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| PARTNER STORES, INC. (here-in-after referred to as "PSI") maintains its Web
Site (the "Site") for your personal entertainment, information,
education, and communication. Please feel free to browse the Site. You may
not, however, distribute, modify, transmit, reuse, report, or use the
contents of the Site for public or commercial purposes, including the text,
images, audio, and video without PSI's written permission, except for
personal scholarship or by online indexing services. Your access and use of
the Site is also subject to the following terms, conditions, and copyrights
("Terms, Conditions, and Copyrights") and all applicable laws. By
accessing and browsing the Site, you accept, without limitation or
qualification, the Terms, Conditions and Copyrights and you acknowledge
that any other agreement between you and PSI are superseded and of no
force or effect. |
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TERMS
& CONDITIONS OF SALE & BID
November 1998-2008 |
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WARRANTY OF
MERCHANTABILITY
Consistent with industry practices, all warranties
granted are only those provided by the respective vendor(s) and are instead
of any expressed or implied warranties to the buyer. This includes, without
limitation, any implied warranties of merchantability or fitness for a
particular purpose, and all such other warranties are hereby expressly
disclaimed.
We are not liable for any loss or damage caused by delay
in furnishing products and/or services due to the performance, or lack
thereof, by any person vendor(s). In no event shall our liability of any
kind include any special, indirect, incidental or consequential losses or
damages, even if we shall have been advised of the chance of such potential
loss or damage. Prices quoted subject to change without notice. Prices are
not firm until invoiced.
RESTOCKING CHARGES
AFTER INITIAL 30 DAYS
A restocking charge of up to 50% of
the invoice, on a per item basis, will be charged for product
returned due to no fault of PARTNER STORES, INC. Restocking charges do
not apply to items which have manufacturing defects certified by the
manufacturer. Shipping and Handling charges are excluded. You have five (5)
working days to return stock after return approval is given. Each item must
be returned in its original cartons with all packing materials and in the
same condition with which you received it and be shipped freight prepaid
via UPS ground. Defective merchandise may be replaced with the same item
only. All modems and laser printers and some other printers, monitors,
laptops must be sent to authorized service centers. Original packaging,
contents, and proof of purchase is required to return any Merchandise.
DO
NOT write on boxes and other papers included with the item.
Call for a Return Authorization Number.
PRICE PROTECTION -
PRICE CHANGES - RIGHT OF SUBSTITUTION
Prices quoted are subject to change without
notice. No guarantee of price is provided on product quotes and sales. All
software and Internet programming is performed on a time and material
basis. Our Terms & Conditions Guide is available and defines our terms
and conditions for any sale. We will, when we know of them, provide you
with updated pricing before we invoice you for product ordered. We reserve
the right to substitute item(s) invoiced/quoted of equal or greater value
when the original stated item is no longer available or no longer meets our
standards of excellence for resale.
SATISFACTION
GUARANTEED
If you're dissatisfied with your
hardware/peripheral purchase, return the product within 30 days in its
original condition with all packaging, manuals, etc. and the original sales
receipt or invoice. We will give full credit or exchange.
Software
can not be returned unless defective and then only for
replacement. Software returns only for defective merchandise or merchandise
still in original, unbroken, wrapper. Labor, shipping/handling, and
service charges are not refundable.
Unused laser printers and copiers are returnable within
30 days. They must be in original condition with all packaging. You cannot
return once any toner has been installed. These machines are covered by
manufacturers' warranties and must be serviced by their authorized service
centers.
CUSTOM SOFTWARE WARRANTY
PARTNER STORES, INC. warrants the
physical cd/dvd to be free of defects in materials and workmanship for 30
days from the date of purchase. If we receive notification within the
warranty period of defects in material or workmanship, PARTNER STORES, INC. will replace the defective
cd/dvd . If you need to return a product,
call PARTNER STORES, INC. Customer Service Department to get a return
authorization number. There is no warranty on scripting code produced by PARTNER
STORES, INC. The remedy for breach of this warranty shall be
limited to replacement and shall not encompass any other damages, including
but not limited to loss of profit, and special, incidental, consequential,
or other similar claims..
DISCLAIMER
STATEMENT
PARTNER STORES, INC. specifically
disclaims all other warranties, expressed or implied, including but not
limited to implied warranties of merchantability and fitness for a
particular purpose about defects in the diskette and documentation, and the
program license granted herein in particular, and without limiting
operation of the program license with about any particular application,
use, or purpose. In no event shall PARTNER STORES, INC. be liable for
any loss of profit or any other commercial damage, including but not
limited to special, incidental, consequential or other damages. |
PARTNER STORES, INC. SOFTWARE and INTERNET LICENSE & COPYRIGHTS
Scripting Code and Web Page Code written and
produced by PARTNER STORES, INC. is protected by both United States
Copyright law and International Treaty provisions. PARTNER STORES, INC.
retains ownership of all copyrights to the Scripting Code and Web Page Code
written by it. A license for its use is granted by PARTNER STORES, INC.
to the end user subject to the terms which follow:
PERMITTED USES &
NON-PERMITTED USES violators will be prosecuted under Federal
Felony Statutes
You may
make unlimited copies for archival purposes only.
You may
use
the scripting code for software on a single computer or in a single network
(under one roof) environment, but not both.
You may not
copy or reproduce, for any reason, Scripting Code for Internet Web
Pages.
You may not
provide copies to friends, relatives, business associates, or anyone
else as a gift, for money, for charity, or for any other purpose without
the express written permission of the seller.
You may not
violate the integrity of the scripting code without express permission in
writing.
You may not
reverse engineer any design or system.
You may not
use on two or more single computers.
OTHER COMMERCIAL
SOFTWARE LICENSES
Software sold by PARTNER STORES, INC.
which is written by other commercial software publishers is protected by
the publisher's software license accompanying the software and by both
United States copyright law and international treaty provisions. Therefore,
the buyer, you, must abide by the terms of their license.
PAYMENTS &
RETURNED CHECKS
We do credit cards through PayPal. No
personal checks are allowed. Checks should be made payable to PSI.
Checks returned because of insufficient funds will be charged a $50 service
fee, turned over to the Michigan State Police for processing under
the Michigan Felony/Fraud Statues, and you will be required to wire
transfer the amount within three days or be placed for collection.
Customers with one or more checks returned will be placed on C.O.D. terms
with a cash advance required.
TERMS &
FINANCE CHARGES
Trade accounts are available with credit
limits and terms. Ratings are determined by PSI's Corporate Credit
Department. You must provide bank and five trade references. COMPANIES
IN VIOLATION OF THE TERMS AGREED UPON WILL BE PLACED FOR COLLECTION.
Finance charges are 1.5% per month on the unpaid balance at the end of the
month for the entire month if not received at our Post Office box by the
last working day of the month. The minimum charge is $25.00 per invoice.
GOVERNING LAW
The foregoing statements shall be construed, interpreted,
and governed by the laws of the State of Michigan and the Uniform
Commercial Code and the United States Copyright Act, et al Section 117, and
International Copyright Treaties. The Software License Agreement is to be
read in the context of the Copyright Act--the License does not abrogate or
replace the general application of the Copyright Act in any degree.
A violation of Copyright
legislation is a felony and is punishable for all parties using such
software should expect to be hit with severe fines and long prison terms.
Do not ask your employees to commit any kind of felony. And, please do not
ask any of our employees to participate in working on, aiding you, or
installing software for which you do not have licensing rights of use. |
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Internet
Legal Page/Disclaimer
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| Lawyers keep us out of trouble by
giving us good advice on how to run our businesses. Sometimes,
though, the legalese is mystifying as well as very complex. This
section of our Terms and Conditions will attempt to simplify those
terms.
We've read, written, and negotiated many
contracts over the last quarter century (that's over 25 years for those who
don't like math) and we know how frustrating it is trying to figure out all
the what and wherefores. This stuff with the Internet is really wild and
the laws are still trying to catch up. There are a lot of International
Governments trying to regulate what we can and can not say even though we
are not citizens of their countries. These Governments would also
like to come after us if one of their citizens is exposed to something that
the Government itself does not permit. Such as freedom of speech in
China. Nevertheless, business is business and certain observations must be
made by us in making sure we stay in business.
We'll try to take the legalese out of what the
lawyers approved and translate it in simple third grade English so everyone
knows the rules by which we play. So be a smart surfer and read the stuff
on this page. It might just keep you from hearing from our lawyer, or worse
yet, from really nasty people, like prosecutors or even your Government.
Here's the deal: The PARTNER STORES, INC.
site, which includes any site upon which the PSI name is stated, is so
that you and others can use it for personal entertainment, information,
education, and communication. So go ahead and select any menu item you want
and surf all the sites. You can even download stuff from the sites but only
for non-commercial, personal use unless we say it is for commercial use. If
you do, though, don't fool around with the copyright and other notices all
over the stuff. They're there for a really good reason. And don't even
think about distributing, modifying, transmitting, reusing, re-posting, or
anything else with any of the stuff, including text, images, audio, and
video, for public or commercial purposes unless we give you written
permission. Carte' blanche approval is provided for personal scholarship or
by online indexing services. If you visit our site, you are also legally
stuck with the terms and conditions listed above and below as well as any
other law or regulation that applies to the site, the Internet, and the
World Wide Web, or Michigan. You shouldn't access or browse the site if you
have any problem with that, because once you start, there's no turning
back, you are stuck with the terms and conditions. If any of our
sites talk about freedom of expression and your Government does not allow
you that opportunity, then you are taking all the risk. We can not
and will not be held responsible for any actions which you take on your own
volition, whether you have the legal right or do not have the legal right.
For everyone's sake, just assume that everything
on the site is copyrighted (EVERYTHING). So
you can't use the stuff except how we say you can on this page or anywhere
else on the site without our written permission.
Speaking of asking permission to use... certain
conditions may exist and these will be provided at the time a request is
received. Such as a monetary payment for use or even a royalty (that's a
payment every time you use it forever).
While we try to include accurate stuff on the
site, we're not promising you it's accurate. In fact, we're not promising
you anything except fun and entertainment. So if you use stuff on the site,
you're using it at your own risk. Don't call us if there's a problem
because we assume no liability or responsibility for errors or omissions on
the site.
We and anybody else who helped us create,
produce, or deliver the site are not liable for any damages you suffer when
you use it. In particular, the lawyers want you to know that our disclaimer
includes " direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, the site. Without
limiting the foregoing, everything on the site is provided to you
'AS
IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some of
the above exclusions may not apply to you. Check your local laws for any
restrictions or limitations regarding the exclusion of implied
warranties." And we don't provide warranties on anything we sell for
someone else. The "someone else" may be a hardware or software
manufacturer or publisher or service organization and if you have a
problem, you must take it up with them... leave us out of it as we have no
control over their screw ups. Although, we reserve the right to substitute
an item which we think is better than what you ordered, if you ordered
anything at all. Sometimes we fine unscrupulous software publishers and
hardware manufacturers to would prefer screwing you rather than allowing
you to have a product that works. In which case, we will refuse to sell
that product but because the manufacturer or publisher might sue us for
liable, we won't tell you why we won't sell it... we will just not honor
your order and will suggest a better product... one that will help to make
us look good and you a lot happier.
The bottom line, of course, is that we're not
responsible if you're browsing around and the site damages you or your
computer or infects it with any nasty viruses. We sure hope that doesn't
happen, but if it does, don't call us.
If you don't want the world to know something,
don't post it on the site in any bulletin board or anyplace else. That's
because anything you disclose to us is ours. That's right, ours. So we can
do anything we want with the stuff you post, including email received. We
can reproduce it, disclose it, transmit it, publish it, broadcast it, and
post it someplace else. Not only that, we can even use any ideas, concepts,
know-how, or techniques you post any way we want to, including developing,
manufacturing, and marketing products, or other stuff using the information
you post.
Pictures of people or places shown on the site
are either our property or someone else's property we're using with their
permission. No matter what, it's definitely not your property. You or any
of your surfer friends can't use it unless we said you can on this page or
somewhere else on the site. So be careful, because unauthorized use may
violate all sorts of nasty laws. Be smart; keep the stuff you download to
yourself unless we say otherwise
IN WRITING.
There's also a lot of trademarks, logos, and
service marks on the site, including ones like IBM,
Gateway, OLYMPUS CAMERA, Kodak, Microtek ScanMaker, Visioneer Paper
Port Strobe, and others that we're using with permission. So don't think
you have any kind of license or right to use them, because you don't and
we're not about to give you one. If you don't leave them alone and mess
with the trademarks, logos, and service marks on our site, we'll probably
go nuts and so will the owners of those marks and logos. That means that
we're likely to sue you or to ask a prosecutor to come after you for
messing around with our property or the property of others.
Notice we've linked our site to a lot of others.
We did this for your benefit so that you can visit our vendors and
suppliers as well as sites that we like. We haven't totally checked those
sites out nor do we have a schedule for periodically making sure there
isn't any bad stuff on them. So don't blame us if some site you link to is
bad or has stuff on it that offends you. Go ahead and link, but remember,
you're doing it at your own risk.
That brings us to what you do on our own site. We
check our site often to insure that our links and bookmarks work within the
site. We do everything we can (boy our lawyers dislike that phrase) to
maintain an integrity. However, we expect you to report to us anything you
find not meeting with your approval rather than whine to your friends about
how screwed up our site is to you. Be a responsible surfer and send us
e-mail when you find a broken link (we do change our links frequently as
our site is dynamic in nature) or even a misspelling (yes, we use a spell
checker but some words escape the checker because the spelling is correct
but the use of it is not... such as rain or rein). As far as the content of
any linked site, we take no responsibility and assume no liability for the
content of those locations or for any mistakes, defamation, libel, slander,
omissions, falsehoods, obscenity, pornography, or profanity you might
encounter when you visit such places. And don't be stupid by posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, nasty, mean, or profane material or
any material that law enforcement types may consider a criminal offense,
get someone in court on a civil lawsuit, or for that matter violate any law
anywhere, anytime. While we certainly respect your privacy, we have no
choice but to fully cooperate with any law enforcement authorities or court
that asks us who might have posted nasty stuff on our site.
We're allowed to change this page or anything
else on the site any time we want to. That's because it's ours and we have
the programmers who can do it. If we do change the page, then you're stuck
with those changes, too, whenever you visit our site.
If this all sounds kind of mean and undiplomatic,
you should have seen what the lawyers gave to us in the first place. We had
to remind them that human torture and sacrifice was outlawed in the United
States and that most people, including ourselves, have difficulty
understanding all that legal mumbo jumbo. |
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COPYRIGHTS |
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SITE SPECIFIC
You should assume that everything you see or read on the
Site is copyrighted unless otherwise noted and may not be used except as
provided in these Terms and Conditions or in the text on the Site without
the written permission of PSI. PSI neither warrants nor represents
that your use of materials displayed on the Site will not infringe rights
of third parties not owned by or affiliated with PSI.
While PSI uses reasonable efforts to include accurate
and up-to-date information on the Site, PSI makes no warranties or
representations as to its accuracy. PSI assumes no liability or
responsibility for any errors or omissions in the content on the Site.
BROWSING
Your use and browsing of the Site is at your risk.
Neither PSI nor any other party involved in creating, producing, or
delivering the Site is liable for any direct, incidental, consequential,
indirect, or punitive damages arising out of your access to, or use of, the
Site.
AS IS ETC
Without limiting the foregoing, everything on the Site is
provided to you "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of the above exclusions may
not apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties. PSI also assumes no
responsibility, and shall not be liable for any damages to, or viruses that
may infect, your computer equipment or other property on account of your
access to, use of, or browsing in the Site or your downloading of any
materials, data, text, images, video, or audio from the Site.
COMMUNICATIONS
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by PSI or its
sub-contractors for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore,
PSI is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
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IMAGES ETC
Images of people or places displayed on the
Site are either the property of, or used with permission by, PSI. The
use of these images by you, or anyone else authorized by you, is prohibited
unless specifically permitted by these Terms and Conditions or specific
permission provided elsewhere on the Site. Any unauthorized use of the
images may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
MARKS & LOGOS
The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the Site are registered trademarks
and unregistered Trademarks of others. Nothing contained on the Site should
be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the Site without the
permission of PSI or such third party that may own the Trademarks
displayed on the Site. Your misuse of the Trademarks displayed on the Site,
or any other content on the Site, except as provided in these Terms and
Conditions, is strictly prohibited. You are also advised that PSI will
aggressively enforce its intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution.
LINK CONTENT
ETC
PSI has not reviewed all of the sites linked to the
Site and is not responsible for the contents of any off-site pages or any
other sites linked to the Site. Your linking to any other off-site pages or
other sites is at your own risk.
MONITOR OF
POSTINGS
Although PSI may from time to time monitor or review
postings, transmissions, and the like on the Site, PSI is under no
obligation to do so and assumes no responsibility or liability arising from
the content of any such locations nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information contained within such locations on
the Site. You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane materials or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. PSI will fully cooperate
with any law enforcement authorities or court order requesting or directing
PSI to disclose the identity of anyone posting any such information or
materials.
PSI may at any time revise these Terms and Conditions
by updating this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the current Terms and
Conditions to which you are bound. |
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