RETURN POLICY & FORM

RATER Research & Publishing, Inc. 
(DBA) WebTV Discounters

- Terms and Conditions of Sale

Your credit card will be billed by WebTV Discounters.

By submitting this order you are agreeing to be bound by the terms and conditions of the sale as outlined herein.

USE RESTRICTIONS
The following terms and conditions govern the sale by the entity named on the invoice (hereafter referred to as "The Company") that will be provided to Customer on orders for computer systems and/or related products sold in the United States. By accepting delivery of the computer systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in The Company's sole discretion.

1. Other Documents.
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 The Company.

2. Governing Law.
THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. Venue and jurisdiction for all disputes will lie in Broward County, Florida.

3. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation or acknowledgement 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 or decline your order for any reason. We may require additional verifications or information before accepting any order, including verification of acceptable method of payment in accordance with our credit and fraud avoidance policies.

4. Typographical Errors
In the event a product 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, RATER shall have the right to refuse or cancel any orders placed for product listed at an incorrect price or incorrect specifications. RATER will 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, RATER shall immediately issue a credit to your credit card account in the amount of the charge.

5. Payment Terms; Orders; Quotes; Catalog.
Terms of payment are within The Company's sole discretion, and, unless otherwise agreed to by The Company, payment must be received by The Company prior to The Company's acceptance of an order. Payment for the products will be made by faxed check, credit card, debit card, lease, mailed check or purchase order. The Company may invoice parts of an order separately. Orders are not binding upon The Company until accepted by The Company. Any quotations given by The Company will be valid for 15 days, subject to product availability. The Company will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages resulting from typographical errors, incorrect information or technical inaccuracies in its Product Catalog.

6. Shipping Charges; Taxes.
When applicable, separate charges for shipping and handling will be shown on The Company's invoice(s). Unless Customer provides The Company with a valid and correct tax exemption certificate applicable to the product ship-to location prior to The Company's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated.

7. Title.
Title to products passes from The Company to Customer on shipment from The Company's or a designated shipping point (FOB Warehouse). Title to software is licensed to customer according to manufacturer's license agreement.

8. Inspection by Customer.
All products shall be inspected by Customer upon delivery. Failure to inspect within 48 hours after delivery shall constitute a waiver of Customer's rights of inspection and shall be equivalent to acceptance of the product.

9. Warranties.
THE LIMITED MANUFACTURER'S WARRANTIES APPLICABLE TO THE COMPANY'S PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. THE COMPANY MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN THE MANUFACTURERS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. APPLICABLE WARRANTIES WILL BE EFFECTIVE ONLY UPON THE COMPANY'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT. ALL PRODUCT WARRANTIES ARE BETWEEN THE MANUFACTURER AND THE CONSUMER. ALL WARRANTY COMMUNICATION NEED TO BE DIRECTED TO THE MANUFACTURER, NOT RATER. The Company reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. The Company does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

10. On-Site Service Contracts.
If an on-site service contract has been purchased, The Company has no obligation to provide service or support until The Company has received full payment for the product or service/support contract for which service or support is requested. The Company will assist the customer in obtaining on-site service available to Customer in the United States in accordance with the then-current terms and conditions set by The Company and/or the third-party service provider.

The On-Site Service Contract does not cover any loss or damage resulting from; improper installation of components or peripherals, unauthorized repairs or modifications, improper use of electrical/power supply; loss of power, dropped product, collision with another object; any result of a malfunction or damage of an operating part from failure to provide manufacturer's recommended maintenance; transportation damage, damage to cabinetry, attachments; theft, abuse, misuse, neglect, vandalism, or environmental conditions (fire, floods, corrosion, sand, dirt, windstorm, hail, earthquake, or exposure to weather conditions); software and software related problems; losses on any component(s) never covered by a manufacturer's warranty; any damage to recording media including any program, data or setup resident on any mass storage devices such as hard drives, CD-ROM devices, floppy diskettes, tape drives or tape backups as a result of the malfunctioning or damage of an operating part.

Other exclusions include, but are not limited to; any repair covered by a manufacturer's warranty; recall or rework, regardless of the manufacturer's ability to pay for such repairs; damage resulting from computer viruses; burned in phosphor in CRTs; products with removed or altered serial numbers; consumables such as toner, ribbons, drums, developer, ink cartridges, and batteries; removal and reinstallation of an internal component; cosmetic or structural items, cables and connectors; component(s) never covered by a manufacturer's warranty; damage, warping or rusting of any kind in the housing, case or frame of the product or any non-operating part, including plastic, or decorative parts; loss of data or for loss of use during the period the product is at a repair facility or otherwise awaiting parts.

11. Return Policies. ALL CANCELLATIONS MUST BE IN WRITING WITHIN 24 HOURS OF ORDER SUBMISSION. NO RETURNS AFTER PRODUCT IS SHIPPED.

IF WE DO ISSUE AN RMA FOR RETURN AFTER PRODUCT IS SHIPPED THERE WILL BE a $25 or 25% INSPECTION / RESTOCKING FEE, WHICHEVER IS LARGER.  SHIPPING COSTS ARE NOT REFUNDABLE. IF FREE SHIPPING WAS OFFERED THE SHIPPING COSTS ENCOUNTERED BY COMPANY WILL BE CHARGED TO THE ORDER BEING RETURNED WITH A$25 or 25% RESTOCKING FEE.

SPECIAL ORDERS, BULK BID ORDERS, IN OFFICE/HOME SERVICE ORDERS MAY NOT BE CANCELED AFTER ORDER IS SUBMITTED DUE TO NATURE OF SPECIAL ORDERS. 

12. Special Orders. SPECIAL ORDERS MAY TAKE LONGER TO DELIVER DUE TO ON DEMAND AND/OR CUSTOM CONFIGURED SYSTEMS AND PRODUCTS.

SPECIAL ORDERS, BULK BID ORDERS, IN OFFICE/HOME SERVICE ORDERS MAY NOT BE CANCELED AFTER ORDER IS SUBMITTED DUE TO NATURE OF SPECIAL ORDERS. 

13. Exchanges.
From time-to-time, The Company may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with The Company's exchange policies in effect on the date of the exchange.

14. Products.
The Company's inventory policy is one of on-going product update and revision. The Company may revise and discontinue products at any time. The Company will ship products that have the functionality and performance of the products ordered, but reserves the right to make changes between what is shipped and what is described in a specification sheet or catalog if necessary. The parts and assemblies used in building The Company products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.

15. Limitation of Liability.
THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. THE COMPANY 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.

16. Applicable Law; Not For Resale or Export.
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. Any export of Products by Customer is subject to applicable U.S. export regulations and will be Customer's sole responsibility.

17. Service and Support.
Product service and support are available from the product manufacturer according to the terms of each manufacturer's warranty.

18. Force Majeure.
Failure of The Company, in whole or in part, to perform its obligations hereunder when due, if occasioned by act of God or the public enemy, fire, explosion, flood, riot, war, insurrection, labor disputes, sabotage, accident, embargo, or by interruption of or delay in transportation, or by any inadequacy or shortage or failure of supply of product, or by compliance with any order, direction, action or request of any court or of any governmental officers, department or agency, or by other cause beyond The Company's control which makes it impracticable for The Company to perform, shall not subject The Company to any liability to Customer. In such event, Customer may, at its option, either cancel such order in whole or in part or extend the period for performance to the extent of the delay occasioned by any such circumstance.

19. Use of Site.
By accessing, browsing and using The Company Site, Customer acknowledges that Customer has read, understood, and agreed to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If Customer does not agree to these terms, Customer should not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. The Company makes no representation that materials in the Site are appropriate or available for use outside the United States, and access to them from locations where their contents violate applicable laws is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable laws. Any matter relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Texas.

20. Use of Trademarks.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of The Company and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. The name of The Company or The Company logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.

21. Confidentiality.
The Company will not disclose to any third party any specific information provided by Customer except as contemplated by these terms and conditions and as may be reasonable or necessary to process orders, verify information provided and to collect amounts owed to The Company. However, The Company does not warrant to Customer and disclaims any responsibility for maintaining the confidentiality of information provided by Customer in using this Site and in ordering products or services. In using this Site, Customer acknowledges that there are inherent risks associated with the electronic transmission of information over the Internet and that The Company will not be liable to a Customer except for willful misconduct or gross negligence on the part of The Company.

22. 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 thereof.

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