Journey Systems™, LLC Terms of Service
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Journey Systems™, LLC. or any of its subsidiaries or affiliates (collectively, “Journey Systems”). By accepting delivery of the product(s) purchased from Journey Systems™ and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Journey Systems™. These terms and conditions are subject to change without prior written notice at any time, in Journey Systems™'s sole discretion.
DEFINITIONS
1. 1.1 “We”, “us” and/or “our” means Journey Systems™.2. 1.2 “You” or “your” means the individual or entity named on the invoice.
Table of Contents
- PAYMENT TERMS, ORDERS, AND INTEREST
- TAXES
- SHIPPING, TITLE AND RISK OF LOSS
- RETURN POLICY
- PRODUCT WARRANTY FOR DOMESTIC CUSTOMERS AND DISCLAIMER OF WARRANTIES
- INTERNATIONAL WARRANTIES
- LIMITATION OF LIABILITY
- SOFTWARE
- PRODUCTS
- APPLICABLE LAW AND NOT FOR RESALE
- GOVERNING LAW
- EXPORT
- MISCELLANEOUS PROVISIONS
- USE RESTRICTIONS
1. PAYMENT TERMS, ORDERS, AND INTEREST
Payment Terms, Orders, and Interest. Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. We reserve the right to cancel an order or transaction, in whole or in part. Terms of payment are within Journey Systems™'s sole discretion, and unless otherwise agreed to in writing by Journey Systems™, payment must be received by Journey Systems™ before Journey Systems™'s acceptance of an order. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. Journey Systems™ may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. Journey Systems™ is not responsible for pricing, typographical or other errors in any offer by Journey Systems™ and we reserve the unilateral right to cancel any orders resulting from such errors.
2. TAXES
Taxes. Unless you provide Journey Systems™ with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.
3. SHIPPING, TITLE AND RISK OF LOSS
Shipping, Title and Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Journey Systems™ is Journey Systems™'s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. Shipping dates are only estimates. You must notify Journey Systems™ of damaged or missing items from your order within fourteen (14) calendar days after you receive your product.
4. RETURN POLICY
Return Policy. You may return Journey Systems™-branded products purchased directly from Journey Systems™ in accordance with Journey Systems™'s Return Policy, which may be viewed at the following URL: http://www.journeysystems.com/support/warranty/. Please keep in mind that, among other things, you: (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.
5. PRODUCT WARRANTY FOR DOMESTIC CUSTOMERS AND DISCLAIMER OF WARRANTIES
Product Warranty for Domestic Customers and Disclaimer of Warranties. THE PRODUCT WARRANTY APPLICABLE TO Journey Systems™-BRANDED PRODUCTS MAY BE VIEWED ON-LINE AT THE FOLLOWING URL: http://www.journeysystems.com/support/warranty/. THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-Journey Systems™ BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. WARRANTY AND SERVICE FOR NON-Journey Systems™ BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY Journey Systems™. Journey Systems™ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN Journey Systems™'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND Journey Systems™ WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON Journey Systems™'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
6. INTERNATIONAL WARRANTIES
There is NO WARRANTY for International Customers, as we do not sell any products Internationally.
7. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY. Journey Systems™ DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Journey Systems™ WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, Journey Systems™ IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
8. SOFTWARE
Software. All software is provided subject to the license agreement that is part of the package you receive from Journey Systems™. You agree to be bound by the license agreement once the package is opened or its seal is broken. Journey Systems™ does not warrant any software under this Agreement.
9. PRODUCTS
Products. Journey Systems™ continually upgrades and revises its products and service offerings. Journey Systems™ may revise and discontinue products at any time without prior notice to customers. Journey Systems™ will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Journey Systems™ products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted Journey Systems™ SKU numbers for Journey Systems™-branded hardware products are of the quality specified by Journey Systems™ on its website and conform in all material respects with the Journey Systems™ product specification current on the date such products were shipped.
10. APPLICABLE LAW AND NOT FOR RESALE
Applicable Law and Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.
11. GOVERNING LAW
Governing Law. This Agreement and any sales hereunder shall be governed by the laws of the state of Ohio, without regard to conflicts of laws principles.
12. EXPORT
Export. You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of Journey Systems™. Journey Systems™ has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use. Journey Systems™ WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.
13. MISCELLANEOUS PROVISIONS
Miscellaneous Provisions. You will not register or use any Internet domain name that contains a Journey Systems™ trademark or trade name (i.e., Journey Systems™) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
14. USE RESTRICTIONS
Use Restrictions Journey Systems™, LLC. is a designer and builder of custom pc based controllers. Journey Systems™, LLC. retains all rights to the designs, layout and configurations of said controllers. All information provided by Journey Systems™, LLC. to the customer about these PC base controllers is owned by Journey Systems™ LLC. and may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Only with prior written permission of Journey Systems™, LLC, will permission to copy, reproduced, distributed, republished, downloaded, displayed, post or transmit any information be granted. By requesting a design quote by Journey Systems™, LLC, the client agrees to these terms and conditions. If the customer breaches any of these terms or conditions the customer must immediately return or destroy any materials pertaining to the design and configuration of the controller. Any unauthorized use of any materials pertaining to the design and configuration of the pc based controller may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. This Agreement and any sales hereunder shall be governed by the laws of the state of Ohio, without regard to conflicts of laws principles. Journey Systems™, LLC will not be held liable for any damages, mistakes, or mishaps, nor loss of data resulting from any other system builder using and redesigning a pc based controller, from a design belonging to Journey Systems™, LLC.
