Important Information

This Sale Agreement is a legal contract between the Customer and DATA UPDATE INC. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "DATA UPDATE INC" shall relate to DATA UPDATE INC. and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. Terms and conditions may be amended from time to time without notice at data update inc sole discretion.

This Sale Agreement constitutes the entire agreement between the Customer and DATA UPDATE INC relating to the purchase or sale of goods or services on the Site. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting DATA UPDATE INC at service@dataupdate.com.

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Other than as specifically provided in any separate formal purchase agreement between Customer and DATA UPDATE INC, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and DATA UPDATE INC.

Title to products passes from DATA UPDATE INC to Customer on shipment from DATA UPDATE INC's facility. Loss or damage that occurs during shipping by a carrier selected by DATA UPDATE INC is DATA UPDATE INC's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

Governing Law
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

General Legal Disclaimer
DATA UPDATE INC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY DATA UPDATE INC IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Third-Party Product and Y2K Disclaimer
All products sold by DATA UPDATE INC are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, DATA UPDATE INC makes no representation or warranty with respect to the Y2K compliance of products sold.

Pricing and Information Disclaimer
All orders will be billed at prices in effect at the time of delivery and all pricing are subject to change. For all prices, products and offers, DATA UPDATE INC reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids and government orders are welcome!

While DATA UPDATE INC uses reasonable efforts to include accurate and up-to-date information on the Site, DATA UPDATE INC makes no warranties or representations as to the Site's accuracy. DATA UPDATE INC assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability
DATA UPDATE INC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. DATA UPDATE INC WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, DATA UPDATE INC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Export Sales

If goods herein being purchased is being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. Data Update has the export service upon request.

Any and all liability is only for the products purchased. If you want us to export any of our products, we are pleased to do that on your behave, but in that case the price and terms and conditions will change. The Customer should inquire further regarding any questions.

Arbitration:
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST DATA UPDATE INC, its agents, employees, successors, assigns or affiliates (collectively referred to as "DATA UPDATE INC" for purposes of this paragraph), arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), DATA UPDATE INC's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED under Maryland Law.

WARRANTY

Product warranties, if any, are provided by the manufacturer or publisher of the Products. Data Update Inc  no warranties whatsoever. Data update’s sole obligation (and Purchaser’ s sole remedy) in the event of breach of any warranty shall be the repair or replacement of defective Products. IN NO EVENT SHALL DATA UPDATE BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. Data Update Inc DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. DATA UPDATE INC MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY SET FORTH HEREIN.

PATENT AND TRADEMARK INDEMNITY

DATA UPDATE INC SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS PURCHASER FROM AND AGAINST ANY OR ALL DAMAGES AND COST INCURRED BY PURCHASER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS BY PRODUCTS.

Payment Terms; Orders; Quotes; Interest

Terms of payment are within DATA UPDATE INC's sole discretion, and unless otherwise agreed to by DATA UPDATE INC, payment must be received by DATA UPDATE INC prior to DATA UPDATE INC's acceptance of an order. The payment for the products will be made by credit cards (VISA card or MASTER card), wire transfer, or some other prearranged payment methods. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. DATA UPDATE INC may invoice parts of an order separately. Orders are not binding upon DATA UPDATE INC until accepted by DATA UPDATE INC. Any quotations given by DATA UPDATE INC will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Maryland and Washington state customers have to pay taxes under the respective state laws.

Freight Policy

Separate charges for shipping and handling will be shown on DATA UPDATE INC's invoice(s). Unless Customer provides DATA UPDATE INC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to DATA UPDATE INC's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.

Software and DVD Movie Return Policy
Only defective software and DVD movies can be returned to DATA UPDATE INC. The return must take place within 7 days of receipt of goods and may only be replaced for the SAME software or DVD movie title. Unopened software may be returned for refund or exchange within 7 days of receipt of goods. Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer.

NOTE:  Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer. Multiple licenses may not be returned beyond 7 days for any reason.

Products

DATA UPDATE INC's policy is one of ongoing product update and revision. DATA UPDATE INC may revise and discontinue products at any time. DATA UPDATE INC will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building DATA UPDATE INC products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices

Applicable Law; Not For Resale

Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. DATA UPDATE INC has separate terms and conditions governing resale.

Check payment policy
DATA UPDATE INC will accept a cashier’s check, money order, master card and visa card on all orders.

Credit Cards
Credit card charges are not submitted until time of shipment. DATA UPDATE INC does not apply any surcharge for credit cards. Only Master Card and Visa Cards are accepted.

Service and Support

DATA UPDATE INC endeavors to provide the best customer and technical telephone support in the personal computer industry. For end-user Customers, DATA UPDATE INC promises that its support people will attempt to handle over the telephone any problem involving DATA UPDATE INC products. However, DATA UPDATE INC's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. DATA UPDATE INC has no obligation to provide service or support until DATA UPDATE INC has received full payment for the product or service/support contract for which service or support is requested. DATA UPDATE INC will make on-site service available to Customer in the United States in accordance with the then-current terms and conditions set by DATA UPDATE INC and/or the third-party service provider.

Business Leasing
Business leasing plans are available through One Lease, Deutsche Financial. Monthly lease payments quoted are based on a 36-month lease. Rates are subject to change. Lease price does not include documentation fee (up to $150), shipping, applicable taxes and other potential fees. First and last payments are due at lease inception. Most advertised DATA UPDATE INC leases include a Fair Market Value purchase option at lease end. Contact your DATA UPDATE INC for more information.

Headings

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

Miscellaneous

Item not specifically mentioned above should be addressed to Data Update Inc. at service@dataupdate.com.

Data update inc and the data update inc logo are trademarks used under license by Data update Inc. Entire contents copyright 2001 by Data Update Inc. All rights reserved. All other trademarks are the property of their respective companies.

This agreement becomes effective on invoice date.

Contacting DATA UPDATE INC

Customers Service : service@dataupdate.com

Return Service       : returns@dataupdate.com

Data Update Inc.® Terms and Conditions of Sale

Please feel free to contact us because YOUR DATA IS OUR BUSINESS.                        Return to Home