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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Terms of Use

By accessing our servers, websites, or content on Active Computer Services ("Active Computer Services" hereafter) World Wide Web Site ("Site" hereafter), you signify your agreement to these Terms and Conditions last updated on June 1, 2014. If you do not agree to these Terms and Conditions, do not use this Site. Active Computer Services has the right and may modify these Terms and Conditions at anytime.

While Active Computer Services uses reasonable efforts to include accurate and up-to-date information on the Site, Active Computer Services makes no warranties or representations as to its accuracy. Active Computer Services assumes no liability or responsibility for any errors or omissions in the content on the Site. Active Computer Services makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations within or outside the U.S. or Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Your use and browsing of the Site is at your own risk. Neither Active Computer Services nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, exemplary, punitive damages, including, but not limited to, loss of anticipated profits or revenue, economic loss, loss of data, loss of use of the product, or any associated equipment, cost of capital, cost of services, down time, spent time, the claims of third parties, and injury to property, regardless of the nature of the claim arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Active Computer Services also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Active Computer Services or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Active Computer Services is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Active Computer Services has no duty or policy to update any information or statements contained on this Site and, therefore, such information or statements should not be relied upon as being current as of the date you access this Site. Moreover, any portion of the materials available on this Site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this Site and to the products described on this Site.

This agreement shall be governed by and construed in accordance with laws of the province of British Columbia, Canada without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein you agree to indemnify Active Computer Services for any claims or damages resulting from your failure to abide by these Terms and Conditions.

Third Party Links

This Site contains links to other external or 3rd party websites. Active Computer Services is not responsible for the privacy policies or content on 3rd party sites including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on those websites. It is recommended that you read the privacy policy of 3rd party websites for your information.

Active Computer Services provides the links as a convenience to you and the existence of the links on this website does not mean or imply that Active Computer Services endorses, approves of, accepts any responsibility or is affiliated with the linked organization or company, or its products or services, or its content or use of such website or that the linked organization or company approves of or is affiliated with Active Computer Services.

 

SERVICE WARRANTY POLICY

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

The following terms and conditions apply to the sale of products and services by Active Computer Services. At our discretion, these terms and conditions may be changed without prior notice at any time.

Payment Terms

Payment is due in cash, cheque, bank wire transfers or via Paypal.

Service Warranty

We provide 30-day warranty on services rendered for specific problems or related solutions as specified in the invoice from the original invoice date. This warranty will automatically be deemed null and void if the same problem or related problem occurs due to the negligence, abuse, misuse, alteration, neglect or unauthorized repair or installation by the end-user as determined solely by Active Computer Services.

Active Computer Services provides technical support for most of its products. Some products may have to use the technical support provided by the manufacturer.

Disclaimer of Warranty

Products and items delivered or shipped include the limited warranties applicable to the particular product. Certain products may have additional warranties provided by the original manufacturer but not by Active Computer Services.

Limited Warranty

Active Computer Services warrants products to be in good working condition and free from defects in material and workmanship for a period of one (1) year for all OEM packaged products or thirty (30) days for all retail-boxed packaged products from the original invoice date unless otherwise restricted by the manufacturer's own warranty policy.

All software, other media and special order items are manufacturers warranty only. No warranty for physically damaged or software items.

Active Computer Services' liability shall be limited to repairing or replacing, at its option, any defective product which is returned. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Active Computer Services, are not covered by this warranty. Any alterations, addition, improvements or attachments to the products not authorized in writing by the Active Computer Services shall be deemed to be a waiver of this warranty by client and shall render this warranty null and void.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. ACTIVE COMPUTER SERVICES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. IN NO EVENT SHALL ACTIVE COMPUTER SERVICES BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL ACTIVE COMPUTER SERVICES LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).

Limitation of Liability

Active Computer Services will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, negligence, strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.

Return Policy

All sales are final. No returns, no refunds, no exchanges. We only accept returns for refund or exchange for items damaged in transit. All merchandise for return must be in its new, original, re-sellable condition.

Items not covered include opened software from any manufacturer and opened products of certain manufacturers subject to the manufacturers' return and warranty coverage.

Interpretation

This agreement shall be governed by and construed in accordance with laws of the province of British Columbia, Canada without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein you agree to indemnify Active Computer Services for any claims or damages resulting from your failure to abide by these Terms and Conditions.

Arbitration

All dispute, controversy, or claim against Active Computer Services arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau of Mainland B.C. (BBB).

The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and Active Computer Services. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorneys' fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.

Terms and Conditions last updated March 8, 2015.