TERMS OF USE
1.
THIS IS AN AGREEMENT.
This is an agreement between you and
Internet Solutions LLC., dba ("HiTech
Wireless"). This agreement is referred
to as this "Purchase Agreement". This
Purchase Agreement governs your online
purchase of any goods or services from
any Web site operated by HiTech
Wireless. This includes, but is not
limited to, this Web site and the Web
site associated with HiTech Wireless and
HiTech Wireless.com. In this Agreement,
each Web site operated by HiTech
Wireless is referred to individually as
a "HiTech Wireless Web Site," and
collectively as "HiTech Wireless Web
Sites", and the "HiTech Wireless
Parties" means HiTech Wireless and its
affiliates, and their respective
shareholders, owners, members,
directors, managers, partners, officers,
employees, attorneys, agents and
representatives. Any HiTech Wireless Web
Site may contain additional terms that
further govern purchases made on that
HiTech Wireless Web Site, all of which
are incorporated by reference in this
Purchase Agreement. Those additional
terms include those that appear in
online notices relating to certain
information, products, software,
services or features being sold. Your
submission of any order for the purchase
of any goods or services through a
HiTech Wireless Web Site constitutes
your acceptance of the terms of this
Purchase Agreement, including any
applicable additional terms. If you do
not agree with any of the provisions of
this Purchase Agreement or with any of
the additional terms that are a part of
this Purchase Agreement, do not make a
purchase. If any terms of this Purchase
Agreement that are not additional terms
conflict with any of the additional
terms, then the terms of this Purchase
Agreement that are not additional terms
shall control. ORDERS ARE RECEIVED FROM
YOU ON OR THROUGH HITECH WIRELESS WEB
SITES ON THE CONDITION THAT YOU ACCEPT
ALL OF THE TERMS OF THIS PURCHASE
AGREEMENT WITHOUT MODIFICATION. YOUR
SUBMISSION OF AN ORDER CONSTITUTES YOUR
ACCEPTANCE OF THIS AGREEMENT WITHOUT
MODIFICATION.
2.
PRODUCT DESCRIPTIONS.
HiTech Wireless product descriptions are
not designed or intended to replace your
personal product knowledge, experience
and/or research. We strive to be
accurate in our product descriptions,
information content, pricing, links and
any other product information contained
in or referenced on our site. However,
occasional human error may occur and we
therefore cannot and do not guarantee
that all product descriptions,
specifications, pricing or any other
content on the site is entirely
accurate, complete, or current.
3.
PRODUCT COLOR.
HiTech Wireless Web Sites attempt to
display product images as accurately as
possible. However, we cannot guarantee
that the color you see matches the
actual product color, as the display of
the color depends, in part, upon the
monitor you are using.
4.
MANUFACTURERS'
WARRANTIES. The only warranties
that are made with regard to products
and services purchased through HiTech
Wireless Web Sites are those, if any,
that are issued by the manufacturer or
the provider of the service. If a
manufacturer's or provider's warranty is
provided to you with an item or service
purchased, the terms of that warranty
will govern the existence and scope of
the manufacturer's warranty to you.
5.
PRICING. All
pricing is subject to change. For all
prices, products and offers, HiTech
Wireless reserves the right to make
adjustments due to changing market
conditions, product discontinuation,
manufacturer price changes, errors in
advertisements and other extenuating
circumstances.
6.
PAYMENT POLICY.
Visa, Mastercard, American Express and
Discover are accepted, and there is no
surcharge for their use. We do not
submit credit card charges until time of
shipment. However, we may pre-authorize
your order amount with your credit or
debit card issuer at the time you place
the order, which may have an effect on
your available credit line. Please
contact your credit card issuer for more
information.
HiTech
Wireless will accept personal and
business checks for prepay orders, but
will not ship until the checks clear,
which can take as many as 10 business
days, or more.
Purchase
Orders are accepted from
Corporate,
Government and Educational Institutions.
All purchase orders are due
within 30 Days of invoice date. Finance
charges are assessed on delinquent
accounts over 45 days at a rate of 1.3%.
7.
ERRORS. Prices
and availability of products and
services are subject to change without
notice. Errors will be corrected where
discovered, and HiTech Wireless reserves
the right to revoke any stated offer and
to correct any errors, inaccuracies or
omissions including after an order has
been submitted and 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 cancelled, HiTech
Wireless will issue a credit to your
credit card account in the amount of the
charge. Individual bank policies will
dictate when this amount is credited to
your account. If you are not fully
satisfied with your purchase, you may
return it in accordance with HiTech
Wireless's Return Policy.
8.
CHANGING ORDERS.
You may request a change to your order,
provided your order has not already been
charged. Please call during business
hours to change your order. Please
always have your order number ready.
Please never request change to your
order via e-mail as we may not receive
it in time.
9.
CANCELING ORDERS.
You may request a cancellation of your
order, provided your order has not
already been processed and shipped.
Please call during our business hours to
cancel your order. If your account has
already been charged, you will receive a
credit back to your account within
approximately 1-2 business days. Please
never request cancellation of an order
via e-mail as we may not receive it in
time.
10.
VALIDATING YOUR ORDER.
After you place an order using our
shopping cart, we will check the
information you give us for validity,
verifying your method of payment or
shipping address. We reserve the right
to reject any order you place with us,
and/or to limit quantities on any order,
without any reason. If we reject your
order, we will attempt to notify you
using the e-mail address you have given
us with the order. Your credit or debit
card will normally not be charged if we
reject an order, but we will process a
refund if the charge has been made
against your card.
11.
ORDER ACCEPTANCE /
CONFIRMATION. 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. HiTech Wireless reserves the right
at any time after receipt of your order
to accept or decline your order for any
reason.
12.
SHIPPING. All
orders weighing 5 pounds or less and
totaling less than $200 (before taxes,
if any) will be shipped within the 48
continental states via ground
transportation of our choice for a total
shipping and handling charge of $5.95.
Shipping and handling charges on all
other orders vary; contact your HiTech
Wireless account manager for our most
current and competitive rates, options
and shipping specials. For your
protection, we ship only to your credit
card's verified billing address or its
verified alternate shipping address. In
some circumstances, international
shipping may be available. Call for
details.
13.
RISK OF LOSS.
Risk of damage to and loss of items
ordered through this Web site pass to
you upon our delivery to the carrier.
14.
EXPORT. If goods
are being purchased for purposes of
export, the purchaser is advised to seek
legal counsel or otherwise make
arrangements to inquire into the need
for, and to obtain, appropriate licenses
and/or documentation before shipping to
a foreign country. In addition,
manufacturers' warranties for exported
goods may vary or even be null and void.
15.
RETURN POLICY.
If you are unhappy with an item for any
reason, you may return it for exchange
or refund. Product returns will not be
accepted without prior approval and a
15% restocking fee may apply on any
return.
If an item
is defective or was shipped as a result
of our error and you wish to exchange
it, we will refund reasonable shipping
charges you incur in returning it to us
and we will pay for shipping an exchange
item of similar size and weight to the
original shipping address by a shipper
of our choice. If an item is defective
or was shipped as a result of our error
and you wish to receive a refund, we
will refund the amount charged to you
for the original shipping and will
reimburse you for reasonable shipping
charges you incur in returning the item.
In all other cases, we will pay for
shipping an exchange item (or items)
similar in size and weight to the item
(or items) returned by you, but will not
refund your original or return shipping
costs. Our shipment to you will be via a
shipper of our choice to your original
shipping address.
We ask that
items returned be complete, include all
original boxes and packing materials,
have original UPC codes on the
manufacturer boxes, and contain all
manuals, blank warranty cards and other
accessories and documentation provided
by the manufacturer.
HiTech
Wireless strongly recommends you fully
insure your return shipment in case it
is lost or damaged and that you use a
carrier that can provide you with proof
of delivery for your protection.
If
merchandise arrives damaged: save the
merchandise AND the original box and
packing it arrived in, notify HiTech
Wireless immediately to arrange for a
carrier inspection and a pick up of
damaged merchandise.
16.
DISCLAIMER OF WARRANTIES.
HITECH WIRELESS AND THE OTHER HITECH
WIRELESS PARTIES MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE INFORMATION,
MATERIALS, PRODUCTS OR SERVICES
PROMOTED, SOLD OR OTHERWISE AVAILABLE ON
THE SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, HITECH WIRELESS AND
THE OTHER HITECH WIRELESS PARTIES
DISCLAIM ALL EXPRESS, STATUTORY AND
IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITATION
OF THE FOREGOING DISCLAIMER, HITECH
WIRELESS AND THE OTHER HITECH WIRELESSP
ARTIES DISCLAIM ALL WARRANTIES OR
CONDITIONS ARISING THROUGH COURSE OF
DEALING OR USAGE OF TRADE. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN WARRANTIES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.
17.
LIMITATION OF LIABILITY
AND DAMAGES. YOU AGREE THAT
HITECH WIRELESS AND THE OTHER HITECH
WIRELESS PARTIES WILL NOT BE HELD LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE PURCHASE OR USE OF ANY PRODUCTS OR
SERVICES PURCHASED THROUGH, OR
INFORMATION AVAILABLE ON OR THROUGH,
THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOST SAVINGS, LOSS OF USE OR
LOSS OF DATA), WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE, AND
REGARDLESS OF THE THEORY OF LIABILITY
PURSUANT TO WHICH SUCH DAMAGES MAY BE
SOUGHT, INCLUDING BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, OR ANY
OTHER CAUSE OF ACTION, TO THE EXTENT
SUCH EXCLUSION AND LIMITATIONS ARE NOT
PROHIBITED BY APPLICABLE LAW. THESE
EXCLUSIONS SURVIVE IN THE EVENT SUCH
REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR
IS OTHERWISE DEEMED UNENFORCEABLE. ALL
DISCLAIMERS OF WARRANTIES AND
LIMITATIONS OF DAMAGES APPEARING IN
THESE TERMS ARE CUMULATIVE, AND NO
DISCLAIMER OR LIMITATION APPEARING IN
THIS AGREEMENT IS INTENDED TO LIMIT THE
SCOPE OR EFFECT OF ANY OTHER DISCLAIMER
OR LIMITATION APPEARING IN THIS
AGREEMENT. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN
LIABILITIES OR DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.
18.
LIMITED PERIOD FOR FILING
SUIT. YOU AND HITECH WIRELESS
AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE HITECH WIRELESS
WEB SITES MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
19.
SEVERABILITY.
The invalidity or unenforceability of
any term or provision of this Agreement
or the non application of any such term
or provision to any party or
circumstance shall not impair or affect
the remainder of this Agreement, and the
remaining terms and provisions hereof
shall not be invalidated, but shall
remain in full force and effect.
20.
NOTICE. All
notices and other communications under
this Agreement shall be in writing or
displayed electronically on this site by
HiTech Wireless. Notices shall be deemed
to have been properly given on the date
deposited in the U.S. Mails, if mailed;
on the date first made available, if
displayed on this site; or on the date
received, if delivered in any other
manner. Notices to you may be sent to
any of the addresses provided by you,
including e-mail addresses. Except as
expressly directed otherwise by HiTech
Wireless here in or elsewhere in this
site, e-mail notices to HiTech Wireless
must be sent to webmaster@summithut.com.
21.
CAPTIONS; ENTIRE
AGREEMENT. The captions used in
this Agreement are for convenience only
and shall not be used to construe or
interpret any of the provisions of this
Agreement. This Agreement, together with
any Additional Terms, constitute the
entire agreement between you and HiTech
Wireless with respect to the subject
matter hereof and of the Additional
Terms. All prior agreements,
understanding, negotiations or
representations, whether oral or in
writing relating to such subject matter
are superseded and canceled in their
entirety.
22.
CHANGES TO THIS
AGREEMENT. HiTech Wireless, and
only HiTech Wireless, may change
(including supplementing and expanding)
the terms, conditions, and notices under
which it makes sales on or through
HiTech Wireless Web Sites. Such changes
may be made without notice. You agree to
regularly review these Terms and any
additional terms posted on any HiTech
Wireless Web Site for changes and agree
that any purchase made by you after the
effective date of a change affecting
terms applicable to the purchases
constitutes your acceptance of the
change.
GOVERNING
LAW. This site is created and
controlled by HiTech Wireless in the
State of Arizona, USA. Use of this site
and any purchase of goods or services
through this site shall be governed by
and construed in accordance with the
laws of the State of Arizona, without
giving effect to principles of conflicts
or non-contractual choice of law. Those
who choose to access this site from
other jurisdictions, and those who
choose to have goods or services
delivered to other jurisdictions, do so
on their own initiative and are
responsible for compliance with local
laws, if and to the extent local laws
are applicable. THE PURCHASER OF GOODS
OR SERVICES THROUGH USE OF A HITECH
WIRELESSWEB SITE, INCLUDING THIS SITE,
AGREES THAT EXCEPT FOR EQUITABLE RELIEF
SOUGHT BY HITECH WIRELESS, WHICH MAY BE
SOUGHT IN ANY COURT OF COMPETENT
JURISDICTION, EXCLUSIVE JURISDICTION AND
VENUE FOR ANY LEGAL OR EQUITABLE CLAIMS
MADE THAT RELATE IN WHOLE OR IN PART TO
THE PURCHASE, RETURN OR USE OF ANY GOODS
OR SERVICES OBTAINED THROUGH USE OF A
HITECH WIRELESS WEB SITE, SHALL BE THE
STATE AND FEDERAL COURTS LOCATED IN
MARICOP COUNTY, ARIZONA