1. No Use as Critical Components. Products sold by Moonglow Technologies are not authorized for use in life safety, life support, life sustaining, surgical, human implant, nuclear, military, or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property, unless an authorized officer of the company has signed an agreement specifically governing such use. YOU AGREE TO INDEMNIFY THE MOONGLOW TECHNOLOGIES PARTIES AND THE MANUFACTURER OF THE PRODUCTS FOR ALL DAMAGES THAT MAY BE INCURRED DUE TO USE OF PRODUCTS IN THESE APPLICATIONS.
2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Moonglow Technologies therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Moonglow Technologies does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
3. Third Party Links. Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Moonglow Technologies of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Moonglow Technologies is not responsible for the availability of any such Web sites and that Moonglow Technologies does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other Web site.
4. Geographic Limitations on Use. Like most Internet Web sites, this Site is accessible worldwide. However, not all Moonglow Technologies products or services are available to all persons or in all geographic locations. Moonglow Technologies reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
5. Infringement Disclaimer. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. Moonglow Technologies shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided by Moonglow Technologies to you subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement.
6. Limitation of Liability. IN NO EVENT SHALL ANY OF THE MOONGLOW TECHNOLOGIES PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY MOONGLOW TECHNOLOGIES, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITE, THE SERVICE, OR THE CONTENT; EVEN IF ANY OF THE MOONGLOW TECHNOLOGIES PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ANY OF THE MOONGLOW TECHNOLOGIES PARTIES FOR PRODUCTS EXCEED THE PURCHASE PRICE FOR THE PRODUCTS, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
7. Any cause of action against any of the Moonglow Technologies Parties with respect to Products or services must be instituted within one (1) year from the date of purchase or provision of the applicable Products or services.
8. Indemnification. You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by Moonglow Technologies Technical Assistance and Design Support Services Personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless the Moonglow Technologies Parties and Moonglow Technologies's joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided by Moonglow Technologies Technical Assistance and Design Support Services Personnel, or any violation by you of this Agreement.
9. Force Majeure. Moonglow Technologies will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Moonglow Technologies's time for delivery or performance will be extended by the period of such delay or Moonglow Technologies may, at its option, cancel any order or remaining part thereof, without liability by giving notice to you.
10. General Provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Moonglow Technologies of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, Moonglow Technologies's Privacy Statement, or your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Missouri, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods, and any subsequent revisions thereto, do not apply to this Agreement. Any Dispute will be venued in a state or federal court situated in Warrensburg or Kansas City, Missouri, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Moonglow Technologies. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
11. Changes to the Agreement. Moonglow Technologies may change this Agreement with your affirmative consent. The means of obtaining your affirmative consent to such a change includes, without limitation, by means of a "click-through" amendment to this Agreement that is presented to you and that you accept upon your logging on to use certain services on the Site that require Identification. Moonglow Technologies may also change this Agreement without your affirmative consent if Moonglow Technologies provides you with at least seven (7) days' prior written notice. The means of providing this notice includes, without limitation, Moonglow Technologies providing on the Site's homepage a prominent and conspicuous hyperlink to a webpage that expressly sets forth such changes. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails notifying you of changes to this Agreement and/or other Moonglow Technologies policies (e.g., the Privacy Statement); you may elect not to receive these e-mails, and thereby waive any requirement of Moonglow Technologies to provide you with notice of any such changes, by opting out of this default. Notwithstanding any provision of this Agreement to the contrary, Moonglow Technologies may make changes to this Agreement without notice to comply with applicable laws and such changes shall be binding on you and Moonglow Technologies. Except as otherwise set forth in this Section, any amendment to this Agreement must be in writing and signed by you and an authorized representative of Moonglow Technologies.
Conditions of OrderAll orders placed with Moonglow Technologies are subject to the terms of this Agreement, including the following Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of this Agreement will prevail.
1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with Moonglow Technologies is an offer to purchase our Products. Moonglow Technologies may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by Moonglow Technologies until the Product has been shipped. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
2. Quantity Limitations. Moonglow Technologies may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Moonglow Technologies may reject any order, or any part of an order.
3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Moonglow Technologies will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.
Moonglow Technologies makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Moonglow Technologies's acceptance of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Moonglow Technologies, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Moonglow Technologies will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.
5. Payment. Moonglow Technologies offers the following payment methods:
For United States and customers: We offer check, money order, MasterCard, VISA, American Express, Discover, and prepaid by wire transfer payment methods. Payment must be made in the currency in which the order was placed.
For International customers: Except as otherwise provided on the Site, we offer MasterCard, VISA, American Express, Discover, prepaid by wire transfer, or cashier's check in U.S. funds as payment methods. We cannot accept personal checks or certified personal checks. Use of Letters of Credit must be approved in advance by Moonglow Technologies's Accounting Department.
6. Shipping Charges. Except as otherwise provided on the Site, (1) shipping or freight charges and insurance will be paid by the customer, (2) all sales are made FOB Moonglow Technologies's offices in Warrensburg, Missouri, USA, and (3) shipping or freight charges from Moonglow Technologies's offices in Warrensburg, Missouri, USA are prepaid and added to the invoice, billed collect or billed to a third party.
For International Shipments: Availability of ship methods is dependent on the destination country. Except as otherwise provided on the Site, (1) the shipping costs will be prepaid and added to your order, and (2) all duties, tariffs, taxes and brokerage fees will be your responsibility. International Shipping Rates
7. Handling Charge. There is no minimum order or handling fee.
8. Taxes. Except as otherwise provided on the Site, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. Moonglow Technologies charges sales tax unless you have a valid Missouri sales tax exemption certificate on file with Moonglow Technologies. Moonglow Technologies will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and Moonglow Technologies is required to pay tax on your purchase, you will reimburse Moonglow Technologies for the amount of such tax, and Moonglow Technologies's reasonable expenses incurred in connection with the payment and collection of such tax. Fax your resale certificate and your customer number to 866-791-0448, Attention: Sales Tax.
9. Late Payments; Dishonored Checks. You shall pay Moonglow Technologies all costs incurred by Moonglow Technologies in collecting any past due amount from you, including all court costs, collection costs, and attorney's fees. If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $20.00 as a service charge (if the check cannot be redeposited).
10. Out of Stock. If product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment. Backorders will be held based on your request. The provisions of this Section do not apply to Products that are designated as Chip Outpost Products.
11. Export Compliance. In addition to the United States and its territories, Moonglow Technologies accepts international orders. Some Products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to U.S. law is prohibited.
12. Freight Damage. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a Moonglow Technologies Customer Service representative immediately to initiate a claim.
13. Return Policy. In some cases, Moonglow Technologies will accept merchandise returns subject to the terms outlined in this Section and will replace the Product or refund your money at your option.
To facilitate processing of returned merchandise:
* Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning product.
* For all returns not relating to manufacturers' warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number and a brief explanation of the reason for the return, and be in original packaging and in resalable condition.
* Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.
* Products returned solely due to customer error may be subject to a restocking charge.
* To the extent that Moonglow Technologies purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.
* "Not-In Catalogue Items" and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable.
* Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a Moonglow Technologies Customer Service representative for details.
By returning a Product to Moonglow Technologies, you represent and warrant that the returned Product was purchased from Moonglow Technologies.
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