Terms and Conditions

 

The use of this site and your doing business with varscape.com is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site or placement of an order from this site or from varscape.com in any other way, including but not limited to verbal, fax, and email orders, indicates your acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by varscape.com. varscape.com reserves the right to make changes to this site and these terms and conditions at any time.

Copyright and Trademark: This site is owned and operated by varscape.com Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of varscape.com, Copyright © 2002-2011, ALL RIGHTS RESERVED. All audio clips are the sole property of varscape.com or their respective content providers. All software used on the site is the sole property of varscape.com or those supplying the software. You may use the content of this site only for the purpose of shopping on this site, placing an order on this site and managing your account, and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without varscape.com's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Disclaimer and Limitation of Liability as to Products Sold: All of varscape.com's products are sold under the terms of the respective manufacturers' warranties.  Except as expressly stated herein, varscape.com makes no representations or warranties, either express or implied, of any kind with respect to products sold by varscape.com. Except as expressly stated herein, varscape.com expressly disclaims all warranties, express or implied, of any kind with respect to products sold by varscape.com, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to varscape.com arising from any product sold by varscape.com shall be the purchase price of the product ordered. In no event shall varscape.com, its directors, officers, employees or other representatives be liable for special, indirect, incidental, consequential, or punitive damages related to product or services sold, including lost profits (even if varscape.com has been advised of the possibility of the loss or damage). ALL IMPLIED WARRANTIES EXISTING BY OPERATION OF LAW, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND NEGATED.

Disclaimer and Limitation of Liability as to the varscape.com Web Site: The varscape.com web site and the materials therein are provided as is. varscape.com makes no representations or warranties, either express or implied, of any kind with respect to the varscape.com site, its operations, contents, information, or materials. varscape.com expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that varscape.com, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the varscape.com site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

"LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Varscape.com is expressly disclaims responsibility for any errors in product content, images, and specifications listed on varscape.com.

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, varscape.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. varscape.com shall 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 canceled, varscape.com shall immediately issue a credit to your credit card account in the amount of the charge.

Links: This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that varscape.com is not responsible for the operation of or content located on or through any such site.

Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. varscape.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. varscape.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or credit information before accepting any order. varscape.com is a distributor; as such we only sell to authorized resellers and not to end user customers.

Sales Taxes: varscape.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California, unless you have a valid CA reseller certificate on file with us.

Jurisdiction and Venue: You agree that any legal action brought against varscape.com shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made to varscape.com shall be an appropriate federal or state court located in Santa Clara County, California.

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