Terms of Service Agreement
Welcome to the website for iGAM an operation of NRTC Alabama, Inc., (“iGAM”, “us” or “we”).
These website Terms of Service (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of the website, including all pages within (collectively referred to herein below as this “Website”). Your use of the Website governed by these Terms includes any uses of the Website for buying and selling items as well as for services including refurbishment and shipping. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.
Sections
- Capacity to Contract
- Payment
- Pricing and Products
- Promotional Offers
- Return Policy
- Intellectual Property Rights
- Restrictions
- Modifications to and Discontinuance of the Website and its Related Services
- Security
- Mobile Devices
- No Warranties
- Limitation of Liability
- Indemnification
- Waiver
- Severability
- Variation of Terms
- Entire Agreement
- Governing Law and Jurisdiction
- Privacy
Capacity to Contract
The Website is available to individuals acting in a professional capacity. If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on its or his/her behalf. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
Payment
To pay for an order, you will need to provide iGAM with the information necessary to process an order from you, including your shipping address and the billing information requested on the Website to pay for such order in the check-out process. You may pay for your order via any manner then available on the Website, subject to such limitations provided within the Website. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience. You represent that you will not use any form of payment unless you have all necessary authorization to do so. We assume that only people aged 18 or over are placing orders and providing us with the information requested during the order process. We shall not be liable in the event your others acting with or without your permission use your means of payment to make purchases on the Website; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
Pricing and Products
Product images are representative of a category of product and are provided for illustration purposes only and may not be an exact representation of the final products purchased. iGAM reserves the right to change product images at any time without notice.
Products displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of an item until you place an order. We are not responsible for typographical errors regarding price or any other matter. Unless otherwise noted on the Website at the time of your Order, all prices for an item listed exclude shipping and handling and refurbishment. Unless otherwise set forth on the Website, the prices do not include sales taxes or any other taxes that we are required to add to your order. Such taxes will be added to your total purchase price when invoiced, if applicable.
Delivery of products will be made pursuant to the terms and conditions offered by the third-party shipping option chosen by you in the check-out process. We will release items for shipment only after our receipt of payment and related tax exemption documentation when applicable unless otherwise agreed.
Promotional Offers
We may run promotional offers from time to time on the Website. The terms of any such promotion will be posted on the Website. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Only one promotional code may be used per transaction.
Return Policy
1. iGAM’s products are sold in the current “as is” condition in which they were received. Any item listed and sold on the Website comes with no operational warranty obligation from iGAM, unless otherwise specified in writing prior to shipment. iGAM offers a 30 day guarantee on all purchased items, provided the buyer physically returns the purchase to iGAM within 30 days of receipt, and the exact item is received in the same condition as it was verified in shipping from iGAM. Refunds will be issued back to the method of payment used during purchase. To initiate a return, please contact cu*************@ig**.com.
2. All transportation fees for parts or components returned shall remain the responsibility of the customer.
3. These are the sole conditions given by iGAM with respect to the Products and are in lieu of any other warranties, either express or implied, arising by operation of law or otherwise, including without limitation, merchantability and fitness for a particular purpose and/or non-infringement. To the fullest extent permitted by law, in no event shall iGAM be liable for any special, indirect, punitive, cover, incidental, or consequential damages, however caused, whether in contract or tort or under any other theory of liability, including without limitation, loss of revenue, anticipated profits, business or sales, any loss of goodwill or reputation, or the costs of substitute goods or services, even if iGAM or an authorized representation thereof has been advised of the possibility of such damages. In no event shall the total liability of iGAM to customer for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, infringement, negligence, product liability, or otherwise), exceed the amount paid by customer for the specific goods provided by iGAM giving rise to the claim or cause of action.
4. While many PLC products will have firmware already installed, iGAM makes no representation as to whether a PLC product will or will not have firmware and, if it does have firmware, whether the firmware is the revision level that you need for your application. iGAM also makes no representations as to your ability or right to download or otherwise obtain firmware for the product, the distributor, or any other source. iGAM also makes no representation as to your right to install any such firmware on the product. iGAM will not obtain or supply firmware on your behalf. It is your obligation to comply with the terms of any End-User License Agreement or similar document related to obtaining or installing firmware.
5. All matters relating to the iGAM Assurance Policy are governed by the terms of this Policy and the Terms of Service Agreement (located at /terms-and-conditions) governing the purchase of Products on our site.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, iGAM and/or its licensors own all rights to the intellectual property and material contained in this Website, including trademarks, logos and service marks displayed on the site, and all such rights are reserved. Unless otherwise specified, all information and screens appearing on this Website including all materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of iGAM. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
Restrictions
You are expressly and emphatically restricted from all of the following:
- Publishing any Website material in any media
- Selling, sublicensing and/or otherwise commercializing any Website material
- Publicly performing and/or showing any Website material;
- Using this Website in any way that is, or may be, damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- Using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from access by you and iGAM may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
Modifications to and Discontinuance of the Website and its Related Services
Registration is required to use certain features on the Website. We reserve the right, in iGAM’s full discretion, to modify or discontinue the Website or related services with or without notice to you. We also reserve the right, in our sole discretion, to disapprove any request to become a registered user or to suspend or terminate your right to use the Website for any reason. We will not be liable to you, or any third party should we exercise our right to modify or discontinue the Website and related services or suspend or terminate your right to use the Website. You may need to update third-party software from time to time in order to use the Website and related services. If you object to any such changes, your sole recourse will be to cease access to the Website or related services. Continued access to the Website or related services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Website or related services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Website and related services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Website or related services.
Security
You are solely responsible for protecting the confidentiality of your login ID and password and are responsible for all use of your website account. You agree to notify iGAM immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Website. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Mobile Devices
Some mobile devices may not be capable of accessing the Website in its entirety. iGAM is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Website using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.
No Warranties
This Website is provided “as is,” with all faults, and iGAM makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.
Limitation of Liability
In no event shall iGAM , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and iGAM , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent iGAM from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Waiver
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
iGAM is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. Assignment iGAM shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between iGAM and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law and Jurisdiction
You agree that all matters relating to your access to or use of this Website and its related services, including all disputes, will be governed by the laws of the state of Alabama without regard to conflict of laws principles. You agree to the personal jurisdiction by and venue in the state and federal courts in Jefferson County, Alabama, and waive any objection to such jurisdiction or venue.
Privacy
iGAM is committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. You can unsubscribe from these communications at any time. For more information on how to unsubscribe, our privacy practices, and how we are committed to protecting and respecting your privacy, please review our Privacy Policy