of Liability
NEITHER The Launch Pad NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER The Launch Pad NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY The Launch Pad OR ITS AFFILIATES, NEITHER The Launch Pad NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (B) $50,000.
The Launch Pad will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by The Launch Pad are estimates only.
Third Party Services
Customer acknowledges and agrees that, in some instances, The Launch Pad and its affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases The Launch Pad and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.
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) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or The Launch Pad's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF The Launch Pad, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Phoenix, Arizona. If arbitration is chosen by any party with respect to a Claim, neither The Launch Pad nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Phoenix, Arizona. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to The Launch Pad arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon The Launch Pad until accepted by The Launch Pad. Terms of payment are within The Launch Pad's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. The Launch Pad may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law plus a $10.00 late fee per invoice. Customer is responsible for, and will indemnify and hold The Launch Pad harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by The Launch Pad's net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide The Launch Pad with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of The Launch Pad’s costs of collection, including court costs, filing fees and attorney’s fees.
Return Privileges
The Launch Pad customer return requests must be made within 21 days of invoice date.
Please return all products 100% complete. This includes manufacturer box, UPC label, packing materials, all manuals, blank warranty cards and accessories.
Return privileges are contingent upon various manufacturer policies. The Launch Pad reserves the right to decline return requests based on those policies. Please verify policies for specific item(s) with a member of Customer Relations.
Please contact The Launch Pad Customer Care at 888-820-0788, 24 hours a day, 7 days a week or via e-mail at returns@launchpadonline.com, to obtain a Return Merchandise Authorization (RMA) before shipping product back to The Launch Pad. This will expedite and help ensure the proper action or credit upon processing.
In order to expedite a return, please have the following information on hand when requesting an RMA number: Customer number, invoice number, serial number, reason for return, action to take (replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed. Please do not write on or damage the manufacturer box.
Customer is responsible for shipping charges to The Launch Pad’s distribution center for all products being shipped back to The Launch Pad. Products exchanged or replaced will be shipped by The Launch Pad to Customer, at The Launch Pad’s expense, using the same shipping method as was used by Customer to ship the original products back to The Launch Pad. If the carrier selected by Customer is not used by The Launch Pad, a comparable shipping method will be selected.
Customer is responsible for all risk of loss and damage to products being shipped back to The Launch Pad. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHL. This is for your protection as well as to ensure quick action on your return.
Return shipping address:
The Launch Pad
Attn: Returns Department
(Place your RMA number on this line)
18130 Jorene Rd.
Odessa, FL 33556
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.
Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify The Launch Pad immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify The Launch Pad Customer Relations at care@launchpadonline.com of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for The Launch Pad to file a damage claim.
Check Payment Policy
The Launch Pad will accept a cashiers check or money order on all COD orders. The Launch Pad will accept personal and business checks for prepay orders. Allow 10 business days for clearing.
Contacting The Launch Pad
888-920-3450
813-448-1700
Last Update: 6/26/09
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