Terms of Service - Talon Electronics

Terms of Sale/Terms of Use

Talon Electronics LLC (“talonix.com, talonelectronics.com”) owns and operates this Website. This document governs your relationship with talonix.com or talonelectronics.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service. Talon Electronics may change these Terms of Use from time to time, at Talon Electronic’s sole discretion. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Talon Electronics. Talon Electronics LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Talon Electronics LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Talon Electronics LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Talon Electronics LLC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Shipping times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Talon Electronics (“talonix.com, talonelectronics.com”) you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Talon Electronics retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Talon Electronics LLC or may in some cases be a third party. Where a contract is made with a third party Talon Electronics LLC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Language

When you place an order on talonix.com or talonelectronics.com, you agree all communications, claims and returns will be conducted in English. Communication in any other language will not be recognized as valid or binding.

(b) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(d) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

(e) Conformity to manufacturer specifications

Due to changes, deletions and superseding information that may be provided by manufacturers, we are unable to guarantee compliance to specific manufacturer data, specifications, or dimensions. Additionally, as we obtain stock from multiple sources, suppliers and distributors, we are unable to offer or provide a Certificate of Conformity for any item listed on this website.

It is solely up to you, the purchaser, to determine the usability of a product or fitness for any particular purpose.

(f) Use/Application of products

Products are intended for commercial and consumer use only. Talon Electronics LLC does not determine the specifications or conduct any performance or safety testing of any products that it sells. Specifications provided to Customers via the Talon Electronics LLC website are produced by the manufacturer or transcribed from information provided by the manufacturer. Talon Electronics LLC is not a supplier of Qualified Product Listing (QPL) components. Customer agrees that all purchases are for commercial or other applications that do not require QPL components. Any reference to military specifications on our website is for reference only and does not modify these terms and conditions. Talon Electronics LLC does not participate in any product safety engineering, product safety review or product safety testing. Talon Electronics LLC cannot provide any safety testing, safety evaluation or safety engineering services.
Products sold by Talon Electronics LLC are not designed, intended or authorized for use in life support, life sustaining, human implantable, nuclear facilities, flight control systems, or other applications in which the failure of such Products could result in personal injury, loss of life or catastrophic property damage. This includes, but is not limited to, Class III medical devices as defined by the US Food and Drug Administration (FDA) and Federal Aviation Administration (FAA) or other airworthiness applications. If Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer's sole risk; (2) Customer agrees that Talon Electronics LLC and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD TALON ELECTRONICS LLC AND THE MANUFACTURER OF THE PRODUCTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.

(g) California Proposition 65

As a business with less than 5 employees, Talon Electronics is exempt from Proposition 65’s warning requirements. (Cal. Health & Safety Code § 25249.11(b).)

However, where known or, as indicated by the manufacturer, Talon Electronics will label the immediate bag or container with a Proposition 65 Warning. We will also place a Warning upon the packing list if provided.

Disclaimer of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, TALON ELECTRONICS LLC, IT'S SUBSIDIARIES, AND DIVISIONS DISCLAIM ANY OTHER OBLIGATION, LIABILITY, OR WARRANTY TO YOU FOR ANY OTHER ACTION, INACTION, OMISSION, OR OTHER ACTIVITY THAT IS NOT IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, ITS TERMS, OR ITS DISCLAIMERS THEN YOU SHOULD NOT USE THIS SITE.

UNDER NO CIRCUMSTANCES SHALL TALON ELECTRONICS LLC, IT'S SUBSIDIARIES AND DIVISIONS, OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THIS PRIVACY POLICY, OR THE FAILURE OF TALON ELECTRONICS LLC AND ITS PARENT, SUBSIDIARIES AND DIVISIONS, OR THEIR SUPPLIERS OR LICENSORS TO ADHERE TO IT, EVEN IF TALON ELECTRONICS LLC AND ITS PARENT, SUBSIDIARIES AND DIVISIONS, OR THEIR SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, THE RESPECTIVE LIABILITY OF TALON ELECTRONICS LLC AND ITS PARENT, SUBSIDIARIES AND DIVISIONS, OR THEIR SUPPLIERS OR LICENSORS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Linking to this Website

You may link to our home page (talonix.com/shop or talonelectronics.com/shop) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Talon Electronics LLC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Talon Electronics LLC.

Indemnity

You agree to indemnify, defend and hold harmless Talon Electronics LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

Talon Electronics LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law, you agree to resolve any dispute you have with Talon Electronics LLC exclusively in a state or federal court located in Norfolk, Virginia, and to submit to the personal jurisdiction of the courts located in Norfolk, Virginia for the purpose of litigating all such disputes.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Talon Electronics LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Talon Electronics LLC.