Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.




Copyright

The use of Manufacturer logos, trademarks or registered trademarks, including but not limited to text, graphics or other content of their respective owners; in this site is reference only and does not imply any connection or relationship between NetworkingHouse.com and these companies.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of NetworkingHouse.com. The collective work includes works that are licensed to NetworkingHouse.com. Copyright 2003, NetworkingHouse.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with NetworkingHouse.com or purchasing NetworkingHouse.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with NetworkingHouse.com or to purchase NetworkingHouse.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by NetworkingHouse.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of NetworkingHouse.com used in the site are trademarks or registered trademarks of NetworkingHouse.com


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NetworkingHouse.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NetworkingHouse.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. NetworkingHouse.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. NetworkingHouse.com is not affiliated with nor has any direct connection with any manufacturer with respect to product quality, warranty or liability.


Limitation of Liability
NetworkingHouse.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if NetworkingHouse.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a NetworkingHouse.com product is mistakenly listed at an incorrect price, NetworkingHouse.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NetworkingHouse.com reserves 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 cancelled, NetworkingHouse.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by NetworkingHouse.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
NetworkingHouse.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to NetworkingHouse.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NetworkingHouse.com products) shall be in the state or federal courts located in Seminole County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NetworkingHouse.com products) must be commenced within one (1) year after the claim or cause of action arises. NetworkingHouse.com's 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. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NetworkingHouse.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a NetworkingHouse.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
NetworkingHouse.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, NetworkingHouse.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, NetworkingHouse.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to NetworkingHouse.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless NetworkingHouse.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, NetworkingHouse.com may link to sites operated by third parties. However, even if the third party is affiliated with NetworkingHouse.com, NetworkingHouse.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NetworkingHouse.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NetworkingHouse.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Terms and Conditions of Sale
All sales are subject to the terms and conditions of sale. Terms and Conditions of Sale

Agreement. The invoice and these terms and conditions confirm the agreement (the Agreement) between you (Buyer) and Next Micro LLC (Seller) for the goods described herein (Goods). Buyers acceptance of these terms and conditions shall be indicated by any of the following, whichever occurs first: Buyer making of an offer to purchase product from Seller; Buyers written acknowledgment hereof; Buyers acceptance of any shipment of any part of the items specified for delivery. This Agreement (along with any other documents signed by Seller) is the entire agreement of the parties as to the Goods.

Pricing; Late Payments; Taxes. The price for the Goods is stated in the invoice and, unless otherwise specified by Seller, is payable within 30 days. If Buyer does not make payment when due, Buyer shall pay a fee on past due amounts of 1.5% per month or the maximum rate allowed by law, whichever is less. Pricing excludes federal tax, state and local sales tax, use and other taxes, any customs charges/duties, or any charges within the country designated for delivery by Buyer. Buyer shall bear responsibility for all such taxes, duties and/or charges.

Risk of Loss; Delivery Charges. Title to the Goods passes upon delivery to Buyer, and thereafter all risk of loss or damages are the responsibility of Buyer, provided however, that deliveries by common carrier are F.O.B. shipping point, title passes to Buyer upon delivery to the carrier, and thereafter all risk of loss or damages is the responsibility of Buyer.

Time Not of the Essence. Seller will endeavor to deliver the Goods by any agreed date or within any agreed period. These dates and periods, however, are only estimates given in good faith and, consequently, Seller will not be liable for any failure to deliver the Goods by such a date or within such a period. Time for delivery will not be of the essence.

Installment Sales. Each shipment or delivery of any Goods will be deemed to have been sold under a separate and independent contract. Failure by Seller to deliver any installment will not entitle Buyer to treat the Agreement as repudiated.

Warranties. Goods sold by Seller are not manufactured by Seller, and Seller has made no affirmation of fact or promise relating to the Goods. All warranty claims shall be asserted exclusively against the manufacturer of the Goods. EXCEPT AS TO TITLE, THERE ARE NO WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, RELATING TO THE GOODS. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE APPLIES TO THE GOODS. Buyer agrees to take possession of the Goods and accepts them in an AS IS condition. Next Micro LLC is not affiliated with nor has any direct connection with any manufacturer with respect to product quality, warranty or liability.

Limitation on Liability. Sellers liability on any claim relating to the Goods or their sale, resale, operations or use, whether based on contract, warranty, tort (including negligence) or other grounds, will not exceed the price allocable to such Goods. SELLER WILL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOST DATA OR ANY DAMAGES TO THIRD PARTIES PAID BY BUYER, LOSS OF WARRANTY, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF BUYER FOR SUCH DAMAGES.

Returns. Buyer may return defective Goods for replacement or credit (as elected by Seller) within 14 days of purchase. Non-defective, special order products are normally not accepted for return; other returns are handled on a case-by-case basis in Sellers sole discretion. All returns must be accompanied by a copy of Sellers approved RMA form containing an authorized RMA number, which is valid for 14 days after the date of issuance, and returns of non-defective normally stocked items in resalable condition may be accepted for credit subject to a restocking charge of no less than 15% of the sales price at Sellers sole discretion. Credit is applied only at such time as the Goods are received and inspected by Seller. Any goods which are damaged, defective or short shipped must be reported to the Seller within 72 hours of receipt of shipment in writing.

Authority/Solvency. Buyers representative hereby warrants that he/she is authorized to place orders with Seller and shall provide adequate assurances of the foregoing if requested by Seller. Buyer warrants that to the best of its knowledge, the entering into of this Agreement does not violate any law or contractual obligations with third parties. The order for the Goods placed by Buyer constitutes a representation by the officer or other representative of Buyer placing such order that Buyer is solvent and that Buyer intends in good faith to comply with this Agreement. Seller shall have the right, in its sole discretion, to seek adequate assurances relating to Buyers solvency and financial condition prior to the shipment of any product. By placing an order with Next Micro LLC and accepting delivery of the products, Buyer represents and warrants that it is a bonafide reseller of computer products and is not buying products from Next Micro LLC or operating its business (a) under a pretext of any kind, or (b) for any purpose other than the legitimate resale of computer products to end users.

Security Interest. To secure payment of the sales price of the Goods and all other obligations of Buyer under this Agreement, Buyer hereby grants to Seller a security interest in the Goods and all products and proceeds thereof. Seller is authorized by Buyer to take such action as may be appropriate to perfect the security interest granted herein. Buyer agrees to execute any additional documents necessary to perfect such security interest.

Waiver and Modification. No waiver or modification of this Agreement will be binding upon Seller unless agreed to by Seller in writing. Failure by Seller to enforce strict compliance with this Agreement will not constitute a waiver of any of the provisions of this Agreement.

Severability; Force Majeure. If any provision of this Agreement is or becomes void or unenforceable for any reason, then the validity of the remaining provisions will not be affected. Seller will not be in breach of this Agreement because of delays or nonperformance caused by circumstances beyond its reasonable control or other force majeure.

Choice of Law; Jurisdiction; Waiver of Jury Trial; Attorney Fees. This Agreement will be governed by the laws of the State of Florida (without regard to principles of conflict of laws). Any claims arising out of or related to this Agreement or the Goods shall be brought exclusively in Seminole County, Florida; provided that if the Goods or Buyer are not located in Seminole County, Florida, Seller may also bring suit at the location of the Goods and/or the Buyer. Buyer submits to the jurisdiction of all such courts. BUYER AND SELLER HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE, DEFEND, CONSTRUE OR OTHERWISE CONCERNING THIS AGREEMENT OR THE GOODS. If it is necessary for Seller to commence collection efforts against Buyer for any indebtedness due or to otherwise enforce this Agreement, Seller will be entitled to recover from Buyer its reasonable attorneys fees and costs, including the reasonable fees of in-house counsel.

Governing Terms and Conditions. It is expressly affirmed by Buyer that in the event there are contradictory terms and conditions on Buyers subsequent purchase orders or other documentation provided to Seller, the terms included in this Agreement are a material, bargained for benefit and shall be controlling over any conflicting provisions.