For further assistance please call our customer service line at (888) 465-7765 — M-F 6am to 5pm PST
- 1. Your Privacy Rights
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
Aink is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the Website www.Aink.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
If you have questions or concerns regarding this statement, you should first contact us at abuse@Aink.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://watchdog.truste.com/pvr.php?page=complaint&url
TRUSTe will then serve as a liaison with us to resolve your concerns.
The Information We Collect
This notice applies to all information collected or submitted on the Aink website.
Registration In order to use this Web site, we request certain personally identifiable information from you on the registration form. During registration you are required to give contact information (such as name, address and email address). We use this information to contact you about the services on our site in which you have expressed interest. Aink is the sole owner of the information collected on www.Aink.com. Aink collects personally identifiable information from our users at several different point on our Web site.
OrdersIf you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
The Way We Use Information
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the email address you provide when you sign up for special coupons and promotions in order to send you those email communications. You may opt-out from receiving these types of email at any time, please see "Choice/Opt-out" section below.
We use return email addresses to answer the email we receive. Such addresses are not shared with outside parties.
We use other third parties such as a shipping company to fulfill orders, and a credit card processing company to bill you for goods and services, paypal to process payments on our behalf, an email service provider to send out emails on our behalf.
These third parties are prohibited from using your personally identifiable information for promotional purposes
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process service on our Web site.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you closer your browser. A persistent cookies remains on your hrad drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. We set a persistent cookie to store your passwords, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
Third Party Cookies
Clear Gifs (Web Beacons/Web Bugs)
Our third party advertising partner employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similiar in function to cookies, and are used to track the online movements of Web users. In contract to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers' personally identifiable information.
Our Commitment To Data Security
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Choice/Opt-outIf you no longer wish to receive our special coupons and promotions emails, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at customersupport@Aink.com.
Our Commitment To Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we do not knowingly collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct or update it by making the change on within your account after logging in or by emailing our Customer Support at customersupport@Aink.com or by contacting us by telephone or postal mail at the contact information listed below. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
We post customer reviews on our web sites which may contain personally identifiable information as well as a photo of your product. We do obtain the customer's consent via email prior to posting the review to post their name and photo of the product along with their review.
If we decide to change our privacy practices, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we change how we use your personally identifiable information, we will notify, by email, and/or by means of a notice on our Web site.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please call us at 888.465.7765, send us an email. All mail inquiries can be sent to:Effective March 2, 2010
Attn: SB 27 Officer
2820 Cochran St.
Simi Valley, CA 93065
- 2. Terms & Conditions (version. August 30, 2008)
Welcome to the Aink Web site (hereinafter " Aink ," "Company" or the "Site").
By using this Site, you agree to be bound by, and to comply with, these terms and conditions ("Terms and Conditions"). You also agree to comply with any guidelines or rules posted on the Site regarding any product or service offered on the Site. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. Please read them carefully. If you are dissatisfied with the Site, its content or Terms or Conditions, you agree that your sole and exclusive remedy is to discontinue using this Site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions. For your information, this page was last updated as of the date at the top of these terms and conditions.
The paragraphs below will address issues, including but not limited to:
Communications With You
Eligibility To Use This Site
Payment Terms And Return Policy
Your Account With Us
Pricing & Product Descriptions
Limitations On Our Liability
Your Indemnity Obligations
Intellectual Property Rights
Place Of Performance
Please read these terms carefully because they contain legal obligations.
When you visit Aink, purchase products or services through the Site, or email the Company, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Company, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.
Aink does not intend the Site to be used by individuals under the age of thirteen (13) ("Child" or collectively "Children") without the supervision of a parent or guardian 18 years of age or older (a "Guardian").Aink relies upon Guardians to determine if any content or items available on the Site is inappropriate for the viewing, access or purchase by such Children. If a User is a Child, he/she may use the Site only under the supervision of a Guardian. If you are making a purchase on behalf of a business or third party through the Site you must have the authority to bind them to these Site Terms and Conditions.
By entering any information on this Site, you represent and warrant that you: (i) are at least 13 years of age or are using the Site under the supervision of a Guardian; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) provided an accurate address and phone number, which shall be the same address and phone number that your credit card or bank has on file for you; (v) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (vi) are not using the Site for any improper purpose. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
5. CONTINUITY PROGRAMS
Company may offer certain continuity programs ("Continuity Programs") for some of its products to enable products reorders to be processed and shipped to you at the interval of your choice. By enrolling in a Continuity Program, you are authorizing Company to charge your credit card for the products selected at the interval you selected, until such time as you cancel your participation in such program. For example, if you chose to receive a certain ink products every month, each month such ink products would be shipped to you on or about the same date as your initial order ("Renewal Date") and your credit card would be charged the current listed price plus any applicable shipping and handling charges. If you are part of a Continuity Program, you are responsible for the Monthly Continuity Program fees until cancellation. In the event that you cancel your membership in accordance with the applicable cancellation policy prior to the first reorder, you agree that Company may charge your account an amount equal to the discount you received on your initial order as a result of joining the Continuity Program.
6. CONFIRMING, CANCELING & CHANGING YOUR ORDERS AND/OR MEMBERSHIP
For orders that have already been shipped, you can confirm the date and method of shipment, an estimated date of arrival, by calling our Customer Care Center at (888) 465-7765 . As long as your order or merchandise from Company has not yet entered the shipping process, you can change the details by calling the Customer Care Center. Company will not provide reimbursement for shipping and handling charges once the order has entered the shipping process. Members may cancel their membership in any Continuity Program via email at customersupport@Aink.com . Please note that any memberships offered by Company must be canceled within 5 business days prior to next Renewal Date due to shipping and management costs and must be canceled in accordance with the applicable cancellation policy of such membership.
7. ORDER AND PAYMENT TERMS
You agree that your placement of any order and/or membership in any programs offered by Company on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within Company's sole discretion, and unless otherwise agreed in writing, payment must be received by Company prior to acceptance of an order and/or membership. Company may accept payment via Visa, MasterCard, Discover and American Express (other credit or debit cards may be added or removed at Company's sole discretion).
Orders are not binding until the order and/or membership is accepted by Company and Company may cancel or limit an order any time after it has been placed in its sole discretion. Company expressly conditions its acceptance of your order and/or membership on your agreement to these Terms and Conditions Site Terms and the terms of the membership, as applicable.
Unless otherwise noted, Company will make best efforts to ship merchandise within 7 to 10 days of the receipt of a properly completed order, but this is only an estimate. Because of this we have a 15 business day waiting period before any product will be resent. You understand that product availability may be limited and particular products may not be available for immediate delivery, even if the product is not identified as "out of stock" on the Site. Company shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. Company may opt to transfer title to any product and risk of loss passes from Company to you upon shipment from Company's facility.
9. RETURNS, REFUNDS AND EXCHANGES CONDITIONS
If you need to return any product(s) purchased from Aink, you must FIRST obtain a Return Merchandise Authorization (RMA) number by contacting customer service at (888) 465-7765. Along with your RMA, you will be issued a FREE pre-paid postage label via email for sending back your cartridges. Please be sure to use your free pre-paid mailing label. Not using the pre-paid return label may considerably delay the processing of your refund or replacement.
Returned cartridges must meet the following conditions:
§ All returned cartridges must be at least seventy percent (70%) filled (which we feel is sufficient to enable a fair test of the quality of the product);
§ All OEM cartridges must be returned unopened in their original packaging. Opened OEM cartridges may be returned for replacement only; and
§ All non-defective products (other than OEM products) must be returned in packaging in an as-new condition.
Please note that if you want the cartridge back you will have an opportunity to make payment arrangements for us to ship it back to you. Because some of our customers have requested new products without returning their defective merchandise, we are unable to ship or make refunds/credits until we receive the returned product(s). If you need a replacement product right away, we suggest you place a new order and opt to receive a refund on your original order so that your new order will not be delayed by the return process.
Please allow up to 7 business days to process your return from the time it reaches our Returns Department. All credit requests will be completed within 7 business days, but please note that it may take your credit card bank up to 30 days to apply your credit. Please note that we have no control over how long the credit card company takes to credit the refund to your account after we submit the data to them, but we do whatever we reasonably can to expedite the process. Unless specifically requested and authorized by us, refunds will be issued in the same manner as payment was received.
10. TERMS OF LIMITED WARRANTY
In addition to our returns policy listed above, we at Aink.com also warrant solely to the original customer purchasing products directly from Aink.com ("Original Products") that all such Original Products sold will be free from defects in materials and workmanship affecting form, fit and function ("Manufacturer Defects") for one year from the original date of shipment. We have limited any claims under this limited warranty to the customer who purchased such Original Product from the Site and only during any initial period that customer owns such Original Product. Any claim with respect to such Original Products where the original customer seeks a refund of the purchase price of such Original Products must be made within one Year from the original date of shipment of such Original Products by Aink.com. The limited warranty provided herein covers only Manufacturer Defects and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with Original Product instructions, acts of nature or improper installation or repairs made by anyone other than Aink.com. Such limited warranty only extends to refunds or replacements of Aink.com Original Products and does not cover any damage to your printer, computer systems or other devices arising from your use of our Original Products.11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OUR WARRANTIES ONLY COVER MANUFACTURER DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS OR ACTS OF NATURE OR THIRD PARTIES.
EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT; (ii) WARRANTIES AS TO THE OPERATION OF SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR OFFERED THEREON; (iii) WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES; OR (v) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF Aink.COM ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
ANY PRODUCTS PURCHASED, MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PRINTERS OR OTHER HARDWARE THAT RESULTS FROM YOUR USE OF THIS SITE, OUR PRODUCTS OR OPENING ANY EMAIL SENT BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
12. PRODUCT DESCRIPTION, TYPOGRAPHICAL ERRORS, THIRD PARTY SITES
Company attempts to be as accurate as possible with our product descriptions. However, Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing applicable law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
You should note that product comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance or other characteristics are exactly comparable.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Company shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price 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, Company shall issue a credit to your credit card account in the amount of the incorrect price.
The Company is not responsible for the content of any sites that may be linked to or from this Site. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Company, and Company has no control over the content of that other web site. In addition, a link to any other web site does not imply that Company endorses or accepts any responsibility for the content or use of such other web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party.
13. MODIFICATIONS TO SERVICE
We may modify, suspend or discontinue any product, service, membership, program or promotion in our sole discretion without prior notice. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address you gave us when you placed the order.
14. USER CONDUCT
Any conduct by you that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other user's password-protected information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity. Your agree that your data, content, and any information you provided or used on Site, as well as your use of our Site, products, membership, programs or services do not and will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the rights of third-parties; or contain or promote any viruses, trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
15. ACCOUNT MAINTENANCE
You accept full responsibility for (i) keeping your account password confidential and secure, (ii) restricting access to your computer or any compute you use to access the Site; and (iii) keeping the e-mail address associated with your account current. You accept full responsibility for all activities that occur within your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Company will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions.
We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination.
16. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE "COMPANY UMBRELLA") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SITE OR OUR PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (INCLUDING ANY DAMAGE TO A PRINTER FROM USE OF OUR PRODUCTS); (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO COMPANY OR $35.00 (WHICHEVER IS GREATER).
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
By using the Site, you agree to indemnify Company and the Company Umbrella and hold them harmless from any and all claims and expenses, including (without limitation) reasonable attorney's fees, arising from your use of the Site, your use of any of the products, programs, memberships and services you purchase or partake in with regard to the Site, or your submission of ideas and/or related materials to Company or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
19. COPYRIGHT AND TRADEMARK NOTICE
Aink © 1998-2008, eBabylon, Inc. All rights reserved. Aink is a trademark of eBabylon, Inc. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of Company and its affiliates, licensors, and service providers. You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our Trademarks, or any aspect of the Site; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services. Links to the Site without Company's express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.
20. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the Company to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
Registered Copyright Agent
2820 Cochran Street
Simi Valley, CA 93065
Email Address: copyright@Aink.com
21. PLACE OF PERFORMANCE
You understand and agree that Aink principal place of business is in the State of California. Aink does not own or operate any facilities outside of California. References to any Aink product or service does not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with all applicable laws and local laws.
22. DISPUTE RESOLUTION
This Agreement will be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts in Los Angeles County, California and you hereby consent to jurisdiction and venue in Los Angeles County, California for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to Company). Notwithstanding anything contained in this Agreement to the contrary, Company shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Company's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, by postal mail or by email to the most recent address that you have provided. Notices to us shall be given by postal mail or e-mail (with a copy by postal mail): Aink , 2820 Cochran Street, Simi Valley, CA 93065 or CustomerSupport@Aink.com .
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
25. SEVERABILITY, NON-WAIVER AND MERGER.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Company's representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY Aink.com, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Aink.com.
26. NO JOINT VENTURE, NO DEROGATION OF RIGHTS.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
You may not assign its rights or obligations hereunder without the express prior written consent of Company. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto.
- 3. Anti-Spam Policy
Aink.com will not tolerate spamming and has a zero tolerance policy regarding the transmission of spam e-mail.
Aink requires that all of our affiliates abide by our Anti-Spam policy and they expressly warrant that they will not engage in spamming. If you feel that you have received spam e-mail, please e-mail us with the details (the e-mail address on the from line and any opt-out e-mail address at the of the e-mail) at abuse@Aink.com. We want to assure you that your complaint will be taken very seriously. We need your help to insure that no one is sending unauthorized e-mails.
- 4. Coupon Redemption Policy
All coupons are limited to one coupon per customer per order. Coupons are also not currently valid on all Recordable Media, OEM & Specially Marked products.