TERMS AND CONDITIONS OF THIS OFFER:
ELIGIBILITY
1. You must be an individual, 18 years of age or older.
2. This special promotional offer is only available from USGlobalSat Inc.’s web site (http://www.usglobalsat.com). You must have Internet access to place the order on-line as phone/fax orders do not qualify for this offer.
3. Only selected products will be eligible for this offer. Not all products on the web-site will qualify for free or discounted shipping.
FREE UPS GROUND SHIPPING
4. Orders placed between the designated period of this offer will become eligible for Free UPS Ground freight under the following conditions:
LIMITATION OF LIABILITY
5. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH USGLOBALSAT, INC. HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF USGLOBALSAT OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY USGLOBALSAT, INC.. IN NO EVENT SHALL USGLOBALSAT, INC. BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PRODUCTS OFFERED; (II) ANY FAILURE, DELAY, OR DECISION BY USGLOBALSAT, INC. IN ADMINISTERING STANDARD AND SPECIAL PROMOTIONS; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PRODUCTS AND/OR SOFTWARE IF APPLICABLE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF USGLOBALSAT, INC. OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16. MEMBER AGREES TO INDEMNIFY AND HOLD USGLOBALSAT, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PRODUCTS, MARKETING AND PROMOTIONS, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
TERMINATION OR CHANGES TO THE PROGRAM
6. USGlobalSat, Inc. reserves the right to terminate this and any other offer at any time without notice.
7. USGlobalSat, Inc. may modify these terms and conditions from time to time, with or without notice, and your continued participation in the offering or program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the terms and conditions page posted on the web site regularly to determine whether this offer has been modified. If you do not agree to any modification of this or any other offer, you must immediately submit your notice to cease participation in writing to sales @ usglobalsat.com.
DISPUTES/ERRORS
8. All questions or disputes regarding the promotional program, including without limitation, questions or disputes regarding eligibility for the promotion, or the eligibility of credit rewards for use, must be submitted in writing within 60 days of the qualifying transaction, to USGlobalSat, Inc. at: Customer Service, USGlobalSat, Inc., 1308 John Reed Court, City of Industry CA, 91745. Any such disputes shall be resolved by USGloBalSat, Inc.at its sole discretion. All interpretations of promotional Terms and Conditions shall be at the sole discretion of USGlobalSat, Inc. In the event that an error is made by USGlobalSat, Inc., your sole remedy shall be the credit of the disputed credit amount to be applied to your USGlobalSat, Inc. account.
MISCELLANEOUS
9. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the any USGlobalSat, Inc. offer. you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Los Angeles. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.
USGlobalSats' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Nothing in this agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between USGlobalSat, Inc. and any other of its corporate partners, associates or resellers. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on USGlobalSats' behalf. This Agreement constitutes the entire agreement between you and USGlobalSat, Inc. with respect to the FREE SHIPPING promotion.