Terms and Conditions Applicable to Use of Our Website, Including Purchases through Our Website
Last updated: March 08, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.avcostar.com website (the "Service") operated by Arecont Vision Costar (AV Costar, "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you are not authorized to access or use the Service and you should not use the Service.
When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other means. 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.
Purchases and Pricing
If you wish to purchase any product or service, request a 30 day loaner, RMA, or advanced replacement, made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your purchase including, without limitation, your name, credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order/request at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Pricing is available via our authorized distributors. Please contact one of our Internal Sales Managers at +1 818 937 0700 or [email protected] for more information.
Risk of Loss and Returns
All Deliveries to you of Purchases from AV Costar are made pursuant to a shipment contract with a third party carrier. The risk of loss and title for your Purchases will pass to you upon our delivery to the carrier. AV Costar will not be responsible for any losses or damages that you may incur as a result of the shipment of Purchases to you.
AV Costar does not take title to returned Purchases until they arrive at our fulfillment center. For more information about our returns and refunds policy, please see our Refunds Policy at http://www.arecontvision.com/policy/.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you are representing to us that you are at least 18 years old, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
All content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are and will remain the exclusive property of AV Costar or its licensors and protected by United States and international copyright, trademark, and other laws. The compilation of all content included in or made available through any of our Services is the exclusive property of Arecont Vision Costar and protected by U.S. and international copyright laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Arecont Vision Costar.
All other trademarks not owned by AV Costar that appear in any of our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AV Costar.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by AV Costar.
AV Costar has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that AV Costar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless AV Costar and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall AV Costar, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
AV Costar its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
By using any the Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, as applicable, will govern these Terms and Conditions and any dispute of any sort that might arise between you and AV Costar.
Any dispute or claim relating in any way to your use of any Service, or to any products manufactured or distributed by AV Costar will first be resolved by a mutually agreed-upon mediator in Los Angeles, California. Any costs and fees other than each party’s attorney fees associated with the mediation will be shared equally by each party.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, all parties will submit to binding arbitration in Los Angeles, California under the rules of the American Arbitration Association, applying California law and, to the extent applicable, the Federal Arbitration Act.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and will follow the terms of these Terms and Conditions as a court would.
If any provision herein is void or unenforceable in whole or in part, the remaining provisions of these Terms and Conditions shall not be affected thereby.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you agree to waive any right to a jury trial. Any party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Modification, and Severability
These Terms and Conditions are effective as of July 17, 2015 and will remain in effect except with respect to any changes made to these Terms and Conditions in the future, which will be in effect immediately after being posted on this page.
If any provision of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any other provision in these Terms and Conditions.
By accessing or using our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should not use the Service.
If you have any questions about these Terms, please contact us:
- By phone number: US: +1 818 937 0700
- By email: [email protected]