CENTSLINK Terms of use

Terms of use

Last updated on March 20th, 2022.

Terms of use

Last updated October 14, 2022

The following are terms of a legal agreement between you and Centslink (“we,” “us,” or “our”). By accessing, browsing and/or using this web site, www.Centslink.com, its related web pages, interactive features and applications, and their respective contents, or any other website, forum, blog, or community feature linking to these terms, whether accessed via computer, mobile device or other technology (collectively, the “Web Site”), you acknowledge that you have read, understood, and agree, to be bound by these “Site Terms of Use” and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to all of these terms, we are unwilling to grant you access to the Web Site, and you must immediately cease use of the Web Site.

PLEASE READ CAREFULLY THESE TERMS (AND THEIR INCLUDED LINKED INFORMATION, SUCH AS OUR PRIVACY STATEMENT WHICH IS HEREBY INCORPORATED BY REFERENCE). BY ACCESSING, BROWSING OR USING THE WEB SITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, TO THE USE OF THE WEB SITE, AND/OR THE INTERNET. IF YOU ARE USING THE WEB SITE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT ENTITY TO THESE SITE TERMS OF USE.

In addition, certain portions of the Web Site may be subject to additional terms of use that we make available for your review or otherwise link to that portion of the Web Site to which such additional terms apply. By using such portions, or any part thereof, you agree to be bound by the additional terms of use applicable to such portions. In the event that any of the additional terms of use governing such portion conflict with these terms, the additional terms will control. Sales of Centslink products and services are also subject to a separate sales agreement.

Age Restrictions

The Web Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age or the age of majority in their state or territory of residence (if higher than 18), and who are not barred from using the Web Site under applicable laws.

Ownership

You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Web Site (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Site Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Web Site according to these Site Terms of Use. Furthermore, nothing in these Site Terms of Use will be deemed to grant you, by implication, estoppel or otherwise, a license to Our Technology.

Certain of the names, logos, and other materials displayed via the Web site constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Web Site will be governed by such third parties’ licenses and not by these Site Terms of Use.

This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web Site may contain technical inaccuracies or typographical errors.

Centslink assumes no responsibility regarding the accuracy of the information that is provided by Centslink and use of such information is at the recipient’s own risk. Centslink provides no assurances that any reported problems may be resolved with the use of any information that Centslink provides. By furnishing information, Centslink does not grant any licenses to any copyrights, patents or any other intellectual property rights.

Right to Modify the Web Site

We reserve the right to modify or discontinue the Web Site, in whole or in part, with or without notice to you. Information may be changed or updated without notice. Centslink may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Web Site. If you object to any such changes, your sole recourse will be to cease access to the Web Site. Continued access to the Web Site following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Web Site as so modified.

User Submissions

Centslink does not accept and will not consider unsolicited submissions of ideas, creative materials, processes, comments, feedback or technology (each an “Unsolicited Submission”). Please note that any Unsolicited Submissions sent to Centslink will be deemed NOT to be confidential. By sending Centslink any Unsolicited Submissions, you grant Centslink an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, fully sublicenseable, fully transferable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute those Unsolicited Submissions for any purpose whatsoever, including any ideas, concepts, know-how or techniques which may be included or disclosed therein. You hereby acknowledge that you grant Centslink such rights in consideration of the right to access and utilize this Web Site and that Centslink has no obligation to further compensate you or acknowledge your submission. For further information, please consult Centslink’s External Submission Policy, which is incorporated by reference into and made part of these Site Terms of Use.

Centslink will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Web Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

You represent and warrant that you will not post or share any content through the Web Site that in any manner:

 

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  • Violates the privacy, publicity, or other rights of third parties; or
  • Is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by use in our sole discretion; or is false or inaccurate.

 

We may, but are not obligated to, delete or suspend user accounts and/or remove content if we determine or suspect that those accounts or content violate the terms of these Site Terms of Use. When you post or share any content to the Web Site regarding a third party, you represent and warrant to us that you have the third party’s consent to do so.

Feedback

There may be instances where we solicit your suggestions, ideas, innovations, feedback or opinion regarding various areas of our business, the Web Site, or our products or services (“Feedback”). If you choose to send us your Feedback (as we hope you do), please understand that in order for Centslink to accept your input, you must agree that Centslink has your permission on an unrestricted basis to use, disclose, and exploit any such Feedback you provide and that Centslink has no obligation to compensate or acknowledge you in any way or to keep your Feedback confidential. By sending any Feedback to Centslink you are indicating your agreement to these terms. If you do not agree with these terms, please do not submit any Feedback.

Privacy

Your personal information will be treated in accordance with our Privacy Statement. IF YOU ACCESS THE WEB SITE, YOU AGREE THAT YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO HAVE YOUR INFORMATION USED IN ANY OF THE WAYS DESCRIBED IN THE PRIVACY POLICY, YOU MUST DISCONTINUE ACCESS TO THE WEB SITE IMMEDIATELY.

Accounts

If you choose to create an account (“Account”), you represent and warrant to us that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current, or incomplete, we may deny or terminate your access to the Web Site (or any portion thereof). When you set up an Account, you are required to select a Centslink ID (which may be an email address) and a password. You may not transfer or share your user name and password with any third parties. You are solely responsible for maintaining the confidentiality of your Account log-in information, including but not limited to taking steps to prevent unauthorized access by safeguarding your log-in information. You are solely responsible for any and all use of your Account and all activities that occur through your Account.

General Rules of Conduct

You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Site, or access to the Web Site for any purposes other than for your internal business purposes, or do any of the following:

 

  • Conduct or promote any illegal activities while using the Web Site;
  • Attempt to reverse engineer or jeopardize the correct functioning of the Web Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Web Site;
  • Create derivative works of the Web Site;
  • Attempt to gain access to secured portions of the Web Site to which you do not possess access rights, or circumvent the user authentication or security of the Web Site or any host, network, or account related thereto;
  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • Use the Web Site to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
  • Use the Web Site to stalk, harass or harm another individual;
  • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Web Site (including without limitation robots, spiders or scripts);
  • Interfere in any way with the proper functioning of the Web Site or interfere with or disrupt any servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • Frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages;
  • Interfere with or disrupt the integrity or performance of the Web Site or the data contained therein; or
  • Remove any proprietary notices or labels within the Web Site.

 

Community Guidelines

These community guidelines apply to all users of Centslink’s online forums, blogs and other community features. As a participant in these features you agree that you will uphold and comply with these community guidelines, and are responsible for all activities and content you post/upload.

These communities have been created to provide a high quality atmosphere in which users of Centslink products and services may share experiences and expertise. While employees and representatives from Centslink may participate at intervals to engage in the discussions and offer advice and suggestions, our communities are not designed as a support channel. Our communities are an informal and public forum, and Centslink does not guarantee the accuracy of information and advice posted in any community.

While participating in a community, you should not post any confidential or proprietary information. If you post any information, you represent that you are authorized to post such information and acknowledge that Centslink is under no obligation to maintain such information as confidential. In addition, Centslink shall be free to use such information for any purpose whatsoever, including any ideas, concepts, know-how or techniques which may be disclosed therein, without any obligation to compensate you or acknowledge your submission.

Centslink reserves the right, in its sole discretion and option, to remove inappropriate language and postings, such as those examples listed below, from our communities. In such instances, the user will be warned and may be banned from future participation, particularly in the event of repeat occurrences.

You agree to observe the following guidelines:

  • -No posts, IDs or email addresses shall contain profanity (implied or otherwise), or hate language targeting race/ethnicity, religion, gender, nationality, or political beliefs. The post should avoid these topics.
  • -Nudity or pornography in any form, including, in the form of written words, expressions, posted images, or links to external material will not be tolerated.
  • -No personal threats or attacks will be tolerated against users, Centslink employees, company affiliates, or any other individuals.
  • -It is fair to state disagreement with facts or conclusions that another user has posted, but dissent must be expressed in an objective and reasoned manner. Treat others with the respect you wish to receive. Remember that the community is here to share collective experiences and wisdom, with the goal of all users enjoying greater success with their Centslink products and services. Consider whether your comments serve to advance the discussion in a positive direction.
  • -No trolling or deliberate disruption of discussion. Inflammatory post or thread titles are unacceptable and may be moderated. Inflammatory or unnecessarily argumentative postings will be considered trolling. Extended debate with moderators or admins over their decisions with regard to the moderation of posts is considered trolling.
  • -Do not subvert threads.
  • -No vendetta posts or online campaigning.
  • -It is acceptable to state concern for how a particular Centslink policy, performance, or procedure does or does not meet the expectation of a particular member, but it is not acceptable to use our communities in an attempt to broadly organize or incite members to cancel orders, return systems, undertake legal action or otherwise disrupt the normal business processes of Centslink.
  • -No posting of private or confidential information.
  • -No commercial solicitation, advertising, or promotional activities for your company or business, other than advertisements placed by Centslink and any Centslink-authorized third parties. These communities are for discussion purposes; not for the promotion of your company or to solicit business. Posts or signatures with intent to promote or advertise are prohibited.
  • -Our communities are not intended to serve as an online shopping or trading forum.
  • -No solicitation for, nor the exchange of information, that will aid or enable unethical, illegal, immoral or unsafe activities. For example, no posts concerning exchange of passwords, credit or banking information, or warranty entitlement information for purpose of re-entitling out of warranty products. No posts shall include instructions or directions intended to subvert security measures, including passwords, locking mechanisms, fingerprint scans, etc., or to subvert safety measures. Nor shall any posts provide descriptions to the location of, nor direct links to, content related to these topics.
  • -Do not register under multiple IDs, or utilize multiple email addresses within the Centslink communities. Posting under multiple IDs is considered a deceptive practice intended to create false impressions and is prohibited.
  • -Do not embed large photos (above 100K) or cut and paste large areas; instead, host photos externally and link to them as needed within your posts.
  • -Do not subvert or corrupt the software of any community or Web Site, or attempt to do so.
  • -Any use of personal blogs/ websites/ pages/ affiliated websites/ resources are not permitted, except in Centslink’s sole discretion. Links may be removed at Centslink’s sole discretion and option.

Global Availability

Information Centslink publishes on the World Wide Web may contain references or cross references to Centslink products, programs and services that are not announced or available in your country. Such references do not imply that Centslink intends to announce such products, programs or services in your country. Consult your local Centslink business contact for information regarding the products, programs and services which may be available to you.

Centslink’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Centslink off this web site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Business Relationships and Links to Third-Party Websites and Content

Content from other users and third parties may be made available to you through the Web Site (“Third Party Content”). Because we do not control Third Party Content, you agree that we are not responsible for any such content. We make no guarantees about the accuracy, currency, suitability, or quality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Third Party Content made available by other users or third parties, or violation of any third party rights related to such content.

Links on the Centslink Web Site to third-party websites are provided solely as a convenience to you, and if you use these links, you will leave Centslink’s Web Site. Centslink makes no representations whatsoever about any other website which you may access through this one. When you access a non-Centslink website, even one that may contain the Centslink logo, please understand that it is independent of Centslink, and that Centslink has no control over the content on that website. In addition, a link to a non-Centslink web site does not mean that Centslink endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Limitation of Liability and Disclaimer of Warranties

IN NO EVENT WILL CENTSLINK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED BY CENTSLINK ON AN “AS IS” BASIS ONLY. CENTSLINK PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CENTSLINK MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. CENTSLINK MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEB SITE FROM US, OUR PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES OR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE.

WE MAKE NO, AND DISCLAIM ANY AND ALL, PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT UPLOADED BY YOU, OR AT YOUR REQUEST, TO THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND/OR DATA ACCURACY.

Indemnification

You agree to indemnify, defend and hold Centslink, its affiliates and subsidiaries, and its and their respective officers, directors, agents and employees, harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees), to the extent attributable to your use of the Web Site, including any Content on the Web Site, or your violation of these Site Terms of Use. This provision shall survive the termination of this Agreement and remain in full force and effect.

Duration of Access

You agree that we, in our sole discretion, may immediately terminate your access to the Web Site at any time, for any reason. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEB SITE OR DELETION OF YOUR ACCOUNT.

Electronic Communications

The communications between you and us use electronic means, whether through the Web Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Mobile Services

If permitted or available through any feature of the Web Site, and you access the Web Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.

General Terms

You are responsible for compliance with all applicable laws. These Site Terms of Use and the relationship between you and us will be governed by the laws of the State of North Carolina, U.S.A., without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. These Site Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Site Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Site Terms of Use, shown in boldface type, are included only to help make the agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Site Terms of Use will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Site Terms of Use constitute the complete and exclusive agreement between you and us with respect to their subject matter, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Site Terms of Use, or portion thereof, to be unenforceable, that provision of the Site Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Site Terms of Use will continue in full force and effect.

Changes to Our Terms of Use

Centslink may at any time revise these Site Terms of Use by updating this posting. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. It is your sole responsibility to check the Web Site from time to time to view any such changes to the terms in the Site Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Site Terms of Use, you must immediately stop using the Web Site.

© Centslink 2022

Activation

This is a current listing of trademarks that are owned by Centslink.

CENTSLINK

NRADIO

 

Guidelines for Use of and Reference to Centslink Trademarks

Centslink "trademarks" include the Centslink company logo and other designs owned and used by Centslink (collectively referred to herein as "logos"), as well as Centslink product and service names (collectively referred to herein as "product names"). Centslink takes great care in the development and protection of its trademarks and reserves all rights of ownership of its trademarks.

Use of Centslink Logos

Centslink carefully limits the use of its logos. No other company may use Centslink logos unless it has the express written permission of Centslink, or is licensed by Centslink to do so. To obtain permission to use any Centslink logo, contact your Centslink representative.

Fair Use of Centslink Product Names

"Fair use" of trademarks allows third parties to make reference to Centslink product names (in text form ONLY). The following guidelines are published to ensure proper use of and reference to Centslink product names. While fair use allows use of or reference to Centslink product names, it is necessary that the usage be truthful, not disparaging to Centslink, and not misleading to the public. Any time you use any Centslink product name in any way, you must be clear and accurate as to the nature of the relationship between Centslink and your company, its products or services.

Following are two common types of fair use:

Use of Centslink product names by third parties is allowed by Centslink without permission or license when specifically referring to Centslink products. Example: “The Centslink® notebook computer is an excellent machine.”

Use of Centslink product names by third parties is allowed by Centslink without permission or license when indicating that a Centslink product is compatible with another product. Examples: “XYZ is compatible with Centslink® ABCD software products.” Or, “XYZ for Centslink® ABCD.”

Please note that the emphasis should be on your product name and any accompanying packaging produced by your company. Labeling should place emphasis on your product name so that it is perceived as an application or option compatible with or running on a Centslink product.

Do not connect your company name with any Centslink product name. Do not incorporate any Centslink product names or trademarks into your company’s product names or into the root domain of any Web site owned by your company. Also, do not use any Centslink taglines.

General Rules for Proper Reference to Centslink Trademarks

Following are general rules for proper usage of Centslink trademarks:
The first use of each Centslink trademark mentioned in communications must be identified in a footnote or attribution. The attribution must be located either on the page/screen where the trademark is used or in the legal section of the communication or site in which it is referenced. Please note that laws concerning the use of trademarks vary by country. Always consult a local attorney for additional guidance. Example proper attribution: “Centslink® and CentsPad® are trademarks of Centslink in the United States, other countries, or both.”

In the United States, the first reference in the text to all Centslink trademarks should be followed by the proper trademark symbol. The proper symbol for registered product names is ®. Example: “The Centslink® notebook computer can handle your mobile computing challenges.” The proper symbol for names which are the subject of pending trademark registration applications or which are used in accordance with common law trademark principles is TM.

Example: “VeriFaceTM software provides peace of mind to computer users.” Rules for marking trademarks may vary by country. You may need to seek guidance from a trademark professional.

A trademark should always be used as an adjective qualifying a noun that is a generic description of the product or service. The trademark should also be used in a singular form. Example: “Three Centslink® notebook computers will be available.”

Do not change the form or representation of the trademark, including capitalization or punctuation.

Do not create any new logo for any trademark.

Use of Centslink as a Company Name

"Centslink", in text, is both a trademark (product identifier) of Centslink and its company name. When "Centslink" is used to identify the company, it is called a trading name. Trade name usage typically applies when referring to a company as opposed to a particular product. It is permissible to use Centslink as a possessive if you are referring to Centslink as the company. In that case, the name does not identify goods or services (which are legally the domain of trademarks).

Special Attributions

Some of our business partners require special marking and attribution of their trademarks- including Microsoft, Intel, AMD, Qualcomm, and others. The Web site of each company should be referenced for their current trademark use guidelines. The trademark use information is typically located in the Legal section of a website.

Other company, product, or service names referred to herein or in other Centslink publications may be trademarks or service marks of others.

 

PLEASE READ THE CENTSLINK SALES AGREEMENT BELOW CAREFULLY. THIS “AGREEMENT” IS WHAT CENTSLINK CALLS OUR “SALES TERMS & CONDITIONS” ON CENTSLINK.COM. BY PLACING AN ORDER ON CENTSLINK.COM OR ACCEPTING PRODUCTS SUBJECT TO THIS AGREEMENT, YOU (“YOU” OR “CUSTOMER”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT; UNDERSTAND IT; AND THAT YOU AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THIS AGREEMENT.

 

Centslink Sales Agreement

 

Unless there is a different written sales agreement in place between Centslink and Customer, this Agreement, including associated warranty statements, license agreements, and any applicable attachments, is the sole and complete agreement between Customer and Centslink regarding the Products or Services purchased by Customer. Any additional or different terms in any order or communication from Customer shall not be binding on Centslink unless signed by an authorized representative of Centslink.

Products and Services purchased on Centslink’s website, Centslink.com, are for Customer’s own use and not for resale. Centslink reserves the right to refuse or cancel orders if Centslink suspects Customer is purchasing Products and Services for the purpose of reselling them.

Customer accepts the terms of this Agreement when ordering online on Centslink.com or, when ordering by any other means, by opening the package containing the product or accepting a Service from Centslink. Placing on order on Centslink.com or inputting information on Centslink.com does not mean Centslink has accepted an order through its website. Centslink only accepts Customer’s order by shipping the hardware Product or making the software Product available to Customer; or providing the Service. Confirmation of receipt of Customer’s order placed on Centslink.com shall not mean Centslink has accepted Customer’s order.

 

  1. Definitions



1.1 Product shall mean any Centslink branded or third party hardware or software that Centslink provides to Customer under this Agreement. Hardware products include computers and accessories. Software products include computer software programs (whether pre-loaded or provided separately) and related licensed materials such as documentation.



1.2 Service is the performance of a task; provision of advice or assistance; or access to a resource such as access to an information data base that Centslink makes available to Customer.



  1. Prices, Payment, and Errors



2.1 Except for credit or debit card transactions, or if not paid in advance of shipment, payment is due upon receipt of invoice. Any amounts not received by Centslink within thirty (30) days of receipt of invoice shall be overdue. Customer shall pay a late payment fee of the lesser of one and one half (1.5%) percent per month or the maximum rate permitted by law on the undisputed overdue balance of the invoice amount. Customer shall pay any applicable sales, use or similar taxes, fees or duties unless Customer provides exemption documentation to Centslink. Customer is responsible for taxes, if any, on Products from the date Centslink ships them to Customer or on Services, on the date the Services are provided by Centslink. No other discounts, quantity entitlements, or promotions apply unless agreed in writing by Centslink. Delivery charges, if applicable, will be as specified in an invoice.



2.2 If Centslink makes an error in pricing information and/or a typographic error on Centslink.com or otherwise in any advertisements or in any communications with Customer, Centslink may nevertheless refuse or cancel an order placed for a Product or Service quoted at such price or described in error, even if Centslink has confirmed the receipt of Customer’s order or charged Customer’s credit or debit card. If Centslink has charged Customer’s credit or debit card, Centslink will issue a credit to Customer’s credit or debit card account in the amount of the charge.



  1. Electronically Delivered Software Products.

In the case of electronically delivered software Products, Customer will receive an email with an activation key and download link. Customer shall be responsible for downloading the software Product and bear risk of loss relating thereto, including the failure of a computer, hard drive, or internet connection. Internet or other connection charges in connection with the download, access, and use of the software Product shall be Customer’s sole responsibility.



  1. Returns

Customer may return an eligible Product in its original package to Centslink for a full refund, less any applicable return shipping and handling fees and any applicable restocking fees as stated below. Customer may only return the entire Product or all such Products for a refund. For purchases from Centslink.com, all requests for returns must be submitted within 30 calendar days from the date of invoice. For purchases from Centslink Outlet, all requests for returns must be submitted within 14 calendar days from the date of invoice. For purchases from Centslink PRO, all requests for returns must be submitted within 45 calendar days from the date of invoice. For purchases of Motorola Products, all requests for returns must be submitted within 14 calendar days from the date of invoice. Unless Centslink ships the wrong Product(s) or makes an error in the configuration of the Product(s) ordered, returns of purchases of: 1) server and storage products; 2) orders for personal computing products in quantities greater than five (5) units; and 3) Product(s) submitted outside the allotted calendar days from the date of invoice, are subject to a restocking fee of 15% of the price paid and return shipping and handling fees. Digital gaming products; partial refunds or credits for Products, including installation of software Product options; or quantities of Products that are not separately priced, are not available for return. To request a return, Customer must contact Centslink to obtain an RMA (Return Merchandise Authorization) number. Any authorized return must include the Product and all accessories in their original packaging. It must be received at the Centslink National Return Center within 10 calendar days of issuance of the RMA. Returns on any other basis may be refused by Centslink. Customer assumes risk of loss and damage for Products returned without an RMA. Upon receipt of your returned Product, Centslink will issue a credit or refund of the purchase price paid, less any applicable return shipping and handling fees and any applicable restocking fees.

 

Software Products acquired separately from a hardware Product may not be returned unless media-based software is unopened and still in its sealed package or, if delivered electronically, software that you have not accepted the terms of the software license.  Customer may return the software Product in such an event within 30 calendar days of the date of invoice and receive a refund or credit in the amount of the price paid.

 

  1. Warranties



5.1 Centslink hardware Products are warranted in accordance with the Centslink Limited Warranty accompanying each Centslink hardware Product or as found at the product manual. The Centslink Limited Warranty applies only to Centslink hardware Products purchased for Customer’s own use and does not transfer upon resale.


5.2 TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CENTSLINK MAKES NO OTHER WARRANTIES FOR CENTSLINK HARDWARE PRODUCTS, AND CENTSLINK MAKES NO WARRANTIES FOR SOFTWARE, SERVICE, SUPPORT OR THIRD PARTY PRODUCTS. SUCH SOFTWARE, SERVICE, SUPPORT AND PRODUCTS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. THIRD PARTY PROVIDERS OF SOFTWARE, SERVICES, PRODUCTS AND SUPPORT MAY PROVIDE WARRANTIES TO CUSTOMER.



  1. Title and Risk of Loss



6.1 Centslink transfers title to hardware Products to Customer upon delivery to Centslink’s designated carrier shipping the Products to Customer. Centslink does not transfer title to Programs.

6.2 Centslink shall bear the risk of loss or damage to hardware Products until they are delivered to Centslink’s designated carrier for shipment to Customer. Thereafter, Customer assumes risk of loss or damage. Hardware Products will be covered by insurance, arranged and provided by Centslink for Customer, covering the period until they are delivered to Customer.



  1. General



7.1 Customer Information. Centslink and its affiliates may store, use and process contact information and other information about Customer, including name, phone numbers, addresses, and e-mail addresses, necessary to perform under this Agreement, including but not limited to warranty service. Such information will be processed and used in connection with this Agreement and the Products or Services. It may be transferred by Centslink to any country where Centslink does business; and may be provided to entities acting on Centslink’s behalf in relation to this Agreement and the Products or Services. Centslink may also disclose such information where required by law.



7.2 LIMITATION OF LIABILITY. IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CENTSLINK SHALL NOT BE LIABLE TO CUSTOMER FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 4) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CENTSLINK SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY CUSTOMER, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT OR SERVICE.



7.3 Force Majeure. Centslink shall not be liable to Customer for any failure or delay in the performance of its obligations hereunder, to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature; acts of war; terrorism, riots, civil disorders, rebellions or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond the reasonable control of Centslink.



7.4 Product Changes. Centslink may change or discontinue Products at any time. In such event, Centslink may fulfill Customer’s order with a Product that has substantially the same functionality and performance as the Product ordered by Customer.



7.5 Export. All Products purchased under this Agreement are only for use in the United Arab Emirates and are subject to the export regulations of the United Arab Emirates. Customer shall comply with United Arab Emirates’ export regulations.



7.6 Governing Law. This Agreement and all orders for Products and Services subject to this Agreement shall be governed by the laws of the Dubai, without regard to its conflict of law principles. Neither You nor Centslink may bring an action arising out of or related to this Sales Agreement more than two (2) years after the cause of action arose.