Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ShopBCS. The collective work includes works that are licensed to ShopBCS. Copyright 2007, ShopBCS ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ShopBCS or purchasing ShopBCS products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ShopBCS or to purchase SHopBCS products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ShopBCS. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of ShopBCS used in the site are trademarks or registered trademarks of ShopBCS
Warranty Disclaimer
ShopBCS does not manufacture or design the Equipment. The warranty for Equipment commences on the Shipping Date and continues for the period set forth by the manufacturer. THIS IS CUSTOMER'S SOLE REMEDY UNDER THIS WARRANTY SECTION. Repairs that result from misuse, improper care or storage, negligence, alteration, accident, use of incompatible supplies, or lack of specified maintenance with respect to the Equipment are not covered by this warranty and will be performed at Customer's expense. While necessary maintenance or repairs to the Equipment can be performed by any company, Customer is forewarned that improper or incorrectly performed maintenance or repair to the Equipment by a third party voids this warranty. THIS WARRANTY DOES NOT COVER INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS LOSS OF USE OF THE EQUIPMENT OR SYSTEM, DELAY, DISRUPTION, INCONVENIENCE, LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER COMMERCIAL LOSS. Warranties are no longer valid in an occurrence of any natural disasters such as fires or floods. Please reference the Force Majeure section for additional information.
Restocking Charges & Special Orders
Customer is responsible for ShopBCS�s out-of-pocket costs incurred in cancelling an order. All returns must be approved in advance, are subject to a restocking charge of twenty five percent (25%), equipment must be unused by Customer, properly packaged and shipped, freight prepaid. If special equipment or materials are ordered at the Customer�s request, ShopBCS shall not be obligated to issue a credit or refund for cancellation or return of the equipment or materials if the manufacturer or distributor of the item will not accept the return or issue a credit to ShopBCS. No returns will be allowed for licenses. All returns are subject to the manufacturer�s policy.
Limitation of Liability
ShopBCS shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ShopBCS has been advised of the possibility of such damages. In no event, however, shall ShopBCS be liable for indirect, punitive, incidental, special, exemplary, or consequential damages (including without limitation, damages for loss of profits, business interruption, loss of business information, or any other type of pecuniary loss) arising out of, or resulting from Services or Equipment provided by ShopBCS, even if ShopBCS was advised of the possibility of such damages.
Typographical Errors
In the event that a ShopBCS product is mistakenly listed at an incorrect price, ShopBCS reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ShopBCS reserves 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 cancelled, ShopBCS shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ShopBCS without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
E911 Notice for VoIP Phone Users
Voice over Internet Protocol ("VoIP") requires a high speed internet connection. It is the responsibility of the Customer to maintain a high speed internet connection in order to have VoIP services. ShopBCS is not an internet service provider and does not provide 911 services on VoIP service. Customer acknowledges and agrees that BCS cannot be held responsible for the quality or outages of internet service provided by the company that Customer contracts with as its internet service provider. Customer further acknowledges and agrees that BCS does not have any control over whether, or the manner in which 911 service calls are answered or addressed by any local emergency response center. ShopBCS disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. Furthermore, Customer acknowledges and expressly understands, as indicated by Customer's initials set forth below, that BCS STRONGLY ENCOURAGES Customer to have an alternate means of accessing traditional 911 or e911 services. Moreover, ShopBCS does NOT RECOMMEND that Customer rely on a non-traditional 911 service in an emergency.
Voice over Internet Protocol Requirements
- Customer must provide LAN/Node Connection with Static IP Address visible from the internet.
- Customer must supply IP access and network capability.
- Far end must have customer supplied hardware and static or dynamic IP address. Compression requires Quality of Service routing for adequate speech clarity.
- Far end must be provided with local service for 911 capabilities.
- VPN Tunneling is required.
- VPN/WAN Configuration are unique and must be addressed on a case by case basis and could have additional charges associated with them.
- Set up and installation based on local (within 50 miles) of customer base of operation (where the phone switch is installed) additional cost may be incurred if other perimeters are encountered including but not limited to local circuit improperly configured.
- ShopBCS is not responsible for improper configuration of the internet by the carrier.
Confidentiality
Customer agrees to hold all Confidential Information of ShopBCS in strict confidence. "Confidential Information" shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. More specifically, "Confidential Information" shall mean all information or material that has or could have commercial value or other utility in the business in which ShopBCS is engaged, such as trade secrets, inventions, innovations, processes, information, records, software programs, and specifications owned or licensed by ShopBCS, and/or used by ShopBCS in connection with the operation of its telecommunications business, including without limitation ShopBCS' business and product processes, methods, customer lists, accounts and procedures. This confidentiality obligation shall not apply to information (i) independently developed by Customer, (ii) generally available to the public other than by Customer's breach of these Terms and Conditions, (iii) already known by Customer at time of disclosure to Customer, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to Customer. Nothing shall prevent or prohibit Customer from providing access to Confidential Information as may be required by law provided that Customer gives as much notice to ShopBCS as is reasonably practical and provides reasonable assistance to ShopBCS in challenging or modifying the disclosure so required by law.
Force Majeure
Neither party will be in default or liable for any delay or failure to comply with these Terms and Conditions due to any cause beyond the control of the affected party due to labor disputes, war, riot, civil commotion, acts of the public enemy, fire, flood or other acts of God or causes beyond the reasonable control of such party. The period for performance for the party affected by such a cause shall be extended by the duration of the condition.
Forum Selection:
Any party bringing a legal action or proceeding against any other party arising out of or relating to these Terms and Conditions and/or the purchase of Equipment or performance of Services in connection with these Terms and Conditions, shall bring the legal action or proceeding in the Superior Court of California for the County of Orange.
Governing Law
The laws of the State of California (without giving effect to its conflicts of laws principles) shall govern all matters arising out of or relating to this Telecommunications Proposal and the transactions it contemplates, including, without limitation, the validation, construction, interpretation, performance, and enforcement of this agreement.
Dispute Resolution
Customer and ShopBCS (collectively the "Parties") shall resolve all disputes, controversies, or claims arising under or relating to these Terms and Conditions and the transactions it contemplates by binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration is to be by a single arbitrator experienced in the matters at issue and selected by the Parties in accordance with the rules of the American Arbitration Association. The arbitration is to be conducted in Orange County, California. The arbitrator's decision or award is final and binding as to any matters submitted by the Parties pursuant to this provision. If necessary, any party may enforce or satisfy the arbitrator's decision or award, and enter judgment thereon, in any court having competent jurisdiction.
Notice
ShopBCSmay deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ShopBCS.
Call Recording:
In order to provide excellent service to each and every client, your call made to ShopBCS may be recorded or monitored to ensure quality and customer satisfaction.
Miscellaneous
our use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ShopBCS products) shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase ofShopBCS products) must be commenced within one (1) year after the claim or cause of action arises. ShopBCS's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ShopBCS may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ShopBCS or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
ShopBCS does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ShopBCS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ShopBCS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ShopBCS in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless ShopBCS, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, ShopBCS may link to sites operated by third parties. However, even if the third party is affiliated with ShopBCS, ShopBCS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ShopBCS. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ShopBCS seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Third Party Services
Customer may order maintenance or other technical-related services or merchandise from third parties not affiliated with ShopBCS. However, all matters concerning such services and/or merchandise, including but not limited to purchase terms, payment terms, warranties, guarantees, etc., are solely between Customer and any third parties that Customer elects to do business. Third parties not affiliated with BCS are beyond its control. BCS, therefore, offers no guarantees, assumes no responsibility or liability of any type, and does not make any warranties or representations whatsoever, express or implied, relating to the quality of services and/or merchandise provided to Customer by third parties. Furthermore, Customer will not consider ShopBCS, nor shall ShopBCS be construed as, a party to any such transactions. Customer agrees that it will not hold BCS responsible or liable with respect to third party services or merchandise, or seek to do so. Finally, ShopBCS, its agents, employees, officers, and directors will not be responsible for any act, error, or omission, nor liable for any injury, loss, delay, inconvenience, or damage arising out of any transaction (whether directly or indirectly) between Customer and any other person or entity.
