Policies
All website contents copyright © 2002-2008 NINJA WORX. All rights reserved. Prices, services, configurations, promotions, and availability may change without notice. NINJA WORX cannot be held responsible for pricing discrepancies due to errors in website functionality. All product photos are for illustrative purposes only. Photos displayed on website may contain optional items that are not included in the default configuration for that system. Taxes and shipping charges not shown. NINJA WORX cannot be held responsible for errors in photography or typography. For hard drives, GB means 1 billion bytes and accessible capacity may vary depending on configuration. For CD-ROM, DVD-ROM, CD-RW, and DVD+RW/+R drive(s), maximum data transfer rates may vary and discs created with these drives may not be compatible with all drives and players. For modems and network cards/hardware, maximum achievable data transfer rates may vary. Award(s) and quote(s) listed do not necessarily pertain to a specific system or configuration. Shipping, handling and any applicable taxes or customs charged are not included. Such charges will vary depending on purchaser's mailing address and method they choose to receive their order.
This Standard Terms and Conditions Agreement ("Agreement") contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from NINJA WORX, or any of its subsidiaries or affiliates (collectively, "NINJA WORX"). By accepting delivery of the product purchased from NINJA WORX 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 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 NINJA WORX. These terms and conditions are subject to change without prior written notice at any time, in NINJA WORX's sole discretion.
Definitions.
"We", "us" and/or "our" means NINJA WORX ("www.ninjaworxcom").
"You" or "your" means the individual or entity named on the invoice.
Payment Terms; Orders; 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. Terms of payment are within NINJA WORX's sole discretion, and unless otherwise agreed to in writing by NINJA WORX, payment must be received by NINJA WORX before NINJA WORX's acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. NINJA WORX may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
Taxes. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
Shipping and Title. NINJA WORX will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when NINJA WORX delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify NINJA WORX of missing or damaged items in your order within five (5) days after you receive your product.
Return Policy. All sales on software items are final.
Warranties for Domestic Customers; Disclaimer of Warranties. THERE ARE NO WARRANTIES FOR SOFTWARE OR SERVICES. NINJA WORX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN NINJA WORX's APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND NINJA WORX WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON NINJA WORX's RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
Software. All software is provided subject to the license agreement that is part of the package you receive from NINJA WORX. You agree to be bound by the license agreement once the package is opened or its seal is broken. NINJA WORX does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
Products. NINJA WORX continually upgrades and revises its products and service offerings. NINJA WORX may revise and discontinue products at any time without prior notice to customers. NINJA WORX 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 NINJA WORX products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
Software and Peripherals. Any warranty and technical support provided on third-party products offered by NINJA WORX, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by NINJA WORX. The warranties and technical support offered by such manufacturers may vary from product to product.
Limitation of Liability. NINJA WORX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. NINJA WORX 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 LIABILTY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, NINJA WORX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THISÂ AGREEMENT.
Binding Arbitration. You and NINJA WORX agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims ("Dispute") against NINJA WORX, its directors, employees, agents, successors, assigns or affiliates arising from, in connection with 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), NINJA WORX's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and NINJA WORX. The arbitration will be conducted before three (3) independent and impartial arbitrators. NINJA WORX will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator who will be the presiding arbitrator. The arbitrators will render their award in writing and will include the findings of fact and conclusions of law upon which their award is based. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
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.
Miscellaneous Provisions. You will not register or use any Internet domain name that contains a NINJA WORX trademark or trade name (i.e., NINJA WORX) 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. This Agreement and any sales thereunder shall be governed by the laws of the state of California, without regard to conflicts of laws principles.
