Please do read this document carefully! It has extremely important information on your rights and obligations and furthermore on the Limitations and Exclusions applying to you. The documentation contains a binding arbitrary clause. Note that the use of our site constitutes your unconditional acceptance and agreement to follow and be bound by the Terms and Conditions of AssistiveMart.com. AssistiveMart.com reserves the right to update or modify these Terms and Conditions at any time without prior notice therefore your use of the AssistiveMart.com web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. These Terms and Conditions of Sale are applicable to the direct purchase made from AssistiveMart.com The terms and condition (“Agreement”) apply to the purchase you made or/and any services as well as support (“Product”) sold in the United States of America, United Kingdom, any of the countries within the European community or outside of it. By accepting the delivery of any Product sold by AssistiveMart.com, you accept and are bound to the terms and conditions of this Agreement. If you wish to not be bound to this Agreement, you must immediately notify AssistiveMart.com and return the purchase to AssistiveMart.com Please read up on our Return Policy. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH ASSISTIVEMART.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER ASSISTIVEMART.COM TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use: session cookies (we use these cookies to operate our Service) and preference cookies (we use these cookies to remember your preferences and various settings).
Other Documents. This Agreement may not be changed or altered, supplemented or amended by the use of another document(s) unless agreed so in a written agreement signed by both AssistiveMart.com and yourself. If you do not receive an acknowledgment or invoice by email, in the mail or with your Product, information of the purchase may be obtained by contacting customer support via our email. Payment Terms; Quotes; Orders; Interest. Terms of payment are within AssistiveMart.com sole discretion, and unless agreed to by AssistiveMart.com, payment should be made by credit card, check, wire transfer, Purchase order, money order or some other prearranged payment method agreed to by AssistiveMart.com. Invoices are due within 30 days of the date of invoice. AssistiveMart.com may invoice parts of any order separately. Unless AssistiveMart.com and you have agreed to a different discount, AssistiveMart.com’s pricing policy for AssistiveMart.com branded Products, which include services and hardware in one discounted price, allocates the discount off list price on the entire system. AssistiveMart.com cannot confirm the price of an item until after the order is made. AssistiveMart.com is not responsible for typographical, pricing or other errors in any offer by AssistiveMart.com and reserves the right to cancel any given order resulting from any of the prior mentioned errors. Prices and availability of Product are subject to change without any notice. Order Acceptance. Please do note that there can be certain orders that AssistiveMart.com are unable to accept and must cancel. AssistiveMart.com reserves the right at their discretion to cancel or refuse any order for any reason. For your convenience you will be charged when ordering and the order will be shipped in the time stated on the page of the Product or mentioned in the “Shipping” section of this website. If the order is not able to ship within 48 hours, we will hold your funds as a deposit until the Product is shipped. Some situations that can result in the order being canceled include inaccuracies or errors in Product pricing information, limitations on quantities, or problems identified for credit fraud avoidance. We may also require additional verifications and information before AssistiveMart.com accepts any order. We will be contacting you if any portion of your order is canceled or if additional information is needed to complete the order. If the order is canceled after the payment is received, AssistiveMart.com will issue a credit by the same charged payment method used for the amount charged. AssistiveMart.com reserves the right in limiting the amount or quantity of Products purchased by a person, per household or per each order. The restrictions may be applicable to any orders placed by the same payment account and also to any orders that use the same shipping and/or billing address, or same email address. AssistiveMart.com will be providing notification to your email and/or billing address should such limits be applied. AssistiveMart.com also reserves full rights to prohibit sales to dealers.
License and Site Access. AssistiveMart.com grants you limited license to access and to make personal use of this site and you are not allowed to download (other than page caching) or to modify any portion of it, except with express written consent of AssistiveMart.com. This license does not include any form of resale or commercial use of this site or the contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of this site or the contents; any form of downloading or copying of the account information for benefit of some other merchant; or use of data mining; robots, image stripping, or similar gathering of data and extractions tools. No portion of this site can be reproduced, copied, duplicated, visited, sold, resold, or in any way exploited for any form of commercial purpose without the express written consent of AssistiveMart.com. You are not allowed to frame or to utilize framing techniques to enclose any trademark, logo, or proprietary information (including text, images, form or page layout) of AssistiveMart.com and our affiliates without the express written consent of AssistiveMart.com. You may not use direct linking or source-calling of any of the media presented here on this web site. Any unauthorized use will terminate the license or permission granted by AssistiveMart.com. You are granted limited and revocable and nonexclusive right to create a hyperlink to the web sites home page as long as link is not portraying AssistiveMart.com, its affiliates or the Products or its services in a false, derogatory, misleading or otherwise offensive manner. You may not use the AssistiveMart.com logo or any of its proprietary graphics or the trademark as part of a link without the express written permission of AssistiveMart.com.
Minors. AssistiveMart.com does not sell Products to any children but only to adults that can purchase with a valid credit card or some other certified method of payment. If you are under 18 years of age you can only use AssistiveMart.com with the consent of your parent or guardian. AssistiveMart.com reserves the right to refuse service, remove or edit content, terminate accounts, or cancel orders at their discretion. - See more at: https://web.archive.org/web/20160614173930/http://assistivemart.com:80/terms-conditions.html#sthash.JD1DoEtv.dpuf
Your Account. You are solely responsible for maintaining the confidentiality of your password and account and for enforcing the restriction of access to your computer and you agree to take responsibility for all of its activities that may occur under your specific account and password.
Copyright. All of the content included on this site, such as graphics, text, button icons, logos, images, audio/video media, data compilations, digital downloads, and software, is solely the property of AssistiveMart.com or its software suppliers and is protected by the international copyright laws. - See more at: https://web.archive.org/web/20160614173930/http://assistivemart.com:80/terms-conditions.html#sthash.JD1DoEtv.dpuf
Software. All software is provided subject to an enforcing license agreement and you then agree that now you are bound by such license agreement in addition to these Terms and Conditions.
Return Policies; Exchanges. AssistiveMart.com return policy can be found here and you agree to those terms when processing the transaction. Before returning a Product, you have to contact us directly to get a Return Merchandise Authorization Number that needs to be included with your return. The returned Product must be in its original or equivalent packaging. You alone are responsible for any risk of loss, shipping and handling fees for exchanging or returning the Product. Additional fees may be applicable. If for whatever reason you do not follow the return or exchange instructions and policies provided by AssistiveMart.com, AssistiveMart.comis not responsible for the Product that is damaged, lost, modified or otherwise processed for disposal or resale. At AssistiveMart.com’s discretion, credit for partial returns can be less than that of the invoice or individual component price due to bundled or special promotional pricing.
Changed or Discontinued Product. The policy of AssistiveMart.com is being revised and updated regularly. AssistiveMart.com may revise and discontinue a Product at any given time without any notice to you and this may have an effect on information saved by your online “cart”. AssistiveMart.com will ship the Product that has the functionality and performance of the Product ordered, however changes between what is described in a specification sheet and what is shipped are possible. Parts used in repairing or servicing a Product can be new, equivalent to new or reconditioned.
Support and Service. Offering of service may vary. In addition to these terms and conditions, AssistiveMart.com and/or a third-party service provider may provide support and service for Products. AssistiveMart.com has no obligation in providing support or service until AssistiveMart.com has received the full payment for the Product or support/service contract you purchased. AssistiveMart.com is not obligated to give third-party branded support or service or support for Products or services that you purchased through a third-party supplier and not AssistiveMart.com. It is solely your responsibility to make a backup of all existing data, software and programs before you receive services or support and that includes telephone support. AssistiveMart.com and/or a third-party service provider will not be liable for any loss or recovery of data, programs or loss of the use of system(s) arising from the services or support or any omission or act and that includes negligence by AssistiveMart.com or a third-party service provider. A third-party service provider and/or AssistiveMart.com is not allowed by law to copy pirated or copyrighted materials or even to copy or handle illegal data. Prior to AssistiveMart.com and/or a third-party service provider being able to provide support or service, you represent that your system(s) does not have illegal data or files. You represent that you are owner to the copyright or have a license to make copies to all files on your system and do not have any data that can cause AssistiveMart.com or a third-party service provider to be liable for copyright infringement if this data was actually copied by AssistiveMart.com and/or a third-party service provider. Any parts used in the repair or servicing Product(s) may be new, equivalent-to-new or reconditioned.
Limitation of Liability. AssistiveMart.com DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING THAT AND NOT LIMITED TO ANY FORM OF LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR CORRUPTED DATA OR SOFTWARE OR LOST, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AssistiveMart.com WILL NOT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF POSSIBLITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, AssistiveMart.com CANNOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APLLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH HERE SHALL BE APPICABLE EVEN IF SUCH REMEDIES FAIL THEIR PURPOSE.
Indemnification. By use of this site you are agreeing to indemnify and defend AssistiveMart.com harmless against and from any claims, damages, expenses and costs, including attorney fees that may arise from or related to the use of this site.
Not For Export or Resale. You agree to comply with all laws and regulations of the various states of the Unites States of America and Europe. You hereby agree and represent that you are buying only for your own internal use and not for export or resale.
Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER OR ANY CLAIM, CONTROVERSY OR DISPUTE(WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE AND INCLUDING STATUTORY, COMMON LAW, CONSUMER PROTECTION ANDEQUITABLE CLAIMS) BETWEEN CUSTOMER AND AssistiveMart.com arising from or related to this agreement, its interpretation or breach, termination or even validity thereof, the relationships which results from this agreement, AssistiveMart.com advertising or any related purchase SHALL BE GOVERNED BY THE LAWS OF EUROPE WITHOUT REGARD TO CONFLICTS OF LAW.
Binding Arbitration. ANY DISPUTE, CLAIM OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE AND INCLUDING STATUARY, COMMON LAW, CONSUMER PROTECTION, INTENTIONAL TORT AND EQUTABLE CLAIMS) BETWEENAssistiveMart.com AND CUSTOMER, its agents, employees, affiliates arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatures to this Agreement), AssistiveMart.com advertising or related purchase SHALL BE RESOLVED ONLY AND FINALLY BY BINDING ARBITRATION ADMINISTRED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure. In the unlikely event of inconsistency or any conflict between NAF Code Procedure and this Agreement, this Agreement shall control. The arbitration will be limited only to the dispute or any customer and AssistiveMart.com. NEITHER AssistiveMart.com NOR CUSTOMER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR EVEN AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The nature of this dispute provision goes only to the essence of the party’s arbitration Agreement and if found unenforceable then the entire arbitration shall not be enforced. Any award of the arbitrator(s) shall be final and binding on both/each of the parties and furthermore be entered as a judgment in any court of competent jurisdiction. AssistiveMart.com will not be responsible for paying any individual customer arbitrary fees. If any customer prevails with any claim that affords the prevailing part attorneys’’ fees or if there is a written agreement providing for fees, the Arbitrator can award reasonable fees to the prevailing party, under the standards for fee shifting provided by the law. Otherwise each of the parties will pay for its own costs and attorney fees, if any.
Colors and Finishes. AssistiveMart.com has made every effort to portray an accurate depiction of colors and finishes of all Products that are shown on the site. It may however be the case that the actual colors you see will depend on monitors and AssistiveMart.com cannot guarantee that your monitor’s display the same colors or finish as that of the actual Product.
Disclaimer. This site is provided by AssistiveMart.com on an “as available” and “as is” basis. Any information on the website in regards to Learning Disabilities has been researched and is general information and cannot be a substitute to a consultation with a professional(s) in the specific fields of Learning Disabilities. We strongly encourage you seek professional guidance and treatment if needed. AssistiveMart.com makes no warranties or representations of any kind, implied or expressed, as to the operation of the site or the information, materials, content, or Products included on this site. AssistiveMart.com to the full extent permissible by the law, disclaims all warranties, implied or expressed, including, but not limited to, implied warranties and fitness for a particular purpose. AssistiveMart.com without limiting the foregoing disclaims any and all warranties, implied or expressed, for any merchandise offered on the web site. You acknowledge by your use of AssistiveMart.com’s website, that the use of the web site is at your sole risk. This disclaimer is not applicable to any Product warranty offered by the manufacturer of the Product. This disclaimer forms an essential part of this agreement. We disclaim liability for possible errors in or omissions from information, materials and functions included in the web site materials.