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Terms & Conditions
Copyright 2023 by Bayland Technologies, Inc.
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All trademarks are the property of their respective holders. All rights reserved. Copyright in this document is owned by Bayland Technologies, Inc. Use of this Site implies to any person to use, view, copy, print, and distribute this Site's documents subject to this Agreement and the following terms of use. Please do not use this Site if you do not agree to abide by the terms and conditions set forth below.
Copyright
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bayland Technologies, Inc. or its content suppliers and protected by United States and international copyright laws. All pictures uploaded to the Site or submitted to Bayland Technologies, Inc. through email are the property of Bayland Technologies, Inc. The compilation of all content on this Site is the exclusive property of Bayland Technologies, Inc. and is protected by US and international copyright laws. All software used on this Site is the property of Bayland Technologies, Inc. or its software suppliers and protected by United States and international copyright laws.
Trademarks
Bayland Technologies, Inc. and other logos and service names are trademarks of Bayland Technologies, Inc. may not be used in connection with any product or service that is not Bayland Technologies, Inc.'s, in any manner that is likely to confuse customers, or in any manner that disparages or discredits Bayland Technologies, Inc. All names, product names, logos, trademarks or registered trademarks are the property of their respective companies, including but not limited to Barco, EIZO, LG, HP, Dell, Lenovo, Logitech, Samsung, Nvidia, PNY, Acer, Asus, BenQ, Startech, Tripp Lite, NEC, NDSsi, Siemens, JVC Totoku, and Vidar.
Disclaimer
While Bayland Technologies, Inc. uses reasonable efforts to include accurate and up-to-date information on this Web site, it makes no warranties or representations regarding its accuracy. Bayland Technologies, Inc. assumes no liability or responsibility for any typographical or other errors or omissions in the content on this Site. Suppose a product is listed at an incorrect price or with other incorrect information due to a typographical or other error. In that case, Bayland Technologies, Inc. shall have the right to refuse or cancel any orders placed for the product listed incorrectly. Bayland Technologies, Inc. shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Bayland Technologies, Inc. shall issue a credit to your credit card account for the amount charged. If a product offered by Bayland Technologies, Inc. is not as described, your sole remedy is to return it to Bayland Technologies, Inc. for a refund.
Service Providers
Bayland Technologies, Inc. is an independent service provider. Bayland Technologies, Inc. is not an Authorized Distributor or Authorized Service Center and makes no representation for Barco products
Your liability and use of our website:
When using the Bayland Technologies, Inc. website, you agree to:
- Do not do anything that might damage or interrupt access to the Bayland Technologies, Inc. website server or material available on the website;
- Not disseminate or otherwise use or access defamatory, abusive, offensive, threatening, or otherwise objectionable material information or send any form of bulk communication, including "spam" email.
- Where applicable, ensure that your username and password are used with care. You will be responsible for activities and orders made under your password. Bayland Technologies, Inc. may ask you to change your password if it believes there has been a security breach or misuse of the Bayland Technologies, Inc. website.
- not abuse the rights of another individual or make unauthorized or fraudulent orders or requests for services;
- not breach any laws concerning the use of electronic communications and public communication networks;
- not do anything or cause anything to be done that may infringe or damage any intellectual property rights (including, without limitation, copyright and trademarks) of Bayland Technologies, Inc. or a third party;
- not obtain unauthorized access to the website.
Terms of Sale
Bayland Technologies, Inc. retains ownership in all products sold until the balance is paid in full. All prices in US funds only. Any duty charges are the customer's responsibility. Bill To is responsible for core charges if applicable. By using your shipper ID, you are responsible for paying any state tax and for filing any claims for shipping damage. When units are repaired, we guarantee only the parts installed by us under normal usage conditions for a period of ninety days after the date of repair. There is no warranty or guaranty of merchantability, or fitness for a particular purpose, with respect to the services performed or parts furnished by us. All merchandise is brand new unless otherwise stated. Items not accompanied by a warranty card are guaranteed for 90 days from the date of purchase. Warranty does not cover any damage caused by accidents, shipping, misuse, or negligence.
All sales are final unless DOA or received damaged in shipping, shipped by Bayland Technologies, Inc. We do not accept returns on new items. New items with defects or functionality problems must be sent to the manufacturer for service and warranty replacement. All other items are subject to a 20% restocking fee.
Special order items are non-cancelable and non-returnable. Large-volume orders are non-cancelable once the product is shipped by Bayland Technologies, Inc. Purchased items requiring service must be sent to the service center with full insurance coverage and freight charges prepaid. Returns are accepted within 30 days of placing the order. If your item is new, returns in used or altered condition will not be accepted. Software cannot be returned if a license key has been issued. Exchanges are accepted up to 30 days from the date received. You must call for an RMA to return an item, and ship it fully insured and freight charges prepaid. Returns without an RMA number or sent freight collect will be rejected.
All renewed (refurbished) merchandise is quality-controlled before leaving our premises. Therefore, the risk of loss or damage to the goods shall pass to the buyer as soon as a carrier for delivery to the buyer picks up such goods. The buyer should therefore inspect all packages for damage before signing the delivery receipt. Claims for merchandise damaged in transit should be filed immediately with the carrier (not the seller). If the merchbuyer's is not in good working order, the buyer's sole remedy shall be replacement or repair. Seller makes no warranty of merchantability, fitness, or application of the goods, and in no event is liable for any damage, incidental or consequential, except to the extent prohibited by applicable law. Some states do not allow the limitation, and exclusions may not apply to the buyer. Warranty will be voided if full payment is not received within the terms of this transaction. These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contraUSo U.S. prohibited."
Shipping Options, Fees, and Transit Time
Shipping rates, delivery dates, and services are estimates and are not guaranteed. Shipping times do not include handling time and/or associated fees. Bayland Technologies, Inc. is not responsible for delays caused by the shipping carrier and cannot be held accountable for any such delays. Shipping and delivery times for international orders are subject to customs clearance and delays, and Bayland Technologies cannot guarantee exact delivery dates regardless of the shipping method selected during checkout. The buyer has the option to contact Bayland Technologies, Inc. and request that their item be shipped under their shipping account number and billed to their account instead.
Upon the receipt of the product, the recipient shall have a period of three (3) calendar days to report any manifest physical damage to the product to Bayland Technologies, Inc. Beyond these three days, Bayland Technologies, Inc. shall be under no obligation to initiate an insurance claim with the shipping carrier on account of such damage, be responsible for return or replacement of the product. For any claim to be deemed valid, the recipient must retain and present the original packaging of the product, and there must be conspicuous physical damage to the packaging. Furthermore, all claims must be substantiated with photographic and video evidence, submitted within 3 days of delivery of the product or service. Neither Monitors.com, Bayland Technologies, Inc., nor any of its affiliated entities shall bear any liability for claims tendered after the lapse of the aforementioned three-day period following the product or service delivery.
Links to Other Sites
The links in this area will let you leave this Site. The linked sites may not be under the control of Bayland Technologies, Inc., and Bayland Technologies, Inc. is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. These links are provided only as a convenience, and the inclusion of any link does not imply endorsement of the Site.
Applicable Law
Bayland Technologies, Inc. is a Texas corporation headquartered in Houston, Texas. Parties contracting with Bayland Technologies, Inc. acknowledge that all contracts are formed and performed in Houston, Texas. As such, any party agreeing with Bayland Technologies, Inc. agrees that the terms of the Agreement be construed in accordance with Texas law and that any litigation shall be filed in Houston, Harris County, Texas.
International Users
The Service is controlled, operated, and administered by Bayland from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bayland Content accessed through http://www.monitors.com/ in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Bayland, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relattorney'sr arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement oAgreementolation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bayland reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Bayland in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAUSE, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and the arbitrator may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BAYLAND TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BAYLAND TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. BAYLAND TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAYLAND TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAYLAND TECHNOLOGIES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination & Access Restriction
Bayland reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the AgAgreements are governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bayland as a result of this Agreement or use of the Site. Bayland's performance of Bayland's Agreements is subject to existing laws and legal process, and nothing in contaiAgreementis Agreements is in derogation of Bayland's 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 Bayland with respect to such use. If any Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect.
Unless otherwise specified, the Agreement constitutes the Agreement between the user and Bayland with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Bayland with respect to the Site. A printed version of the Agreement notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or related to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the Agreement and related documents be written in English.
Changes to Terms
Bayland reserves the right, in its sole discretion, to change the Terms under which http://www.monitors.com/ is offered. The most current version of the Terms will supersede all previous versions. Bayland encourages you to review the Terms periodically to stay informed of our updates.
Contact Us
Bayland Technologies, Inc. welcomes your questions or comments regarding the terms:
Monitors.com
4500 W 34th St, Ste K
Houston, Texas 77092
sales@monitors.com
800-801-8432
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Effective as of March 30, 2018
