Terms & Conditions
This Web site is owned and operated by Recorders.com. All
contents of this Web site are: Copyright © 2008-2009 Recorders.com Inc. 7301 Burnet Rd.
Suite 102 Austin, TX 78757-2250, U.S.A., or third-party content providers and
are protected by international copyright law. All rights reserved. This Web site
is for the User's personal, noncommercial use. If you download any material, you
must keep all copyright and other notices intact. The right to use it is not
transferable to any other person or entity.
and the logo are
trademarks of Recorders.com Inc. 7301 Burnet Rd. Suite 102 Austin, TX 78757-2250, U.S.A..
U.S. Terms and Conditions of Sale
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS FOR VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY. THESE TERMS AND CONDITIONS CONTAIN A DISPUTE
RESOLUTION CLAUSE. These terms and conditions ("Agreement") apply to your
purchase of digital recorders and/or related products (“Product”) from
Recorders.com in the United States. By accepting delivery of the Product, you
agree to be bound to the terms and conditions of this Agreement.
This privacy notice discloses the privacy practices for www.recorders.com.
This privacy notice applies solely to information collected by this web site.
It will notify you of the following:
- Other Documents. This Agreement may NOT be altered, supplemented, or amended unless
except by a written agreement signed by both you and Recorders.com.
- Payment Terms; Orders; Quotes; Interest. Payment must be received by Recorders.com
prior to Recorders.com's acceptance of an order. Payment for the products will be made by
credit card, wire transfer, or some other prearranged payment method unless credit terms
have been agreed to in writing by Recorders.com. Invoices are due and payable from the
date of the invoice unless a different payment term has been agreed to in writing and is
stated on the invoice. Recorders.com reserves the right to invoice parts of an order
separately. Your order is subject to cancellation by Recorders.com at Recorders.com's sole
discretion. Recorders.com is not responsible for pricing, typographical or other errors in
any offer by Recorders.com.
- Shipping Charges; Taxes; Risk of Loss. Shipping and handling are additional unless
otherwise expressly indicated in writing at the time of sale. Title to the Product passes
from Recorders.com to Customer on shipment from Recorders.com's facility. Loss or damage
during shipping by a carrier selected by Recorders.com is Recorders.com's responsibility.
Loss or damage during shipping by a carrier selected by you is your responsibility. You must
notify Recorders.com within 7 days of the date of your invoice or acknowledgement if you
believe any part of your purchase is missing, wrong or damaged. Unless you provide
Recorders.com 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. Shipping dates are estimates only.
- Warranties. WARRANTY AND SERVICE FOR ANY PRODUCTS IS PROVIDED SOLELY BY THE ORIGINAL
MANUFACTURER, NOT BY RECORDERS.COM. RECORDERS.COM MAKES NO EXPRESS WARRANTIES. THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
- Software. All software, if any, is provided subject to the license agreement that is part
of the software package and you agree that you will be bound by such license agreement. Title
to software will remain with the applicable licensor(s).
- Return Policies; Exchanges Recorders.com's return policy can be found at
http://www.recorders.com/returns You must contact us directly to obtain a Return Material
Authorization Number for you to include with your return. You must return the Product to us in
its original packaging. You are responsible for risk of loss, shipping and handling fees for
returned or exchanged Product. Recorders.com is not responsible for Product that is lost, damaged,
modified or otherwise processed for disposal or resale if you fail to follow the return or exchange
instructions and policies provided by Recorders.com.
- Limitation of Liability. RECORDERS.COM DOES NOT ACCEPT LIABILITY FOR PRODUCT NOT BEING
AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE,
OR THE PROVISION OF SERVICES AND SUPPORT. RECORDERS.COM WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT,
RECORDERS.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED BY
RECORDERS.COM AND PAID FOR BY YOU FOR THE APPLICABLE PRODUCT. THE REMEDIES SET FORTH IN THIS AGREEMENT
SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
- Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and
regulations of the various states and of the United States. You agree and represent that you are
buying only for your own use only, and not for resale or export.
- Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE
OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RECORDERS.COM arising from
or relating to this agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this agreement, Recorders.com's advertising, or any related purchase
SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF
TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND
EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RECORDERS.COM, its agents, employees, principals, successors,
assigns, affiliates (collectively for purposes of this paragraph, "Recorders.com") arising from or
relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the full extent permitted by applicable
law, relationships with third parties who are not signatories to this Agreement), Recorders.com's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect
(available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The
arbitration will be limited solely to the dispute or controversy between customer and Recorders.com.
NEITHER CUSTOMER NOR RECORDERS.COM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the
Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and
binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Recorders.com will be responsible for paying any arbitration filing fees and fees required to obtain
a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the
court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs
and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the
prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator
may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN