Last Updated - April 22, 2021
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM ALASCONNECT, LLC, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH AMPERSAND / ALASCONNECT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through our online ordering system according to this quote (the “Site”). These Terms are subject to change by AlasConnect, LLC (DBA Ampersand) (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site.
Product Availability and Order Acceptance
Pricing does not guarantee availability. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
All sales are final at the time the order is placed and there is no right of return for any hardware or software purchased.
Disclaimer of Warranties
You acknowledge and agree that AlasConnect,LLC as a reseller, with respect to purchased hardware or software, makes no representations or warranties whatsoever, express or implied.
You acknowledge and agree that AlasConnect, LLC does not represent or warrant that the site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet their requirements.
You acknowledge and agree to hardware and software purchases “as is” and “with all faults.”
AlasConnect, LLC, disclaims any warranty, express or implied, and acknowledges and you agree that all liability and warranties will be the sole responsibility of the hardware or software manufacturer. You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of th emanufacturer’s failure to honor its warranty obligations to you.
We will arrange for shipment of the products to you. You shall be responsible for all shipping and handling fees. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. We are not liable for any delays in shipments.
We will make reasonable best efforts to accommodate special requests, but may not be able to fulfill all special requests. You understand and acknowledges that special requests may result in additional costs, fees or surcharges.
Taxes & Fees
Purchases may be subject to applicable Local, State, Federal and regulatory surcharges or taxes, which shall be your responsibility to pay.
Payments are due upon receipt of invoice. Any unpaid balances after thirty (30) days from the invoice date shall be considered Past Due.
Past Due balances are subject to a finance charge equal to an annual percentage rate of ten and a half percent (10.5%) which shall accrue until the Past Due balance is paid in full.
You authorize AlasConnect, LLC, its outside collection agencies and other agents to contact them in connection with any and all matters relating to unpaid Past Due balances. Past Due balances may be referred to a collection agency to collect any amounts Past Due. Client agrees to pay costs related to the collection of Past Due balances including, but not limited to, any collection agency’s fees, reasonable attorney’s fees, and arbitration or legal costs. Payments shall be first applied to finance charges and then past due balances. Purchases may be subject to applicable Local, State, Federal and regulatory surcharges or taxes, which shall be your responsibility to pay.
Accounts with Past Due balances may be prohibited from submitting orders until such balances are paid in full.
Limitation of Liability
To the fullest extent permitted by law, our total liability to you and anyone claiming by or through you, for any and all claims, losses, costs, damages (including reasonable attorneys’ fees) or expenses resulting from or in any way related to the purchase of products or services from our site, from any cause or causes, is limited to the actual amount paid by you for the products or services. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, including claims for negligence, unless otherwise prohibited by law.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Alaska.
Dispute Resolution and Binding Arbitration
You and AlasConnect, LLC (DBA Ampersand) are agreeing to give up any rights to litigate claims in a court or before a jury. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute, or controversy whether in contract tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims, between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of these Terms is held unenforceable, all remaining provisions shall remain in full force and effect.
Our order confirmation and these Terms are the final and integrated agreement between you and us on the matters contained in these Terms.