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PLEASE READ THIS DOCUMENT CAREFULLY! IT
CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS
WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS AND
CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and
conditions that apply to your purchase from the DictationPro.com entity
named on the invoice ("Versatile Information Products, Inc." or
DictationPros) that will be provided to you ("Customer") on orders for
products sold in the United States. By accepting delivery of the products
described on that invoice, Customer agrees to be bound by and accepts
these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS
THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH
Versatile Information Products, Inc., IN WHICH CASE THE SEPARATE AGREEMENT
SHALL GOVERN; OR (ii) UNLESS OTHER
Versatile Information Products, Inc. STANDARD TERMS APPLY TO THE
TRANSACTION. These terms and conditions are subject to change without
prior written notice at any time, in Versatile Information Products, Inc.
sole discretion.
1. Other Documents. These terms and
conditions may NOT be altered, supplemented, or amended by the use of any
other document(s) unless otherwise agreed to in a written agreement signed
by both Customer and DictationPro.com
2. Governing Law. THIS AGREEMENT AND ANY
SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest.
Terms of payment are within DictationPros.com\’s sole discretion, and
unless otherwise agreed to by DictationPros.com, payment must be received
by DictationPros.com prior to DictationPros.com acceptance of an order.
Payment for the products will be made by credit cards, wire transfer, or
some other prearranged payment method unless credit terms have been agreed
to in writing by DictationPros.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. DictationPros.com may invoice
parts of an order separately. Orders are not binding upon
DictationPros.com until accepted by DictationPros.com. Any quotations
given by DictationPros.com will be valid for the period stated on the
quotation. DictationPros.com is not responsible for pricing, typographical
or other errors in any offer by DictationPros.com. All orders are subject
to cancellation by DictationPros.com at the sole discretion of
DictationPros.com. Customer agrees to pay interest on all past-due sums
at the highest rate allowed by law.
4. Shipping Charges; Taxes. Shipping and
handling are additional unless otherwise expressly indicated in writing at
the time of sale. Separate charges for shipping and handling will be
shown on DictationPros.com's invoice(s). Unless Customer provides
DictationPros.com with a valid and correct tax exemption certificate
applicable to the purchase of product and to the product ship-to location
prior to DictationPros.com's acceptance of the order, the Customer is
responsible for sales and all other taxes associated with the order. If
applicable, a separate charge for taxes will be shown on
DictationPros.com's invoice.
5. Title; Risk of Loss. Title to products
passes from DictationPros.com to Customer on shipment from
DictationPros.com's facility. Loss or damage that occurs during shipping
by a carrier selected by DictationPros.com is DictationPros.com\’s
responsibility. Loss or damage that occurs during shipping by a carrier
selected by Customer is Customer's responsibility. You must notify
DictationPros.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. Shipping dates are estimates only.
6. Warranties; Disclaimers.
DictationPros.com DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF'
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Return Policies; Exchanges.
DictationPros.com products of faulty quality that are purchased directly
from DictationPros.com by an end-user Customer may be returned by Customer
to DictationPros.com for refund or product replacement.
Dictationpros.com return policy can be found at http:/dictationpros.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 of products.
DictationPros.com is not responsible for products 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
DictationPros.com.
8. 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).
9. Products. DictationPros.com attempts to be
as accurate as possible. However, DictationPros.com does not warrant that
product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by
DictationPros.com itself is not as described, your sole remedy is to
return it in unused condition. DictationPros.com's policy is one of
on-going product update and revision. DictationPros.com may revise and
discontinue products at any time.
10. Limitation of Liability.
DictationPros.com DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY
REASON. DictationPros.com
WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, 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.
11. Arbitration. Any claim, dispute or
controversy (whether in contract, tort, or otherwise, whether
pre-existing, present or future, and including statutory, common law,
intentional tort and equitable claims) against DictationPros.com, its
agents, employees, successors, assigns or affiliates (collectively for
purposes of this paragraph, " DictationPros.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),
DictationPros.com's advertising, any related purchase, including the
validity of this arbitration clause 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 conducted before a single
arbitrator, and will be limited solely to the dispute or controversy
between Customer and DictationPros.com. 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. Information may be
obtained and claims may be filed at any office of the NAF or at P.O. Box
50191, Minneapolis, MN 55405.
12. Applicable Law; Not For Resale or Export.
Customer agrees to comply with all applicable laws and regulations of the
various states and of the United States. Customer agrees and represents
that it is buying for its own internal use only, and not for resale or
export.
13. Acceptance. By ordering any product from
DictationPros.com, whether by the internet, telephone, facsimile or
otherwise, the customer agrees to be bound by these Terms and Conditions
of Sale.
Questions regarding
our Terms and Condition, Privacy Policy, or other policy related material
can be directed to our support staff by clicking on the "Contact Us" link
in the side menu. Or you can email us at:
sgaskins@versatileinformation.com.
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