These Terms & Conditions govern your use of this Site and Products and Services. These Terms & Conditions give you specific legal rights, and you may also have other legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms & Conditions may not apply to you.
THIS IS A LEGAL AGREEMENT. BY PURCHASING 3DFS PRODUCTS, SERVICES AND/OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD DISCONNECT FROM THIS WEBPAGE AND CEASE USING IT AND/OR YOU SHOULD STOP USING 3DFS PRODUCTS AND SERVICES.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from 3DFS or visiting the Site. Every time you order 3DFS Products or Services or visit the Site, the Terms & Conditions in force at that time will apply between you and 3DFS. If you have any questions regarding these Terms & Conditions, you can contact 3DFS as provided herein.
Although our Site is accessible worldwide, 3DFS is designed and tested only for use in the United States. If you choose to install and use 3DFS Products and services outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, 3DFS accepts no responsibility or liability for any damage or loss caused by your installation and use of 3DFS outside the United States.
Limitations of Software. 3DFS does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Product or Software or any feature of them. Actual energy savings and monetary benefits vary with factors beyond 3DFS’ control or knowledge.
Account. To use the Service, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.
Access and Use of the Service. Subject to these Terms & Conditions, 3DFS grants you a non-exclusive, right (without the right to sublicense) to access and use the Service by using the applications available on https://3dfs.com in connection with controlling and monitoring the Product. The Service includes materials that may be provided by 3DFS or by third party licensors which are displayed or performed on the Service, including, but not limited to, text, graphics, articles, photographs, video, images, and illustrations.
3DFS Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in 3DFS are owned by 3DFS or our licensors. Your possession, access, and use of the Product, Software, and Service do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. 3DFS and its licensors reserve all rights not granted in these
Feedback. You may choose to, or 3DFS may invite you to submit comments, suggestions, or ideas about the Product or Service, including how to improve 3DFS (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place 3DFS under any fiduciary or other obligation. 3DFS may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that 3DFS does not waive any rights to use similar or related ideas previously known to 3DFS, developed by its employees, or obtained from other sources. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your Feedback (including all related intellectual property rights) solely in connection 3DFS.
Customer Data. All data generated from 3DFS relating to your electrical use is yours (“Customer Data”). 3DFS’ sole use of such Customer Data shall be in connection with the performance of 3DFS and the provision of the Service to you. 3DFS may use the Customer Data for its internal business purposes and in connection with development and improvement of 3DFS. Please review the Privacy Policy for more information relating to 3DFS’ practices regarding the Customer Data that 3DFS may collect from users of 3DFS and how we will use that data.
Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Product and Service. You agree that you (and not 3DFS) are responsible for ensuring that you comply with any applicable laws when you use the Product and Service.
Certain Restrictions. The rights granted to you in these Terms & Conditions are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, distribute, host, or otherwise commercially exploit the Service; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (iii) you agree not to access the Service in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Service or the Software; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Service or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by 3DFS; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service. Any future release, update, or other addition to functionality of the Service shall be subject to these Terms & Conditions.
Security. 3DFS uses industry best practices to ensure the integrity and security of your personal information. However, 3DFS cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Modification. 3DFS reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that 3DFS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
Intended Use of Service. The Service is intended to be accessed and used for non-time-critical information relating to the Product. While we aim for the Service to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Service is subject to sporadic interruptions and failures for a variety of reasons beyond 3DFS’ control, including Internet connectivity, Wi-Fi intermittency and availability, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that 3DFS is not responsible for any damages allegedly caused by the failure or delay of the Service to reflect current status or notifications.
Reliability of Information. You acknowledge that the Service, including remote access and information, is not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive information in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. INFORMATION FROM 3DFS / 3DFS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY – IT IS NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.
Temporary Suspension. The Service may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. 3DFS does not offer any specific uptime guarantee for the Service.
Energy Savings and other Benefits. 3DFS does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Product or Service or any feature thereof. Actual energy savings and monetary benefits vary with factors beyond 3DFS’ control or knowledge. You acknowledge that these recommendations are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from 3DFS if your savings differ.
General. The Service relies on or interoperates with third party products. These third party products and services are beyond 3DFS’ control, but their operation may impact or be impacted by the use and reliability of the Service.
Third Party Service Providers Used By 3DFS. You acknowledge that 3DFS uses third party service providers to enable some aspects of the Service – such as, for example, data storage, synchronization, and communication through Amazon Web Services, Azure and mobile device notifications through mobile operating system vendors and mobile carriers.
Equipment, ISP, and Carrier. You acknowledge that the availability of the Service is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Service. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.
Payment. By providing a credit card or other payment method accepted by 3DFS, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
Availability and Pricing. 3DFS is subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering 3DFS without prior notice. Prices for 3DFS are subject to change at any time, but changes will not affect any order for 3DFS you have already placed.
Title Transfer. Purchases are intended for end users only. Title to the Hardware passes to the purchaser at the time of delivery by 3DFS to the freight carrier. Prices for 3DFS do not include shipping costs. Our delivery charges and methods are as described on our Site from time to time.
Order Information. By placing an order for 3DFS, you agree and understand that 3DFS may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. 3DFS shall protect your information in accordance with its Privacy Policy. 3DFS works with other companies that help 3DFS provide 3DFS to you, such as freight carriers and credit card processing companies, and 3DFS may have to share certain information with these companies for this purpose.
Installation. There may be laws in the jurisdiction in which you install the Product applicable to where and how to install the Product. You should check that you are in compliance with all relevant laws and codes in your jurisdiction. 3DFS is not responsible for any injury or damage caused by installation.UNLESS YOU ARE A LICENSED ELECTRICIAN YOU SHOULD NOT ATTEMPT TO INSTALL THE PRODUCTS. ONLY A LICENSED ELECTRICIAN SHOULD INSTALL THE PRODUCT. ELECTRICUTION, INCLUDING PERSONAL INJURY OR DEATH, AND DAMAGE OR DESTRUCTION OF PROPERTY COULD OCCUR IF THE PRODUCT IS INCORRECTLY INSTALLED.
3DFS is connected to dangerous voltages. Improper use or installation can be dangerous or even fatal. Please make sure that the installation is done by a qualified professional, and that you follow these guidelines for installation and use: (i) Have the installation done by a qualified electrician, according to local electrical codes. (ii) Do not try to open 3DFS devices, touch any internal parts, or try to repair it without first contacting 3DFS support.(iii) Use the 3DFS products and services only in the United States, and only within the voltages described in the datasheet 5) Install 3DFS products where it will not be exposed to direct sunlight or extremely low or high temperatures. No exposure to water. Relative Humidity < 90%; Elevation < 3000 meters; Temperature 0 – 50C.
Compliance with Laws. 3DFS is not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, 3DFS, EXPRESSLY INCLUDING THE HARDWARE, SOFTWARE, SERVICE AND SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND 3DFS AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. 3DFS AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT 3DFS: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR ELECTRICAL SYSTEM, NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE OR PRODUCE SPECIFIC RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3DFSOR THOUGH 3DFSSHALL CREATE ANY WARRANTY. WHEN YOU INSTALL, SETUP OR USE 3DFS YOU MAY BE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
Indemnity. You agree to defend, indemnify and hold 3DFS and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of 3DFS, (ii) your violation of these Terms & Conditions, (iii) Feedback you provide; or (iv) your violation of any law or the rights of any third party. 3DFS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 3DFS and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without 3DFS’ prior written consent. 3DFS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Limitation of Liability. Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A)3DFS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO 3DFS, EVEN IF 3DFS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) 3DFS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO 3DFS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO 3DFS FOR 3DFS IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. 3DFS DISCLAIMS ALL LIABILITY OF ANY KIND OF 3DFS’ LICENSORS AND SUPPLIERS.
Electronic Communications. You are communicating with 3DFS electronically when you use our Site or send email to 3DFS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order from our Site, we collect and store your email address. From that point forward, your email address is used to send you information about or related to 3DFS’ products and services unless you opt-out of such emails using the opt-out link in the emails.
Notifications. 3DFS may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your 3DFS account, hard copy, or posting of such notice on the Site. 3DFS is not responsible for any automatic filtering you or your network provider may apply to email notifications.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Severability. If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
Waiver. Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
Successors and Assigns. This Agreement is binding upon each party’s respective successors and assigns.
Governing Law and Jurisdiction. These Terms & Conditions are governed by the laws of the State of North Carolina without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Chatham County, North Carolina for the purpose of litigating all such claims or disputes.
3DFS, LLC. (“3DFS”) Web Site Terms of Use
The 3DFS Web Site (the “Site”) is an online information website provided by 3DFS, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. 3DFS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
3DFS and 3DFS are registered trademarks 3DFS, LLC. “3DFS”..3DFS reserves the right to make changes without further notice to any products herein. 3DFS makes no warranty, representation or guarantee regarding the suitability of its products for any particular purpose, nor does 3DFS assume any liability arising out of the application or use of any product or circuit, and specifically disclaims any and all liability, including without limitation special, consequential or incidental damages. “Typical” parameters which may be provided in 3DFS data sheets and/or specifications can and do vary in different applications and actual performance may vary over time. All operating parameters, including “Typicals” must be validated for each customer application by customer’s technical experts. 3DFS does not convey any license under its patent rights nor the rights of others. 3DFS products are not designed, intended, or authorized for use as components in systems intended for surgical implant into the body, or other applications intended to support or sustain life, or for any other application in which the failure of the 3DFS product could create a situation where personal injury or death may occur. Should Buyer purchase or use 3DFS products for any such unintended or unauthorized application, Buyer shall indemnify and hold 3DFS and its officers, employees, subsidiaries, affiliates, and distributors harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that 3DFS was negligent regarding the design or manufacture of the part.
Copyright, Licenses and Idea Submissions. The content on this Site is protected by international copyright and trademark laws. The owner of the copyrights and trademarks are 3DFS, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to 3DFS a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to 3DFS by all means and in any media now known or hereafter developed. You also grant to 3DFS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against 3DFS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to 3DFS.
Trademarks. 3DFS, 3DFS and/or any other names of 3DFS or its publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of 3DFS. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site. You understand that, except for information, products or services clearly identified as being supplied by 3DFS, 3DFS does not operate, control or endorse any information, products or services on the Internet in any way. Except for 3DFS- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with 3DFS. You also understand that 3DFS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. 3DFS PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). 3DFS DOES NOT WARRANT THAT THE SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
Indemnification. You agree to indemnify, defend and hold harmless 3DFS, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
LIMITATION OF LIABILITY IN NO EVENT WILL 3DFS BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, 3DFS’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3DFS makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-3DFS Web site, please understand that it is independent from 3DFS, and that 3DFS has no control over the content on that Web site. In addition, a link to a 3DFS Web site does not mean that 3DFS endorses or accepts any responsibility for the content, or the use, of such Web site.
Third Party Rights. The provisions of paragraphs (Use of the Site), and (Indemnification) are for the benefit of 3DFS and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be performed in North Carolina. You agree that any legal action or proceeding between 3DFS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maryland. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 3DFS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. 3DFS may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved. Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of 3DFS. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.
3DFS LLC (“3DFS”) has a strong commitment to providing excellent service to all of our customers and visitors of this web site, respecting your concerns about privacy. For this reason, 3DFS has prepared this privacy statement (“Privacy Statement”). If you would like to contact us regarding this Privacy Statement, please send us an email to [email protected].
Browsing this Web Site
Visitors who browse this web site do so on an anonymous basis.
If you do nothing during your visit but browse through this web site, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store only the following information about your visit:
- The Internet domain (for example, “xcompany.com” if you use a private Internet access account) and IP address (an IP address is a number that is automatically assigned to your computer whenever you access the Internet) from which you access this web site;
- The type of browser and operating system used to access this web site;
- The date and time of access;
- The particular web pages accessed; and
- If you linked to this web site from another website, the address of that other web site.
We use this information to help us make our web site more useful to visitors, to learn about the number of visitors to our web site and the types of technology our visitors use. We do not track or record information about individuals and their visits without their consent. This means that, unless you voluntarily and knowingly provide us with personal information, 3DFS will not know your identity, your e-mail address, or any other information personally identifiable to you.
Employment
If you choose to apply for employment online, you will be required to provide us certain personal information, such as your name, street address, telephone number and e-mail address. Any such information we receive will not be used for any other purpose.
Children’s Privacy
This web site is not intended for children and we do not knowingly solicit or collect personally identifiable information from children.
Securing Your Information
The 3DFS Companies treat the information you provide to us as confidential information. We use the same methods and procedures to protect such confidential information as we do to protect our own confidential information. If you submit information to the 3DFS Companies through this web site or by e-mail, such information is stored on a secure server that resides behind firewalls designed to block unauthorized access from third parties. Because laws applicable to personal information vary by country, our affiliates may have additional measures that vary depending on the applicable legal requirements. Information collected on this web site is covered by this Privacy Statement.
Disclosure of Information to Third Parties
As mentioned previously, from time to time the 3DFS Companies may use the services of third parties, which provide services on behalf of the 3DFS Companies. In such event, such parties are contractually prohibited from using personally identifiable information for any purpose other than for the specific purpose for which they were engaged by us. We prohibit the sale or transfer of personally identifiable information to any person or entity other than the 3DFS Companies and our third party service providers, without your approval.
Use of Cookies
This web site makes only limited use of “cookie” technology. “Cookies” are pieces of electronic information (specifically, a string of text) that your browser and your operating system store on your hard drive for record-keeping purposes. Cookies can store a user’s ID and password, personalize home pages, identify which parts of a site have been visited or keep track of previous selections or purchases. Cookies can enhance the user’s visit, and the use of cookies has become an industry standard, used by most major commercial websites. Such cookies expire automatically after one year, but you may manually delete cookies earlier. These cookies transmit no information about you or your computer back to 3DFS. If you do not wish to receive these cookies, you may set your browser to reject the cookies, although doing so may affect your ability to perform certain transactions on our web site. You should consult the instructions for your particular browser to determine how to delete cookies, whether your browser is able to turn off cookies, and the procedures for doing so.
Opt-Out
Periodically, the 3DFS Companies may send you information regarding products or services through direct mailings or e-mails. It is our intention to only send you communications that you want to receive. At any time, you may notify us that you want to “opt-out” and not receive any such tangible or electronic communications by providing your name, postal and e-mail addresses to us at [email protected] , and in any event clearly stating in your communication that you wish to “opt-out” from receiving such information. In addition, if you subscribe for any 3DFS e-mail newsletter you will find instructions on how to unsubscribe at the bottom of such newsletters. Otherwise, we may periodically contact you via e-mail and provide information about our special offers and promotions that may be of interest to you. Every time you receive an e-mail from us about special offers or promotions you will be provided the choice to opt-out of future e-mails. Please note that even if you opt-out of receiving future marketing materials from the 3DFS Companies, we are still permitted to contact you for business related purposes.
External Web Sites
3DFS is only responsible for the privacy policies of this web site. The privacy practices of third party web sites are not covered by this Privacy Statement and 3DFS is not responsible for the privacy practices or content of other third party web sites, without limitation their use of cookies, spyware or similar concerns.
Legal
This is a United States web site and is subject to laws of the United States. 3DFS will disclose personally identifiable information without your permission when required by law, or as otherwise provided in the “Legal Terms of Use” governing this web site. As mentioned previously, laws related to personally identifiable information vary by jurisdiction.
Changes to this Privacy Statement
From time to time this Privacy Statement may be changed by 3DFS, without notice. However, any such changes will be promptly reflected on this web site, so that you will always know what information we collect, how we might use such information and whether we will disclose such information to any person or entity other than the 3DFS Companies.
Article 1 – Payment. Invoices are due and payable within 30 days from the invoice date. Payment must be made in the method and currency identified by 3DFS, LLC (“3DFS”). 3DFS may invoice parts of an Order separately or together in one invoice. All invoices shall be deemed accurate unless Customer advises 3DFS in writing of a material error within 10 days following receipt. If Customer advises 3DFS of a material error, (i) any amounts corrected by 3DFS in writing shall be paid within 14 days of correction and (ii) all other amounts shall be paid by Customer by the due date. If Customer withholds payment upon an assertion that an invoiced amount is erroneous, and 3DFS concludes that such amount is accurate, Customer shall pay interest as described below from the due date for such amounts until 3DFS’s receipt of those amounts. Customer may not offset, defer or deduct any invoiced amounts that 3DFS determines are not erroneous following the notification process set forth above. 3DFS may charge interest at the rate of 1.5% per month on undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. 3DFS, without waiving any other rights or remedies and without liability to Customer, may refuse additional orders for Products until all overdue amounts are paid in full. 3DFS shall be entitled to all reasonable legal and attorney fees and associated costs of collecting overdue amounts. If in 3DFS’s sole judgment Customer’s financial condition does not justify the terms of payment specified herein, 3DFS may cancel this contract unless Customer shall immediately pay for all products which have been delivered and pay in advance for all products to be delivered. Products held for Customer are at Customer’s sole risk and expense.
Article 2 -Taxes. Customer is responsible for sales tax and any other taxes or governmental fees associated with the Order. If Customer qualifies for a tax exemption, Customer must provide 3DFS with a valid certificate of exemption or other appropriate proof of exemption. Customer shall also pay all freight, insurance, and taxes (including but not limited to import or export duties, sales, use, value add, and excise taxes)
Article 3 – Shipping Charges; Title; Risk of Loss. Shipping and handling charges are not included in Product prices unless expressly indicated at the time of sale. Title to the Products passes from 3DFS to Customer upon delivery to the carrier for shipment. Loss or damage that occurs during shipping (including returns) is the responsibility of the Customer. Shipping and delivery dates are estimates only. 3DFS shall not be liable for any loss or expense (consequential or otherwise) incurred by Customer if 3DFS fails to meet the specified delivery schedule because of production or other delays including but not limited to delays caused by labor troubles (including without limitation, strikes, slowdowns and lockouts), civil disturbance, government regulations, inability to obtain or revocation of export and import licenses, interruptions of or delay in transportation, material shortages, power failures, accidents or any other fact beyond 3DFS’s control. In case of force majeure 3DFS is exempted from the commitment of delivery for the duration of the disturbance. In that case 3DFS reserves the right of cancellation. In case of delivery delay at the express request of the Customer or through its fault, the Customer carries the costs and risk of storage of the products.
Article 4 – Returns and Exchanges. Customer may return eligible Products for a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees, as set forth below. All eligible Products may be returned within 30 days from the date of delivery for a credit or a refund of the purchase price paid, less shipping and handling, and a 25% restocking fee. Any product returned to 3DFS without prior authorization from 3DFS will be considered an unauthorized return, and the Customer will not receive credit for the product and 3DFS will not ship the product back to you. Before returning Products, you must contact 3DFS to obtain an authorization number for your return before the end of the applicable return period. You must return the Product in its original or equivalent packaging, and you are responsible for risk of loss and shipping and handling fees. A 25 % restocking fee shall apply to all returns. If you fail to follow the return instructions, 3DFS will not be responsible for any loss, damage, or modification of the Product, or processing of Product for disposal or resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing associated with your purchase. Title to returned Products shall pass to 3DFS upon receipt at the specified 3DFS facility.
Article 5 – Warranties A. For a period of 30 days following delivery of the products to Customer, 3DFS warrants that the products will be free from material defects and will conform to any product descriptions contained in this Agreement. This warranty does not apply to engineering samples or custom manufactured products. For such items, 3DFS may, at its sole discretion, offer repairs for a fee agreed upon by the Customer. THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT IMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE All products shall be deemed and presumed to be in full compliance with the warranties made herein unless, within 30 days from the date of delivery, Customer shall have notified 3DFS in writing to the contrary. Following such notice, 3DFS will at its option repair or replace any products which fail to meet the warranties in this Agreement, provided such products are returned freight prepaid and insured by Customer to 3DFS’s’ plant. Repaired or replaced products will be returned to Customer, freight prepaid by 3DFS. Products not qualifying for warranty work will be returned at Customer’s expense. This paragraph states Customer’s sole and exclusive remedy for breach of warranty. B. THE ABOVE WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICES NOT PERFORMED OR AUTHORIZED BY 3DFS (INCLUDING INSTALLATION OR DE-INSTALLATION), USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE PRODUCTS OR SERVICES. ANY WARRANTY FOR A THIRD-PARTY PRODUCT IS PROVIDED BY THE ORIGINAL MANUFACTURER. ALL THIRD-PARTY PRODUCTS ARE PROVIDED BY 3DFS “AS IS.” C. EXCEPT AS EXPRESSLY STATED ABOVE OR IN THE EXPRESS WARRANTIES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3DFS (INCLUDING 3DFS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; (ii) FOR ANY THIRD-PARTY PRODUCTS; OR (iii) FOR THE PERFORMANCE OF OR RESULTS TO BE OBTAINED FROM ANY PRODUCTS. The 3DFS-branded Products are not designed or intended for use in hazardous environments requiring fail-safe performance, such as any application in which the failure of the Products or Services could lead directly to death, personal injury, or severe physical or property damage (collectively, “High-Risk Activities”). 3DFS expressly disclaims any express or implied warranty of fitness for High-Risk Activities.
Article 6. Limitation of liability THE MAXIMUM LIABILITY IF ANY OF 3DFS FOR ALL DIRECT DAMAGES INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURY TO PERSONS OR PROPERTY, WHETHER ARISING FROM 3DFS’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE WITH RESPECT TO THE PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE PARTICULAR PRODUCTS. IN NO EVENT SHALL 3DFS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHTS TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IN CUSTOMER’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Article 7. Entire Agreement – Severability This Agreement is the entire agreement with respect to its subject matter and supersedes all prior or contemporaneous communications or agreements that may exist. Any preprinted terms on your purchase order shall be of no force or effect and are expressly rejected. Modifications to this Agreement will be made only through a written amendment signed by both parties. If any provision of this Agreement is found to be void or unenforceable, such provision will be stricken or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force. No rights may arise by implication or estoppel, other than those expressly granted herein.
Article 8. Miscellaneous A. Jurisdiction and Venue. The sale of the product shall be interpreted, construed and enforced according to the laws of the State of North Carolina. The parties hereto irrevocable consent to the jurisdiction and venue of the state courts located in Chatham County, North Carolina and of the United States District Court of North Carolina, Second District in any action arising out of or related to this sale or agreement and hereby waive any other venue or jurisdiction to which they might be entitled by domicile or otherwise, unless the parties hereto mutually agree, in writing, to some other expressly identified jurisdiction. B. Bench Trial. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. C. No Class Actions. NEITHER PARTY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. D. Dispute Resolution. Customer and 3DFS will attempt to resolve any Dispute through negotiation or by utilizing a mediator agreed to by the parties, rather than through litigation. Negotiations and mediations will be treated as confidential. If the parties are unable to reach a resolution within 30 days of notice of the Dispute to the other party, the parties may pursue all other courses of action available at law or in equity. E. Notices. Notice to 3DFS under this Agreement must be in writing and sent by registered or certified mail (postage prepaid first-class mail and return receipt requested) by overnight delivery service to the address below, and will be effective upon receipt.