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IMPAKT Satellite Products :: Help zone

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Terms & Conditions

Terms and Conditions

PLEASE READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the IMPAKT Satellite Products website located at http://www.impaktproducts.com (hereafter referred to as the "Online Store"). The Online Store is the property of IMPAKT Satellite Products Inc hereafter referred to as “IMPAKT Products”. Before you proceed with your purchase using our shopping cart equipped online store, BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE ONLINE STORE.

IMPAKT Products reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Online Store. Your continued use of the Online Store following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, IMPAKT Satellite Products grants you ("Online Member") a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Online Store.

1.Content, Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Online Store (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Online Store is owned or licensed by or to IMPAKT Satellite Products, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Online Store and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without IMPAKT Product’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and IMPAKT Products reserves all rights not expressly granted hereunder. IMPAKT Products expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Online Store.

IMPAKT Products, , all custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of IMPAKT Satellite Products Inc. All other trademarks or service marks are property of their respective owners. The use of any IMPAKT Products trademark or service mark without IMPAKT Product's express written consent is strictly prohibited.

2. Registration, Customer Accounts; Use of Online Store. Certain services offered on or through the Online Store require you to “Login” or “Sign-in”. You are responsible for maintaining the confidentiality of your “User Name and Password” information, and for all activity that occurs under your account. You agree to notify IMPAKT Products immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by IMPAKT Products or any other user of the Online Store due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Online Store. Should you attempt to do so, assist others in making such attempt, or distributing instructions, software or tools for that purpose, then your account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Online Store or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Online Store or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Online Store. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Online Store or any of the systems or networks comprising or connected to the Online Store.

You also agree that IMPAKT Products may, in its sole discretion and without prior notice to you, terminate your access to your Account and the Online Store Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Online Store or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Online Store or any service offered on or through the Online Store, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that IMPAKT Products will not be liable to you or to any third party for termination of your access to the Online Store.

3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Online Store, register, and make purchases. As a condition of registering with our Online Store or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Online Store, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While IMPAKT Products takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL IMPAKT Products OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER IMPAKT Products WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Consent To Our Communication With You By E-Mail. By establishing an Account Login with us, and each time you make a purchase through our Online Store, you grant permission for IMPAKT Products to contact you at your e-mail address. To stop receiving our marketing emails, simply follow the opt-out / unsubscribe procedure set forth in such marketing emails or contact us by either phone or email.

5. Conditions of Sale, Payment Terms and Return Policy. To purchase any goods and/or services on our Online Store, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Online Store, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless stated in the product description, all sales of products and services are final. All charges from those sales are nonrefundable. All equipment described as "refurbished","b-stk" or used is sold "AS IS" and should be checked within 24 hours of receipt. Report any problem within 24 hours of receipt. All other items; should anything be wrong with the unit when purchased send it back within 3 business days of the delivery date and receive a full refund or exchange and free return shipping. If after 3 days and up to the first 30 days you will receive an over-the-counter exchange for the same item or one of equal value.  No returns after 30 days. All returns must be approved by IMPAKT Products and at IMPAKT Products sole discretion; may approve or deny and or access a 10% percent restocking fee.  You further agree; the warranty is voided and no refund will be issued should the item be returned with a broken warranty seal, missing items and other charges may be accessed if the equipment is not returned in its original condition.

6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA or MasterCard or Discover, (each of which may be removed by IMPAKT Products in its sole discretion). Unless expressly set forth on the IMPAKT Products site, we do not accept any other online payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT IMPAKT Products, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify IMPAKT Products of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If IMPAKT Products does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by IMPAKT Products or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. IMPAKT Products shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Massachusetts and any other states or localities that deems it is required.

7. Products Terms of Use and Declaration of Intent:
The Online Member understands that certain cable/satellite television equipment sold legally may nevertheless be used in an unauthorized manner to aid in the theft of cable/satellite television services. As an inducement to the dealer to sell Online Member cable/satellite equipment, Online Member, hereby declare, under penalties of perjury, that Online Member understand that federal law and various state and local laws provide for substantial criminal and civil penalties for the theft of cable/satellite television services, and that all products that Online Member purchase from IMPAKT Products, now and in the future, will not be used to intercept any cable/satellite television signal without proper authorization from Online Member's local cable/satellite company and payment of all lawful charges, and Online Member will only use the equipment in accordance with all applicable federal, state and local laws.

IMPAKT Products is selling Online Member equipment so that Online Member may use in a legitimate way as intended. It is not the intent of IMPAKT Products to defraud any cable/satellite company, and IMPAKT Products will not assist any individual in doing so. Receiving cable/satellite signals without proper payment is a crime. It is the Online Member's responsibility to notify their cable/satellite company of any equipment they may have, and must obtain permission to use such equipment. IMPAKT Products will not be held responsible for any damages physical or legally that may be incurred while using equipment purchased from IMPAKT Products. Online Member must comply with all federal, state and local laws regarding private ownership of cable/satellite TV equipment.

In the event that the Online Member is a dealer located in cable/satellite television area, the Online Member will not advertise such products with the intent that any purchaser buy the equipment for the purpose of aiding in any theft of cable/satellite television services, nor will the Online Member sell or otherwise transfer any equipment the Online Member has purchased from IMPAKT Products to any third party who the Online Member know or may suspect will use any such cable/satellite equipment for the theft of cable/satellite television services. As an inducement to the dealer, the Online Member agrees to indemnify IMPAKT Products for any liabilities, cost or expense which may incur, including but not limited to attorney fees and court costs, as a result of my breach of the foregoing declaration.

Title 47 of the United States Code 553 (a)(1) states that:

No person shall intercept or receive or assist in intercepting or receiving any communications service offered over a cable system, unless specifically authorized to do so by a cable operator or as may otherwise be specifically authorized by law.

By placing an order, the Online Member states that he/she is of legal age and those products ordered will only be used in a lawful manner. It is the sole responsibility of the end user to ensure compliance with Federal, State and Local laws when using these products.

Online Member agrees to hold IMPAKT Products, it’s owners, employees and affiliates free of any claims, actions, legal and/or court fees brought against him/her in connection with any use/misuse of products ordered from this web site and/or products from external sites. Online Member further agrees to hold and save harmless distributor from any and all claims, liabilities, disputes and expenses such as attorney's fees from third parties resulting from improper use (i.e. hacking or pirating encoded pay satellite signal) of the equipment furnished by distributor, including but not limited to attorney fees and court costs.

8. Order Acceptance Policy.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. IMPAKT Products reserves the right at any time after receipt of your order to accept or decline your order for any reason. IMPAKT Products further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by IMPAKT Products upon our delivery of products or services that you have ordered. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

9. No Responsibility To Sell Mistaken priced Products Or Services. IMPAKT Products shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. IMPAKT Products shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, IMPAKT Products shall immediately issue a credit to your credit card account in the amount of the charge.

10. Modifications to Prices or Billing Terms. IMPAKT Products RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE ONLINE STORE OR BY E-MAIL DELIVERY TO YOU.

11. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

12. Indemnification. You agree to indemnify and hold harmless IMPAKT Products and its parents, sister companies, subsidiaries, affiliates, service providers, other Online Members, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

13. Disclaimer of Warranties. THE ONLINE STORE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF IMPAKT Product’s PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, IMPAKT Products EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE IMPAKT Products ONLINE STORE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

14. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE ONLINE STORE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE ONLINE STORE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL IMPAKT Products OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE IMPAKT Products ONLINE STORE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE ONLINE STORE, OR OTHERWISE ARISING OUT OF THE USE OF THE IMPAKT Products ONLINE STORE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF IMPAKT Products HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE ONLINE STORE, THE MAXIMUM LIABILITY THAT IMPAKT Products SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO IMPAKT Products BY ONLINE MEMBER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS OR CHARGES TO THE ONLINE MEMBER AND SHALL NOT BE THE RESPONSIBILITY OF IMPAKT Products. THE ONLINE MEMBER AGREES TO PAY THE ADDITIONAL CHARGES INVOICED TO IMPAKT Products BY CARRIER FOR SAID CHANGES OR CORRECTION(S) USING SAME PAYMENT METHOD ON MEMBER'S ACCOUNT. ONLINE MEMBER AUTHORIZES IMPAKT Products TO CHARGE SAME PAYMENT METHOD THE AMOUNTS CHARGED AS A RESULT OF SAID ADDRESS CORRECTIONS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

15. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), IMPAKT Products will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the IMPAKT Products and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, IMPAKT Products will terminate the infringing customer's account. IMPAKT Products may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), IMPAKT Products has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. IMPAKT Products respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the IMPAKT Products website, please mail your request to IMPAKT Satellite Products, PO Box 360444, Columbus, Ohio 43236

Any written notice describing the infringing activity must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
  2. A description of the allegedly infringing work or material;
  3. A description of where the allegedly infringing material is located on the site;
  4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
  6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

 

16. General. Delay or failure to take action under this Terms of Use shall not constitute any waiver by IMPAKT Products of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severe-able in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of IMPAKT Product’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of OHIO without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Cuyahoga County, in the State of OHIO. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. IMPAKT Products may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between IMPAKT Products and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Sincerely,

IMPAKT Satellite Products
 

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