Store-Level Restriction: You may purchase a maximum of 2 total items for each product per Website visit,
and you may make up to 3 Website visits with product purchases per semester.
Website Use Terms & Conditions
E-COMMERCE TERMS OF SALE
By clicking on "Complete Purchase" you are signifying your acceptance of all of the terms and conditions listed below, as
are incorporated herein by reference.
You represent and warrant that (i) you are at least eighteen (18) years of age and that you possess the legal right and
ability to legally obligate yourself to these Terms of Sale, and that (ii) you are a higher education student in the United
States or its territories. You acknowledge and agree that Turning Technologies, LLC may void any transaction
and/or pursue legal action upon notice of any breach of either or both of the foregoing representations and warranties.
Please provide accurate order information. Turning Technologies, LLC shall not be responsible for Products
(as defined below) that are not delivered due to incomplete and/or inaccurate order information. Furthermore,
Turning Technologies, LLC shall not be responsible for any Products that are left at your address by the delivery service.
You acknowledge and agree that all shipping and handling fees are non-refundable.
Return Policy: Returns will only be accepted for (i) 14 days from the date of purchase for ResponseWare, and (ii) 30 days
from the date of purchase for all other products. Shipping charges previously paid by the customer at the time of purchase
are non-refundable. The customer is also liable for all shipping and handling costs associated with the return. Returned
items must be in their original state and condition or customer forfeits return privileges. Following satisfactory inspection
of the returned item, the credit card used in the original transaction will be credited. Please contact Turning Technologies, LLC
to begin the return process.
Turning Technologies, LLC
Hours: Monday - Friday, 8 a.m. - 9 p.m. (EST)
Unless otherwise indicated above, the following terms and conditions of sale shall apply:
If Buyer has not otherwise agreed to these Terms of Sale, then Buyer's acceptance
of delivery of, or payment for, the goods of Seller (the "Products") and/or the services of Seller (the "Services")
shall constitute Buyer's agreement to these Terms of Sale. Seller objects to and will not agree to any terms that
are additional to or different from these Terms of Sale. Terms that are printed on or contained in a purchase
order or other form prepared by Buyer that are additional to or different from those herein shall be considered
inapplicable and shall have no force or effect.
- Payment Terms; Taxes.
Payment in full of the price shall be made in accordance with the terms
set forth in Seller's quotation or shopping cart ecommerce application, except that if at any time Seller determines
that Buyer's financial condition or credit rating does not justify a sale on credit or if Buyer is at any time in
default in any indebtedness or obligation that Buyer owes to Seller, then Seller may require advance payment or may
ship C.O.D. Payment must be made to P.O. Box 714472, Columbus, Ohio 43271-4472 (Reference: Turning Tech 714472).
Seller's price includes any state and/or local excise, sales, use and similar taxes.
- Delivery and Risk of Loss.
Unless Seller agrees otherwise in writing, Seller shall deliver the
Products F.O.B. Seller's facility, except that, in either case, risk of loss of the Products shall pass to Buyer upon
identification of the Products to the contract between Buyer and Seller. Shipping, delivery and performance
dates are estimates only, and time is not of the essence. Seller may ship all the Products at one time or in
portions from time to time. Seller shall have the right, but not the obligation, to determine the method of
shipment and routing of the Products, unless otherwise stated in Seller's quotation or acknowledgment.
- Unavoidable Delay.
If Seller is not able to deliver the Products or perform the Services on
time because of anything Seller cannot control (such as casualty, labor trouble, accidents, unavailability of supplies
or transportation, or Acts of God), then the estimated delivery or performance time shall be extended accordingly, and
Seller shall not be liable to Buyer for any damages caused by the delay.
Buyer shall inspect and examine all Products immediately upon receipt and shall
notify Seller in writing of any discrepancies (including, without limitation, discrepancies in quantity) and damages
within ten (10) calendar days after receipt. Failure to give notice within such time shall be deemed acceptance
of the Products as of the date of shipment.
- Defects; Remedies.
If any Product proves to be defective within one (1) year (or four (4)
years, if Buyer has purchased an extended warranty) following the date of shipment, and if Buyer gives written notice
to Seller of such defect within that period by sending an e-mail
to email@example.com, then
Seller shall, at Seller's option, either repair or replace the defective Product, at Seller's expense. Buyer's
e-mail communication to Seller must include the name, address, e-mail and phone number of Buyer, as well as details
regarding the problem with the Product. Seller does not warrant that the Products will be error-free or will
operate without interruption. Furthermore, the warranty provided in this paragraph does not cover battery
replacement. If Buyer alters the Products or fails to notify Seller within the one (1) year period (or four (4)
year period, if Buyer has purchased an extended warranty) following shipment, any claim for breach of warranty shall
be conclusively deemed to have been waived by Buyer with respect to the alleged defect. Seller shall have the
option of requiring the return of the defective Products, transportation prepaid. No Products shall be returned
to Seller without its prior consent. This Paragraph sets forth Buyer's sole and exclusive remedies for any defect
in the Products. Neither Buyer nor any other person may modify or expand the warranty provided herein, waive any
of the limitations, or make any different or additional warranties with respect to the Products. Any statements
to the contrary are hereby rendered null and void unless made in a writing signed by an authorized officer of Seller.
Seller has no obligation to repair or replace any Product that is defective due to abuse, misuse or alteration.
The warranty provided in this Paragraph does not apply to any software of Seller, which is governed by the software
license agreement, separately provided.
EXCEPT AS STATED IN PARAGRAPH 6, SELLER HEREBY DISCLAIMS AND DOES NOT
MAKE ANY WARRANTIES AS TO THE PRODUCTS OR SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SELLER SHALL NOT HAVE ANY
LIABILITY TO BUYER OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES AND SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, EVEN IF SELLER HAS BEEN WARNED OF THE
POSSIBILITY OF SUCH DAMAGES. BUYER SHALL NOT HAVE ANY RIGHT OF REJECTION OR OF REVOCATION OF ACCEPTANCE OF THE
PRODUCTS. IN NO EVENT WILL SELLER BE LIABLE TO BUYER FOR ANY DAMAGES OR ANY OTHER AMOUNTS THAT EXCEED THE TOTAL
AMOUNTS PAID TO SELLER BY BUYER.
- Solvency and Security Interest.
Buyer represents that Buyer is solvent. Seller retains a
security interest in the Products to secure payment of the price and all other indebtedness that Buyer now and in the
future owes to Seller.
- Intellectual Property.
All right, title and interest in all intellectual property and other
proprietary rights in the Products and the Services shall be and remain Seller's sole property.
Buyer shall indemnify, defend and hold harmless Seller with respect to all damages,
losses, claims and expenses, including consequential and incidental damages and attorney fees, that Seller incurs as a
result of Buyer's breach of any of Buyer's obligations under these Terms of Sale.
- Seller's Rights.
Seller has all rights and remedies that applicable law gives to sellers.
Seller's rights and remedies are cumulative, and Seller may exercise them at any time and from time to time.
Seller's waiver of any right on one occasion shall not be a waiver of any future exercise of that right.
- Time For Bringing Action.
Any action that Buyer brings against Seller for breach of these Terms
of Sale or for any other claim that arises out of or relates to the Products or the Services must be brought within one
year after the cause of action accrues.
- Applicable Law.
These Terms of Sale shall be considered to have been agreed upon in the State
of Ohio, and shall be governed by and interpreted according to Ohio law. Either party may bring any action that
arises out of or relates to these Terms of Sale in any federal or state court in Mahoning County, Ohio that has
jurisdiction of the subject matter, and Buyer irrevocably consents that any such court shall have personal jurisdiction
over Buyer and waives any objection that the court is an inconvenient forum.
- Export Laws.
Buyer acknowledges that Seller is subject to regulations of governmental agencies
that prohibit export of certain technical products to certain countries. Buyer warrants that it will comply in
all respects with the export restrictions applicable to the equipment.
If any provision of these Terms of Sale is or becomes or is deemed invalid,
illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed
amended to conform to such laws or regulations without materially altering the intention of the Parties, or it will be
stricken and the remainder of these Terms of Sale will remain in full force and effect.
- Complete Agreement; Amendment.
Buyer's license to use the software is governed by the software
license provided separately. The terms on Seller's quotation and acknowledgment, the software license, and these
Terms of Sale contain the entire agreement between Buyer and Seller. Any change in these Terms of Sale must be by
a writing signed by an authorized officer of Seller. In the event of a conflict between any provision in these
Terms of Sale and any other provision specifically set forth on any other form of Seller, the provisions in such other
form of Seller shall govern.