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Effective Date: March 25, 2010.
Welcome to the Alpha-omega-electronics Web site (hereinafter the “Site”), operated by Net Radiance (“Company”). The following terms and conditions, the Privacy Policy and any other policies, notices, rules or guidelines posted on the Site shall govern your use of the Site and your participation in the Program. Because this terms and conditions document (the “Terms and Conditions”) constitutes a legal agreement between you and the Company, please read them carefully. Capitalized terms not defined in the text are defined in the section entitled “Definitions” at the end of these Terms and Conditions.
1. YOUR AGREEMENT
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. You also agree to comply with any guidelines or rules posted on the Site, and all such guidelines and rules are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with this Site, its content or the Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using this Site and to cancel your participation in the Program.
PLEASE NOTE: We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective on the earlier of (i) the date such amendment was posted to the Site, or (ii) at the earliest date permitted under applicable law (the “Effective Date”). Please review these Terms and Conditions regularly. Your continued use of the Site or the Program following the Effective Date of any amendment will constitute your acceptance of the amended Terms and Conditions. For your information, this page was last updated as of the date set forth at the top of these Terms and Conditions.
2. PRIVACY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices relating to the collection and use of personal information.
Express Consent: By accepting the terms and conditions of this Site and providing your telephone number, you are subscribing to a service that transmits special offers to subscribers via pre-recorded voice messages.
By subscribing, you are expressly consenting to receive pre-recorded telephone messages from The Firebrand Group, LLC, a Nevada company doing business as Worldwide Commerce Associates (“WCA”) that include special or discounted sales offers. You are subscribing to receive offers only from WCA, and only at the specific numbers(s) you have provided to us. Your consent will be effective regardless of whether the number you have provided: (a) is a home, business, or cell phone line; and/or (b) is or will be registered on any state or federal Do-Not-Call (DNC) list, and shall remain in effect until you revoke your consent and cancel your subscription.
To unsubscribe: You may cancel your subscription and revoke your consent to receive pre-recorded telephone calls at any time by either (a) utilizing the opt-out procedure included in any message you receive; or (b) by calling 800-269-0281
NOTE: WCA does not send offers via email, and is unable to honor any unsubscribe requests sent by other companies. If you are receiving offers via email please follow the unsubscribe instructions included therein.
3. TERMINATION/CANCELLATION OF ACCOUNTS
Company may, at its sole discretion, terminate any account without prior notice for:
- any violation of any provision of these Terms and Conditions or fraudulent activity;
- acting against the business interests or reputation of the Company;
- otherwise acting unlawfully in relationship to the Company, the Site or the Program; and/or
- any other reason at the sole discretion of the Company.
If your account is terminated by Company, you may not re-enroll or join under a new account without Company’s prior written authorization.
4. OTHER APPLICABLE TERMS AND CONDITIONS
In addition to the provisions of Sections 1 through 6 3 above, the following terms and conditions apply to your use of the Site and participation in the Program:
- You are responsible for maintaining the confidentiality of your Member Account and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member Account.
- By establishing an account to participate in the Program, you are giving your consent to receive by email promotions or newsletters from the Company, its affiliated entities and/or third-party marketing partners. If you do not wish to receive these communications, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from , click here. Please note that exercising an opt-out mechanism only applies to emails from and not from third party advertisers.
- You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via the Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law, and in equity.
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You may be transferred to online merchants or other third party websites through links or frames contained on the Site. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your information. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such websites by the Company and any association with its operators is provided solely for your convenience. You agree that Company has no liability whatsoever in connection with such third party websites and your usage thereof.
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DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO RETURNS OR EXCHANGES WILL BE ACCEPTED.
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LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, NO MATTER HOW CAUSED, INCLUDING WITHOUT LIMITATION AS A RESULT OF TYPOGRAPHICAL, SYSTEM,HUMAN ERRORS AND FAILURES, FAULTY TRANSMISSIONS, TECHNICAL PROBLEMS AND MALFUNCTION(S), ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, OR THE USE OR INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTELLECTUAL PROPERTY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO ANY USER UNDER THIS AGREEMENT EXCEED AN AMOUNT OF $1,000.
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This Agreement shall be treated as though it were executed and performed in Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Cook County, Illinois, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties. To the extent that anything contained in this Agreement contradicts or is in any way inconsistent with the Privacy Policy, the Privacy Policy shall control in all respects. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.
CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov
CONTACTING US. If you have questions about the Service or this Agreement, please contact us by any method set forth on our “contact us” page.
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