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terms of use
please carefully read the following terms and conditions in their entirety. by using this website, or by purchasing, owning, or operating products manufactured or sold by xsubc electronics, llc, you agree to be bound by all of the following terms and conditions: definitions 1) the word "or" includes the word "and". 2) "xsubc" or "company" means xsubc electronics, llc, or any of its subsidiaries, affiliates, or successors. 3) the word "website" means all of the text, graphics, images, videos, files, code, documents, and downloads, including, but not limited to, all of the product information, manuals, drawings, and software located on web pages owned by xsubc. 4) the words "you" and "your" means any customer, client, user, or person accessing, browsing, or otherwise using this website, or purchasing, owning, or operating products manufactured or sold by xsubc. if you are representing or acting on behalf of a corporation, partnership, trust, group, or other entity, "you" and "your" extends to include that corporation, partnership, trust, group, or other entity. 5) "return items" are any new products that you are returning back to xsubc. 6) "service items" are any products returned back to xsubc for repair. 7) "cookies" refers to small text files sent to your internet browser to keep track of your activity on this website. 8) "contact information" is your name and any associated shipping address, billing address, email address, and telephone number used by xsubc to contact you or process your order. 9) "customer information" includes your username, password, products purchased, and all contact information. 10) "proof-of-purchase" is any unaltered, original document (such as a receipt, bill of sale, bill of lading, packing slip, or printed email confirmation) that xsubc can confirm, showing you as the original retail purchaser, the original date of purchase, and a description of the product in question, sufficient enough to determine that the product being returned is in fact the one that was purchased on the date referenced. intellectual property this website is the property of xsubc and is protected by u.s. (united states) and international copyright laws, therefore this website cannot be copied, translated, reproduced, distributed, published, sold, transferred, or otherwise reused, in whole or in part, without the express written consent of xsubc. you agree not to infringe any intellectual property rights owned by xsubc, including, but not limited to, patents, trademarks, and copyrights. you agree not to reverse engineer, decompile, disassemble, or modify any software or firmware, in whole or in part, of any product manufactured or sold by xsubc. you agree not to incorporate any xsubc software or firmware, in whole or in part, into any other device(s) developed or manufactured by or for you. you agree not to reverse engineer, decompile, create derivative works of, or copy any design (hardware, software, or firmware), in whole or in part, of any product manufactured or sold by xsubc. for those products manufactured or sold by xsubc that contain software or firmware (including software and firmware products themselves), xsubc only grants one user license per product, such that the software or firmware may only be used with respect to operating that one product. you cannot lease, loan, distribute, or sub-license any such software or firmware. for computer software developed or sold by xsubc, only one user license is granted for each copy purchased, such that the software may be install and use only on one computer at a time per license. you cannot lease, loan, distribute, or sub-license any such software. if you sell or assign any xsubc products or software to another party, that party must also agree to, and will be bound by, all of the same xsubc terms and conditions. by submitting comments, questions, or reviews to xsubc, you automatically grant xsubc a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, edit, modify, correct, translate, reproduce, distribute, publish, or display any such submissions, in whole or in part, using any format or medium, as well as the right to use your name or other identifying information in connection with the comments, questions, or reviews you submit. you cannot submit links or infringing content. xsubc reserves the right to move or delete any comments, questions, or reviews on this website without notice, comments, questions, or reviews on this website without notice, however, xsubc does not continually monitor submitted comments, questions, or reviews, and is therefore not liable for any malicious, misleading, slanderous, defamatory, or otherwise false statements. if you find any such comments, questions, or reviews, or you find links or infringing content, immediately alert xsubc by sending an email to: admin@xsubc.com. unlawful activity modifying, changing, monitoring, interfering, or otherwise tampering with this website, its contents, data transfers, or transactions in any way, except by authorized xsubc personnel or representatives, is unlawful, and anyone committing such an act, or attempting to do so, will be prosecuted to the fullest extent of the law. you agree to promptly notify xsubc upon becoming aware of any unauthorized tampering or use of this website or customer information by sending an email to: admin@xsubc.com. you agree not to use any products manufactured or sold by xsubc in any unlawful manner or for any unlawful purpose. you agree not to use or export any xsubc software or firmware in violation of applicable u.s. laws or regulations. limitations of liability and disclaimers by using this website or purchasing, owning, or operating products manufactured or sold by xsubc, you or any associated party agree: (1) not to hold xsubc or any of its officers, members, executives, managers, employees, or other representatives liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, injuries, deaths, claims, or losses (actual, intangible, economic, or otherwise) of any nature arising from any cause whatsoever, including, but not limited to, the use or misuse of products manufactured or sold by xsubc, the use or misuse of this website or any of its contents, and scheduled or unexpected network or system outages, drop-outs, or lost data; and (2) that the sole and exclusive maximum liability to xsubc shall not exceed the original price paid for the product(s) in question. all of the foregoing applies whether or not xsubc or any associated parties were aware or advised of the possibility of such losses or damages, even in the event of fault, tort, negligence, misrepresentation, breach of warranty or contract, product or strict liability, or any other reason, and even if any remedy fails of its essential purpose. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. you agree not to use any products manufactured or sold by xsubc in any life support or other mission critical application. this website and its contents are being provided as is, and that by using this website you acknowledge that you are doing so at your own risk. this website may contain unintentional errors and omissions, including, but not limited to, inaccuracies and typographical errors, and xsubc shall not be held liable for any such errors or omissions. due to the nature of electronically transmitted data, and variations between computers, video drivers/cards, monitors, operating systems, internet browsers, and associated software and hardware, xsubc shall not be held liable for any changes in, or any errors or losses caused by changes in, typeface, font, color, or page layout. no statement, whether expressed or implied, provided by xsubc, either written or orally, shall constitute or create any warranty regarding this website including, but not limited to, any product's merchantability or fitness for a particular purpose. if you use a username or password with respect to this website, you are responsible for keeping your username and password confidential. do not share your username or password with others. any orders received using your username and password will be considered to have been placed and authorized by you. you are responsible for informing xsubc of any changes to your contact information. estimated shipping dates and delivery dates are approximate, and are not a guarantee of a specific day. xsubc shall not be held responsible for, and is not liable for, missing-in-transit or carrier misdirected mail, packages, or deliveries. xsubc shall not be held responsible for failure to perform or observe any of its obligations, if prevented or hindered from doing so by circumstances beyond its control. xsubc shall not be held responsible for any links or infringing content submitted by customers that xsubc is not aware of. if you find any such links or infringing content, immediately alert xsubc by sending an email to: admin@xsubc.com. xsubc shall not be held responsible for any products resulting from consulting or sub-contracting work performed by xsubc for other organizations. in all of those instances, the organization producing or offering the final completed product bears all of the responsibility and liability, and as such you must contact them for all claims (warranty, service, or otherwise). xsubc reserves the right to refuse service to anyone for any reason, including, but not limited to, anyone who, in the sole opinion of xsubc, is abusive in any way toward xsubc, its employees, officers, executives, members, managers, or representatives. xsubc may make use of internet cookies. please note that your internet browser may need to be set to accept cookies in order to access some areas of, or use some features on, this website. this website makes use of internet browser scripted programming. please note that your internet browser will need to be set to enable the use of scripted programming languages in order to access some areas of, or use some features on, this website. xsubc may record any customer telephone call for training purposes. xsubc reserves the right to discontinue or change products, prices, availability, or specifications (including, but not limited to, the design, hardware, software, firmware, features, functionality, manufacturing, or any other product related characteristic) at any time without notice and without incurring any obligation to compensate, upgrade, retrofit, substitute, replace, or otherwise incorporate those changes in products sold prior to when the changes were made. any use of this website, or any use of product(s) manufactured or sold by xsubc, by minors (under 18 years of age) must be done so under the direct supervision of a parent, guardian, or other responsible adult (18 years of age or older) with the parent's or guardian's full knowledge and permission. all of these terms and conditions only cover web pages owned by xsubc. therefore, when you leave to go to another site, you will be subject to the terms and policies outlined by that site's owner. returns, refunds, and service xsubc is not responsible for damage caused during shipping. all shipments from xsubc are f.o.b. origin. as such, you are responsible for inspecting all shipments upon delivery, and if any damage occurred during shipping, you must file a claim with the carrier. all xsubc locations are manufacturing facilities, and as such are not set-up as retail locations. therefore, you cannot pick-up or drop-off any equipment in person. return items purchased directly from xsubc must be shipped back to xsubc within fourteen (14) calendar days after delivery, and must be received by xsubc in original working condition. all return items that do not comply with these requirements will be sent back to you, and you will not receive any form of refund or reimbursement. for those return items that do comply, after xsubc receives and evaluates the items: if they were purchased with a charge card, if it is feasible, that charge card will be credited; and for all other methods of payment, you will only receive a company credit. you will be charged a 10% restocking fee for all return items, you will also be charged for any missing or damaged manuals or accessories. shipping costs are not refundable, under any circumstances. shipping costs to return service items back to you, whether in-warranty or not, must be prepaid in advance. if, for whatever reason (service or otherwise), you wish to return an item, you must: 1) be able to provide proof-of-purchase for all return items and in-warranty service. acceptable forms of proof-of-purchase include any unaltered, original document (such as a receipt, bill of sale, bill of lading, packing slip, or printed email confirmation) that xsubc can confirm, showing you as the original retail purchaser, the original date of purchase, and a description of the product in question, sufficient enough to determine that the product being returned is in fact the one that was purchased on the date referenced. only products manufactured or sold by xsubc can be returned to xsubc. 2) contact xsubc for a return material authorization ("rma") number before shipping anything back, and clearly mark the rma number on the shipping label or on the outside of the packaging. the rma number helps xsubc keep track of the product, therefore anything shipped back without an rma number could experience long delays in processing or repair. to get an rma number, contact xsubc: by phone at 973-970-0955; email at service@xsubc.com; or postal mail at: xsubc electronics, llc p.o. box 417 mount arlington, nj 07856-0417 3) for service items, attach a letter or note to the product detailing the problem. in case we have questions or need clarification, please include your name and daytime phone number. if issues arise and we cannot readily contact you, there could be a delay in processing or repairing the product. 4) package and ship the product, including all accessories, in the original container with the original packing materials, and comply with all carrier mandated requirements (proper taping, address labeling, etc.). if you do not have the original container or packing materials, or they were damaged, you must completely secure (using bubble wrap or other appropriate packing materials) and double box the product and accessories, or have them professionally packaged at your expense. shipping costs, including packaging, are not reimbursable. proper packaging and labeling are essential, since xsubc is not responsible for products that are lost or damaged during shipping. payments and taxes when paying for products, parts, or service, xsubc only accepts funds in the form of u.s. dollars ($usd) from federally insured u.s. banks/financial institutions (including charge cards, check cards, checks, and money orders), or usps (united states postal service) money orders. orders paid by check will only be shipped after payment has cleared. you will be charged a $50 return check fee for any checks returned due to insufficient funds. prices shown on this website do not include tax or shipping. xsubc will charge and withhold the applicable sales tax for all orders shipped to addresses in new jersey. for orders outside of new jersey, you are responsible for paying any applicable sales or use taxes directly to your state's taxing authority. xsubc does not provide any form of financing. once placed orders are noncancellable. endorsements and linked websites xsubc is not responsible for, is not liable for, and does not endorse the use of third party websites, products, or services that may be linked to or through this website. account termination any on-line account you have with xsubc may be cancelled or closed by either you or xsubc at any time with or without cause or reason. any such cancellation or closure will not affect any rights or obligations you or xsubc incurred prior to the cancellation or closure. xsubc may close or cancel any on-line account without notice. if an account is cancelled or closed, xsubc reserves the right to retain your customer information. duration these terms and conditions will remain in effect indefinitely, and will survive any termination of the relationship between you and xsubc. severability if a clause, sentence, paragraph, section, provision, or statement contained herein is found by a court of competent jurisdiction to be legally invalid, in whole or in part, the rest of the terms and conditions remain in effect. waiver of rights no provision of these terms and conditions may be waived, amended, or modified, unless prior written consent is given and signed by a duly authorized executive of xsubc. no delay or omission by xsubc in exercising any right under these terms and conditions will operate as a waiver of that or any other right. a waiver or consent given by xsubc on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion. governing law you agree that the laws of the state of new jersey, and of the united states of america, shall govern all matters arising out of or relating to these terms and conditions, and that any action, suit, or other legal proceedings commenced to resolve any matter arising between you and xsubc shall only be done so in a court of the state of new jersey or, if appropriate, a federal court located within new jersey, and all parties involved consent to the jurisdiction of such a court. costs of debt collection and attorney's fees if xsubc takes action, by itself or through its representatives, to enforce its rights, including the collection of any unpaid debt due xsubc, in addition to all sums to which it is entitled, xsubc shall be entitled to recover from you, and you agree to pay, any and all reasonable and necessary attorney's fees, including any in-house counsel, all costs of any litigation, and any costs for debt collection. completeness the statements presented herein, along with the xsubc privacy policy, limited warranty, and product liability exclusions, disclaimers, and limitations of liability represent the complete terms and conditions on these matters. these terms and conditions detail specific legal rights. you may have other rights which vary from state-to-state or country-to-country that append, amend, limit, disallow, or otherwise alter specific provisions within these terms and conditions. effective date these terms of use are effective as of october 1, 2020. changes and questions xsubc reserves the right to change these terms and conditions, or any other xsubc policy, at any time without notice. your continued use of this website after any changes have been made will constitute your continued agreement to the revised terms and conditions. therefore, frequent visitors to this website should periodically review these terms and conditions for changes. if you have questions or comments regarding this website, these terms and conditions, or any other xsubc policy, please email us at admin@xsubc.com or through postal mail at: xsubc electronics, llc p.o. box 417 mount arlington, nj 07856-0417 copyright (c) 2006-2020 by xsubc electronics, llc. all rights reserved. before using this website you must read and agree with the terms of use and privacy policy. before buying anything from xsubc electronics, llc you must read and agree with the product liability and limited warranty terms and conditions. all of these are accessible through the ‘legal notices' link above or on the home page. "xsubc" is a registered trademark of xsubc electronics, llc. "xsubc electronics", "excitement in electronics", "enhanced equipment solutions", and the "xc" logo are all trademarks of xsubc electronics, llc. prices, specifications, and availability are subject to change without notice. xsubc does not ship products internationally at this time. |