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Acceptance By You of Terms.
This website is provided by Identazone,Inc. (“we” or “us”). The terms of use and Sale of the web Site is subject to the following Terms of Use and Sale (the “Terms of Use and Sale” or the “Agreement”), which may be updated by us from time to time by us in our sole discretion and which you accept by your use of the Site (defined below). We reserve the right to alter this Agreement without advance notice by posting a revised Agreement. You can determine when this Agreement was last revised by checking the “Last revised” legend at the top of these Terms of Use and Sale.
The Terms of Use and Sale apply to your use of the following websites: www.identamaster.pro, hosted by or on behalf of Identazone. (the “Site”). In addition, when using particular features or services provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such features or services including without limit the Terms of Sale which are applicable to any sale of a product, service or solution through any of the applicable websites. All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement. Notwithstanding the foregoing, any separate master agreement or statement of work covering specific products, services or solutions that is signed by an authorized representative of you and Identazone, Inc., shall govern in the event of any conflict with these Terms of Use and Sale.
PLEASE READ THESE TERMS OF USE AND SALE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE TERMS OF USE AND SALE.
The Site may not be available at all times or in all areas. We may permit you to register for services, and/or deny service to you, at any time and in our sole discretion, including without limitation, in the event you do not adhere to the Rules of Conduct set forth below. We reserve the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; and/or (c) modify or waive any fees charged in connection with the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after any such changes will indicate your acceptance of such changes.
Any questions about the meaning or application of these Terms of Use and Sale should be directed to Identazone support@identazone.com.
Description of the Content and Services.
We provide users of the Site with access to certain content concerning us and our product, service and solution offerings, including without limit descriptions, contact information, links, and other specialized content (collectively, the “Content”), as well as opportunities to contact us or third parties, and other features and services (all of the foregoing, collectively with the Content, the “Site Services”). All new features made available through the Site that were not made available as of the “Last Revised” date above shall automatically become subject to these Terms of Use and Sale.
Prices and Availability.
Because of the fast-moving nature of the IT supply industry, prices and availability are subject to change without notice. We are unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice and to cancel any order we are unable to fill where availability is constrained and an order is processed in error.
Systems, Typographic, Photographic and Other Technical Errors.
Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right in our sole discretion to substitute equivalent items if available. If an error is made and a product is listed at an erroneous price or shown as available when it is not, We may, at our sole discretion, refuse, or cancel any such orders processed as a result of such error. If an order has been confirmed and charged to your credit card at the incorrect price or where the product, service or solution is not available, we reserve the right in our sole discretion to immediately issue a credit in the amount of the incorrect price or unavailable product, service or solution.
Information Submitted By You Through or In Connection With the Site.
Submissions of personal information through or in connection with the Site are governed by our Privacy Policy which is hereby incorporated into this Agreement by this reference. In consideration of your use of the Site and Site Services, you agree, where information is requested, to provide accurate, current, and complete information about yourself, to maintain the accuracy and completeness of such information, and to update it promptly in the event of any change. You agree that if any information you provide is false, inaccurate, incomplete, or not current, we may terminate your use of the Site and/or the Site Services. We are not liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.
As part of the registration process for certain Site Services, you may be asked to select a username and password. We may refuse registration to anyone, and/or require additional information prior to accepting any registration, in our sole discretion. Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site Services or any part of the Content to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at support@identazone.com. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
Rules of Conduct.
While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, users of the Site must respect the rights and dignity of others, and your use of the Site is conditioned on your compliance with the following Rules of Conduct. You agree you will not:
Links.
The Site may provide links to other Internet websites and resources. Because we may have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. We may have no control over the sites that provide links to the Site, and you acknowledge and agree that we do not endorse such sites and are not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which we provide links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. We shall have the right, but not the obligation, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
Your Representations and Warranties; Indemnity.
You represent and warrant that you will comply with all applicable laws in connection with your use of the Site. You agree to defend, indemnify, and hold us and our sponsors, directors, officers, shareholders, licensors, employees, agents, partners, suppliers and representatives harmless, from and against, all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys’ fees) arising out of: (a) your activities in connection with the Site or Site Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
Additional Terms of Use and Sale.
PLEASE READ FOLLOWING TERMS CAREFULLY BEFORE MAKING ANY PURCHASE THROUGH THE SITE OR WHICH IS OTHERWISE SUBJECT TO THESE TERMS OF USE AND SALE.
Set forth hereafter are certain additional terms and conditions that apply to any purchase made by you (including your employer and/or any of its affiliates, or any other entity on whose behalf you are acting, “you” or “Customer”) from us using the Site or otherwise subject to these Terms of Use and Sale. By using the Site, placing an order and/or submitting a purchase order to us that is subject to these Terms of Use and Sale you agree to be bound by this Agreement. If you and an authorized representative of ours have each signed and delivered a separate master purchase agreement, purchase order or statement of work, then such separate master agreement, purchase order or statement of work shall govern, to the extent of any conflict between its terms and those of this Agreement.
Order Acceptance Policy.
Orders are not binding on us until accepted by in accordance with these Terms of Use and Sale, including without limit terms applicable to errors and our cancelation rights related thereto, and we reserve the right to accept or decline any order for any reason, and/or to supply less than the quantity ordered of any item without prior notice. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Until delivery of goods or performance of services we reserve the right to reject or cancel any order (or any portion thereof to the extent goods remain undelivered or services remain unperformed), for any reason or no reason. We are a reseller to end user customers and do not accept orders from computer dealers, exporters, wholesalers, or others who intend to resell the goods offered by us unless specifically agreed to in a writing signed and delivered to you by an authorized officer of Identazone, Inc. Customer hereby represents and warrants that it is not purchasing goods for export and/or resale unless pursuant to a separate written Agreement executed and delivered by an authorized officer of Identazone, Inc. In the event of any export, Customer agrees to comply with all applicable laws and regulations, including but not limited to U.S. Commerce Department regulations and State Department restrictions governing export from the United States and shall indemnify, defend and hold us harmless from any third party claim arising out of or related to any such export transaction.
Purchase Price and Payment.
Prices, specifications and availability of goods and services are subject to change without notice. Customer will pay the price established by us for all goods ordered by Customer or using Customer’s account. Full payment shall be made before delivery of the goods. In addition to the purchase price and any shipping costs, Customer will pay all applicable taxes, including but not limited to sales, use, value added, gross receipts, privilege, excise and personal property taxes, levied on or measured by the purchase price or arising from the use of the goods and any parts or maintenance supplied or the services rendered.
Customer can buy no more than 5 licenses Identamaster per order. License cost is: one time fixed amount and involves the use of three types of scanners simultaneously: Digital Persona 5160, Integrated Biomentric, SecureGen Hampster IV. When customer purchases a license for Identamaster, customer can order up to 8 biometric scanners each type: Digital Persona 5160, Integrated Biomentric, SecurGen Hampster IV. At the same time, Identazone guarantees the best price on the market for biometric scanners of corresponding (same) types and condition *
*In the event that the customer provide real evidence that he found on the same type of scanner (s) at a better price than the IdentaZone offers, customer gets the credit in the amount of the price difference on that site and site Identamaster.pro for the next order. **
**The validity of this condition is not more than 14 days from the date of the original order. If the customer acquires simultaneously with the a license (s) an amount of scanners of the same type, but less than 8, then he/she may, after registration, order additional scanners (up to a total of 8 per license) at the same price that he (the buyer) received when ordering a license for Identamaster and scanners. When acquiring biometric scanners without a license on Identamaster, prices scanners may differ from the price of scanners purchased with the license for Identamaster product.The license price does not change if the customer only acquires the Identamaster license without purchasing the scanners.
Attention Customers who have installed on the computer HP ProtectTools Security Manager Suite: DigitalPersona Local Agent is part of HP ProtectTools Security Manager Suite which installs the HP ProtectTools Security Manager and the Credential and Fingerprint Manager for HP ProtectTools as well as Drive Encryption for HP.
DigitalPersona U are U is not compatible with HP ProtectTools Security Manager Suite so when you order Identamaster, you cannot use the DigitalPersona scanners on your computer.In this case, please contact support@identazone.com and we will give you the opportunity to download the software to work with any fingerprint scanner of your choice from the list of fingerprint scanners, presented on our site.
Identazone use Authorize.Net (http://www.authorize.net/company/privacy/) service for payments.
Title and Risk of Loss.
Title and risk of loss to all items purchased subject to these Terms of Use and Sale passes from us to you at the time of delivery by us to the shipping carrier, provided, however, title to software and other licensed items will remain with the applicable licensor(s). Customer shall have full liability for the safety and validity of delivery address given to us at the time of purchase. We will not incur any forwarding costs on shipments.
Shipping, packaging, handling and Insurance.
You agree to pay all shipping, packaging, handling and related insurance costs and fees, which may include a profit. In the event that Customer returns goods permitted under this Agreement, Customer shall insure, at Customer’s expense, all goods shipped in an amount at least equal to the unpaid purchase price of the goods. CUSTOMER ASSUMES ALL RISK OF LOSS IN CONNECTION WITH THE SHIPMENT OF RETURNED GOODS.
Software Licenses.
All software is provided subject to Identazone license agreement(s) and/or end user agreement(s) that are provided with it. Customer will be bound by all such licenses and/or end user agreements.
Delays in Performance.
Any delivery times provided by us are estimates only. We shall not be liable for delivery delays, nor shall we be liable for any delay in performance due to unforeseen circumstances or to causes beyond our reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or inability of suppliers to deliver.
Alteration or Attachment to Goods.
Any alteration, modification, addition, improvement or attachment to the goods (“Alteration”) not authorized in writing by us shall be solely at your expense and risk. In the event of any such unauthorized Alterations any warranty under this Agreement, including without limitation any warranty of merchantability or fitness of use that may be implied despite our express disclaimer of any such warranty, shall be deemed waived by you and shall be null and void, and we shall have no obligation to you under any such warranty, nor will you be entitled to return altered goods at any time.
Maintenance.
We agree to provide maintenance and/or service (“Maintenance”) to Customer as described on an applicable invoice accompanying goods shipped to Customer or in a separate agreement for Maintenance. All Maintenance will be at our service department or at another location chosen by us unless otherwise agreed between us and you under a separate agreement for Maintenance. All Maintenance, except that performed under manufacturer’s warranty, will be performed at our standard rates in effect at the time the Maintenance is performed. WE HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, WARRANTY OR SUPPORT SERVICES TO ANY CUSTOMER UNLESS AND UNTIL WE HAVE RECEIVED FULL PAYMENT FOR ANY GOODS PURCHASED.
DISCLAIMER OF WARRANTIES. ALL GOODS AND SERVICES SOLD UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EXCEPT THOSE EXPRESSLY CONFERRED BY THE MANUFACTURER. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITS OF LIABILITY. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, HOWEVER CAUSED, ARISING FROM THE USE OF ANY GOODS OR SERVICES, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY TO THE EXTENT SUCH STATE’S LAW IS APPLICABLE TO THIS AGREEMENT. CUSTOMER AGREES THAT CUSTOMER’S SOLE REMEDY SHALL BE TO RETURN GOODS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND, IF APPLICABLE, TO OBTAIN A REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID BY CUSTOMER TO US, LESS ALL SUMS, IF ANY, CUSTOMER OWES US.
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS CONTRACT. ONLY THE TERMS SET FORTH IN THE AGREEMENT SHALL APPLY
Disputes Related to Use of the Site or Purchases.
Any claims against us relating in any way to your use of the Site or the Site Services or any purchases made by you through the Site or subject to these Terms of Use and Sale shall be submitted to confidential arbitration in New York City, New York. Arbitration under this Agreement shall be conducted under the Commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding the Site or the Site Services, your use of the Site or the Site Services or any purchases made by you through the Site or subject to the Terms of Use and Sale shall be brought in the state or federal courts located in Central Islip or Nassau County, New York, and you hereby agree and submit to such jurisdiction and venue as exclusive and proper.
Right of Offset.
At any time that an amount is due to us, we shall have the right, without prior notice, to set off and apply any amounts otherwise owed by us to purchaser, to any amounts owed to us by purchaser, in all cases.
Governing Law and Documentation.
Transactions between you and us, and any disputes arising between us related to any interaction between us resulting or connected to your use of the Site or the Site Services or any purchases by you made through the Site or subject to these Terms of Use and Sale, including but not limited to claims relating to the content of any of our catalogs or the Site, shall be governed by and construed in accordance with the laws of the New York without regard to the laws regarding conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and Sale, together with any the policies printed in any of our catalogs or on the Site, as applicable, and any policies, terms or conditions stated on any applicable of our invoices or packing slips, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties and no conflicting purchase order or other document not executed and delivered by an authorized officer of Identazone, Inc. shall be deemed to have been accepted by us or to apply to any such matters or transactions.
Jurisdictional Issues.
The Site is controlled and operated by us from our principal offices in the New York, U.S.A., and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the New York and the United States of America. We do not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Site Services or goods, services or solutions you obtain from us to any country outside of the United States or Canada. You agree not to use all or any part of the Site from (as applicable) Cuba, Iran, Libya, Myanmar (Burma), Sudan, Syria or any other country to which the United States has embargoed goods; and you represent, warrant, and covenant to us that (a) you are not located in or under the control of any such country, and (b) you are not a person or entity that appears on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Miscellaneous.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under this Agreement without our prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to these Terms of Use and Sale or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Returns Policy.
We pride ourselves on a tradition of outstanding customer care and support. Our devoted team of account representatives understands that our customers are the hallmark of our enduring partnerships. It is important for our customers to understand the standards that have been established within our industry regarding the terms and conditions of a sale. The purchase of technology products and solutions are subject to manufacturer restrictions which may be different from other product purchases you transact. Most of the products and solutions we sell are subject to a manufacturer’s warranty. The warranty provided by the manufacturer is the first place to look for assistance with difficulties that may accompany your purchase. To obtain information regarding manufacturer’s warranties, please refer to the website below, contact us at the following e-mail address support@identazone.com.
We encourage you to request information from any of our account executives about extending the service period on any of the products or solutions that you purchase.
Most manufacturers offer a one year warranty on all new equipment. During the warranty period, you may call the manufacturer to receive warranty service. The manufacturer will attempt to solve your problem via phone. If a situation extends beyond the manufacturer’s service centers ability to resolve, please support@identazone.com for further guidance.
Damaged Shipments.
If your shipment arrives damaged the Shipment must be refused if you notice any visible damage or tampering on the box. Should the shipment be accepted, you must note the damage on the carrier’s delivery record in accordance with the carrier’s policy, save the merchandise in the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and pick up of damaged merchandise. Concealed damage on a shipment must be reported within 7 days. If you do not notify us of damaged goods within the first 7 days of arrival, the regular return policy will override any claim of damage, and your purchase(s) will fall under all current manufacturer restrictions.
Defective/ Dead On Arrival Non-Software Products.
Certain products may be approved for return by our technical support division if reported to us within the first 15 days after receipt of shipment, and only after support from the original manufacturer has been received. The return must be 100% complete, in original and resalable condition, with all original packaging, manuals, registration card(s) and software. Original shipping, packaging, handling and related charges are not refundable. Shipping charges on returned products are the responsibility of the customer. We will match the shipping method and pay for shipping charges to you on replacement or exchange products. All late, non-defective, and/or incomplete returns are subject to minimum 15% restocking fee.
Non-Defective Product Return.
Customers may return most non-defective scanners (subject to manufacturer’s return policy) to us within 30 days of invoice, either for credit or exchange. An automatic 15% restocking fee applies to all such returns. All shipping, packaging, handling and related charges are not refundable.
Order Discrepancies.
Any order discrepancies, i.e., missing items/components; misshipments; short-shipments, must be reported either to your Account Executive or to the Customer Service Department within 5 days of receipt of the shipment.
Non-Returnable Items.
Specialty Orders, Open Box Product.
How to Return Products.
Obtaining an RA Number:
Please contact either your account executive or the Customer Service Department by email at support@identazone.com within 30 days of purchase for a Return Authorization (RA) number before returning your product to us. If the request meets the return criteria, the Returns Department will issue the RA# and send you the instructions on how to proceed. No returns of any type will be accepted without a RA number. For faster service, please have the following information on hand when calling for an RA number: customer name, order number, item number and serial number and the reason for the return. Upon receipt of a RA, customers are given 15 days to return the product.
Original shipping, handling, packaging and related charges are not refundable. Shipping charges on returned products are the responsibility of the customer. We will match the shipping method and pay for shipping charges to you for replacement or exchange products. We strongly recommend you use a traceable carrier and fully insure your return shipment in case of loss or damage.
