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This RamQuest Web Site (the "Site") is provided as a service to our customers. Please review the following basic rules that govern the use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since RamQuest Software, Inc. ("RamQuest") may revise this Agreement at any time, you should visit this page periodically to review the terms of your use. RamQuest reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site.

Copyrights and Trademarks

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by RamQuest or by third parties who have licensed their materials to RamQuest and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of RamQuest and is also protected by U.S. and international copyright laws. All trademarks, services and trade names used herein are proprietary to RamQuest and are licensed to RamQuest or its suppliers. Such trademarks, service marks, trade names and logos, are protected by common law and/or federal trademark law and may not be used in violation of RamQuest's or any of its licensor's rights.

Use of this Site

This Site and all of its Contents are intended solely for use by a RamQuest customer, but you may not download or copy the Contents and other downloadable materials displayed on the Site for any purpose. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of RamQuest or its suppliers and protected by U.S. and international copyright laws. The content and software on this Site may be used only as a resource for your business. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

Orders

While we will use our best efforts to fulfill all orders submitted through this Site, RamQuest cannot guarantee the availability of any particular product/service displayed on this Site. RamQuest reserves the right to discontinue the sale of any product/service listed on this Site at any time without notice.

Product/service prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping, handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. With respect to taxes, RamQuest only taxes those residents in the State of Texas and will make those customers aware of the exact tax due at the point of purchase.

While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. RamQuest reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). If your credit card has been charged and your order is cancelled, a credit will be issued to your credit card account in the amount that was charged.

User Comments and Other Submissions

We welcome your comments regarding the Site. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to RamQuest on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain RamQuest property. Such disclosure, submission or offer of any Comments shall constitute an assignment to RamQuest of all rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, RamQuest will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments and will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction. RamQuest is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than RamQuest. Such links are provided for your reference only. RamQuest does not control outside sites and is not responsible for their content. RamQuest's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does RamQuest's inclusion of the links imply that RamQuest is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

Indemnification

You agree to defend, indemnify and hold RamQuest, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any and all losses, claims, damages, costs and expenses, including attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your use of the Site and its programs (including negligent or wrongful conduct) by you or any other person using your computer or user account.

Disclaimer

This site is provided by RamQuest on an "as is" basis. RamQuest makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, RamQuest disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. RamQuest will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Without limiting the foregoing, RamQuest disclaims any and all warranties, express or implied, for any products offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. RamQuest does not represent or warrant that the functions and programs contained on this site will be uninterrupted or error free, that defects will be corrected or that this site or the server which makes the site available are free or viruses or other harmful components.

Limitation of Liability

Under no circumstances, shall RamQuest or any of its employees, directors, officers, members, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of RamQuest has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this web site or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of RamQuest under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100)

Privacy Policy

RamQuest's use of personal information that you may submit to RamQuest through this website is governed by RamQuest's privacy policy. Please see Privacy Policy.

Unlawful or Prohibited Use

As a part of abiding by these Terms of Use, you agree that you will not use this site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this site in any manner that could damage, disable, overburden or impair this site or the server it is hosted on. You may not obtain any materials or information through the site that are not intentionally made available. Harassment through the Site is strictly prohibited as well as impersonation. You may not upload any content to the Site that may include but is not limited to material that may be libelous, defamatory, obscene, threatening, invasive of privacy, abusive or illegal. Any cases of such will be prosecuted to the fullest extent of the law.

Termination/Access Restrictions

RamQuest reserves the right, in its sole discretion to terminate or refuse your access to the Site, its programs, and services, or to terminate your account, and/or cancel any orders at any time without notice, if RamQuest feels that your conduct violates these terms and conditions herein, applicable law, or is harmful or damaging to RamQuest, its suppliers, or other customers of the site. The provisions relating to copyrights, trademarks, disclaimers, limitations of liability and indemnification shall survive termination.

Contacting Us

If you have any questions about this agreement, please call us at 214.291.1600, send us an email, fax us at 214.291.1617, or write us at:

RamQuest
Attention: Internet Customer Service
6111 W. Plano Parkway # 3800
Plano, TX 75093

Although RamQuest in most circumstances will be able to receive your email or other information provided through this Site (including, without limitation, service requests and other submissions), RamQuest does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.

General

The Terms of Use for this site and your use of this Site are governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organization in Collin County, Texas, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. RamQuest has endeavored to comply with all legal requirements known to it in creating and maintain this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a void, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

With the prior agreement of RamQuest, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Dallas, Texas, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that RamQuest may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and RamQuest as a result of this agreement or your use of this Site. RamQuest's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation RamQuest's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by RamQuest with respect to such use.

This agreement, the privacy statement, and any terms of sale for products ordered through this site constitute the entire agreement between you with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RamQuest with respect to this Site. No modification of this agreement shall be effective unless it is authorized by RamQuest. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by RamQuest in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by RamQuest in printed form.