PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of either Bill Bailey, LLC d/b/a Nodal
Ninja ("Nodal Ninja") or Fanotec. The collective work includes works
that are licensed to Nodal Ninja. Copyright 2008, Nodal Ninja ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with Nodal Ninja
or purchasing Nodal Ninja products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Nodal Ninja
or to purchase Nodal Ninja products. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless authorized by Nodal Ninja. You further
agree not to change or delete any proprietary notices from materials downloaded
from the site.
Trademarks
All trademarks, service marks and trade names of Nodal Ninja or Fanotec used in
the site are trademarks or registered trademarks of Nodal Ninja or Fanotec.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant
to applicable law, Nodal Ninja disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. Nodal Ninja does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that this
site or the server that makes the site available are free of viruses or other
harmful components. Nodal Ninja does not make any warrantees or representations
regarding the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some
states do not permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability Each of Nodal Ninja and Fanotec shall
not be liable for any special or consequential damages that result from the use
of, or the inability to use, the materials on this site or the performance of
the products, even if Nodal Ninja has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
Typographical Errors
In the event that a Nodal Ninja product is mistakenly listed at an incorrect
price, Nodal Ninja reserves the right to refuse or cancel any orders placed for
product listed at the incorrect price. Nodal Ninja reserves 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, Nodal Ninja shall issue a credit to your credit
card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Nodal Ninja without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Nodal Ninja may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided to Nodal
Ninja.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Arizona, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of Nodal Ninja products) shall be in the state or federal
courts located in Maricopa County, Arizona. Any cause of action or claim you
may have with respect to the site (including but not limited to the purchase of
Nodal Ninja products) must be commenced within one (1) year after the claim or
cause of action arises. Nodal Ninja's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. Nodal Ninja may assign its rights and duties under this
Agreement to any party at any time without notice to you.� These terms and conditions may be revised,
amended, or modified at any time for any reason or no reason in the sole
discretion of Nodal Ninja, with any such revision, modification or amendment
being effective as the date posted on this website.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Nodal Ninja or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Nodal Ninja does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, Nodal Ninja is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any
contents or activities on the site. However, Nodal Ninja reserves the right to
block or remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to Nodal Ninja in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless each of Nodal Ninja and
Fanotec, their respective officers, directors, employees, agents, licensors and
suppliers (collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any activity
related to your account (including negligent or wrongful conduct) by you or any
other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Nodal Ninja may link
to sites operated by third parties. However, even if the third party is affiliated
with Nodal Ninja, Nodal Ninja has no control over these linked sites, all of
which have separate privacy and data collection practices, independent of Nodal
Ninja. These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Nodal Ninja seeks to protect the
integrity of its web site and the links placed upon it and therefore requests
any feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
Also affiliate linking and resulting commissions generated does NOT apply to products bundles, Leica GeoSystem Laser Scanner packages, as well as used
equipment. Commissions generated from these items will be subtracted at time of
payout as there is currently no way for us to deselect specific items from the
program.
Refund/Return
Policy:
Return
Policy
There
have been people buying our product with the sole intention of returning it
after use. Because we do not have a rental program in place and to prevent this
sort of activity we must adhere to strict policy surrounding Fanotec products
while protecting those with genuine equipment incompatibilities or other
reasons. After you receive the Fanotec product, it is your responsibility to
make sure it works for your equipment and is everything you had expected. �If it is not, we will gladly accept your
return with the following conditions.
We
will accept items if returned by the original buyer NO LATER than 30 days from
date of receipt by buyer (7 days for NN5 products). We will refund the original
amount paid, less the amount shipping and handling at the time of purchase. �Returns must include all materials as shipped,
with no scratches or obvious marks, and buyer is solely responsible for
shipping and handling fees incurred in returning any product. �Items received as stated above will be
refunded to the original buyer in an amount equal to the original item cost
(less shipping and handling). Items missing from shipment will be deducted from
the refund (with the applicable amount determined by us in our sole discretion).
�Items that show signs of use will be
charged 10%-25% restocking fee depending on amount of wear shown (as determined
by us in our sole discretion).
Items
received from the original buyer in condition noted above after 30 days (7 days
for NN5 products) of buyer receipt but no later than 60 days will be charged a
25% restocking fee.
Please
allow up to 7 days to process and issue your refund. For international orders
we are not responsible for exchange rate differences between the time you buy
to the time money is refunded.
Our
return policy only applies to purchases made through this website and may
differ from those of our other online store fronts and/or resellers. We reserve
the right to ban those doing returns from future purchases.
eBay
Note: Nodal Ninja products sold on eBay by individuals are NOT covered by any warranty, express or implied, including any warranty
for fitness for a particular purpose or merchantability, nor we can offer any technical
support -buy at your own risk.
Also please report any illegal use of images and text that may have been copied
from our website.
Revisions,
amendments or modifications of the terms and conditions of this policy may be
made at any time for any reason or no reason in our sole discretion, with any
such revision, amendment or modification being effective as of the date posted
on this website.
