IT’S OUR GOAL TO EMPOWER ALL PARTS OF YOUR BUSINESS. THAT MEANS MAKING SURE YOU ALWAYS HAVE THE IMPORTANT INFORMATION YOU NEED. HERE YOU CAN LEARN MORE ABOUT FULCRUM’S LEGAL POLICIES AND GUIDELINES AND HOW THEY HELP SET YOU UP FOR SUCCESS.
LAST REVISED: DECEMBER 12, 2022
INFORMATION WE COLLECT AND USE
1. INFORMATION WE COLLECT FROM YOU
As you use our Website or our Services, we collect personal information from you when you:
1.1. Apply for employment. When you apply for employment with Fulcrum Technologies, we will collect your name, email address, telephone number, physical address, and your professional or employment information (resume, cover letter, employment history, and educational history). We use this personal information to assess and manage your application with Fulcrum Technologies, communicate with you, and as necessary to comply with the law.
1.2. Contact us. When you contact us, we collect your name, email address, telephone number, company name, and any other information you choose to include in your correspondence. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, communicate with you, and address any issues you may have.
Fulcrum Technologies may also use your personal information collected for the above purposes to comply with the law and for other limited circumstances as described in HOW WE SHARE YOUR INFORMATION.
2. INFORMATION COLLECTED AUTOMATICALLY
In addition to the personal information you provide, we also collect information automatically as you use our Website or our Services. This information includes your:
2.1. Usage information. We use strictly necessary, performance, analytics, and advertising cookies to collect information about your interaction with our Website, such as the pages you visit, the frequency of access, how much time you spend on each page, and what you click on. We use this information to: (i) conduct analytics; (ii) enhance user experience; (iii) conduct targeted online advertising and measure the effectiveness of our advertising campaigns; (iv) prevent fraudulent use of the Website; and (v) diagnose server and Website errors, and in cases of abuse, track and mitigate the abuse. Usage information is collected automatically when using the Service which may include information such as your device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
2.2. Device information. We use strictly necessary, performance, functional, targeting, and social media cookies to collect certain information about the device you use to access our Website, such as hardware model, operating system, and your preferences. We use this personal information to (i) conduct analytics; (ii) enhance user experience; (iii) conduct targeted online advertising and measure the effectiveness of our advertising campaigns; (iv) prevent fraudulent use of the Website; (v) diagnose server and Website errors, and in cases of abuse, track and mitigate the abuse; (vi) provide enhanced functionality; and (vii) remember your preferences. When you access the Website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data.
2.3. Location information. We use strictly necessary, performance, analytics, and advertising cookies to collect information about your location, which may be determined through your IP address. We use this personal information to (i) conduct analytics; (ii) enhance user experience; (iii) conduct targeted online advertising and measure the effectiveness of our advertising campaigns; (iv) prevent fraudulent use of the Website; (v) diagnose server and Website errors, and in cases of abuse, track and mitigate the abuse; (vi) provide enhanced functionality; and (vii) remember your preferences. 1400 112th Ave SE, Suite 100, Bellevue, WA 98004
Particular cookies to note for our Website visitors include:
In general, to disable cookies and limit the collection and use of information through them, you can refuse all or specific cookies within our cookie banner. To opt-out of interest based advertising generally, you can visit the Network Advertising Initiative or the Digital Advertising Alliance.
3. HOW WE SHARE YOUR INFORMATION
- • Within Fulcrum Technologies. Where necessary, we may share your personal information within Fulcrum Technologies in order to efficiently carry out our business and to the extent permitted by law.
- • With service providers. We may share your personal information with our service providers that assist us in providing the Website. These service providers include our IT support, website host, and communications provider.
- • In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our organization, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our assets, we would share your personal information with third-parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would also share your personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
- • Third Parties. We also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as Facebook, Twitter, and LinkedIn). As part of these ad campaigns, we or the third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.
4. RETENTION OF YOUR PERSONAL DATA
5. TRANSFER OF YOUR PERSONAL INFORMATION
6. MARKETING EMAILS
You may opt-out of receiving marketing emails from us by clicking the “unsubscribe” link provided with each email. Please note that we will continue to send you emails necessary to the Website or any assistance you request.
7. WHAT RIGHTS DO I HAVE REGARDING MY PERSONAL INFORMATION AND HOW CAN I EXERCISE THESE RIGHTS?
Under the law of some jurisdictions, you may have the right to ask us for a copy of your personal information; to correct, delete or restrict (stop any active) processing of your personal information; and to obtain the personal information you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this information to another controller. You may be entitled to additional rights based on applicable data privacy laws in your jurisdiction.
These rights may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep or which we need to defend claims against us. In addition, most web browsers have a “Do Not Track” feature that lets you tell websites you do not want to have your online activities tracked. Currently, there is not an accepted standard on how companies should respond to web browsers’ “Do Not Track” signals. Accordingly, some of our Website do not currently recognize or respond to “Do Not Track” browser signals.
To exercise any of these rights, you can get in touch with us using the details set out below. If you have unresolved concerns, you have the right to report them to your local privacy regulator or data protection authority.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional. Other optional information, if not provided, may impact our ability to provide a personalized experience or tailored content or offerings.
8. INFORMATION SECURITY
We implement and maintain reasonable security measures to protect the personal information we collect and maintain. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.
9. AGE RESTRICTION
The Website is not intended for individuals under the age of eighteen (18). If we learn that we have collected or received personal information from individuals under the age of eighteen (18), we will delete that personal information. If you believe we have personal information on individuals under the age of eighteen (18), please contact us at the contact information provided below.
11. WHO CAN I CONTACT WITH QUESTIONS OR CONCERNS?
If you have a privacy question, concern, or request, you can contact us at:
Fulcrum Technologies, Inc.
1400 112th Ave SE, Suite 100
Bellevue, WA 98004
LAST REVISED: DECEMBER 12, 2022
This Website offers its Users general information about Our services and products and allows Users to reach out to Us for additional information. We make every effort to ensure that the content is up to date.
Should You have any questions regarding the Website or Our activities You are welcome to contact us at email@example.com.
1. Copyrights and Other Intellectual Property
• Sublicense, sell, assign, modify, adapt, translate, or otherwise share the Content with anyone, except as expressly permitted in writing by Us;
• Distribute, copy, or use any materials that violate the copyrights, trademarks, or other of Our intellectual property rights or any third party.
• Remove any copyright, trademark or other proprietary notices from any of the Content; or
• You further agree that the use of bots, employees, contractors, resellers, assigns, or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited and will in all instances be considered commercial use.
You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only.
2. Online Content
From time to time, the Website may contain links to websites that are not owned, operated or controlled by Us. All such links are provided solely as a convenience to You. If You use these links, You will leave the Website. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You decide to access any other websites linked to or from the Website, You do so entirely at Your own risk.
3. Rules of Conduct for Using the Website
The following activities are strictly prohibited in connection with use of the Website or any services provided in connection therewith: 1400 112th Ave SE, Suite 100, Bellevue, WA 98004
• Stating or implying that any statement made or conduct undertaken by You is endorsed or approved by Us without Our prior express written consent;
• Transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Circumventing any encryption or other security tool(s) used anywhere on the Website, or otherwise introduce any virus, worms, Trojan horses, corrupted files, or other malware to the Website or its code;
• Forging of headers or other manipulation of identifying information in order to disguise the origin of any information transmitted via the Website;
• Impersonating any person or entity, or making any false statement pertaining to Your identity, employment, agency or affiliation with any person or entity;
• Using technology in any matter without Our prior express written authorization in order to direct any person away from Our Website to another website for any purpose; and
• Reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Website, or causing others to do so.
You represent and warrant that to your knowledge all information You provide to Us when and if you submit Your contact information on the Website is materially complete and accurate. Any information sent to Us through the Website or via Internet e-mail should be deemed unsecure and is done so on a non-confidential basis. Communication with Us through this Website or via Internet e-mail does not constitute or create any type of contractual relationship among Us, You, and any other recipients. You agree that any information You provide to us through the Website be used by Us for any purpose.
4. Temporary Unavailability and Website Downtime
The Website may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure as a result of such unavailability. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Website, or on any website or any combination thereof, including injury or damage to Users’ or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using the Website.
5. Disclaimers and Limitations of Liability
THE WEBSITE, AND THE INFORMATION, MATERIALS AND SERVICES ON IT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE WILL BE COMPLETE, ACCURATE, UP TO DATE, UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
WE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITE. IN NO EVENT SHALL WE OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY 1400 112th Ave SE, Suite 100, Bellevue, WA 98004
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS PARAGRAPH ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATE’S LAWS MAY NOT RECOGNIZE OR OTHERWISE MAY LIMIT SOME OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.
We may deliver notices to You by means of e-mail, a general notice through the Website, or by other reliable method to any of the communication channels You have provided to Us.
8. Choice of Law
9. Binding Arbitration for Disputes and Class Action Waiver
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO (1) BRING A LEGAL ACTION IN COURT (2) HAVE YOUR DISPUTE RESOLVED BY A JUDGE OR JURY, AND (3) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
10. Domestic Use; Export Restriction
We make no representation that the Website, or any content are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories.
11. Miscellaneous Provisions
12. Additional Assistance
Nothing on the Website, including submission of inquiries or a “contact” form, requires Us to make any engagements or business arrangement with You, partner with You, hire You, provide any products or services, engage in any present or future marketing activities or engage in any discussions or negotiations with You.
last revised December 12, 2022
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These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.
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Download our Product Terms and Conditions as a PDF here.
This Product Terms and Conditions Agreement (“Agreement”) is by and between Sitehound, Inc., a Delaware corporation (“Seller“), and all customers and authorized purchasers (“Buyer”) of Seller’s hardware, materials, labels, accessories, or associated sales (“Products”).
- Pricing/Purchase Orders/Acceptance of Terms and Conditions. All Products sold by Seller to Buyer shall be at the prices set forth in Seller’s Quote (“Quote”)when the order is submitted to Seller. Any and all purchase orders, however communicated, are subject to the terms and conditions of this agreement, and Seller does not accept, and expressly objects to and rejects, any other terms and conditions (whether written or oral) originating from Buyer that purport to modify, add to, or otherwise vary the terms and conditions of this agreement.
- Shipment/Title/Risk of Loss/Taxes. Title to the Products shall pass to Buyer upon delivery of the Products to (1) the common carrier or (2) Buyer’s representative at Seller’s dock except for those sales into Canada for which Seller agrees to act as importer of record in the documentation Buyer receives from Seller relating to Buyer’s purchase of Products (“Canadian Sales”). Seller’s delivery of the Products shall be at a common carrier shipping point, with all risk of loss, damage, theft or destruction passing to Buyer at such point, subject to Seller’s rights under applicable law except for Canadian Sales. With respect to Canadian Sales, title to the Products shall pass to Buyer upon delivery of the Products to the destination in Canada and the place of delivery shall be the destination in Canada to which Seller has prepaid the shipping charges, with all risk of loss, damage, theft or destruction passing to Buyer at such point, subject to Seller’s rights under applicable law and Seller’s election, at its sole option, to replace or refund the purchase price of the Products damaged in transit. No such loss, damage, theft or destruction to the Products, in whole or in part, shall impair the obligations of Buyer under this agreement, all of which shall continue in full force and effect. Seller shall not be liable for any shipping delays. Buyer shall bear all applicable federal, state, municipal or other governmental tax, as well as any applicable import or customs duties, license fees and similar charges, however designated or levied on the sale of Products (or delivery thereof) or measured by the purchase price paid for the Products. For Canadian Sales, a minimum order fee of five and 00/100 dollars ($5.00) will be applicable to any order that equals less than five hundred and 00/100 dollars ($500.00) for Products.
- Shortages/Rejection of Delivery. All claims for shortages or rejection of delivery must be made by Buyer to Seller in writing within a period of forty-eight (48) hours from receipt of Products and must state in reasonable detail the grounds therefore. Unless such notice is given within the stated period of time, Buyer agrees that it shall be conclusively presumed that Buyer has fully inspected the Products and acknowledged that NO shortage or grounds for rejection exists.
- Payment. Unless otherwise agreed in writing by Seller, all purchases must be paid before an order is processed unless agreed upon otherwise in the Quote. If applicable, all past due amounts are subject to a five percent (5%) monthly financing charge or the maximum permissible under applicable law, whichever is lower. In the event that Buyer stops payment on any drafts issued to Seller, for any reason, Buyer hereby recognizes that Seller would suffer damage, the exact amount of which cannot be determined with certainty, and Buyer shall pay Seller liquidated damages in the amount of five hundred and 00/100 ($500) for each such draft in addition to the purchase price. It is not Seller’s policy to issue refunds. Buyer acknowledges and agrees that all credit card purchases hereunder are duly authorized and that it will not initiate any disputes with the credit card issuer related to payments to Seller or any of its successors or assigns in connection with such purchases. All credit card payments will be assessed a convenience fee equal to three percent (3%) of the total invoice amount.
- Returns. All returns are subject to a restock fee. Seller does not accept returns of print heads, bar code media, labels, software or service contracts. Misships must be claimed within 15 days of Seller’s invoice date. Products that show signs of use are not returnable to Seller as non-DOA (Dead On Arrival). Buyer is ultimately responsible for the condition of the returned items, for costs incurred by Seller due to misrepresentation of the condition of product, and for freight when returning products. Product that is discontinued or obsolete from the supplier does not qualify for a return. Product must be sent back to the Buyer in the following circumstances: if a product is returned missing any components sent with the original order; if the condition of the returned product is in any way misrepresented; if the received product is damaged in any way; if a product returned on a DOA is tested as a full functioning product; if product is received over 30 days after the return is requested; if a product is not returned in the original packaging and/or box.
- Non-DOA. No open box returns for non-DOA products. Product box must be clean and undamaged, with no marks of any kind. This includes writing, stamps, or shipping labels. All products must be double (over) boxed. Product must be returned in the original manufacturer’s packaging, both inside and outside. Returns must be complete with all manuals, cables, warranty cards, static bags, etc., just as customers received them. Customers have 30 days from date of invoice to request a non-DOA return. Non-DOA configured or custom products may not be returned. Products that show signs of use (I.e., powered on or tested) are not returnable to Seller as non-DOA.
- DOA/Defective. If the product is tested and the problem is not duplicated, there may be a “No Problem Found” fee
charged to the customer.
- Return Address. Sitehound, Inc., 1400 112th Ave NE, Suite 100, Bellevue, WA 98004
- No Warranties by Seller. Product warranties, if any, are provided by the manufacturer or publisher of the Products. Seller makes no warranties whatsoever. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. SELLER DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OR VIOLATION OF ANY PATENTS, TRADEMARKS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS BY ANY PRODUCTS. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY OTHER TERMS OR CONDITIONS TO THE CONTRARY, SELLER’S LIABILITY UNDER THIS SECTION SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE ALLEGED LIABILITY.
- Events of Default. Buyer shall be in default under this agreement upon the happening of any of the following events or conditions: (a) default by Buyer on payment of any quote, installment, invoice, bill or any other indebtedness or obligation now or hereafter owed by Buyer to Seller, (b) default in the performance of any obligation, covenant or liability contained in this agreement or any other agreement or document between Buyer and Seller, (c) any inaccuracy with respect to any warranty, representation or statement made or furnished by Buyer, (d) dissolution, termination of existence, insolvency, business failure, or discontinuance of Buyer’s business or the appointment of a receiver for any part of the property of, or assignment for the benefit of creditors by, Buyer or the commencement of any proceedings under any bankruptcy reorganization or arrangement laws by or against Buyer or the attachment, levy, seizure or garnishment of any of Buyer’s property, rights, assets (contingent or otherwise) including the Products, or
(e) any change in control of the ownership or management of Buyer, unless prior to the occurrence of such change of control Seller shall have been notified in writing and Buyer shall have obtained Seller’s prior written approval to such change in control.
8. REMEDIES OF SELLER.
- In General. Upon the occurrence of any event of default or any time thereafter, Seller may, at its option and without notice to Buyer, exercise one or more of the following remedies as Seller, in its sole discretion, shall elect: (1) declare immediately due and payable all outstanding invoices under this or any other contract and demand or, without demand, sue for amounts then due or thereafter accruing under this invoice or under any other invoice, bill or other document evidencing Buyer’s indebtedness to Seller, (2) suspend deliveries as to any or all Products, (3) take possession of the Products wherever found and for this purpose enter upon any premises of Buyer and remove the Products, without court order or other process of law, without any liability for damages, suit, action or other proceeding by Buyer as a result of such entry and/or removal, (4) cause Buyer, at its expense, to promptly return the Products to Seller in good, like-new condition,
(5) sell the Products, or any part thereof at public or private sale (for cash or credit) at such time or times as Seller shall determine, free and clear of any rights of Buyer, and if notice thereof is required by law, any notice in writing of any such sale by Seller to Buyer not less than ten (10) days prior to the date thereof shall constitute reasonable notice thereof to Buyer, and (6) exercise any and all rights accruing to Seller under any applicable contract or law upon a default by Buyer, including all rights and remedies accorded to sellers or secured parties under the Uniform Commercial Code.
- Mitigation of Damages. Should Seller repossess any of the Products because of Buyer’s default, Seller may make a commercially reasonable effort to sell such Products at a reasonable price to a third party, provided, however, that Seller shall have no obligation to actively seek out and solicit potential third-party Buyers for said Products.
- Collection Costs. In the event of any default on the part of Buyer hereunder, Buyer shall pay any and all collection costs, including reasonable attorneys’ fees and costs, incurred by Seller.
- Rights and Remedies Not Exclusive. No right or remedy conferred upon or reserved to Seller by this agreement shall be exclusive of any other right or remedy provided herein or by law. All rights or remedies conferred upon Seller by this agreement and by law shall be cumulative and in addition to any other right or remedy available to Seller.
- Time of the Essence. Time is of the essence with respect to each of the provisions of this agreement.
- Indemnification. Buyer agrees to indemnify and hold Seller and its officers, directors, servants, employees, agents and advisors harmless from and against any and all claims, damages, costs, expenses (including, but not limited to, reasonable attorneys’ fees and costs) or liabilities that may result, in whole or in part, from any third party using the Products provided under this agreement. Any defense provided hereunder shall be by counsel of Seller’s choice.
- Limitation of Liability. In the event that any Product malfunctions and such malfunction leads to damage or injuries to the
Product, to Buyer’s business, the end-user’s business, to other equipment, or residence, or to employees or to other persons, Seller shall not be liable for such damages or injuries, and Buyer, for itself and its successors in interest, hereby forever releases and discharges Seller from any such liability. Buyer understands and agrees that if, despite the Buyer’s release of the Seller from liability, Seller shall be found liable for loss or damage caused by failure of Seller to perform any of Seller’s obligations hereunder or the failure of the Products in any respect whatsoever, Seller’s liability shall be limited to the price paid for such Products, and this liability shall be exclusive. Buyer understands and agrees that the provisions of this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or non-performance of any of Seller’s obligations or from negligence, active or otherwise, of Seller, or its agents, servants, assignees or employees. IN NO EVENT SHALL SELLER BE LIABLE FOR AMOUNTS REPRESENTING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Assignment. This agreement and all rights, obligations and performance hereunder may not be assigned by Buyer without prior written consent of Seller.
- Waiver. No delay or omission by Seller to exercise any right or power shall impair any such right or power or be construed to be a waiver thereof. A waiver by Seller of any term, condition or agreement to be performed by Buyer or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other term, condition or agreement herein contained. No change, waiver, or discharge hereof shall be valid unless presented in writing to Seller and signed by an authorized representative of Seller.
- Severability. If any section, term, condition or portion of this agreement shall be found to be illegal or void as being against public policy, it shall be stricken and the remainder of this document shall stand as the original.
- Governing Law/Venue. This agreement shall be construed and enforced in accordance with the laws of Washington without regard to the conflicts of law provisions thereof. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS, IF OTHERWISE
APPLICABLE. All claims, actions, disputes, controversies or suits shall be litigated exclusively in the courts of Washington. Each party specifically consents to service of process by and the jurisdiction of and venue in those courts and Buyer, if not a resident of the United States, hereby appoints the Secretary of State of Washington as its agent for service of process in the United States.
- Incorporation of Manufacturer Terms. Sales of Products may be subject to other terms, conditions or policies established (and modified from time to time) by the manufacturer or publisher of the Products, which may be included with the Products.
- Entire Agreement/Modification. The parties intend this agreement to be the complete statement of the terms of their agreement. This agreement replaces and supersedes any prior agreements between them with respect to the subject matter hereof. No course of prior dealing or usage of trade shall be relevant to amend or interpret this agreement. This agreement may not be changed, modified or amended except by an instrument in writing signed by both Seller and Buyer.
- Compliance with Laws. The parties agree to comply with the laws, regulations and requirements of the United States. This includes, without limitation, the applicable export control and economic sanctions laws, regulations and requirements administered by the Commerce Department’s Bureau of Industry and Security and the Treasury Department’s Office of Foreign Assets Control as they may govern the export and re-export of items supplied under these Terms and Conditions. These commodities, technology or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited. Buyer further agrees that it will not make any payment, directly or indirectly, that would cause a violation of the anti-bribery laws of any country or jurisdiction, including without limitation the U.S. Foreign Corrupt Practices Act which, inter alia, prohibits certain payments to foreign government officials for the purpose of obtaining or retaining business.
- Electronic Communications. The communications between Buyer and Seller use electronic means, whether you purchase the Products or send us emails, or whether Seller communicates with you via email. For contractual purposes, you (a) consent to receive communications from Seller in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Seller provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.