This website – http://www.NewSoftwareInStock.com (the “Site”) is being made available to youfree-of-charge. The terms "you", "your", and"yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "NewSoftwareInStock.com", Ecomedia, Ecomedia Source LLC, "we", "us", and "our" refer to Ecomedia Source LLC, its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
PRIVACY
Please review our Privacy Notice,which also governs your visit to NewSoftwareInStock.com, to understand ourpractices.
ELECTRONIC COMMUNICATIONS
When you visit NewSoftwareInStock.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide toyou electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site,such as text, graphics, logos, button icons, images, audio clips, digitaldownloads, data compilations, and software, is the property of EcoMedia or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of EcoMedia and protected by U.S. and international copyright laws. All software used onthis site is the property of EcoMedia or its software suppliers and protectedby United States and international copyright laws.
LICENSE AND SITE ACCESS
EcoMedia grants you a limited license to access and make personal use of this site and not to download (otherthan page caching) or modify it, or any portion of it, except with express written consent of EcoMedia. This license does not include any resale or commercial use of this site or its contents; any collection and use of anyproduct listings, descriptions, or prices; any derivative use of this site orits contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EcoMedia.You may not frame or utilize framing techniques to enclose any trademark, logo,or other proprietary information (including images, text, page layout, or form)of EcoMedia without express written consent. You may not use any meta tags or any other "hidden text" utilizing EcoMedia's name or trademarks without the express written consent of EcoMedia. Any unauthorized use terminates the permission or license granted by EcoMedia. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of NewSoftwareInStock.com so long as the link does not portray EcoMedia,or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EcoMedia logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EcoMedia does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use NewSoftwareInStock.com only with involvement of a parent or guardian. EcoMedia reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS,AND OTHER CONTENT
Visitors may post reviews, comments,photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy,infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses,political campaigning, commercial solicitation, chain letters, mass mailings,or any form of "spam." You may not use a false e-mail address,impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. EcoMedia reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submi tmaterial, and unless we indicate otherwise, you grant EcoMedia 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 EcoMedia and sublicensees the right to use the name that you submit inconnection with such content, if they choose. You represent and warrant thatyou own or otherwise control all of the rights to the content that you post;that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EcoMedia for all claims resulting from content you supply. EcoMediahas the right but not the obligation to monitor and edit or remove any activity or content. EcoMedia takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
EcoMedia respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at compliance@EcoMediaSource.com.
RISK OF LOSS
All items purchased from EcoMedia are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
EcoMedia attempts to be as accurate as possible. However, EcoMedia does not warrant that product descriptions orother content of this site is accurate, complete, reliable, current, or error-free. If a product offered by EcoMedia itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier,or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION,CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OROTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ECOMEDIA ONAN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ECOMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANYKIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECOMEDIA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECOMEDIA DOES NOT WARRANT THAT THIS SITE;INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ECOMEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECOMEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting NewSoftwareInStock.com,you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of anysort that might arise between you and EcoMedia.
DISPUTES
Any dispute relating in any way to your visit to NewSoftwareInStock.com or to products or services sold or distributed by EcoMedia or through NewSoftwareInStock.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $2,500 shall be adjudicated in any state or federal court in Suffolk County, New York, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies,posted on this site. These policies also govern your visit to NewSoftwareInStock.com.We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
EcoMedia Source LLC.
PO Box 2001
Miller Place, NY 11764
http://www.EcoMediaSource.com
This document was updated: 4/16/2010