1. Sale and Purchase of Goods
4th Corner Software, Inc. (“4CSI”, “Seller”, “Us”, “We”, “Our”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase goods and services of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods and any and all applicable taxes as posted on this website or as required by any legal jurisdiction in which a transaction can be said to have occurred.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate.
4. Right to Deny Access or Sale
Seller maintains and reserves the right to deny the Buyer access to any goods or services purchased but not paid for in accordance with the terms of this agreement. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
5. Term and Automatic Renewal
Unless earlier terminated as set forth herein, this Agreement is effective for the term set forth at the time of purchase. If no term is agreed, the default term shall be one (1) year from purchase. If you have provided Us with a valid credit card number or an alternate payment method, your subscription will be automatically renewed (and charged to the account you have provided) for another term at the expiration of your current term, whenever your local regulations allow, for a fee no greater than Our then-current price, excluding promotional and discount pricing. The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each anniversary thereafter.
If you do not desire to have your subscription automatically renewed, you must, prior to the expiration of your subscription term, inform Us of your intention not to renew your subscription to the goods or services. We will send written notice of your renewal to the e-mail address you have provided to Us prior to the time of your renewal and upon the renewal of your subscription term.
If your subscription is automatically renewed and you request a refund of the subscription price within sixty days of the renewal (or any such longer period that We may, in Our sole discretion, allow), We will refund the full subscription price to you. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Us if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by accessing your user account profile.
This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you will lose access to the password protected areas of the Site.
You may terminate this Agreement at any time by canceling your account. This Agreement automatically terminates if you fail to comply with its terms and conditions. We reserve the right to refuse or discontinue participation by any user at any time at Our sole discretion.
If you fail to renew the Service or terminate this Agreement, We may or may not, at our sole discretion, continue to store your user records for any duration beyond the renewal or termination date.
6. Delivery
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
7. Limited Warranty
Seller supplies as its sole warranty the following:
- No warranty or guarantee of any type, form, or fashion is provided as to the accuracy or usefulness of any of the information on this website.
- The warranty shall last for 0 weeks.
- The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.
8. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
Caveat Emptor. You, the buyer, alone are responsible for checking the quality and suitability of goods before a purchase is made.
9. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
10. No Legal Advice
This website does not provide legal advice of any kind. Since each individual’s situation is unique, a qualified attorney should be consulted before making legal decisions of any nature or kind.
11. General
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Washington, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement, Buyer submits to the exclusive jurisdiction and venue of the Superior Court of Whatcom County in the State of Washington of the United States and hereby waives any objection to such jurisdiction and venue
This is a rough diagram of a typical courtroom in the state of Washington. Courtrooms vary a great deal from city to city and county to county but they all have the same basic structure.
Â