Acceptance of Terms. The acceptance of any order by FEENEY
WIRELESS, LLC is subject to customer's assent to all of the
terms and conditions set forth in these "Terms and Conditions
of Sale". Customer's assent to these terms and conditions
shall be presumed from customer's receipt of these "Terms
and Conditions of Sale" or from customer's acceptance
of all or any part of the goods or services ordered. No addition
or modification of terms and conditions shall be binding upon
FEENEY WIRELESS, LLC unless agreed to by FEENEY WIRELESS,
LLC in writing. If a purchase order or other correspondence
contains terms or conditions contrary to these "Terms
and Conditions of Sale", the acceptance by FEENEY WIRELESS,
LLC of any order shall not be construed as assent to any additional
terms and conditions, nor will that constitute a waiver by
FEENEY WIRELESS, LLC of any of the terms and conditions contained
in these "Terms and Conditions of Sale". Any additional
inconsistent or different "Terms and Conditions of Sale"
or Conditions of Purchase of Buyer contained in Buyer's purchase
order or other document submitted to FEENEY WIRELESS, LLC
at any time, whether before or after the date hereof, are
hereby expressly rejected by FEENEY WIRELESS, LLC.
Accuracy, Completeness and Timeliness of Information on
the Site. We are not responsible if information we make
available on this site is not true, accurate, current or
complete. The materials on this site are provided for general
information only and should not be relied upon or used as
the sole basis for making significant decisions without
consulting primary or more accurate, more complete or more
timely sources of information. Any reliance on the materials
on this site will be at your own risk. This site may contain
certain historical information. Historical information necessarily
is not current and is provided for your reference only.
We reserve the right to modify the contents of this site
at any time. You agree that it is your responsibility to
monitor changes to the site.
Contacting FEENEY WIRELESS, LLC. FEENEY WIRELESS, LLC may
be contacted using any of the following methods: By mail:
P.O. Box 2549, Eugene, OR 97402. By email: sales@feeneywireless.com
By phone: 541-685-9045 or 800-683-4818 By web: www.feeeneywireless.com.
Normal business hours of operation are from Monday through
Friday 8am to 5pm (PST). In special instances Feeney Wireless,
LLC may be closed due to a holiday or other reasons. During
those instances, FEENEY WIRELESS LLC may not be readily available
to respond to any inquiry. Inquiries during these times will
be responded to on or after the next normal operating business
day.
Materials You Submit. You acknowledge that you are responsible
for any submission you make, including the legality, reliability,
appropriateness, originality and non-infringement of any such
materials. You may not upload to, distribute or otherwise
publish through this site any content that is (i) libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, infringing on intellectual property rights, abusive,
illegal or otherwise objectionable or inappropriate, (ii)
may constitute or encourage a criminal offense, violate the
rights of any party or otherwise give rise to liability or
violate any law, or (iii) may contain software viruses, political
campaigning, chain letters, mass mailings, or any form of
"spam." You may not use a false email address, impersonate
any person or entity, or otherwise mislead as to the origin
of any content. You may not upload commercial content onto
the site.
If you do post content or submit material, and unless we indicate
otherwise, you grant FEENEY WIRELESS, LLC and its affiliates
a nonexclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute and display
such content throughout the world in any media. You grant
FEENEY WIRELESS, LLC and its affiliates the right to use the
name you submit in connection with such content, if they so
choose. You represent and warrant that you own or otherwise
control all of the rights to the content you post; that the
content is accurate; that use of the content you supply does
not violate these Terms and Conditions and will not cause
injury to any person or entity; and that you will indemnify
FEENEY WIRELESS, LLC and its affiliates for all claims resulting
from content you supply. FEENEY WIRELESS, LLC has the right
but not the obligation to monitor and edit or remove any activity
or content. FEENEY WIRELESS, LLC takes no responsibility and
assumes no liability for any content posted by you or any
third party.
Disclaimers. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE AT ANY
TIME (i) YOUR ACCESS TO THE SITE OR ANY FEATURE OR ANY PART
THEREOF AND (ii) YOUR USE FOR ANY PURPOSE WHATSOEVER OF ANY
IMAGES FROM OUR IMAGE GALLERIES. FEENEY WIRELESS, LLC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT
MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL
BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE
WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY
MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FEENEY WIRELESS,
LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
OF ANY KIND. FEENEY WIRELESS, LLC DOES NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS
SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF
WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER FEENEY
WIRELESS, LLC NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL,
PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM
YOUR USE OR INABILITY TO USE THIS SITE OR ANY MATERIALS FROM
THE SITE (INCLUDING IMAGES FROM OUR IMAGE GALLERIES) OR ANY
OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM
ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY INFORMATION,
MATERIALS OR ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE
DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS,
COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND
OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES
REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS
OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS
(INCLUDING IMAGES FROM OUR IMAGE GALLERIES) AVAILABLE FROM
THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN
NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless
FEENEY WIRELESS, LLC and its affiliates, and their officers,
directors, employees, contractors, agents, licensors and suppliers,
from and against all losses, liabilities, expenses, damages
and costs, including reasonable attorneys' fees and court
costs, arising or resulting from any violation of these Terms
and Conditions or any activity related to your account (including
but not limited to negligent or wrongful conduct), by you
or any other person accessing the site using your user name
or password. If you cause a technical disruption of the site
(or any part thereof) or the systems transmitting the site
to you or others, you agree to be responsible for any and
all losses, liabilities, expenses, damages and costs, including
reasonable attorneys' fees and court costs, arising or resulting
from that disruption.
Featured Links. This website may contain hyperlinks to other
internet sites. These hyperlinks are provided for your information
and convenience only. FEENEY WIRELESS, LLC does not control
these other websites and is not responsible for their content;
nor does the inclusion by FEENEY WIRELESS, LLC of hyperlinks
to such websites imply any endorsement or approval of the
material on such websites or any association with their operators.
Check the URL address provided in your browser to determine
whether you are still in this FEENEY WIRELESS, LLC website
or have moved to another site.
Intellectual Property Rights. This site features copyrights,
trademarks, service marks and other proprietary materials
that are the property of FEENEY WIRELESS, LLC and/or its affiliates,
suppliers or licensors. The site also may include copyrights,
trademarks, service marks and other proprietary materials
that are the property of other third parties. All of these
copyrights, trademarks, service marks and other proprietary
materials are the property of their respective owners, and
you agree not to use them in any manner without the prior
written permission of the applicable owner, except as specifically
provided in these Terms and Conditions. This site and all
of its contents including, but not limited to, text, design,
graphics, interfaces and code, and the selection and arrangement
thereof, is protected as a compilation under the copyright
laws of the United States and other countries.
With the exception of the Image Galleries, the use of these
Terms and Conditions, you may not copy, reproduce, distribute,
publish, display, perform, modify, create derivative works
from, transmit, or in any way exploit any copyrights, trademarks,
service marks and other proprietary materials that are the
property of FEENEY WIRELESS, LLC and/or its affiliates, suppliers
or licensors, except that you may copy, download and print
materials from this site, provided you do not modify or delete
any copyright, trademark, service mark or other proprietary
notice that appears on the materials you copy, download or
print.
Intellectual Property Rights of Others. We respect the intellectual
property rights of others and request that our visitors do
the same. Pursuant to Section 512(c) of the Digital Millennium
Copyright Act (DMCA), Title 17, United States Code, a copyright
owner or its authorized agent may submit a notification for
believed copyright infringement based on material that is
residing on the FEENEY WIRELESS, LLC network.
Termination of Privileges. FEENEY WIRELESS, LLC reserves the
right to terminate your privilege of using all or any portion
of this website, or any materials from the website, at any
time and without prior notice to you if, in its sole judgment,
you breach any of these Terms and Conditions, including all
of your privileges and any accounts you may have established
in connection with the website.
Changes to These Terms and Conditions. FEENEY WIRELESS, LLC
reserves the right to make changes to these Terms and Conditions
at any time by posting the revised Terms and Conditions on
the site. It is your responsibility to check periodically
for any changes we may make to these Terms and Conditions.
By continuing to use the website, you are agreeing to all
changes made by FEENEY WIRELESS, LLC.
Jurisdiction. This website is controlled and operated by FEENEY
WIRELESS, LLC. The laws of the State of Oregon and the United
States of America govern these Terms and Conditions and your
use of the site, and you irrevocably consent to the exclusive
jurisdiction of the courts located in Oregon for any action
to enforce these Terms and Conditions. We recognize that it
is possible for you to obtain access to this site from any
jurisdiction in the world, but we have no practical ability
to prevent such access. This site has been designed to comply
with the laws of the State of Oregon and the United States.
Those who choose to access the website from other locations
do so on their own initiative and are responsible for compliance
with local laws if and to the extent local laws are applicable.
If any material on this site or your use of the site is contrary
to the laws of the place where you are when you access it,
then the site is not intended for you and we ask you not to
use the site. You may not use or export materials on this
site in violation of United States export laws and regulations.
This website is not intended to subject FEENEY WIRELESS, LLC
to the laws or jurisdiction of any state, country or territory
other than the State of Oregon and the United States of America.
Miscellaneous. If any provision of this agreement is unlawful,
void or unenforceable, the remaining provisions of the agreement
will remain in place. These Terms and Conditions constitute
the entire agreement and understanding between you and FEENEY
WIRELESS, LLC with respect to use of the website, superseding
all prior or contemporaneous communications. A printed version
of these Terms and Conditions shall be admissible in judicial
or administrative proceedings based on or relating to use
of the website to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
Payment Terms. For customers with established credit, terms
are net thirty (30) days from date of shipment. At the option
of FEENEY WIRELESS, LLC, export orders may be subject to special
export payment terms and conditions. If credit is not established,
please include payment with order or purchase through Visa
or MasterCard. Cash or anticipation discounts are not accepted.
All payments must be in U.S. dollars. FEENEY WIRELESS, LLC
shall have the right of set-off, offset and deduction for
any sums owed. If customer fails to make payment within thirty
(30) days after shipment, FEENEY WIRELESS, LLC may defer shipments
until such payment is made, or may at its option cancel all
or any part of unshipped order and/or other unshipped orders.
Any sums owed to FEENEY WIRELESS, LLC and not paid when due
shall be subject to finance charges of 1.5% per month (18%
APR) from the date payment becomes due until payment is received.
In addition, FEENEY WIRELESS, LLC shall be entitled to reimbursement
for all costs of collection, including, but not limited to
attorney fees whether or not legal action is instituted, and
shall include all costs of trial and any appeal there from.
Sales Tax. FEENEY WIRELESS, LLC is required to charge
applicable state and local tax on every item for which sales
tax exemption certification has not been provided. When
ordering please indicate clearly which items are tax exempt
and provide your tax exempt number. Internet sales are subject
to sales tax requirements in the same manner as other retailers.
The amount of sales tax charged depends on several factors,
including the type of purchaser, the items purchased, and
the state and/or local sales tax rate charged at the destination
where the items are shipped. Sales tax will be charged by
FEENEY WIRELESS, LLC where applicable, including but not
limited to sales of certain items shipped to the following
states: California, Arizona.
Credit Balance. Customer agrees that any credit balance issued
will be applied to purchases from FEENEY WIRELESS, LLC within
one (1) year of its issuance. If not applied within one (1)
year, any balance remaining will be subject to cancellation
and FEENEY WIRELESS, LLC shall have no further liability.
No cash payments shall be made for unapplied credits.
Shipping Charges. All products shall be shipped F.O.B. Eugene,
Oregon. Freight is prepaid and added to merchandise shipped
(before tax and freight), unless otherwise stated, to customer's
place of business anywhere in the contiguous United States,
using routing of choice. Other terms apply to Alaska, Hawaii,
Puerto Rico and export orders. Customer must pay any extra
charges incurred for additional services, such as customer's
carrier or special handling at the destination. If any item
is backordered, on an order qualifying for freight prepayment,
that item will be shipped prepaid. Title and risk of loss
pass to customer on delivery to the carrier. If product was
damaged in transit, customer must file claim with carrier.
Limited Warranty. All products manufactured by FEENEY WIRELESS,
LLC are warranted only to customers for resale or for use
in business or original equipment manufacture, against defects
in workmanship or materials under normal use. Products, components
and services provided by FEENEY WIRELESS, LLC have different
warranty specifications, including the period during which
the product is warranted after date of purchase. Contact FEENEY
WIRELESS, LLC for details on the specific warranty period
and limitations for the item(s) purchased. Any product which
is returned to FEENEY WIRELESS, LLC requires a "returned
goods authorization" with shipping costs prepaid. Returned
products under warranty, determined by FEENEY WIRELESS, LLC
to be defective in materials or workmanship, will be, as the
exclusive remedy, repaired or replaced at the option of FEENEY
WIRELESS, LLC.
Warranty Disclaimer. The limited warranty is the sole warranty
of FEENEY WIRELESS, LLC. Descriptions in product literature
or elsewhere are not warranties. No warranty or affirmation
of fact, express or implied, other than as set forth in these
Terms and Conditions is made or authorized by FEENEY WIRELESS,
LLC. FEENEY WIRELESS, LLC disclaims any liability for product
defect claims that arise from product misuse, improper product
selection or misapplication. FEENEY WIRELESS, LLC makes no
warranty of merchantability or fitness for a particular purpose.
Force Majeure. FEENEY WIRELESS, LLC shall not be liable for
any delay in or impairment of performance resulting in whole
or in part from Acts of God, labor disruptions, shortages,
inability to produce product, supplies or raw materials, severe
weather conditions, or any other circumstances or cause beyond
the control of FEENEY WIRELESS, LLC in the conduct of its
business.
Cancellation. Any cancellation or returns must be first approved
in writing by FEENEY WIRELESS, LLC, and may be subject to
restocking fees and other charges determined exclusively by
FEENEY WIRELESS, LLC.
