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Untitled Document

Terms of Use
1 JANUARY 2008

This terms of use agreement (the "Agreement") governs your use of the Web pages and other digital content available through the Internet. When accessing an internet page, you will be presented with the terms of use agreement. If you do not agree to these terms, please do not use the Digital Communications USA Inc. or its Web site (the "Site").

Access to Digital Communications USA Inc. website is provided at no cost to you and is granted for surf and SHOP PURPOSES only. The Digital Communications USA Inc., at its sole discretion, may provide you with a password to access certain Website, provided that you complete any required application process and provide accurate information in your application. You may use your password only to access the Website in ways consistent with this Agreement — no other access to or use of the Site, the Website, or the Digital Communications USA Inc. services is authorized. You agree not to interfere with the work of other users or Digital Communications USA Inc. personnel, servers, or resources. Further, you agree not to recirculate your password to other people or organizations or to copy offsite any part of the Website without written permission. Please report any unauthorized use of your password promptly to WEBMASTER@DigiComusainc.com. You acknowledge that you have read and understood the Digital Communications USA Inc.’s Privacy Policy and agree that the Digital Communications USA Inc. may collect, use, and distribute information pursuant to that policy. If you provide any content to the Digital Communications USA Inc., you grant the Digital Communications USA Inc. a nonexclusive, royalty-free right to use that content.

Some of the content available through the Digital Communications USA Inc. may be governed by local, national, and/or international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of the Digital Communications USA Inc. In particular, you certify that your use of any part of the Digital Communications USA Inc.'s Website will be noncommercial and will be limited to no infringing or fair use under copyright law. In using the Digital Communications USA Inc.'s site, Website, and/or services, you further agree (a) not to violate anyone's rights of privacy, (b) not to act in any way that might give rise to civil or criminal liability, (c) not to use or attempt to use another person's password, (d) not to collect or store personal data about anyone, (e) not to infringe any copyright, trademark, patent, or other proprietary rights of any person, (f) not to transmit or facilitate the transmission of unsolicited email ("spam"), (g) not to harass, threaten, or otherwise annoy anyone, and (h) not to act in any way that might be harmful to minors, including, without limitation, transmitting or facilitating the transmission of child pornography, which is prohibited by federal law and may be reported to the authorities should it be discovered by the Digital Communications USA Inc.

You agree that we may contact you from time to time with surveys or other questions regarding your opinions about and uses of the Digital Communications USA Inc., as well as with information we believe may be of interest to you. We encourage you to respond to these surveys because we value your input, which will assist us in improving the Digital Communications USA Inc. In addition, we request that, according to standard academic practice, if you use the Digital Communications USA Inc.'s Website for any research that results in an article, a book, or other publication, you list the Digital Communications USA Inc. as a resource in your bibliography.

The Digital Communications USA Inc. may immediately terminate this Agreement at its sole discretion at any time upon written notice (including via email) to you. Upon termination, you agree that the Digital Communications USA Inc. may immediately deactivate any password it has issued to you and bar you from accessing the Website or the Site.

The Digital Communications USA Inc. may modify this Agreement from time to time, and your continued use of the Website and/or the Site constitutes your acceptance of any and all modifications. The Digital Communications USA Inc. will attempt to notify you of substantial modifications via the email address that you have registered with us, if any.

You agree to indemnify and hold harmless the Internet Digital Communications USA Inc. and its parents, subsidiaries, affiliates, agents, officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from your use of the Digital Communications USA Inc.’s services, the site, or the Website. You agree that this Agreement is governed by California law and that any suit arising from this Agreement will be brought in Bakersfield, California, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the California Code of Civil Procedure, §§1280 et seq. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.

Under no circumstances, including, without limitation, negligence, shall the Digital Communications USA Inc. or its parents, affiliates, officers, employees, or agents be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use the Site or the Website, or any content contained on the Site or in the Website, or resulting from unauthorized access to the Website or your transmissions of data, including, without limitation, damages for loss of profits, use, data, or other intangibles, even if the Digital Communications USA Inc. has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

COPYRIGHT & TRADEMARKS : This site is owned and operated by Digital Communications USA Inc. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Digital Communications USA Inc., Copyright © 2002-2007, ALL RIGHTS RESERVED. All audio clips are the sole property of Digital Communications USA Inc. or their respective content providers. All software used on the site is the sole property of Digital Communications USA Inc. or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Digital Communications USA Inc.'s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Digital Communications USA Inc. is a registered trademark of Digital Communications USA Inc. All custom graphics, icons, logos and service names are the sole property of Digital Communications USA Inc. All other trademarks or service marks are the property of their respective owners. The use of any Digital Communications USA Inc. trademark or service mark without Digital Communications USA Inc.'s express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to Products Sold: All of Digital Communications USA Inc.'s products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, Digital Communications USA Inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold by Digital Communications USA Inc. Except as expressly stated herein, Digital Communications USA Inc. expressly disclaims all warranties, express or implied, of any kind with respect to products sold by Digital Communications USA Inc., including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Digital Communications USA Inc. arising from any product sold by Digital Communications USA Inc. shall be the purchase price of the product ordered. In no event shall Digital Communications USA Inc., its directors, officers, employees or other representatives be liable for special, indirect, incidental, consequential, or punitive damages related to product or services sold, including lost profits (even if Digital Communications USA Inc. has been advised of the possibility of the loss or damage). ALL IMPLIED WARRANTIES EXISTING BY OPERATION OF LAW, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND NEGATED.

Disclaimer and Limitation of Liability as to the Digital Communications USA Inc. Web Site: The Digital Communications USA Inc.com web site and the materials therein are provided “as is”. Digital Communications USA Inc. makes no representations or warranties, either express or implied, of any kind with respect to the Digital Communications USA Inc.com site, its operations, contents, information, materials or year 2000 compliance. Digital Communications USA Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Digital Communications USA Inc., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Digital Communications USA Inc.com sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

"LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.

Typographical ERRORS: In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Digital Communications USA Inc.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Digital Communications USA Inc.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Digital Communications USA Inc.com shall immediately issue a credit to your credit card account in the amount of the charge.

Links: This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Digital Communications USA Inc. is not responsible for the operation of or content located on or through any such site.

Order Acceptance POLICY: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Digital Communications USA Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Digital Communications USA Inc. reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or credit information before accepting any order. Digital Communications USA Inc. is a reseller to end user customers. In addition, Digital Communications USA Inc. also sells to computer dealers, exporters, importers, wholesalers, or other customers who intend to resell the products offered by Digital Communications USA Inc.

Sales Taxes: Digital Communications USA Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within USA. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any state.

This Agreement, the Privacy Policy, and other policies posted on the Site constitute the full and complete agreement between you and the Digital Communications USA Inc. and are not intended to inure to third-party beneficiaries.

We welcome your input. Please contact us with any comments or questions at WEBMASTER@DigiComusainc.com.

© Copyright 2007 Digital Communications USA, Inc