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READ VERY CAREFULLY.
This Terms of Use Agreement ("Terms of Use") applies to use of the
Beam On Systems Solutions, Inc. website located at
HTTP://WWW.BEAMON.CA (the "Site"). Before you proceed with your purchase
using our shopping cart, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE,
DO NOT CLICK ANYWHERE AND DO NOT USE THE SITE.
Beam On Systems Solutions, Inc. reserves the right, at its sole discretion, to
change, add or remove portions of this Terms of Use, at any time. It is your
responsibility to check this Terms of Use each time before using the Site. Your
continued use of the Site following the posting of changes will mean that you
accept and agree to the changes. You agree that all subsequent purchases by you
will be subject to the terms and conditions of this Terms of Use, which shall
apply until we post a modified Terms of Use and then in accordance with such
modified Terms of Use. As long as you comply with this Terms of Use and any such
modifications, Beam On Systems Solutions, Inc. grants you ("End User") a
personal, non-exclusive, non-transferable, non-sub licensable, limited privilege
to enter and use the Site.
1. Content; Copyright and Trademark Notice. All media (downloaded or samples),
software, text, images, graphics, user interfaces, music, videos, photographs,
trademarks, logos, artwork and other content on the Site (collectively,
"Content"), including but not limited to the design, selection, arrangement, and
coordination of such Content on the Site is owned or licensed by or to
Beam On Systems Solutions, Inc., and is protected by copyright, trade dress, and trademark
laws, and various other intellectual property rights laws. Except as expressly
provided in this Terms of Use, no part of the Site and no Content may be
reproduced, recorded, retransmitted, sold, rented, broadcast, distributed,
published, uploaded, posted, publicly displayed, altered to make new works,
performed, digitized, compiled, translated or transmitted in any way to any
other computer, website or other medium or for any commercial purpose, without
Beam On Systems Solutions, Inc.'s prior express written consent. Except as
expressly provided herein, you are not granted any rights or license to patents,
copyrights, trade secrets, trade dress, rights of publicity or trademarks with
respect to any of the Content, and Beam On Systems Solutions, Inc. reserves all
rights not expressly granted hereunder. Beam On Systems Solutions, Inc.
expressly disclaims all responsibility and liability for uses by you of any
Content obtained on or in connection with the Site.
Beam On Systems Solutions, Inc., are registered trademarks, trademarks or
service marks of Beam On Systems Solutions, Inc.. All custom graphics, icons,
logos and service names are registered trademarks, trademarks or service marks
of Beam On Systems Solutions, Inc.. All other trademarks or service marks are
property of their respective owners. The use of any Beam On Systems Solutions, Inc.
trademark or service mark without Beam On Systems Solutions, Inc.'s express
written consent is strictly prohibited.
2. Registration; Customer Accounts; Use of Site. Certain services offered on or
through the Site require you to first open a My Account. You are responsible for
maintaining the confidentiality of your My Account information, including your
password, and for all activity that occurs under your account. You agree to
notify Beam On Systems Solutions, Inc. immediately of any unauthorized use of
your account or password, or any other breach of security. You may be held
liable for losses incurred by Beam On Systems Solutions, Inc. or any other user
of the Site due to someone else using your password or customer account. You may
not use anyone else's password or customer account at any time. You may not
attempt to gain unauthorized access to the Site. Should you attempt to do so,
assist others in making such attempts, or distributing instructions, software or
tools for that purpose, then your customer My Account will be terminated. You
agree to provide us with accurate, current and complete information about
yourself and your billing information as prompted by the registration process.
You may not use any automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy, probe, test or
monitor any portion of the Site or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Site. You agree that
you will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Site or any of the systems or networks
comprising or connected to the Site.
You also agree that Beam On Systems Solutions, Inc. may, in its sole discretion and without
prior notice to you, terminate your access to the Site and your My Account for
any reason, including without limitation: (1) attempts to gain unauthorized
access to the Site or assistance to others' attempting to do so, (2) overcoming
software security features limiting use of or protecting any Content, (3)
discontinuance or material modification of the Site or any service offered on or
through the Site, (4) violations of this Terms of Use, (5) failure to pay for
purchases, (6) suspected or actual copyright infringement, (7) unexpected
operational difficulties, or (8) requests by law enforcement or other government
agencies. You agree that Beam On Systems Solutions, Inc. will not be
liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information. As more
fully described in our Privacy Policy, (click here to view), you must disclose
certain Personally Identifiable Information to use our Site, register, and make
purchases. As a condition of registering with our Site or making any purchases
of any products and/or services or conduct any transactions, you represent that
you have first read our Privacy Policy and consent to the collection, use and
disclosure of your Personally Identifiable Information and Non-Personally
Identifiable Information as described in our Privacy Policy. Our Privacy
Policy's terms and conditions will change from time to time, and as a condition
of browsing the Site, using any features or making any purchase, you agree that
you will first review our Privacy Policy prior to making any initial or
subsequent purchases.
While Beam On Systems Solutions, Inc. takes reasonable steps to safeguard and to
prevent unauthorized access to your personal information, we cannot be
responsible for the acts of those who gain unauthorized access, and we make no
warranty, express, implied, or otherwise, that we will prevent unauthorized
access to your private information. IN NO EVENT SHALL Beam On Systems Solutions, Inc. OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY
WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL
INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT
LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER
Beam On Systems Solutions, Inc. WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT
DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing a My Account
with us, and each time you make a purchase through our Site, you grant
permission for Beam On Systems Solutions, Inc. to contact you at your e-mail
address. To stop receiving our marketing emails, send an e-mail to us at SALES@BEAMON.CA
or follow the opt-out procedures set forth in such marketing emails.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or services
on our Site, you must (a) be at least eighteen (18) years of age. Prior to the purchase of any goods or
services on our Site, you must provide us with a valid credit card number and
associated payment information including all of the following: (i) your name as
it appears on the card, (ii) your credit card number, (iii) the credit card
type, (iv) the date of expiration and (v) any activation numbers or codes needed
to charge your card. By submitting that information to us, you hereby agree that
you authorize us to charge your card at our convenience but within thirty (30)
days of credit card authorization. All sales of products and services are final.
All charges from those sales are nonrefundable.
6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by
VISA, MasterCard, American Express, Discover, Paypal, and government credit
cards (each of which may be removed by Beam On Systems Solutions, Inc. in its sole
discretion). Unless expressly set forth on the Beam On Systems Solutions, Inc. site, we do
not accept any other payment form. If we offer or accept any other form of
payment, you hereby agree to all restrictions, terms and conditions associated
with such additional form of payment. Your card issuer agreement governs your
use of your designated card, and you must refer to that agreement and not this
Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND
NOT Beam On Systems Solutions, Inc., ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS
BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and
charges incurred in connection with your purchases (including any applicable
taxes) at the rates in effect when the charges were incurred. Unless you notify
Beam On Systems Solutions, Inc. of any discrepancies within sixty (60) days after they first
appear on your credit card statement, you agree that they will be deemed
accepted by you for all purposes. If Beam On Systems Solutions, Inc. does not receive
payment from your credit card issuer or its agent, you agree to pay all amounts
due upon demand by Beam On Systems Solutions, Inc. or its agents. You are responsible for
paying any governmental taxes imposed on your purchases, including, but not
limited to, sales, use or value-added taxes.
7. Products Terms of Use and Declaration of Intent: The End User understands
that certain cable/satellite television equipment sold legally may nevertheless
be used in an unauthorized manner to aid in the theft of cable/satellite
television services. As an inducement to the dealer to sell End User
cable/satellite equipment, End User, hereby declare, under penalties of perjury,
that End User understand that federal law and various state, provincial and local laws
provide for substantial criminal and civil penalties for the theft of
cable/satellite television services, and that all products that End User
purchase from Beam On Systems Solutions, Inc., now and in the future, will not
be used to intercept any cable/satellite television signal without proper
authorization from End User's local cable/satellite company and payment of all
lawful charges, and End User will only use the equipment in accordance with all
applicable federal, state, provincial and local laws.
Beam On Systems Solutions, Inc. IS SELLING END USER EQUIPMENT SO THAT END USER
MAY USE IN A LEGITIMATE WAY AS INTENDED. IT IS NOT THE INTENT OF EMP-Centauri
Canada TO DEFRAUD ANY CABLE/SATELLITE COMPANY, AND Beam On Systems Solutions, Inc. WILL NOT ASSIST ANY INDIVIDUAL IN DOING SO. RECEIVING
CABLE/SATELLITE SIGNALS WITHOUT PROPER PAYMENT IS A CRIME. IT IS THE END USER'S
RESPONSIBILITY TO NOTIFY THEIR CABLE/SATELLITE COMPANY OF ANY EQUIPMENT THEY MAY
HAVE, AND MUST OBTAIN PERMISSION TO USE SUCH EQUIPMENT. Beam On Systems Solutions, Inc. WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES PHYSICAL OR LEGALLY
THAT MAY BE INCURRED WHILE USING EQUIPMENT PURCHASED FROM Beam On Systems Solutions, Inc. END USER MUST COMPLY WITH ALL FEDERAL, STATE,
PROVINCIAL AND LOCAL LAWS
REGARDING PRIVATE OWNERSHIP OF CABLE/SATELLITE TV EQUIPMENT.
In the event that End User is a dealer in cable/satellite television equipment,
End User will not advertise such products with the intent that any purchaser buy
the equipment for the purpose of aiding in any theft of cable/satellite
television services, nor will End User sell or otherwise transfer any equipment
End User have purchased from Beam On Systems Solutions, Inc. to any third party
who End User know or may suspect will use any such cable/satellite equipment for
the theft of cable/satellite television services. AS AN INDUCEMENT TO THE
DEALER, END USER AGREES TO INDEMNIFY Beam On Systems Solutions, Inc. FOR ANY
LIABILITIES, COST OR EXPENSE WHICH MAY INCUR, INCLUDING BUT NOT LIMITED TO
ATTORNEY FEES AND COURT COSTS, AS A RESULT OF MY BREACH OF THE FOREGOING
DECLARATION.
By placing an order, the End User states that he/she is of legal age and those
products ordered will only be used in a lawful manner. It is the sole
responsibility of the end user to ensure compliance with Federal, State and
Local laws when using these products.
End User agrees to hold Beam On Systems Solutions, Inc., its' owners, employees
and affiliates free of any claims, actions, legal and/or court fees brought
against him/her in connection with any use/misuse of products ordered from this
web site and/or products from external sites. End User further agrees to hold
and save harmless distributor from any and all claims, liabilities, disputes and
expenses such as attorney's fees from third parties resulting from improper use
(i.e. hacking or pirating encoded pay satellite signal) of the equipment
furnished by distributor, including but not limited to attorney fees and court
costs.
8. 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 our offer to sell. Beam On Systems Solutions, Inc.
reserves the right at any time after receipt of your order to accept or decline
your order for any reason. Beam On Systems Solutions, Inc. further reserves the
right any time after receipt of your order, without prior notice to you, to
supply less than the quantity you ordered of any item. Your order will be deemed
accepted by Beam On Systems Solutions, Inc. upon our delivery of products or
services that you have ordered. All orders placed over $1000.00 (U.S.) must
obtain pre-approval with an acceptable method of payment, as established by our
credit and fraud avoidance department. We may require additional verifications
or information before accepting any order.
9. No Responsibility To Sell Mis-priced Products Or Services. EMP-Centauri
Canada shall have the right to refuse or cancel any orders placed for
products and/or services listed at an incorrect price, rebate or refund, or
containing any other incorrect information or typographical errors.
Beam On Systems Solutions, Inc. 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, Beam On Systems Solutions, Inc. shall immediately issue a credit to
your credit card account in the amount of the charge.
10. Modifications to Prices or Billing Terms. Beam On Systems Solutions, Inc.
RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR
PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY
E-MAIL DELIVERY TO YOU.
11. Service and Support for Goods Sold. All requests for technical service and
support should be made directly to the manufacturer in accordance with their
terms and conditions.
12. Indemnification. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EMP-Centauri
Canada AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES,
SERVICE PROVIDERS, OTHER END USERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS
AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES,
MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THIS
TERMS OF USE, OR YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD-PARTY RIGHT.
13. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE,
ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF
Beam On Systems Solutions, Inc.'s PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR
THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN,
Beam On Systems Solutions, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR
CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR
REFERENCED BY THE Beam On Systems Solutions, Inc. SITE, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE,
NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
14. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE,
THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE
SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU.
IN NO EVENT SHALL Beam On Systems Solutions, Inc. OR ITS LICENSORS OR ANY OF
THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS,
SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE
THE Beam On Systems Solutions, Inc. SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE Beam On Systems Solutions, Inc. SITE WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF EMP-Centauri
Canada HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE
MAXIMUM LIABILITY THAT Beam On Systems Solutions, Inc. SHALL HAVE IS LIMITED TO
ANY AMOUNTS ACTUALLY PAID TO Beam On Systems Solutions, Inc. BY END USER. ORDER
INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE
MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF Beam On Systems Solutions, Inc.. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN
INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A
TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF
THE BARGAIN BETWEEN THE PARTIES.
15. Return Policy. Any return needs to have a RMA number (Return authorization
number) before being sent back to us.
Items that can not be returned are:
* Satellite dishes
* Auction items
* Satellite motors that have been installed
* All remote controls
* Service Parts
If you return any non returnable item we will not issue a RMA refund and will
not ship the item back to you unless you prepay for the return shipping.
* All RMA request for refund must be made within 7 days the item was delivered.
* All RMA request for refund must be in absolute perfect and new condition in
the original carton with all included accessories. Original merchandise box,
manuals, cds, etc must be in perfect condition. We will not accept used
merchandise back for a refund.
* All RMA request for exchange must be within 30 days from the ordering date.
* Warrantee work beyond 30 days from ordering date is provided by the
manufacturer and/or their representative directly and not by us.
* Any items returned without prior notice and with out a RMA number will not be
credited and will be returned to you. Your credit card will be also be charged
for the return shipping cost. If you have paid with a method other then credit
card the item will not be returned until we receive payment for the return
shipping cost.
* We must receive your RMA's item back before any replacement item is sent.
* Customer is solely responsible if RMA Merchandise returned to us is damaged in
shipping. Please use an insured and traceable method to return items to us.
* A $35 labor charge may be assessed on products or accessories returned for
warranty repair in which no fault is found and you will be charged for the
return shipping cost to return the item to you.
* A 20% restocking fee is applied to Returned Items to cover our return
processing, credit card, and shipping costs. The restocking fee does not apply
to exchanges if item is not used or unpacked. Returns are processed with 10 days
of receipt.
* Shipping charges are not refundable.
While we will handle warrantee work for most products we offer, You will be
responsible for any shipping charges for any warrantee exchanges or repairs.
RCV Warranty Note: When you buy any satellite receiver from
Beam On Systems Solutions, Inc. (www.beamon.ca)
, your receiver will be sent to you with the latest software and firmware
available at the time when the unit is manufactured. Beam On Systems Solutions, Inc. does
not support third-party software, and if used, it will void the manufacturer's
warranty. Please note that our free to air receivers are sent to you with
FACTORY loaded free to air
software/flash/bins. This will allow you to pickup only unencrypted free to air
(FTA) channels. We DOT NOT load them with
any illegal software/flash/bins to receive any encrypted channels. We can only
support free to air programming. Any modifications of our receivers will void
your warranty. Please read the warranty note before making a purchase. Free to
air receivers have the ability to be flashed /
programmed / upgraded using the RS232 cable,
however, we WILL NOT support any thing third
party software. Please contact the receiver manufactures and direct all
upgrading questions to them. Please note that receiver software is incompatible
across various models. If you upload the wrong software and create a problem
with the receiver, this will not only void your warranty but may make your
receiver inoperable. File transfer errors are entirely the users responsibility
and Beam On Systems Solutions, Inc. is not responsible for any problems that may result.
Only official software and upgrades available from the manufacturer can be used
with your receiver. Under no circumstances, should any other software be used
with the receivers that we carry.
16. General. No delay or failure to take action under this Terms of Use shall
constitute any waiver by Beam On Systems Solutions, Inc. of any provision of
this Terms of Use. If any provision of this Terms of Use is invalid or
unenforceable under applicable law, it is, to that extent, deemed enforceable to
the fullest extent possible (and severable in the event such provision is
completely unenforceable) and the remaining provisions of this Terms of Use will
continue in full force and effect. This Terms of Use will bind and inure to the
benefit of Beam On Systems Solutions, Inc.'s permitted successors and assigns. This Terms of Use is
personal to you and may not be transferred, assigned or delegated to anyone. Any
attempt by you to assign, transfer or delegate this Terms of Use shall be null
and void. Beam On Systems Solutions, Inc. may freely assign this Terms of Use
without consent or notice. This Terms of Use (including all documents expressly
incorporated herein by reference, including but not limited, to the relevant
Usage Rules) constitutes the complete and exclusive agreement between
Beam On Systems Solutions, Inc. and you with respect to the subject matter hereof and
supersedes all prior oral or written understandings, communications or
agreements not specifically incorporated herein.
LEGAL DISCLAIMER AND LIMITATION OF LIABILITY: Beam On Systems Solutions, Inc. is not
responsible to anyone for any loss or damage occasioned by, or arising out of
the improper or illegal use of products sold by Beam On Systems Solutions, Inc. In no event
whatsoever, shall Beam On Systems Solutions, Inc. be liable for any form of indirect,
special, incidental, exemplary, or consequential damages, including, but not
being limited to, any loss of profits or loss of business, as a result of any
breach of the terms hereof by the User/Buyer or any third party.
The equipment sold by Beam On Systems Solutions, Inc. is intended for legitimate usage only.
By placing an order, the purchaser states that he/she is of legal age and those
products ordered will only be used in a lawful manner. It is a criminal offense
to illegally access encrypted satellite signals. If you are using illegitimate
methods to watch a pay television signal without compensating its owner, then
you could be in violation of one or more laws, and may be subject to prosecution
under the laws of your country. The buyer of Beam On Systems Solutions, Inc. products agrees
to indemnity and hold harmless Beam On Systems Solutions, Inc., it's officers, directors,
shareholders, employees, agents, assigns, and affiliates, from any and all
claims, actions, suits, demands, and legal costs, brought against EMP-Centauri
Canada in connection with any use or improper use of Beam On Systems Solutions, Inc. sold
products by the Buyer/User or a third party.
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