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Terms & Conditions
NEW Non-Invasive Measurement Information
Picotest.com Terms & Conditions (Updated 7/9/2012)

 

Thank you for visiting the Picotest.com website (the “website”).  The website is owned and operated by Picotest.com, Inc., (“Picotest.com”, “our”, “us”, “we”, or “the Company”).

Legally Binding Agreement
These Terms and Conditions set forth the rules that apply to your use of our website. You should read them carefully.  The Terms and Conditions constitute a legally binding agreement between you (including the organization that you represent, if any) and the Company.  When you visit or shop at our website you automatically agree to be bound by these terms and conditions and any updates or modifications that we may make from time to time.  Internet technologies, and the laws related to them, change frequently, and accordingly, the Company reserves the right to modify these Terms and Conditions at any time.  Your continued use of this website constitutes your acceptance of such modified Terms and Conditions.  Whenever you visit our website you should review the Terms and Conditions and Privacy Policy.  If you do not agree with any of these Terms and Conditions or any provision of the Privacy Policy, do not use the Picotest.com website.

Privacy
Please read our Privacy Policy, which details our privacy policy and practices and also governs your visit to our website.  By visiting or using our website, you agree to be bound by the terms of our Privacy Policy.  If there is any conflict between the terms of our Privacy Policy and our Terms and Conditions, the Terms and Conditions govern.

Eligibility to Use Website
The website is not intended for or directed to minors (persons under 18 years of age), or to individuals or entities who are not United States residents, or for access or use outside of the United States, and the website may only be used by individuals and entities who can form legally binding contracts under applicable law. Your use of the website is a representation that you are legally permitted to enter into binding contracts, are 18 years of age or older, are a United States resident, and are accessing and using the website from within the United States.

Copyright/Trademark Information
The contents of this website are the intellectual property of Picotest.com, Inc., its affiliates, subsidiaries or third parties who have licensed the materials to us. All content is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws, and is the exclusive property of Picotest.com, who reserves all rights, title, and interests thereto.

PICOTEST; PICOTEST.COM; and the Picotest logo are trademarks of Picotest Corp., and under license by Picotest.com, Inc., and may not be used by you without our written permission.  All other trademarks of third parties that may appear on our site are the property of their respective owners.

This website or its contents may not be copied, reproduced, distributed, or transmitted in any way without Picotest.com’s prior written consent. As a user of the website, you may download one copy of the contents on this site for personal, non-commercial use provided that you do not alter, modify, or attempt to alter or modify the contents in any way, or alter or delete any copyright or trademark notice. All content on this website shall be used for lawful purposes only.

Copyright Infringement Complaints
Pursuant to 17 United States Code 512(c)(2) (“Digital Millennium Copyright Act of 1998”), our designated agent for notice of alleged copyright infringement appearing on our website is:

Damon J. Whitaker, Esq.
Bryan Cave LLP
1201 W. Peachtree Street NW
14th Floor
Atlanta, Georgia 30309
Phone: (404) 572-6600
Fax : (404) 572-6999
damon.whitaker@bryancave.com

Any other complaints of intellectual property infringement should be sent in writing to the above designated agent.

Notwithstanding the foregoing, this website acts as a passive conduit for your communications and any and all other communications and/or distribution of information. Picotest.com has no editorial control or otherwise, over any communication, information, and specifically, over the content of such communication or information. Picotest.com does not and will not ensure the accuracy or reliability of your communications and any and all other communications or information nor will Picotest.com act as a monitor over the content of such communication or information. However, Picotest.com does reserve the absolute right to remove or restrict any communication or information that you may post or communicate to the website that is in violation of the Terms and Conditions, illegal, threatening, vulgar or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your communications and that you will remain wholly responsible and liable for any damages, whether it be to person, property or business, that arise as a result of your communications and that you will indemnify, defend and hold harmless Picotest.com for any of these damages.

Advertisements for Offers to Buy Products
Listings on this website are not an offer to sell goods, rather, they are advertisements to receive offers from you to buy goods from us. By placing an order, you are making an offer to buy those goods, which the Company accepts only by shipping the good(s) ordered. There is no binding contract for sale until such time as we deliver the first shipment of product(s) subject to your offer. All prices advertised on the website are subject to change, and we may have to communicate price changes or availability issues to you after you place your order.

Risk of Loss
If you provide us with a carrier account number or select a carrier other than a carrier that regularly ships for us, title to products and risk of loss or damage during shipment passes from Picotest.com to you upon shipment from our facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Picotest.com to you upon your receipt.

For information about our free shipping, see our Shipping page or click here.

Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and your rights therein are contained in the license agreement between such licensor(s) and you. Picotest.com retains a security interest in the products until payment in full is received. You will be responsible for all shipping and related charges.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of an offer to sell. Any such confirmation is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason. Picotest.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Picotest.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2,000.00 ( USD ) must obtain pre-approval with an acceptable method of payment. We may require additional verifications or information before accepting any order. Picotest.com does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Picotest.com.

Typographical or Price Errors
The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein. We reserve the right to correct errors or to update product information at any time without notice.  In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Picotest.com, in its sole discretion, shall have the right to either: (i) refuse or cancel any orders placed for the product(s) listed at the incorrect price, or (ii) give you notice of the error and allow you the opportunity to proceed with your order at the corrected price. Picotest.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Picotest.com shall issue a credit to your credit card account in the amount of the charge.

Product Descriptions
Picotest.com attempts to describe the products listed on the website as accurately as possible.  However, we make no guarantees with respect to the accuracy, completeness, reliability, or currency of our product descriptions or other website content.  If a product you order and receive from us is not as described on our website, your sole remedy is to return the product to us in accordance with the terms of our Return Policy and Procedure.

User Accounts
You may create your own account by completing the online registration process on the website.  You must provide us with accurate and complete registration information, and update it if this information changes.  Keep the e-mail address associated with your account current, otherwise you will not be able to receive messages from us even though you may still access your account. 

In creating an account, you expressly consent to our collection, disclosure, and use of any information that you submit therewith in accordance with our Privacy Policy.  You also consent to receive communications from us electronically, and agree that all communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

You are responsible for maintaining the confidentiality of your account and password, and will be responsible for all use of your account and password, including, without limitation, any use by any unauthorized third party.  You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. Picotest.com reserves the right to suspend or terminate your use of the website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the website.  Picotest.com also reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Comments and Correspondence
Any comments, content, feedback, ideas, posts, reviews, submissions, or suggestions (“Comments”) you send to us or post on the website shall become and remain our exclusive property. Your submission of such material shall constitute an assignment to Picotest.com of all worldwide right, title, and interest in and to the materials including all copyright and other intellectual property rights and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other theory relating to such submissions. We may use, copy, publish, modify, disclose, and distribute any Comments you send us, for any purpose whatsoever, without compensating you in any way. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. You also agree to take all further acts as we request to effect the intent of this paragraph.

Prohibited Conduct
You may only use the website for lawful purposes.  In your use of the website, you agree not to: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the website or any websites linked to it, or post or transmit any defamatory, vulgar, obscene, profane, sexually explicit, or other objectionable material; (iii) interfere with or damage the website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, Picotest.com, or create or use a false identity; (v) attempt to obtain unauthorized access to the website or portions of the website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the website; (viii) use any meta tags or any other “hidden text” utilizing our name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Picotest.com; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the website; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.

Picotest.com has the right to prohibit communication, conduct, or content on the website that, in our sole discretion, we deem to be unlawful or harmful.  As we cannot ensure prompt removal of questionable or harmful content, Picotest.com assumes no liability for any action or inaction with respect to such content. 

Picotest.com may terminate or suspend access, without notice, to part or all of the website for any conduct that, in our sole discretion, we believe violates any law, these Terms and Conditions, or is otherwise harmful to our interests or the interests of our affiliates, subsidiaries, customers, or other users of the website.

Return Policy and 30 Day Limited Guarantee
Every product you buy from Picotest.com is backed by a one (1) year product manufacturer’s warranty and the Picotest.com guarantees described in this section. See manufacturer’s information for details on the manufacturer’s warranty. Picotest.com is not responsible for the manufacturer’s warranty, and all communications related thereto should be sent directly to the manufacturer.

Picotest.com’s 100% Money Back Guarantee: Our 30 day money back guarantee provides for either exchange or refund of qualifying merchandise only. Failure to comply with the Return Policy and Procedure voids this guarantee.

All returns require a Return Authorization number to be issued prior to being returned. Returned products must be in new condition, include original outer packaging, all disks, registration cards, inner packing materials and other accessories, and be received within 30 days of the date shipped. We reserve the right to refuse for return or charge a restocking fee for damaged, incomplete or otherwise non-conforming returns. Returns will not be accepted without a Return Authorization number issued by Picotest.com or when the product manufacturer’s or distributor’s return policies supersede ours.

This is a summary only, you can review our complete Return Policy and Procedure in our support center or click here. You can also review warranty coverage and returns privileges for any specific product in that item’s listing on our website. You can request a Return Authorization for most products eligible for return through the link provided in our complete Return Policy and Procedure, or after logging into your account.

Picotest.com’s Price Guarantee – Shop with confidence, our price guarantee includes time of sale price matching as well as 30 day price protection as described below.

Picotest.com’s Point of Sale Price Match Policy: At point of sale we will match any competitor’s price on identical offers or items. The item must be in-stock, available for immediate shipment and be in the same condition as the Picotest.com advertised item. Price matched items are limited to one per household. Sorry, but we do not offer price matches on any item that is advertised below Picotest.com’s actual cost.

Picotest.com’s 30 Day Price Protection Policy: In the event our regular advertised price on an item falls within 30 days of your purchase date simply e-Mail us within 30 days of your original purchase date and we will issue you a credit in the amount of the price drop good toward the purchase of anything else we sell. This price protection policy only applies to regularly advertised products and does not apply to limited time sales, instant savings offers, instant or mail-in rebates, private offers, auctions, open box items, limited quantity and close out items or other promotions or offers and may not be used in conjunction with other discounts. Due to fluctuations in the industry, CPU’s, Memory, and products or bundles containing a CPU or Memory (example: desktop and laptop computers), and similar products, are not included in our price protection policy. Prices on CPU and Memory are subject to frequent change and we cannot offer price protection on these items and products containing these items in the event prices rise or fall.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS:

NO WARRANTIES
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Other than Picotest.com’s MONEY BACK GUARANTEE, Picotest.com’s Point of Sale Price Match Policy, AND PICOTEST.COM’S 30 DAY PRICE PROTECTION POLICY, Picotest.com makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included or sold through it. By using this WEBsite, you agree THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND YOU AGREE to assume full responsibility for any costs associated with servicing or repairs of any equipment you use in connection with your use of our WEBsite. 

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ON BEHALF OF ITSELF, IT’S AFFILIATES, AND SUPPLIERS:  (1) DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOM, OR TRADE; AND (2) DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, E-MAIL, OR ANY OTHER ASPECT THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU FULLY ASSUME ALL risk AND responsibility for your use of the content of this website AND ALL PRODUCTS SOLD THEREON. 

LIMITATION OF LIABILITY
In no event shall Picotest.com or any of its subsidiaries, affiliates, licensors, suppliers, advertisers, agents, vendors, or sponsors, nor our or their directors, officers, employees, consultants, agents, attorneys, or other representatives, be responsible or liable for any indirect, special, incidental, consequential, exemplary, punitive or other damages, including but not limited to, loss of use, loss of data, loss of business, or loss of profits, under any contract, negligence, strict liability, or other legal OR EQUITABLE theory arising out of or relating in any way or connected to the website, materials contained on the website, products contained on or sold through the website. OR YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. the total aggregate liability of picotest.com or any of the other entities, parties, or persons subject to this liability limitation, arising from, related to or connected with the website, materials contained on the website, or products contained on or sold through the website, SHALL NOT exceed the amounts you paid for the product(s) purchased through the website.

Some state laws do not allow the exclusion or limitation of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above disclaimers, limitations and/or exclusions may not apply to you.

NO GUARANTEE OF PRODUCT AVAILABILITY
Picotest.com makes no guarantee that any product(s) contained on the website is in-stock or is otherwise available, and we reserve the right to cancel any order placed for product(s) that are or become unavailable.

BUNDLED ITEMS
Bundled items are included and available only while supplies last. Items of similar or greater value may be substituted at our sole discretion.

REBATE COUPONS
Rebate coupon redemptions are limited to ONE PER ADDRESS only, unless otherwise noted.

CIRCUMSTANCES BEYOND OUR CONTROL
Under no circumstances will Picotest.com be liable for failing to perform by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.

THIRD-PARTY SERVICES AND LINKS TO OTHER WEBSITES
Certain third parties provide services on or through the website.  We do not warrant the offerings of any of these third parties. We do not assume any responsibility or liability for the actions, product, or content of all of these or any other third parties.

This website contains hyperlinks to outside services and resources which are not owned, operated or affiliated with Picotest.com, and which we do not control. These hyperlinks take the user outside the Picotest.com website and any concerns or issues relating to goods or services offered for sale at such websites, or such websites themselves, should be directed to the particular company or resource that owns or operates the website in question. You access these websites at your own risk. Picotest.com makes no warranties or guarantees concerning the accuracy or safety of such websites or their content, including the products or services available thereon and does not assume any responsibility or liability for the actions, product, service, or content of such websites. Further, Picotest.com is not bound by the terms or conditions, if any, of such websites. A link to any other website does not mean, expressly or implicitly, that Picotest.com endorses or accepts responsibility for the content or use of such websites, nor does it create any affiliation, connection, endorsement, or sponsorship of such websites or their owners or operators.

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Export Regulations
Picotest.com makes no claim or representation that the materials on this website are available outside of the United States. You may not access, use, download, or export any materials contained on this website in violation of the United States export laws or regulations or in violation of any local laws or regulations.  Any warranties are immediately rendered null and void for products exported outside the United States.

Indemnification
You agree to defend, indemnify, and hold harmless Picotest.com, and its affiliates, subsidiaries, and all of their respective shareholders, directors, officers, employees, agents, distributors, vendors, attorneys and other representatives, from and against any and all claims, damages, losses, liabilities, costs and expenses, including without limitation, attorneys’ fees, arising from, connected with, or related to: (i) your use of the website; (ii) alleged breach of these Terms and Conditions; or (iii) any activity related to your account by you or any other person accessing the site using your account.

Dispute Resolution
AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS.

You and Picotest.com agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from Picotest.com by binding Arbitration administered by the American Arbitration Association. The prevailing American Arbitration Association Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association’s web site at www.adr.org. Any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. The arbitration award shall be binding and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction to become an enforceable judgment. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, or claims arising out of or relating to your purchase of goods from Picotest.com, including, but not limited to, contract claims, tort claims and statutory claims, or any combination of claims. You and Picotest.com agree that the arbitration proceeding will take place in Maricopa County, Arizona. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action to the extent set forth in this Agreement.

Modification and Termination
We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the website, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.  If you do not agree with any changes made to the website, you may elect not to use or visit the website.

We reserve the right to immediately terminate these Terms and Conditions and/or your access to and use of the website, including your account, at any time and for any reason, with or without notice.  Neither Picotest.com nor its affiliates will have any liability for such termination.

Miscellaneous
These Terms and Conditions (including the documents referenced herein) contain the entire understanding of you and Picotest.com regarding the website, and supersedes all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Arizona without reference to conflict of law principles.  These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without our prior written consent.  No failure or delay by a party in exercising any right, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions.  No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.  The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.