TERMS & CONDITION OF USE & SALE FOR NYCunderground
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY NYCunderground YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Legal status of products It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from NYCunderground. All equipment is sold subject to public law 90-351, title III, U.S.D., Section 2511, and any local, state or federal ordinances. Consult your local and state laws before ordering if you are in doubt. Absolutely no sales to minors. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that the he/she is of legal age. NYCunderground will not be held liable for the misuse of any product purchased from us or any of our distributors & dealers. Also as no product is 100% effective against attack, NYCunderground assumes no responsibility if a product purchased from us is not effective in preventing bodily injury, dismemberment or death. Anyone attempting to falsify information or defraud our company in any way, will be turned over to the proper authorities. Any attempts at extortion or entrapment will also be met with swift legal action!
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with NYCunderground, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Orlando, FL. Each party shall bear its own cost of any legal representation, discovery, or research required to complete 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 this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement),NYCunderground's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Orlando, FL. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
All Sales Final - No Returns.
General Legal Disclaimer
NYCunderground HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY NYCunderground IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS SHALL GOVERN.
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and NYCunderground. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "NYCunderground" shall relate to NYCunderground and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and NYCunderground relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by NYCunderground. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting NYCunderground at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by NYCunderground are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, NYCunderground makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, NYCunderground reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While NYCunderground uses reasonable efforts to include accurate and up-to-date information on the Site, NYCunderground makes no warranties or representations as to the Site's accuracy. NYCunderground assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
NYCunderground 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. NYCunderground WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, NYCunderground 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.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and NYCunderground (References to "you" or "your" shall relate to a customer of NYCunderground or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "NYCunderground" shall relate to NYCunderground and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by NYCunderground from time to time, 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 NYCunderground from its offices within the United States. NYCunderground 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 not authorized. 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 FL without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in ORANGE County, FL to hear any such claims.
Access, Interference and Linking
NYCunderground grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of NYCunderground.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by NYCunderground; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by NYCunderground.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray NYCunderground, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NYCunderground logo or other proprietary graphic or trademark as part of the link without express written permission.
NYCunderground does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held by NYCunderground 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 NYCunderground 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 or printed materials. You also may not, without NYCunderground prior written 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.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers. NYCunderground and the Circle of Service logo are trademarks of NYCunderground Copyright 2007 NYCunderground.
Microsoft and the Passport Logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NYCunderground 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 NYCunderground OR A NYCunderground 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.