Terms and Conditions
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Terms & Conditions for Link Waves Web Sites TERMS OF USE AND LEGAL RESTRICTIONS ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE. This web site is owned by Link Waves Inc. (“Link Waves”). Use of Site Link Waves authorizes you to view and download the materials from this web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Links to Third-Party Web Sites While this web site may contain links to third party sites, Link Waves is not responsible for the content of any linked sites. Link Waves provides these links as a convenience and does not endorse the companies or contents of any linked sites. If you decide to access any of the third-party web sites linked to this Site, you do this entirely at your own risk. Copyright Link Waves, its suppliers or the original creator of the material own all copyrights to material on the web site and all other intellectual property rights related to the web site. Trademarks Link Waves and the Link Waves logo are trademarks or service marks, registered or not, of Link Waves. Nothing in this Site may be interpreted so as to grant to you, directly or indirectly, the use of a trademark or service mark reproduced on the web site, whether belonging to Link Waves or third party suppliers, without the written permission of Link Waves. Product Availability The availability of the products described on the web site, and the product descriptions, may vary from country to country. You should consult the applicable local Link Waves affiliate for availability of specific products in your area. Limitation of Liability Link Waves, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE (OR THE INABILITY TO USE) THE WEB SITE OR ANY MATERIAL ON THE WEB SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF Link Waves WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Data Privacy (see Privacy Statement) Accuracy WHILE Link Waves ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEB SITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. Link Waves MAY CHANGE THE INFORMATION ON THE WEB SITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL ON THE WEB SITE AND THE WEB SITE ITSELF IS PROVIDED "AS IS" AND Link Waves DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Link Waves SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEB SITE OR ANY CONTENT ON THE WEB SITE. ADDITIONAL TERMS AND CONDITIONS FOR USE OF Link Waves: By using the Link Waves site ("Link Waves"), you and your organization (collectively, "User") are indicating your acceptance to be bound by these terms and conditions of use, which Link Waves may modify from time to time by updating this posting. You may use Link Waves only if you and your organization are listed under the "My Profile" section of Link Waves as pre-authorized users of the site. ACCESS AND USE OF INFORMATION Upon User's enrollment in Link Waves, Link Waves will provide User with access to certain web pages and functions of Link Waves, as determined solely by Link Waves. User's access to Link Waves is limited to viewing such pre-authorized portions of Link Waves solely for the procurement of products by User, or to check the status of orders already placed by User. User's access or attempt to access other areas of the Link Waves computer system or other information contained on the system for any other purpose is strictly prohibited. User is prohibited from violating or attempting to violate the security of Link Waves, including, without limitation, accessing data or functions not intended for User, or logging into an account which User is not authorized to access. All information and Content provided on Link Waves is subject to change without notice. AUTHORIZED USERS User is responsible for maintaining the confidentiality of User's registration information and password, and for all uses of its registration information and password, whether or not authorized by User. User agrees to immediately notify Link Waves of any unauthorized use of User's registration or password. ORDERS If Link Waves provides User with access to the order entry functions of Link Waves, User may issue purchase orders through Link Waves for any products identified under the "My Products" section of Link Waves. User agrees that User's placement of an order through Link Waves constitutes: (a) User's offer to buy the products identified on the order; (b) User's signature to such order; (c) User's consent to receive an electronic record of its purchase in lieu of a written record; and (d) User's acceptance of Link Waves's Terms and Conditions of Sale, as posted on Link Waves, except to the extent User's order is subject to a separate purchase agreement executed by the parties. Link Waves will provide User with an electronic record of its purchase once an order is submitted, but no order shall be binding upon Link Waves unless and until accepted by Link Waves. Orders will be deemed accepted by Link Waves when shipped. User may check the shipment date of an order on Link Waves. FREIGHT Carrier and mode of transportation is selected by Link Waves and listed on Link Waves for every order submitted by you. Any exceptions to User's shipping information will be handled as "special." User must contact its inside sales person (as listed on Link Waves) to change the shipping information and release the order. Freight charges from freight carriers or shipping methods selected by User will be prepaid by Link Waves and added to User's invoice. PRODUCT AVAILABILITY/BACKORDERS Inventory availability is subject to change at any time prior to acceptance of the order by Link Waves. If for any reason material is not available for shipment, an Link Waves sales representative will notify User. CHANGES Since Link Waves orders may be shipped within an hour of receipt, all requests for changes or cancellations of orders must be processed through User's inside sales person, and may be subject to a re-stocking fee. CREDIT The acceptance of any order is subject to User's credit and account status, as established by Link Waves. CABLE/WIRE LENGTHS Standard lengths of cable vary across different product categories. Link Waves will ship standard lengths unless otherwise specified by User. Any cable requested that is less than a standard length will be subject to review by Link Waves and assessed cut charges. Cut cables can not be returned. RETURNS User must contact its inside salesperson on all returns. User may not return products that are used, altered, not in original packaging, have static seals broken, or are not in an as-shipped condition. FORCE MAJEURE Neither party shall be liable for any failure to perform its obligations under this agreement where such failure results from any act of God or other cause beyond such party's reasonable control (including, without limitation, any mechanic al, electronic or communication failure which prevents such party from transmitting or receiving electronic data or documents). CONFIDENTIALITY User shall keep confidential all information furnished by Link Waves to User. TERMINATION User's access to, and use of Link Waves may be terminated by either party at any time, with or without cause, by sending notice of termination to the other party. Link Waves reserves the right to immediately and without notice suspend or terminate User's access to, and use of Link Waves in the event of a breach by User. MISCELLANEOUS All notices will be in writing and deemed sent on the date the notice is sent by electronic mail or facsimile. Notices to Link Waves shall be sent to the Link Waves inside sales person listed on Link Waves, and notices to User shall be sent to the User's representative listed on Link Waves. Either party may change the person to receive notices by providing the other party with notice of the change in accordance with this section. Neither party may assign, sublicense, or otherwise transfer any of its rights or obligations under this agreement without the express prior written consent of the other party. This agreement will be governed by the laws of the State of Illinois (without regard to conflicts of law provisions). Each party irrevocably consents to the jurisdiction of the courts of Illinois. If any provision of this agreement is held invalid or unenforceable by a court of competent jurisdiction, such holding or declaration shall not affect the validity of any other provision. All waivers must be in writing and signed by an authorized representative of the party waiving its rights. This agreement is intended to supplement any Electronic Trading Agreement executed by and between User and Link Waves. In the event of a conflict between these Terms and Conditions of Use and an Electronic Trading Agreement executed by the parties, or Link Waves's Terms and Conditions of Sale posted on Link Waves, these terms and conditions will control. No additional or different terms or conditions shall be binding upon Link Waves unless specifically agreed to by Link Waves in writing. |











Terms and Conditions

