BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER DISCTECH SOFTWARE, SERVICES, WEBSITES OR ANY OF DISCTECH’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
1. ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If DiscTech believes the information you provide is not correct, current, or complete, DiscTech has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
If you are under 18, you may use this site only with the involvement of a parent or guardian.
2. RESTRICTIONS ON USE
Certain areas of this site are restricted from access by you and DiscTech may further restrict access by you to any areas of this site, at any time, in its sole and absolute discretion. Any user ID and password you may have for this site are confidential and you must maintain confidentiality of such information.
3. PERSONAL AND NON-COMMERCIAL USE LIMITATION
DiscTech’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without DiscTech’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to DiscTech’s websites.
4. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of DiscTech or the party that provided the trademarks, services marks, logos, and copyrighted works to DiscTech. DiscTech and any party that provided trademarks, service marks, logos, and copyrighted works to DiscTech retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents of DiscTech’s websites are: Copyright © 2019 DiscTech and/or its suppliers, 2565 Camino Del Rio South Ste. 100, San Diego, CA 92108. All rights reserved.
5. PROPRIETARY INFORMATION
This site may be hyper-linked to other sites which are not maintained by, or related to, DiscTech. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or DiscTech. DiscTech has not reviewed any or all of such sites and is not responsible for the content of those sites. DiscTech is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and DiscTech makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. DiscTech provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by DiscTech of that site or any association with its operators.
7. USE OF COMMUNICATION SERVICES
DiscTech’s websites may contain product reviews, profiles, bulletin board services, chat areas, message boards, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
xii) solicits funds, advertisers or sponsors;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
xv) includes MP3 format files;
xvi) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither DiscTech nor any third party that provides Content to DiscTech will assume or have any liability for any action or inaction by DiscTech or such third party with respect to any submission. DiscTech cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. DiscTech does not control or endorse the content, messages or information found in any Communication Service and, consequently, DiscTech specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DiscTech spokespersons, and their views do not necessarily reflect those of DiscTech.
You hereby grant to DiscTech the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to DiscTech through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. DiscTech will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future DiscTech operations.
You understand that DiscTech cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may 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 this site for any reconstruction of any lost data. DiscTech does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by DiscTech.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DISCTECH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DISCTECH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISCTECH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DISCTECH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT DISCTECH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DISCTECH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and DiscTech does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
10. LIMITATION ON LIABILITY
DISCTECH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DISCTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DISCTECH AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO DISCTECH FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
11. TERMINATION OR RESTRICTION OF ACCESS
DiscTech reserves the right, in its sole discretion, to terminate your access to any or all of DiscTech’s websites and the related services or any portion thereof at any time, without notice.
13. CLASS ACTION
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS AND COMPLAINTS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DISCTECH ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
14. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DiscTech’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying DiscTech and its affiliates that your copyrighted material has been infringed.
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DiscTech’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: Copyright Agent
2565 Camino del Rio South, Suite 100
San Diego, CA 92108
LOGIN ACCOUNT AND SECURITY
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you become aware of any unauthorized use of your password or of your account, you agree to notify DiscTech immediately. If you are under 18, you may use our website only with involvement of a parent or guardian. DiscTech and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any passwords used for this site are for individual use only. You will be responsible for the security of your password. DiscTech will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that DiscTech considers insecure, DiscTech will be entitled to require the password to be changed and/or terminate your account.
15. CHOICE OF LAW AND VENUE
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DiscTech as a result of this Agreement or use of DiscTech’s websites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept credit cards for some purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If the credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. In addition, you also agree to reimburse us for all costs incurred in collecting any late payments, including costs of litigation and attorneys’ fees. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Shipping Policy
These shipping terms are accepted by you by placing an order with us. All items and products and services purchased through the site are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon DiscTech’s delivery of the items or products to the carrier. Terms of sale are Ex-works San Diego.
Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is an approximation and contingent upon credit card & security verification approval and inventory availability. Shipping times may be delayed should we experience difficulties in any of the above. We are not liable or responsible for any shipping delays.
5. Advertising Disclaimer and Trademarks
The descriptions of products and services that are posted on our site are primarily the representations of the product manufacturers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services available through our site are the sole property of DiscTech or their respective owners. Photographs are provided courtesy of the respective manufacturers.
6. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL DISCTECH OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF DISCTECH IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
7. Warranty and Return Policy
Many of the products available through our site are covered under the manufacturer’s warranty, which is detailed in the product’s description. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site.
To return products, you must contact us to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice or order number, SKU & serial number of item, and nature of the problem.
All products must be returned within fourteen (14) days of the date that we issue the RMA. All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items. You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, take photographs and notify us immediately to arrange for a carrier inspection and possible collection or return shipment of the damaged merchandise.
DEFECTIVE returns can be returned directly to us within 30 days (or the warranty period as specified on the sales invoice) from the invoice date for, at our discretion, credit, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the UPC may not be accepted for return. After thirty (30) days, manufacturers’ warranties may apply and you should contact the appropriate warranty service provider identified by the manufacturer.
NONDEFECTIVE returns can be accepted directly by us within thirty (30) days from the invoice date for, at our discretion, credit or exchange. NONDEFECTIVE returns maybe subject to a restocking fee.
Questions regarding our warranty and return policies should be addressed by contacting us or by regular mail to DiscTech, LLC, 2565 Camino Del Rio S. Suite 100, San Diego, CA 92108, Attention: Returns Dept.. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
8. Privacy and Customer Information
9. Service and Support
All requests for technical service and support with respect to the products and services available through our site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns, you should contact us online or by mail at DiscTech, LLC, 2565 Camino Del Rio S. Suite 100, San Diego, CA 92108, Attention: Merchandising. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
10. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
11. Entire Agreement
12. Governing Law and Statute of Limitations
This site (excluding linked site) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of San Diego and the United States District Court for the Southern District of California with respect to such matters.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.