DISCOUNT TWO-WAY RADIO TERMS AND POLICIES
Discount Two-Way Radio Corporation ("Discount Two-Way Radio") maintains this web site and all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content"), for the use of its customers, employees and members of the general public but only for the lawful purposes described below.
ACCEPTANCE OF CONTRACT TERMS; JURISDICTION
If you do not agree to these terms, do not use the Site.
The Site is controlled and operated in whole or in part by Discount Two-Way Radio from its offices within the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN CALIFORNIA, U.S.A. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Discount Two-Way Radio makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that Discount Two-Way Radio reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
Normal Web Site Usage: You can visit Discount Two-Way Radio's web site to read product and company information without telling us who you are and without revealing any personal information. The only information we collect and store during normal web site usage is the name of your Internet service provider, the web site that referred you to us, the pages you request and the date and time of those requests. We use this information to generate statistics and measure site activity to improve the usefulness of customer visits. During normal web site usage we do not collect or store personally identifiable information such as name, mailing address, email address, or phone number.
Collection of personally identifiable information: There are instances where Discount Two-Way Radio requests personally identifiable information to provide the web site visitor with their product order or correspondence. This information, such as name, mailing address, email address, type of request and possibly additional information, is collected and stored in a manner appropriate to the nature of the data by Discount Two-Way Radio and is used to fulfill your request. If you tell us that the information should not be used as a basis for further contact, we will respect your request. The information you provide is used by Discount Two-Way Radio for order fulfillment and improve the services we provide you. We may use this information to send informational and promotional mailings. It is never provided to any other company for that company's independent use.
PURCHASE TERMS AND CONDITIONS
ON-LINE TERMS AND CONDITIONS
If you have not entered into an Underlying Agreement with Discount Two-Way Radio, these On-Line Terms and Conditions are the complete agreement between you and Discount Two-Way Radio with respect to the Products you purchase or license. Discount Two-Way Radio reserves the right to modify, change or revise these On-Line Terms and Conditions, in whole or in part, at any time and without any notice, by revising this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current On-Line Terms and Conditions to which you are bound.
Order and Acceptance: You agree that your order is an offer to purchase Product(s) at the prices shown on the Site and in accordance with the terms and conditions stated below, which shall become a binding contract when accepted by Discount Two-Way Radio. You agree that these terms and conditions may not be altered, supplemented, or amended by the use of any other document(s) and any such attempt will be null and void. Discount Two-Way Radio shall indicate its acceptance of your order by shipping the selected Product(s) to you. The banking, negotiation or other use of any payment shall not constitute an acceptance by Discount Two-Way Radio.
Title and Risk of Loss: Title to the Products and risk of loss passes from Discount Two-Way Radio to you upon shipment from Discount Two-Way Radio's facility.
Shipping Costs: Separate charges for shipping and handling will be added to the price of the Products ordered unless you have made other prior arrangements with Discount Two-Way Radio. Shipping and delivery dates are best estimates only.
Payment: You shall make payment of the purchase, and applicable shipping costs prior to the products shipping unless your account has been specifically approved for thirty (30) day terms. If Products are shipped in partial shipments, separate invoices will be sent and corresponding partial payments are required. Discount Two-Way Radio shall retain, and you hereby grant Discount Two-Way Radio, a security interest and right of possession in the Products until you make full payment. Service charges at the maximum rate permitted by applicable law may be invoiced on accounts more than thirty (30) days past due and shall be due and payable upon receipt of invoice.
Taxes: The purchase and license prices do not include any amount for federal, state, or local excise, sales, lease, service, rental, use, property, occupation, or other taxes, all of which (other than federal, state, and local taxes based on Discount Two-Way Radio's income or net worth) will be paid by you except as exempt by law.
Equipment Warranty: The following product warranties apply and cover against manufacturer's defects. The product warranty does not protect against customer abuse, normal wear and tear, customer modification and water damage. All two-way radios, mobiles, base stations and repeaters (the radio component of the package) are covered by an in-house two (2) year warranty. Batteries are covered for one (1) year. Chargers are covered for one (1) year. Antennas are covered for one (1) year. Belt clips are not covered under warranty. All accessories (headsets, speaker mics, etc.) are covered for ninety (90) days. Megaphones are covered for one (1) year. Racing package components (wiring harness, steering wheel PTT, etc.) are covered for one (1) year except for the ear plugs which are covered for thirty (30) days. Service/Repair worked is warrantied for thirty (30) days. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND DISCOUNT TWO-WAY RADIO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Product Returns, Exchanges and Refunds: If you wish to return or exchange a product you must contact Discount Two-Way Radio within 48 hours of receiving the product and get a Return Authorization. No returns will be accepted after this period. All unauthorized returns will be refused and returned to the sender. Time and date of delivery is determined by the delivery date associated with the tracking number from the shipping carrier. Unless other specified all returns are subject to a 20% restocking fee. All returns must be received within 5 business days after the Return Authorization has been issued. If you are receiving a warranty replacement the defective item must be returned to us within 5 business days after the Return Authorization has been issued or the price of the replacement item will be billed to you.
The following products are final sale items and cannot be returned or exchanged under any circumstances unless such product is Dead on Arrival.
- All customized equipment
- Racing packages
- Special order items
- Clearance items
- Accessories that insert into the ear
- Speaker Mics
- Items that require installation (Base Stations, Mobile Radios, Repeaters, Antennas, Cables, Connectors, PA Systems, Intercom Systems,
The standard product warranty still applies to these items.
Shipping costs and custom labor are not refundable under any circumstances.
Equipment returned for credit towards a future purchase must be completed within 30 days.
When you return items please use a shipping service that has a tracking number or delivery confirmation number.
Discount Two-Way Radio does not provide pre-paid return shipping labels unless the merchandise is Dead on Arrival.
Order Cancellation: When you pre-order items* or place an order for special item* or custom built item*, you are making a commitment to purchase that item. Consequently, canceled orders will be subject to a 10% cancellation fee if cancelled after 24 hours from the time of purchase. Cancellation fee is based on the amount of the purchased items (that excludes the shipping cost and the sales tax if applicable).
* Special Item - an item that is not normally stocked and it is specially ordered upon your request.
* Custom Built Item - an item designed, customized and built to meet certain special requirements.
* Pre-Ordered Item - an item that is normally stocked but it is purchased by you in large quantity. In this case Discount Two-Way Radio will commit do deliver the product in the quantities requested by you within certain time frame (you will be notified at the time of purchase). During this process we incur irreversible cost. Therefore, while we understand that orders might need to be changed or cancelled, we are unable to do it free of charge after a certain point.
Disclaimer of License: Notwithstanding your purchase, Discount Two-Way Radio does not grant to you either directly or by implication, estoppel or otherwise, any license or right under any patents, patent applications,copyrights, trademarks, trade secrets or other intellectual property of Discount Two-Way Radio.
Limitation of Liability: DISCOUNT TWO-WAY RADIO'S TOTAL LIABILITY ARISING FROM THE SALE, USE, INSTALLATION, TESTING AND OPERATION OF PURCHASED OR LICENSED PRODUCTS, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WILL BE LIMITED TO THE PRICE OF PRODUCTS FOR WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL DISCOUNT TWO-WAY RADIO BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF DISCOUNT TWO-WAY RADIO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licenses and Authorizations: You are solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission ("FCC") or any other federal, state, or local governmental agency. You are solely responsible for complying with applicable FCC rules and regulations and the applicable rules and regulations of any other federal, state, or local governmental agency. Neither Discount Two-Way Radio nor any of its employees is your agent in FCC or other governmental matters.
Force Majeure: In addition to other limitations on liability set forth herein, Discount Two-Way Radio shall not be liable for any delay or failure to perform due to any cause beyond its control. Causes include, but are not limited to, strikes, acts of God, your acts, interruptions of transportation or inability to obtain necessary labor, materials or facilities, default of any supplier, or delays in FCC frequency authorization or license grant. In the event Discount Two-Way Radio is unable to wholly or partially perform because of any cause beyond its control, Discount Two-Way Radio may terminate the Agreement without any liability to you.
Confidential Information: You will not disclose any material or information identified as Discount Two-Way Radio Confidential Proprietary to third parties without Discount Two-Way Radio's prior written permission, unless Discount Two-Way Radio makes such material or information public or disclosure is required by law. If you are required by law to disclose such material or information, you will notify Discount Two-Way Radio prior to such disclosure.
Representations and Commitments: Discount Two-Way Radio is not making, and you are not relying upon any representations or commitments except for those expressly set forth in these On-Line Terms and Conditions, including but not limited to representations or commitments related to price guarantees, the origin or content of purchased Products; prevailing wage requirements; equal employment opportunity, non-discrimination, drug-free workplaces or workforces, and other personnel matters; the conduct of business in any particular nation or jurisdiction; compliance with environmental laws and regulations; insurance coverage of any nature; compliance with the Federal Acquisition Regulations; compliance with specific state or local laws, regulations or ordinances; use of small, minority, women, disabled, veteran, and disabled veteran-owned businesses; or indemnification of the buyer for any reason.
Assignments: Discount Two-Way Radio may assign any of its rights or subcontract any of its obligations under these On-Line Terms and Conditions without prior notice to you and without your consent.
Limited Applicability: These On-Line Terms and Conditions apply only to the purchase and license of Discount Two-Way Radio Products and do not involve or apply to the performance by Discount Two-Way Radio of any services such as installation, maintenance, customer product design, product engineering or project management.
No Right to Audit or Inspect: Discount Two-Way Radio's books and records and facilities will not be subject to audit or inspection at any time or for any reason whatsoever.
Causes of Action: Any action relating to these On-Line Terms and Conditions must be brought within one year of the accrual of the cause of action.
Waiver: One waiver of a right or remedy of either party does not constitute a permanent waiver or a waiver of any other right or remedy of that party.
Severability: If any provision of these On-Line Terms and Conditions is held to be invalid or unenforceable, that provision will be severed and the remainder of these On-Line Terms and Conditions will remain in full force and effect as if the invalid or unenforceable provision were not part of these terms.
Headings: Paragraph headings will not be construed as a limitation of the scope of any particular paragraph or section of these terms.
Governing Law: These On-Line Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of California.
Entire Agreement: These On-Line Terms and Conditions constitute the entire agreement of the parties regarding purchase and license of Discount Two-Way Radio Products and supersedes all previous agreements and understandings, whether written or oral, relating to purchase and license of the Products.
SUBMISSIONS OF INFORMATION
Although Discount Two-Way Radio provides certain encryption in an effort to protect the electronic transmission of credit card numbers ("financial information") that you submit to Discount Two-Way Radio through the Site, Discount Two-Way Radio does not guarantee the security of any information transmitted to or from the Site. You agree to assume the security risk for any information you provide using the Site.
Other than the financial information, do not send any confidential or proprietary information to Discount Two-Way Radio through the Site. Except for the financial information, any information you do send to Discount Two-Way Radio through the Site will be deemed NOT to be confidential ("non-confidential information"). For any non-confidential information you do send, you hereby grant Discount Two-Way Radio an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the non-confidential information, and agree that Discount Two-Way Radio is free to use any ideas, concepts, know-how or techniques that you send Discount Two-Way Radio for any purpose.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
RESTRICTIONS ON USE OF CONTENT
You acknowledge, having been advised by Discount Two-Way Radio, that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively "Rights"). In addition to Discount Two-Way Radio's Rights in individual elements of the Content, Discount Two-Way Radio owns a copyright in the selection, coordination and arrangement of the Content.
LINKS TO THIRD PARTY WEB SITES
Discount Two-Way Radio makes no representations whatsoever about any other web site which you may access through the Site. When you access a non-Discount Two-Way Radio web site, please understand that it is independent from Discount Two-Way Radio, and that Discount Two-Way Radio has no control over the content on that web site. In addition, a link to a non-Discount Two-Way Radio web site does not mean that Discount Two-Way Radio endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Discount Two-Way Radio makes no representation or warranty as to any third party products.
DISCLAIMER OF WARRANTY
DISCOUNT TWO-WAY RADIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, DISCOUNT TWO-WAY RADIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
LIMITATION OF LIABILITY
DISCOUNT TWO-WAY RADIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TRADEMARKS AND SERVICE MARKS
Discount Two-Way Radio, and marks shown with an ® are owned by Discount Two-Way Radio Corporation, or their respective owners, and registered with the U.S. Patent and Trademark Office. Other trademarks, such as product and service names, found on Discount Two-Way Radio web sites are owned by Discount Two-Way Radio or by third parties. No Discount Two-Way Radio trademark or service mark may be used as a hyper-link without prior written permission. Your use of Discount Two-Way Radio's trademarks in advertising and the promotion of Discount Two-Way Radio's products and services requires an accompanying statement that the trademarks belong to Discount Two-Way Radio.