Terms of Use and Privacy Policy
NOTICE TO ALL CUSTOMERS – THE COMPANY WILL NEVER ASK YOU FOR YOUR CREDIT CARD NUMBER BY RETURN EMAIL OR TELEPHONE. IF THE COMPANY CONTACTS YOU ABOUT YOUR ORDER, OUR SECURITY POLICY REQUIRES YOU TO RETURN ANY CONFIDENTIAL OR CREDIT CARD INFORMATION BY A SECURED PAY PAL CONNECTION OR BY OVERNIGHT CARRIER, US MAIL, OR FAX.
DEFINITION OF TERMS
See last section of this Terms of Use Policy for a complete definition of terms.
ACCEPTANCE OF TERMS OF USE
These Terms of Use and Conditions Policy govern the Company’s delivery and conduct of their proprietary disc repair services offered to the public. By using, visiting, or browsing the Company’s web site, the Customer accepts and agrees to be bound by these Terms of Use and Conditions Policy. If you do not agree to these Terms of Use and Conditions Policy, the Customer should not use the Company’s disc repair services or web site.
These Terms of Use and Conditions Policy are an ongoing contract between the Customer and the Company. The Customer should revisit this web site to check said Policy to confirm the Customer’s rights as it applies to the Company disc repair services. All Customers should carefully read and understand the entire Terms of Use and Conditions Policy before any business is transacted with the Company.
CHANGES TO TERMS OF USE
The Company reserves the right, at its sole discretion, from time to time, without prior notice, to change, revise or terminate any and all sections and content of these Terms of Use and Conditions Policy. This right also pertains to the Company’s web site including any and all Customer promotions and marketing campaigns and any other Company programs or operations which are not specified in said Policy. The most current version of the Terms of Use and Conditions Policy can be found on the Company’s website and will supersede all previous versions. The Customer’s use of the Company’s web site and use of the Company’s disc repair services after changes are made to this Policy means the Customer agrees to be bound by such changes and provisions contained therein.
The Company reserves the right, to change, revise, or terminate, from time to time, for no reason, without prior notice, the rules governing any and all marketing and Customer promotional programs which may or may not be advertised to the public. The Company may also change, revise, or terminate the rules and policies regarding the Company’s warranty return policy, and any other Company financial, sales or operational practice, from time to time, for no reason, without prior notice.
FIRST SALE DOCTRINE
The Company’s business assumes all Customers legally own their Product and such Product has been legally purchased through authorized retail channels or sources. Further, the Company assumes Customers have not illegally obtained, from a criminal or illegal act, or otherwise, title, possession, and control of their Product submitted to the Company for disc repair servicing. The Company believes its operations of repairing polycarbonate discs do not violate copyright, trademark or intellectual property law. At no times, in the Company’s disc repair process does the Company engage in copying, reproduction, changing, altering, transmitting, manipulating or redistributing any content or images derived from such polycarbonate discs.
In the opinion of the Company, Customers can legally utilize the Company’s proprietary disc repair services under the protection of first sale rule of intellectual property law.
PRIVACY
Any information submitted to the Company or through the use of the Company’s web site is subject to our Privacy Policy, the terms of which are expressly incorporated herein.
RULES OF SERVICE
1. All Customers must be eighteen years of age.
2. All Customers must have a valid email address.
3. Customers must supply the Company with their legal name, legal mailing address (no PO Boxes) and a working telephone number.
4. Company disc repair services are available to the residents of the United States and Puerto Rico.
5. Foreigners and residents living outside the United States are encouraged to contact the Company’s Customer Service Department for a quotation.
6. All Customers must use the Company’s Customer Order Form. Customers must use this form if they wish to pay with a USPS Postal Money Order. Please make out the USPS Postal Money Orders to the “Fortis Automation Ltd”. Customers must fill out this Customer Order Form in its entirety, print out a copy, and send a copy of form with their discs for repair.
7. The Company highly recommends all Customers purchase shipping insurance to protect the value of their contents while in transit.
8. Customers are advised to purchase shipping containers and boxes from professional shipping stores or office supply stores who can assist you with the proper size of shipping container and packing material. The Company advises mailing all packages to the Company via USPS using FIRST CLASS service, with additional insurance.
9. Please include your name and complete return mailing address on the outside of all packages.
The average service period takes about 7 to 14 calendar days. Warranty work takes longer. Customers are reminded they must stay in continual contact while the Company while their discs are undergoing disc repair services and while in the possession of the Company.
Acceptance of Terms of Use and Conditions
Customers must read and clearly understand the Company’s Terms of Use and Conditions Policy before business is consummated with the Company.
Pricing
Customers should consult with the Company’s web site for the most current pricing. Customers should refer to a separate section in this Policy titled “PRICING” for additional information.
New Customer Promotion
New Customers are eligible to receive a coupon entitling them to one free disc servicing if they send in 5 discs within the first 90 calendar days of their new account. This new Customer promotion is only offered to individuals. This “get one free disc serviced” electronic coupon is non transferable and must be used by the Customer of record within 180 calendar days from the date issued on the electronic coupon. Customer is responsible for shipping and transportation costs. On the Company’s secured shopping cart and the Customer Order Form there is an open coupon code block available for the Customer to insert their electronic coupon code. Please see the Company’s web site for additional program details.
Order Cancellations
Order cancellations are processed by the Company’s Customer Service Department, on a “best efforts” basis, with no guarantees a Customer’s order can be or will be cancelled before the Company’s disc repair services are performed. The Company will attempt to process all order cancellations on a timely and orderly basis, but the Customer is advised order cancellations are strictly processed on a best efforts basis. If the Customer’s credit card was charged and processed, the Company cannot guarantee the credit card payment will be refunded by the credit card company, in whole or in part. Customer’s paying with USPS Postal Money Orders will be returned to the Customer stamped “VOID” if said money orders have not yet been deposited by the Company. Customers are responsible for all return shipping and transportation costs for Product that is cancelled before disc repair services are performed. If a Customer has placed an order cancellation and the Company has already repaired the Customer’s Product or, for whatever reason the Company cannot acknowledge the Customer’s order of cancellation, then the Company is held harmless by the Customer and the Company is relieved from any and all further liability to the Customer surrounding said failed order cancellation. The Customer will be held responsible for any disc repair services performed by the Company irrespective of any pending or cancelled order cancellation requests.
Customer Service Department
The Company provides, free of charge, by phone and email, customer service to all Customers, at the following email address: customerservice@discbuffer.com or at a toll free telephone number (888) NEW DVDCD. Business is conducted between the hours of 9 AM to 5 PM EST Monday through Friday, except for normal business holidays.
Warranty Return Policy
The Company will service for free any previously serviced Product which the Customer feels needs additional servicing. The Customer is responsible for procuring a RMA number before sending any warranty eligible Product back to the Company. The Customer pays for all shipping costs regarding warranty eligible Product. Please refer to the separate section titled “WARRANTY RETURN POLICY” in this Policy for the latest terms and conditions.
Unresponsive Customers
If after a period of 90 calendar days, a Customer has not responded to the Company’s request for payment of monies due or other requisite account information which has created a financial liability or burden on the Company, the Company reserves the right, and may at its sole discretion, to dispose of the Customer’s Product. Further, if the Customer has refused, ignored, not responded to in a timely and responsible manner to any Company communications or gave the Company erroneous, illegible or incomplete customer data and or has otherwise created a financial liability or burden to the Company by not communicating in a responsive manner, then the Company reserves the right to dispose of the Customer’s Product. The Company is held harmless by the Customer and the Company is relieved from all liability and responsibility for this act of destruction of the Customer’s personal property and will not be held responsible thereafter by any Customer claims of negligence, fraud, or liability arising from this act and/or the resulting loss of use and value of data or profits therein contained on such property destroyed.
The aforementioned act of destruction does not relieve, discharge or void the Customer of any financial or other such liability incurred by the Company for disc repair services performed on behalf of the Customer or other goods and services purchased by the Company on behalf of the Customer. The Company reserves the right to collect from the Customer any balance of any past due accounts, including outstanding past due interest calculated at the highest maximum interest rate permitted by law, including past due collection costs, court and litigation costs, and attorney's fees.
WARRANTY RETURN POLICY
The Company will repair any Product for free if the Customer has dutifully complied with all of the warranty conditions as set as follows: (1) the Customer has 30 calendar days from the date the Product was serviced at the Company’s production facilities to initiate a warranty claim with the Customer Service Department. (2) the Customer is responsible to initiate a timely warranty claim and must manage this process until resolution. The Customer must communicate with the Company with relevant performance issues affecting his previously repaired Product and the circumstances surrounding the warranty claim. (3) the Customer must email or contact the Company to receive a return Returns Materials Authorization Number which is dispensed by the Customer Service Department. The RMA number is valid for 15 calendar days. (4) all return warranty packages must be marked clearly and legibility with the RMA on the exterior of the package. (5) in addition, all warranty claims must be mailed to a special Company address. No unauthorized warranty returns will be accepted by the Company. Products returned to the Company without a proper RMA number will be refused and returned to sender. (6) the Customer is responsible for all transportation, insurance, duties, and other similar charges for all warranty Product returns. (7) the Company requests a working period of 14 to 21 calendar days to complete all warranty servicing work.
The Company has the right to rescind, deny or void any warranty work due the Customer’s neglect, physical abuse, accident, excessive wear or tear, misuse, cosmetic alteration, or lack of reasonable care of such previously serviced Product. The Company reserves the right to decline or terminate any and all conditions of the Warranty Return Policy if one or more the aforementioned conditions are violated, omitted, or executed in error by the Customer.
PRICING
The Company’s prices for the disc repair services are stated, net of any sales taxes and duty charges, on the Company’s web site and such prices may be changed, at any time, and for any reason, without prior notice. If such event causes the Customer to fail to remit the proper payment to the Company for services performed, the Company has the right to collect from the Customer the difference between the price paid by Customer and the Company’s then current price for such disc repair services or other services performed on behalf of the Customer. The Company shall have a lien and security interest on the Customer’s Product and other such property for the balance of any account due the Company by the Customer, including past due interest calculated at the highest maximum interest rate permitted by law, collection, court and litigation costs, and attorney's fees. Customer hereby authorizes the Company to execute and file, on the Customer's behalf, a financing or other statement evidencing this security interest. When necessary, Customer agrees to execute necessary documentation for perfecting such security interest.
COMPANY DISCLAIMER
The Customer accepts sole responsibility and assumes all risks, foreseen and unforeseen, for his Product while in the possession of the Company. In consideration for the opportunity for the Company to attempt to repair the Customer’s Product, which is performed strictly on a “best efforts” basis, the Customer assumes all risks, which include permanently damaging or the total destruction and loss of the Customer’s Product. The Customer releases, exempts, and holds harmless the Company from any claims or lawsuits bought by the Customer or his guardian, his attorneys or legal representatives arising out of this business relationship. The Company does not accept any responsibility nor accepts any claims of liability, negligence, fraud, or other similar or derivative claims, of any nature, by the Customer, his attorneys or legal representatives for damaging or the total loss of the Customer’s Product. The Customer understands the disc repair process is a risky and an unperfected mechanical process and there are inherent risks such as the Customer’s Product may be permanently damaged or destroyed. The Customer expressly assumes all risks while the Customer’s Product is in the possession of the Company and will not hold the Company responsible for any liability or losses incurred if said Product is permanently damaged or destroyed.
The Company, its shareholders, directors, officers, employees, agents, representatives and contractors shall not be liable for any lost profits or other damages caused by the permanent damage or destruction of the Customer’s Product. The Company shall have no further liability, of any kind, regarding the permanent loss of any such Customer Product. The Company shall not be liable to the Customer for any acts or omission of any acts by person(s) selected and engaged by the Company to perform services or furnish materials to the Customer.
ACTIONS AND CONDUCT OF USPS
The Company utilizes the USPS as the primary carrier to deliver Product to and from the Customer. The Company hereby disclaims any liability or accountability for any and all actions and conduct performed by the USPS, their shipping agents or contractors. Any Customer’s claims for damages should be addressed directly with the USPS, their insurance agents or carriers, and not to the Company.
The Company does not accept responsibility for Product damaged or destroyed during or as result of the shipping and transportation process. All shipping claims should be directed to the USPS, or the designated shipping carrier. In all cases, the Company recommends the Customer purchase, at the Customer’s sole cost and obligation, additional third party shipping insurance, to provide an insured level of protection from all shipping-related accidents.
DISCLAIMER REGARDING PERMANENTLY DAMAGED DISCS
If the Company receives from the Customer Product that is permanently and irrevocably damaged, and thus cannot be repaired by the Company’s repair processes, then the Company will contact Customer and inform him of this condition. The Company will ask the Customer as to the disposition of the Product, specifically whether the Customer desires the Product returned, at the Customer’s sole cost and obligation, or should the Company dispose of the Product on behalf of the Customer. The Company, strictly on a best efforts basis, will attempt to identify such damaged Product before any repair services are performed. If the Company does attempt to repair a Customer’s Product, which is later determined to be permanently and irrevocably damaged, the Company reserves the right to charge the Customer for any services performed.
The Company will hold all Customer Product which is permanently and irrevocably damaged for a maximum period of 90 calendar days while it seeks a resolution from the Customer. The Customer, in all cases, is solely responsible for return shipping and handling costs of all permanently and irrevocably damaged Product and any Company services which may have been performed. It is the Customer’s sole responsibility to remain in continual contact with the Company while his personal property is in possession of the Company. After a period of 90 calendar days, and if the Customer does not respond to any communications sent by the Company, the Company reserves the right to dispose of the Customer’s Product. The Customer will hold the Company harmless and the Company shall not be liable to the Customer for any lost profits or other damages, of any kind, caused by this act. The Company shall have no further liability in connection with the disposal of the Customer’s Product. The Company makes no warranty, expressed or implied, with respect to its proprietary disc repair process and cannot repair polycarbonate discs which are permanently damaged or if the disc is irreparably damaged by form or structure.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
The Company’s disc repair services, their web site and its contents are provided "as is" and the Company makes no representations or warranties, of any kind, with respect to the Company’s proprietary disc repair services, its web site or its contents. The Company assumes no liability or responsibility for any errors or omissions in the content or any losses or damages arising from the use of the content provided on the Company’s web site. Further, the Company assumes no liability or responsibility for any failures, delays, or interruptions in the return shipment of Product by the Company, and any conduct or actions by the Company’s officers, directors, shareholders, employees, agents, representatives or contractors which incurs liability or damages to the Customer. The Company disclaims all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, the Company does not represent or warrant any and all information stated its advertised marketing or customer promotions; in the Company press releases; marketing articles, brochures, tradeshow materials; or any data appearing in any Company publication or forum, is accurate, complete or current.
In no event will the Company, its shareholders, directors, officers, employees, agents, representatives and contractors are liable to the Customer for any consequential, indirect, special, or incidental damages even if the Customer has been advised of the possibility of such damages. Notwithstanding the foregoing, the Company makes no representation or warranties of any type whatsoever regarding their proprietary disc repair services or to the performance or reliability of any of such disc repair processes performed by the Company, its agents or contractors. In no event shall the Company, its shareholders, directors, officers, employees, agents, representatives and contractors be liable (jointly or severally) to the Customer for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Company’s web site, its contents, or to the fitness or character of the Company’s proprietary disc repair services. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
INDEMNIFICATION
The Customer agrees to defend, protect, indemnify and hold the Company, its shareholders, directors, officers, employees, agents, representatives and contractors, harmless from and against all claims of any kind, whether based in contract, in tort (including negligence or strict liability), or resulting from (a) services provided by the Company on behalf of Customer hereunder, (b) any use by the Company of any Product or personal property provided by Customer, (c) any breach by Customer including without limitation any failure by Customer to observe or satisfy any terms or conditions in this Terms of Use and Conditions Policy, (d) any violation of any applicable federal, state or local laws with regard to the transmission and use of information and content, including laws related to privacy, publicity, the Communications Decency Act of 1996, arising out of the Customer’s Product submitted to the Company, (e) any infringement of any United States or other patent, trademark, copyright, trade secret or other intellectual property right, including but not limited to any and all performance license rights, mechanical license rights, synchronization license rights and rights under the Digital Performance Right in Sound Recordings Act of 1995, relating to the Content supplied by Customer, or (f) otherwise for any losses, expenses, damages and liabilities, direct, indirect, special or consequential which may arise out of Customer's loss of use or enjoyment of the Product which may have been damaged or destroyed by the Company.
INTELLECTUAL PROPERTY
All content included on the Company’s web site and information advertised or communicated to the public about proprietary compact disc repair processes is the property of Company and is protected by United States and international copyright laws. Any Company content shall not be reproduced or used without express written permission from the Company. All users of this web site agree not to decompile, reverse engineer or disassemble any products, services or processes accessible through the Company’s web site, and agree not to manipulate the content of the Company’s web site in any way which affects the user's experience, and not to use any data mining, data gathering or extraction method. The Company reserves the right to terminate any Customer relationship hereunder if the Company, in its sole discretion, believes the Customer is in violation of any condition of the Terms of Use and Condition Policy. The Company does not promote, foster or condone the copying, manipulation, redistribution, or retransmission of any copyrighted or trademarked property or any property that legally belongs to another party, or any other illegal infringing activity.
www.discbuffer.com and DiscBuffer are registered trademarks of Company. The Company’s web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, service marks and trade dress of Company may not be used or reproduced without prior written approval from Company, and may not be used in connection with any product or service that is not affiliated with Company. Further the Company's trademarks, service marks and trade dress may not be used in any manner that is likely to cause confusion among Customers, in any manner that dilutes the rights of Company, or in any manner that disparages or discredits Company. The Better Business Bureau’s logos are trademarks of the Better Business Bureau and are used only with the permission of this organization. Other trademarks that appear on the Company’s web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. Any images of persons or personalities contained on the Company’s web site are not an indication or endorsement of the Company or any particular product or service unless otherwise indicated.
USE OF INFORMATION SUBMITTED
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication the Customer or Interested Party may send to the Company (herein referred to “Aforementioned Content”), including, without limitation, responses to questionnaires or through postings to the Company’s web site without further compensation, acknowledgement or payment to the originating party for any purpose whatsoever including, but not limited to, developing marketing campaigns and creating, modifying or improving the Company’s web site or other business services. Furthermore, by posting any of the Aforementioned Content on the Company’s web site, the Customer or Interested Party will grant the Company a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce, or modify the Aforementioned Content.
Please note the Company does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to the Company. Should a Customer or Interested Party send any unsolicited materials or ideas, the Customer and Interested Party does so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against the Company regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
QUALITY SERVICE TESTING
From time to time, the Company tests various aspects of our proprietary disc repair services, including Customer satisfaction levels, service quality, marketing promotions and pricing, and the Company reserves the right to include Customers or exclude them from these tests, for any reason, and without prior notice.
ELECTRONIC COMMUNICATIONS
By using the Company’s services, the Customer consents to receiving electronic communications from the Company. These communications will include notices about your account and information concerning or related to our proprietary disc repair services or service offerings. These non-confidential communications are part of your relationship with the Company and the Customer will receive them as part of the Company’s relationship with its Customers. The Customer agrees any notice, agreements, disclosure or other communications the Company will send the Customer electronically, including faxed communications, will satisfy any legal communication requirements, including that such communications be in writing.
USERS CONDUCT ON THE COMPANY’S WEB SITE
By accessing the Company’s web site, all users agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Company’s web site or its business operations.
LIMITATIONS ON USE
You must be 18 years of age to conduct business with the Company. The content on the Company’s web site is for the Customer’s use and the Company grants all users of the web site a limited license to access the Company’s web site for that intended purpose. Any users of the Company’s web site may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Company’s web site without express written consent from the Company. Any unauthorized use of the Company’s web site or its contents will terminate the limited license granted by the Company.
RIGHT NOT TO SHIP TO POST OFFICE BOXES
The Company reserves the right, at any time, and for any reason, not to conduct business with Customers who use a US Postal Office Box, as the Customer’s primary address of record. Further, the Company may, at any time, and for any reason, enact additional security measures, which may preclude conducting business with certain Customers, based on recommendations from security professionals and others charged with minimizing credit card fraud, identity theft, and other criminal behavior which may cause Company losses and chargebacks.
RIGHT TO TERMINATE
We reserve the right to terminate or restrict any Customer’s use of our Company’s web site, or goods and services offered for sale, without prior notice, for any or no reason whatsoever.
RIGHT TO ASK FOR ADDITIONAL CUSTOMER INFORMATION
The Company reserves the right to request from the Customer, additional information pertaining to the Customer’s identity, address of record, credit card information or any information pertaining to the Customer’s Product. The Company reserves the right to request these additional items of data from the Customer for security and for other purposes, which may or may be not be disclosed to the Customer. The Company retains the right to contact and assist local, state, and federal law enforcement officers and prosecutors if the Company suspects the Customer has engaged in or has conspired to commit, directly or indirectly, any criminal or illegal activity, as defined by local, state or federal statutes including but not limited to (a) submitting any false, inaccurate or misleading information; (b) involvement in the sale of counterfeit or stolen items; (c) involved, in any way, with illegal gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity, (d) violate the Company’s Terms of Use and Conditions Policy, (e) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (f) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (g) be involved with, in any way, with defamatory, trade libelous, unlawfully threatening or unlawfully harassing activities; (h) submit Product which may be obscene or contain pornography or other illicit images or content; (i) submit Product containing viruses, Trojan horses, worms, time bombs cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, compromise, or expropriate any electronic computer system, (j) create liability or burden for the Company or cause the Company to lose (in whole or in part) our valued reputation in our industry or in the marketplace or the loss of goodwill with our customer base or with our valued suppliers.
The Company reserves the right to contact local, state, and federal law enforcement officers and prosecutors if the Customer has engaged in or has conspired to commit, directly or indirectly, any criminal or illegal behavior, including tampering, hacking, modifying or otherwise corrupting the security or functionality of the Company’s web site or business operations, specifically our web site’s electronic financial payment process. If the Customer is engaged in any criminal or illegal acts or behavior, the Company reserves the right to terminate the Customer’s account and hold the Customer responsible for all damages. The Company reserves the right to place a hold Customer’s funds or credit card accounts, hold or foreclose all of the Customer’s Product which the Company may have in its possession, indefinitely suspend or close any other accounts which may be affiliated or related to the Customer and refuse to provide future disc repair services to Customer.
The Company reserves the right to consult with our attorneys and seek any legal remedy available under the law if the Company believes a Customer is engaged, directly or indirectly, in any criminal or illegal behavior including (a) activities which pose a significant credit or fraud risk to the Company, (b) the Customer’s actions may cause financial loss or legal liability to any other Customer or potential Customer or to the Company; or (c) the Customer’s use of his Pay Pal account is deemed by Pay Pal, Visa, MasterCard, American Express or Discover to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the Pay Pal system to test credit card behaviors. In addition, Pay Pal and the Company reserves the right to hold Customer funds beyond the normal payment periods if the Company deems the Customer is involved, directly or indirectly, with suspicious or criminal behavior.
Additionally, to secure the Customer’s performance to this Terms of Use and Conditions Policy, the Customer grants to the Company a lien on and security interest on all Customer accounts. The Customer acknowledges that the Company may setoff against any Customer accounts the Customer owns for any negative balance in any other Customer accounts, at any time, and for any reason. These obligations include both secured and unsecured Customer debts, and debts the Customer owes individually or together with someone else.
FORCE MAJEURE
The Company is not liable for any failure to deliver, or delay in the delivery, of any Product due to a cause beyond its control, including but not limited to acts of God, fires, typhoons, earthquakes, hurricane or tropical storms, major meteorological events, significant disruptions caused by the airline industry or other national transportation carriers, labor disputes, governmental or political actions or inability to obtain materials, components, energy, trained labor, or suitable shipping carriers.
LINKS
Some of the hyperlinks and banners on the Company’s web site may lead to other web sites that are not controlled by, or affiliated with the Company. In addition, other web sites may link to the Company’s web site. The Company has not reviewed these web sites and is not responsible for the content or privacy policies of these web sites.
TAXES
The Customer is responsible for the payment of all taxes, including but limited to sales, use, personal property, excise or other similar taxes or export and import taxes, duties, and charges imposed or levied by a governmental, regulatory body, or transportation carrier, if such transportation carrier is transporting shipments across international borders, as a result of conducting business with the Company. The Company retains the right to charge and collect from the Customer all legally imposed taxes or charges, of any kind and nature, even from those Customer transactions which have been recently completed but did not result in the proper levy and collection said taxes or duty. The Company stated prices, whether they are advertised or offered as a special or promotion, are communicated to the Customer net of taxes and duty.
ASSIGNIBILITY
The Customer may not transfer any rights, obligations or interests which may have accrued under this Policy without the prior written consent of the Company. The Company reserves the right to transfer this Policy or any right, obligation or interest under this Policy without the Customer’s consent.
DISPUTES
For any Customer’s legal claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $15,000.00 USD, the Customer and the Company elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, for legal claims which total greater than $15,000.00 USD, then such legal claim against the Company will be adjudicated by a court of competent jurisdiction located in Montgomery County, Pennsylvania. The Customer and the Company expressly agree to submit to the personal jurisdiction of the courts located within Montgomery County, Pennsylvania. The Customer and the Company expressly and irrevocably consent to the above jurisdiction and venue.
Any waiver by the Company of any default by the Customer hereunder shall not be deemed to be a continuing waiver of such default or a waiver of any other default or of any of the terms and conditions of this Policy. The terms and conditions of this Policy may not be superseded, modified, or amended except in a writing stating that it is a modification and signed by an authorized representative of each party. This Policy constitutes the entire agreement between the Customer and the Company with regard to the Company’s proprietary disc repair services, and expressly supersedes and replaces any prior or contemporaneous agreements, written or oral, relating to such goods or services. This Policy is governed by, construed and enforced in accordance with the laws of the State of Pennsylvania, without regard to conflict of laws provisions. In any suit or action brought to enforce any term, condition, or covenant of this Policy or to recover damages arising from any breach of this Policy, the losing party shall pay the prevailing party's reasonable attorneys' fees and any and all other court and litigation costs and expenses which may be incurred by the prevailing party in any suit, action, or in any reviews or appeals therefrom. If any of the terms and provisions of this Policy Agreement are invalid or unenforceable, such terms or provisions shall not invalidate the rest of the Policy which shall remain in full force and effect as if such invalidated or unenforceable terms or provisions had not been made a part of this Policy.
EXCLUSIVE REMEDIES
The Customer’s sole and exclusive remedies for any and all claims against the Company arising out of this Terms of Use and Conditions Policy shall be limited to the following, at the option of the Company: (a) complementary, free repair of the Product in question utilizing the Company’s proprietary disc repair process. The Customer shall be responsible for all shipping and transportation costs or (b) the Company’s refund of the monies paid by the Customer. Without limiting the foregoing, the Company and Customer agree that if any remedy hereunder is determined to have failed of its essential purpose, all other limitations and exclusions of liability set forth herein shall remain in effect.
PRIVACY POLICY
Personal information means information that can be used to identify and contact you, specifically your name, postal delivery address, e-mail address, payment method and telephone number, as well as other information when such information is combined with your personal information.
When you purchase services at the Company’s web site, the Company may ask you to supply us with personal information so that we can provide, enhance and personalize our products, services and marketing efforts. For similar reasons, the Company may supplement the personal information you provide with publicly available information about you. The Company also may use your e-mail address to send you newsletters, as the well as messages about the Company’s special offers, promotional announcements and consumer surveys. Occasionally, the Company may send these materials to you via US postal mail, using the shipping address provided. Our mailers that contain your Product may also contain promotional items or advertisements. If you no longer want to receive the Company newsletters or other announcements, simply draft a written letter to the attention of the Office of the President, at the address stated at the bottom of this Policy, and state your request that your name and address be removed from our marketing database. Please note that you cannot unsubscribe from certain correspondence from the Company, including messages and communications relating to your account transactions.
The Company keeps tracks of all Customer interactions, including but not limited to the Customer’s use and actions while he is on the Company’ s web site, payment history and correspondence. The Company’s use of this Customer information is for developing and promoting marketing campaigns and future marketing programs which the Company thinks will enhance our product and service offerings. The Company also provides analyses of our web site users in the aggregate to prospective marketing partners, advertisers and other third parties.
The Company’s web site contains links to other web sites operated by third parties whose policies regarding the handling of personal information may differ from ours. While the Company endeavors to associate with reputable web sites, the Company cannot be responsible for the information handling practices of these other web sites or companies who operate them.
The Customer is responsible for updating and maintaining the truth and accuracy of the personal information you provide the Company relating to your account. If the Customer wants to update your contact information or change your payment method, you should do so by emailing customerservice@discbuffer.com.
As users browse the Company’s web site, cookies are placed on your computer's hard drive. (Cookies are small pieces of data that are sent to your browser from a Web server and stored on your hard drive for record keeping purposes.) In general, cookies can make the web more useful by storing information about your preferences on a particular site. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. If your browser is set to not accept cookies, you will not be able to use the Company’s web site.
In addition to cookies, the Company’s use of other technologies, including pixel tags, to gather information on how our users interact with our site and to otherwise help us efficiently operate and monitor our site and service. These technologies show us, for example, popular pages, conversion rates, click-throughs and other information that can be used to improve, operate and monitor our web site and our products and services offered. Third parties, including consultants the Company engage and online advertisers, may also use this technology to perform similar services for us as well as to assess their own advertising or services.
Except as otherwise disclosed to you, the Company will not sell, rent or disclose your personal information to third parties without notifying you of our intent to share the personal information in advance and giving you an opportunity to prevent your personal information from being shared.
The Company’s reserves the right to engage other companies, agents or contractors to perform services on our behalf. For example, the Company have partnered with other companies to personalize and optimize our web pages, process credit card transactions, collect debts, analyze and enhance data, including customers' interaction with our web site, and process consumer surveys. The Company also provides postal addresses to the U.S. Post Office for delivery purposes. In the course of providing such services, these other companies may have access to your personal information. These companies are not permitted to use your personal information except for the purpose of providing the services the Company request of them.
From time to time, the Company may partner with companies whose products or services the Company believes will be of interest to our Customers. In conjunction with these partners, the Company may send promotional announcements and/or serve web-based advertisements to our Customers on their behalf. In addition, the Company may offer joint promotions or programs that, in order for participation, will require personal information be shared with third parties. In such instances, all Customers will be provided with prior notice before the Company engages in such a project.
The Company reserves the right to disclose any and all Customer personal information when the Company reasonably believes disclosure is required by local, state, or federal law, or if the Company reasonably believes disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety. The Company does not service or repair any Product or polycarbonate disc medium which is marked as pornographic, or suggests pornographic or indecent material, may contain illegal or unlawful content, degrading, likely to incite prejudice or passion or otherwise inappropriate or contains unsuitable material so marked which may offend a mature individual using local community morals and standards. The Company reserves the right to contact law enforcement officers and prosecutors if such material is so delivered to the Company’s premises. In addition, the Company reserves the right to contact law enforcement officers and prosecutors if the Company believes the Customer is involved in, directly or indirectly, or in conspiracy with others to commit credit card fraud or any crime involving identity theft or unlawful manipulation of electronic financial payments. In the event that Company is acquired by or merged with a third party, the Company reserve the right, to sell or otherwise transfer the personal information the Company has collected as part of that transaction provided that such third party continues to honor our privacy policy.
The Company takes information security very seriously and uses reasonable administrative, technical and managerial measures to protect your personal information from unauthorized access. Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, the Company cannot guarantee the security of any and all Customers’ personal information and cannot assume liability for improper access to it. By using this web site, or providing personal information to the Company through any means, all Customers agree that the Company can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this web site.
As the Company’s updates and expands our products and services, the Company may make changes, at any time, for any reason, without prior notice, to this Policy. All Customers should check back for updates to this Policy from time to time. The Customer’s use of the Company’s web site or continued use of our Company’s proprietary compact disc repair services means that you continually agree to be bound by this Policy.
If any Customer or Interested Party has questions concerning the Company or any of our proprietary compact disc repair services, please contact the Customer Service Department. Formal written inquiries or correspondence should be mailed to the attention of the Office of the President, Fortis Automation Ltd, 2381 Philmont Avenue, Suite 116, Huntingdon Valley, PA 19006.
DEFINITION OF TERMS
www.discbuffer.com is the current official web site address of the Company.
DiscBufferTM is a registered trademark belonging to the Company.
“Product” - refers to any polycarbonate disc(s), or other personal property, of any kind or nature, submitted by the Customer for repair servicing or for other reasons.
“Customer” - any individual, or group of individuals, partnership, association, corporation, or governmental bodies, including military, educational, and not-for profit entities, who individually or collectively will conduct business with the Company. Customer includes the Customer’s spouse, if married; guardian; heirs; beneficiaries; estate; attorneys and legal representatives.
“Company” - meaning a legal Pennsylvania corporation called the Fortis Automation Ltd, whose is defined collectively as its shareholders, officers, directors, employees, agents, legal representatives and contractors.
“USPS” - the United States Postal Service and its agents and contractors.
“his” - a pronoun to denote the Customer, whose exact gender is not specified.
“Interested Party” - which may or may not be a Customer, but is anyone who maybe an, individual, partnership, association, corporation or governmental body considering doing business with the Company.
“Users” - all Company web site viewers who may or may not be Customers.
“Policy” - refers to any sentence, clause, paragraph or collection therein or the entire agreement of the Terms of Use and Conditions as stated herein.
“Return Materials Authorization Number” – or RMA, is required for all warranty servicing claims. The Company’s Customer Service Department’s manages all warranty claims.
