Terms of service

Terms and Conditions

Creation Networks, Inc. · Version 2.0 · Effective January 1, 2026
These Terms replace all prior versions, including the version last updated November 4, 2024.

How this document is organized. Part A governs your use of our website. Part B governs purchases of products and services. Part C contains the provisions that apply to both — including how disputes are resolved, which law applies, and how notices are given. Section numbers run continuously from 1 to 42 so that a quote, invoice or purchase order can cite a single section.

Contents

Part A — General and website terms

About these Terms
Definitions
Who may use the Site
Your account
Regulated data
Permitted use of the Site
Our intellectual property
Prohibited conduct
Reviews, feedback and submissions
Copyright complaints
Third-party sites and content
Product information; no professional advice
Privacy
Electronic communications and text messages
Accessibility
Site availability and changes
Site disclaimers

Part B — Terms of Sale

Quotes
Orders and acceptance
Prices and taxes
Payment and credit
Shipping, title and risk of loss
Inspection, shortages and transit damage
Returns, cancellations and restocking
Condition of Products
Warranties
Software and firmware
Manufacturer support entitlements
Support Plans and automatic renewal
Demonstration and loaned equipment
Installation and other Services
Export control and international orders
Government and public-sector orders
Your compliance obligations

Part C — Provisions applicable to both parts

Indemnification
Limitation of liability
Force majeure
Suspension, termination and survival
Governing law
Dispute resolution and arbitration
Notices
General

Part A — General and website terms

Part A governs your access to and use of our website. If you buy from us, Part B also applies. Part C applies to everything.

1. About these Terms

These Terms and Conditions (the “Terms”) govern your access to and use of www.creationnetworks.net and any related site, page, application or channel we operate (together, the “Site”), and every sale of Products and Services we make to you. They are an agreement between you — personally or on behalf of the organization you represent (“you”) — and Creation Networks, Inc., a CA corporation (“Creation Networks”, “we”, “us”, “our”).

1.1 Acceptance

By using the Site you agree to Part A and Part C. If you do not agree, please do not use the Site.

You accept Part B, together with Part A and Part C, when you place an Order, click to accept these Terms at checkout, accept a Quote, or take delivery of Products — whichever happens first.

1.2 Order of precedence

Where documents conflict, the following order applies, highest first:

a signed agreement between us covering the transaction, including a master services agreement or a statement of work;
a Quote we issued for the transaction;
these Terms, in which Part B controls over Part A on any question about a purchase;
our Refund Policy, Shipping Policy and other posted policies, each of which is incorporated into these Terms by reference;
any other document.

1.3 Changes

We may change these Terms. When we do, we will update the version number and effective date above, and we will keep prior versions available on request. Material changes take effect for existing accounts thirty (30) days after we post them, or on the effective date we state, whichever is later, and your continued use of the Site after that date means you accept them.

Changes do not apply retroactively to an accepted Order. The version of these Terms in force when we accept your Order governs that Order, and we keep a record of which version that was.

2. Definitions

These definitions apply throughout all three Parts.

“Consumer” — an individual who acquires Products or Services primarily for personal, family or household purposes.
“Content” — the text, product descriptions, drawings, images, video, audio, software, source code, databases, page designs and their selection and arrangement appearing on the Site.
“Dispute” — any claim, controversy or dispute between you and us arising out of or relating to the Site, these Terms, your account, a Quote, an Order, a Product, a Service, a Support Plan, or our relationship — whether based in contract, tort, statute, fraud, misrepresentation, warranty or any other legal theory, and whether arising before, during or after termination.
“Feedback” — suggestions, ideas or comments you send us about our Products, Services or the Site, other than a review.
“Manufacturer” — the original equipment manufacturer or software publisher of a Product.
“Marks” — our trademarks, service marks, trade dress and logos.
“Order” — your offer to buy Products or Services, however submitted.
“Products” — the hardware, software, licenses, accessories and other goods we supply.
“Quote” — a written quotation or proposal we issue.
“Services” — design, installation, integration, programming, commissioning, maintenance, monitoring, support and other services we supply.
“Site” — as defined in section 1.
“Support Plan” — a recurring maintenance, monitoring, extended-coverage or managed-service subscription we sell.

“Including” means “including without limitation”. A reference to a numbered section is a reference to a section of these Terms.

3. Who may use the Site

You may use the Site only if you are at least 18 years old and legally able to enter into a contract. The Site is not directed to children, and we do not knowingly collect personal information from anyone under 18.

We operate from the United States and the Site is hosted in the United States. We make no representation that the Site or anything on it is appropriate or available in any other location. If you use the Site from outside the United States, you do so on your own initiative and are responsible for complying with local law. Orders shipped outside the United States are additionally subject to section 32.

4. Your account

Some features require an account. You agree to provide accurate, current and complete information, to keep it up to date, and to keep your credentials confidential. You are responsible for activity under your account. Tell us promptly at info@creationnetworks.net if you believe your account has been used without your authorization.

If you create an account on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” includes that organization.

We may change or reclaim a username that is misleading, infringing or offensive, and we may refuse or close an account as described in section 38.

5. Regulated data

The Site is a general commercial storefront and information resource. It is not configured to receive regulated data.

Please do not submit through the Site any protected health information, nonpublic personal financial information, controlled unclassified information, classified information, payment card data outside our checkout process, or other data subject to sector-specific regulation.

We serve customers in healthcare, financial services, education and government, and we are glad to. Where an engagement involves regulated data or a regulated environment, that work is governed by a separate written agreement between us — which may include a business associate agreement, a data processing agreement or a security addendum — and that agreement controls over these Terms to the extent of any conflict. Nothing in this section limits our willingness to do regulated work; it means only that the public website is not the channel for regulated data.

6. Permitted use of the Site

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own internal business or personal purposes — including researching, evaluating, specifying, quoting and purchasing our Products and Services, and using the Site on behalf of your employer or a client whose purchasing you are authorized to handle.

You may view, download and print pages of the Site as reasonably needed for those purposes, provided you keep all copyright and other proprietary notices intact.

All rights not expressly granted are reserved.

7. Our intellectual property

The Site, the Content and the Marks are owned by or licensed to us and are protected by United States and international intellectual property law.

Except as section 6 permits, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, create derivative works from, or otherwise exploit the Content or the Marks without our prior written permission.

Manufacturer names, model numbers, product images, specifications and trademarks belong to their respective owners and appear on the Site to identify the Products we sell. Their appearance does not imply any endorsement of us by, or affiliation with, those owners beyond any authorized dealer relationship we hold.

8. Prohibited conduct

When using the Site, you agree not to:

Use the Site in violation of any applicable law or regulation, or for any unlawful or fraudulent purpose.
Systematically retrieve, scrape or extract Content in order to build or supplement a database, catalogue, price index or directory, or to operate a competing catalogue or price-aggregation service.
Republish our Content as your own, or remove or alter any copyright, trademark or other proprietary notice.
Impersonate another person, misrepresent your affiliation with any person or organization, or attempt to obtain another user's credentials or account information.
Circumvent, disable or interfere with any security or access-control feature of the Site, or attempt to gain unauthorized access to any account, system or network.
Upload or transmit malware, or any code or mechanism designed to damage, disrupt or covertly collect data from the Site or its users.
Use automated means — bots, scripts, scrapers, crawlers or offline readers — to access the Site, other than a standard search engine or web browser operating in accordance with our robots.txt, or as we otherwise permit in writing.
Place or attempt to place fraudulent Orders, or use the Site to test stolen or unauthorized payment credentials.
Interfere with or place an undue burden on the Site or the networks and services connected to it, including by excessive automated requests.
Harass, threaten or abuse our staff, contractors or other users, or use information obtained from the Site to do so.
Submit false reports of abuse, or otherwise misuse our support channels.
Use the Site to advertise or sell goods or services other than ours, or to send unsolicited commercial messages to our staff or users.
Collect usernames, email addresses or other contact details from the Site for the purpose of sending unsolicited messages.

Nothing in this section restricts your ability to review, rate, or publicly comment on our Products, Services or conduct, or to report a concern to a regulator or law enforcement.

9. Reviews, feedback and submissions

9.1 Your reviews are yours

Where we offer a way to post reviews or ratings, we welcome honest ones — including critical ones. We will not penalize you, cancel your Orders, close your account, charge you a fee, or take any other adverse action because you posted an honest review or other honest assessment of our Products, Services or conduct. Any provision of any agreement between us that purported to do so would be void, and we do not ask for one.

You keep ownership of your reviews. You grant us a non-exclusive, royalty-free, worldwide, sublicensable license to host, reproduce, display and distribute a review you post, in unmodified form or with edits limited to length, formatting and the redaction of personal information. We will not alter the substance or sentiment of your review.

9.2 Review guidelines

We ask that a review reflect your own honest, firsthand experience, and that it not contain unlawful content, threats, another person's private information, or content you do not have the right to post. We may decline to publish or may remove a review that breaks those rules, that is not a genuine review, or that we are legally required to remove.

We do not remove or suppress reviews because they are negative, and we do not offer anything of value in exchange for a review expressing a particular view. Where we display reviews, we do not represent that they are all the reviews we have received unless we say so.

9.3 Feedback and ideas

If you send us Feedback, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use it for any purpose without obligation or compensation to you. You keep ownership of your Feedback. Please do not send us anything you consider confidential or proprietary, or anything you are not free to share. This section does not apply to reviews, which are governed by section 9.1.

9.4 Other content you post

If we make any other posting, upload or submission feature available, you are responsible for what you submit through it. By submitting content you represent that you own it or have the rights to submit it; that it does not infringe anyone's intellectual property, privacy or publicity rights; that it is not unlawful, defamatory, harassing, obscene or deceptive; and that it contains no malware. We may remove content that breaks these rules. We do not claim ownership of content you submit, and we are not responsible for it.

10. Copyright complaints

We respect intellectual property rights. If you believe material on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent:

DMCA Designated Agent
Creation Networks, Inc.
1001 Shary Circle, Suite 1
Concord, CA 94518
Email: sales@creationnetworks.net

Your notice must include: your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material you say is infringing and enough detail for us to locate it; your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.

We will remove or disable access to material as required, and will notify the person who posted it, who may submit a counter-notice containing the elements required by 17 U.S.C. § 512(g). Please be aware that a person who knowingly misrepresents that material is infringing may be liable for damages under 17 U.S.C. § 512(f). We may terminate the accounts of repeat infringers.

11. Third-party sites and content

The Site may link to sites we do not operate, and may display content originating from third parties — including Manufacturer specifications, images, documentation and firmware. We do not review, monitor or verify that material, and we are not responsible for it or for the practices of the sites that host it. Links are not endorsements. If you leave the Site, Part A stops applying and the terms and privacy practices of the destination apply instead. Purchases you make from a third party are between you and that third party.

12. Product information; no professional advice

Product descriptions, specifications, images, colors, features, weights, dimensions, compatibility statements, availability and pricing come substantially from Manufacturers and distributors. We pass them on in good faith but do not warrant that they are accurate, complete, reliable or current, and your display may not reproduce a Product's actual color or finish. Manufacturers may change specifications, revisions or firmware without notice, and Products may be discontinued.

We may correct any error or omission in a description, specification, availability or price at any time, including after you place an Order. Our rights to decline or cancel an Order, and to cancel an Order priced in error, are set out in sections 19.3 and 20.2.

You are responsible for confirming that the Products you order are suitable for your application, site and existing systems, unless we have agreed in a signed document to design or specify the system for you.

No professional advice. System design guidance, application notes, compatibility charts, configuration recommendations, sample layouts and similar material we publish are general information, not professional engineering, architectural, construction, legal, accounting or security advice, and they do not account for the conditions of your site or the requirements of your jurisdiction. Do not rely on them as a substitute for a design prepared for your project by a qualified professional. Where we provide design or engineering Services, those Services are governed by section 31 or by a separate signed agreement, which defines what we are responsible for.

13. Privacy

Our Privacy Policy explains what personal information we collect, how we use and share it, and the choices and rights you have. It forms part of these Terms. Please read it. The Site is hosted in the United States; if you access it from elsewhere, you understand that your information will be transferred to and processed in the United States.

14. Electronic communications and text messages

When you use the Site, send us email or complete a form, you are communicating with us electronically. You consent to receive communications from us electronically — by email and by notices posted on the Site — and you agree that those communications satisfy any legal requirement that a communication be in writing. You agree to the use of electronic signatures, contracts, Orders and records, and you waive any requirement of an original signature or of non-electronic delivery or retention of records, to the extent the law permits waiver. You may withdraw this consent by writing to us at sales@creationnetworks.net, but we may then be unable to provide some services.

Text messages. If you give us your mobile number and opt in, we may send you text messages about your Order, a service visit or a support case, and — only if you separately agree — marketing messages. Consent to marketing texts is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out, or HELP for help. Carriers are not liable for delayed or undelivered messages.

15. Accessibility

We want the Site to be usable by everyone, and we work toward conformance with [WCAG TARGET]. If you have difficulty using any part of the Site, or need information from it in another format, contact us at sales@creationnetworks.net or 1-888-230-3661and we will help you get what you need and work to fix the problem.

16. Site availability and changes

We may change, suspend, remove or discontinue any part of the Site, including any Content or feature, at any time and without notice. We are not obliged to update information on the Site. We do not guarantee the Site will be available without interruption; maintenance, hardware or software problems, and events outside our control may cause delays, errors or downtime. We are not liable for any loss or inconvenience caused by your inability to access the Site, and nothing in Part A obliges us to maintain, support or update the Site.

This section concerns the Site. It does not affect our obligations for Products you have bought or Services you have contracted, which are set out in Part B or in your signed services agreement.

17. Site disclaimers

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. To the fullest extent permitted by law, we disclaim all warranties in connection with the Site and your use of it, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components.

We assume no responsibility for: errors or inaccuracies in the Content; unauthorized access to our servers or to information stored on them; interruption of transmission to or from the Site; malware transmitted to or through the Site by a third party; or any loss or damage from your reliance on Content obtained through the Site. We do not endorse or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked site, and we are not a party to any transaction between you and a third-party provider.

This section disclaims warranties about the Site. It does not disclaim the warranties we give on Products and Services, which are set out in section 26. Where you are a Consumer and applicable law does not permit the exclusion of implied warranties or of certain damages, the exclusions above apply to you only to the extent the law permits, and you may have additional rights.

Part B — Terms of Sale

Part B governs every sale of Products and Services we make to you, whether you order through the Site, by phone, by email or against a Quote. Part A and Part C also apply. On any question about a purchase, Part B controls over Part A.

18. Quotes

A Quote is an invitation to order, not an offer we are bound by, unless it says otherwise. Unless the Quote states a different period, it is valid for 30 days from its date and expires automatically after that.

A Quote is based on the configuration, quantities, site conditions and schedule described in it. If any of those change, or if a Manufacturer changes a price, specification or availability, or if a currency, tariff, duty or freight cost changes materially before we accept your Order, we may revise or withdraw the Quote. A Quote covers only what it lists; anything not listed — including freight, insurance, taxes, duties, permits, rigging, structural work, electrical work, network provisioning, licenses and recurring fees — is excluded unless stated.

19. Orders and acceptance

19.1 When a contract forms

Your Order is an offer. A contract forms only when we accept your Order — by issuing a written order acknowledgment or by shipping the Products, whichever happens first. An automated order confirmation, payment authorization, or charge to your payment method is not by itself acceptance.

19.2 Your purchase order terms do not apply

Any terms and conditions printed on, attached to, referenced by or linked from your purchase order, vendor portal, supplier registration, invoice-approval workflow or similar document are rejected and have no effect, even if we sign, acknowledge, reference or perform against that document. Our acceptance of an Order is expressly conditioned on your assent to these Terms. Nothing we do in performing an Order is acceptance of your terms. If you require different terms, they must be in a written agreement signed by an authorized officer of Creation Networks.

19.3 Orders we may decline

We may decline, limit or cancel any Order, in whole or in part, at any time before delivery — including where a Product is unavailable or discontinued; where the Order appears to be for resale, or placed by a dealer, reseller or distributor without our agreement; where quantity limits per person, household, account, payment method or address are exceeded; where we suspect fraud or unauthorized use of a payment method; where a price or description was in error; where an export or sanctions screen does not clear; or where we cannot verify the information you gave us. If we cancel an accepted Order, our only obligation is to refund amounts you paid for the cancelled portion.

19.4 Quantities, substitutions and partial shipment

We may ship partially, ship from multiple locations, and have Manufacturers or distributors drop-ship directly to you. We may substitute a Product of equal or better specification where the ordered Product is unavailable, but only with your consent for any substitution that changes function, appearance or interoperability.

19.5 Lead times

Shipping and delivery dates are estimates based on information from Manufacturers and carriers, and are not guaranteed unless a Quote or signed agreement says so expressly. We are not liable for delay, and delay alone is not a breach of these Terms or grounds to cancel an accepted Order for custom, configured or special-order Products. Section 22.5 sets out the separate rules that apply to Consumers.

20. Prices and taxes

20.1 Prices

Prices are in U.S. dollars and exclude shipping, insurance, taxes, duties, tariffs, customs charges, permits and recurring fees unless stated. Prices may change at any time before we accept your Order.

20.2 Pricing errors

Where a Product was listed at an obviously incorrect price, we may cancel the Order before shipment even if we have already charged you. We will tell you promptly and refund you in full, and that refund is your sole remedy. We are not obliged to sell at an incorrect price.

20.3 Taxes and exemption certificates

You are responsible for all sales, use, excise, value-added, gross-receipts, import and similar taxes and duties arising from your purchase, other than taxes on our net income. We will charge sales tax where we are required to collect it. If you claim an exemption — including as a reseller or a tax-exempt entity — you must give us a valid, properly completed exemption or resale certificate before we invoice; otherwise tax will be charged and cannot be credited retroactively except as the taxing authority allows. If a taxing authority later assesses tax on a sale to you, you agree to reimburse us for that tax and any interest and penalties, other than penalties caused by our own failure to remit tax you paid us.

21. Payment and credit

21.1 Methods

Business and public-sector customers may apply for credit terms; where we approve credit in writing, payment is due within the approved period from the invoice date. Approved credit is not a commitment to extend credit on future Orders, and we may reduce or withdraw a credit line at any time on notice.

21.2 Authorization

You agree to give current, complete and accurate purchase and payment information, and to keep it up to date — including your email address, payment method and card expiration date — so that we can complete your transactions and reach you. You authorize us to charge your chosen payment method for all amounts due on your Order, including taxes and shipping, and to obtain a pre-authorization before shipment.

21.3 Late payment

Amounts not paid when due bear interest at 20%, or the maximum rate the law allows if lower, from the due date until paid. You agree to reimburse our reasonable costs of collection, including reasonable attorneys' fees and court costs. We may apply payments to the oldest outstanding invoice, set off amounts you owe us against amounts we owe you, place Orders on hold, suspend Services, or require prepayment or security while any amount is overdue. You may not withhold payment because of a dispute over an unrelated Order.

21.4 Deposits on special items

Custom, configured, special-order and non-stock Products may require a deposit or payment in full at Order, which is non-refundable once we place the corresponding order with the Manufacturer or distributor, except where the Product is defective or we cannot supply it.

22. Shipping, title and risk of loss

22.1 Delivery terms

Unless a Quote or signed agreement says otherwise, domestic shipments are made FOB our shipping point or the shipping point of the Manufacturer or distributor. International shipments are made FCA (Incoterms® 2020) unless we agree a different term in writing.

22.2 Title

Title to Products passes to you on delivery to the carrier, except that we retain a security interest in the Products, and in their proceeds, until we have received payment in full. You authorize us to file any financing statement needed to perfect that interest and agree to sign documents we reasonably request for that purpose.

22.3 Risk of loss — business customers

Risk of loss and damage passes to you on delivery to the carrier. Loss or damage in transit does not relieve you of payment. We will help you pursue a claim against the carrier, and will assign our claim rights to you on request, but the claim is yours to bring.

22.4 Risk of loss — Consumers

If you are a Consumer, risk of loss and damage passes to you when the Products are delivered to you, and we will replace or refund Products lost or damaged in transit as set out in the Refund Policy.

22.5 Shipping delay — Consumers

If you are a Consumer and we cannot ship within the time stated at the point of sale, or within thirty (30) days if no time was stated, we will notify you, offer you the choice of consenting to a revised shipping date or cancelling for a full refund, and refund you promptly if you cancel or if we cannot ship at all.

22.6 Freight and delivery details

Freight charges shown at checkout or on a Quote cover standard curbside or dock delivery of the shipment described. Inside delivery, lift-gate service, appointment scheduling, rigging, crane service, unpacking, debris removal, storage, redelivery after a missed appointment, and delivery to a site without a loading dock or with restricted access are additional and chargeable. You are responsible for providing accurate delivery information, adequate access, and a person authorized to receive and sign for the shipment.

22.7 Storage

If you ask us to hold Products, or if delivery is delayed for a reason attributable to you, we may invoice the Products as of the date they were ready and charge reasonable storage, handling and insurance. Risk of loss for stored Products passes to you when we notify you they are ready.

23. Inspection, shortages and transit damage

Please inspect every shipment on arrival, before signing the carrier's delivery receipt.

Visible damage or shortage. Note it on the delivery receipt before signing, keep all packaging, photograph the damage, and tell us within five (5) business days of delivery at sales@creationnetworks.net.
Concealed damage. Tell us within fifteen (15) calendar days of delivery, keep all packaging, and photograph the carton and contents.
Wrong or missing item. Tell us within five (5) business days of delivery.

Products are deemed accepted if you do not notify us within these periods, except for a defect that could not reasonably have been discovered by inspection, and except where a longer period is required by law or by the return window in section 24. Failing to note damage on the delivery receipt or discarding packaging may prevent a carrier claim and may reduce or eliminate what we can recover for you.

Acceptance under this section relates to quantity and condition on arrival. It does not waive your rights under the Manufacturer's warranty (section 26) or the Refund Policy.

24. Returns, cancellations and restocking

Returns are governed by our Refund Policy, which forms part of these Terms. The key points, which the Refund Policy states in full:

A Return Authorization (RA) number is required before you return anything. Request one at sales@creationnetworks.net. Shipments received without a visible RA number may be refused or held at your expense.
Return window: thirty (30) days from delivery for eligible Products; seven (7) to fourteen (14) days for open-box and refurbished Products, as stated in the listing and on your invoice.
Restocking fee: a fee of up to twenty percent (20%) applies to most returns. Missing accessories, cabling, manuals or original packaging, or use or damage beyond inspection, may increase the fee or make a Product non-returnable.
Non-returnable: special-order, custom, configured, closeout, discontinued and clearance Products; opened software and licenses; consumables including tape, gel and lamps; books; and service parts — unless the Product was defective on arrival or we shipped the wrong item.
Return shipping: you pay shipping both ways on returns, except where the return results from our error or a Product that was defective on arrival, in which case we pay.
Products must be returned complete, in original packaging where possible, adequately packed, and insured.

Order cancellation. You may cancel an accepted Order without charge only before we have shipped it or placed a corresponding order with a Manufacturer or distributor. After that, cancellation is subject to the restocking fee and to any Manufacturer cancellation charge, and Products described as non-returnable above cannot be cancelled. Services already performed and expenses already incurred are chargeable.

If you are a Consumer, nothing in this section limits any right of return or refund that applicable law gives you, and where the law gives you a better right, that right applies.

25. Condition of Products

We sell Products in more than one condition. The condition applicable to your Product is stated in the listing or Quote and on your invoice.

New. Factory-sealed, sold with the Manufacturer's standard warranty for a new unit where one is offered.
Open box. A unit whose packaging has been opened and which may have been displayed, powered on or returned unused. Fully functional, but cosmetic condition, packaging, accessories, cabling and documentation may differ from new.
Refurbished. A unit that has been inspected, tested and returned to working order, by the Manufacturer or by us. Cosmetic wear is normal. Accessories, cabling, mounts, remotes and documentation may be substituted or absent.
Closeout, discontinued or clearance. Current or prior-generation Products sold as-is at a reduced price. Availability of spares, firmware updates and Manufacturer support may be limited or ending.

For open box, refurbished, closeout and discontinued Products: the return window in section 24 is shortened as stated there; consumable and wear items are not covered; the Manufacturer's warranty may be shorter, different, or unavailable; and section 28 explains what happens to support entitlements. Where we describe a Product as sold “as-is”, that description appears in the listing and on the invoice, and no warranty is provided by us on that unit beyond conformity to its stated description and any warranty that cannot be excluded by law.

We source Products through authorized channels wherever available and do not knowingly sell counterfeit, cloned or misrepresented equipment. Where a Product is sourced outside the Manufacturer's authorized channel, we will tell you before sale, because it can affect warranty, firmware and support eligibility. If you believe a Product you received is counterfeit or not as described, tell us and we will investigate and, where confirmed, refund or replace it and pay return shipping.

26. Warranties

26.1 Manufacturer warranties

Products are covered by the Manufacturer's warranty, if any. That warranty is given by the Manufacturer, not by us, and it is the warranty that applies to the Product. Its terms, duration, remedies and claim process are the Manufacturer's, and we will help you identify and open a claim. Warranty coverage on open box, refurbished, closeout and out-of-channel Products may be shorter than, different from, or unavailable compared with a new unit; the listing and invoice state what applies.

26.2 Our warranty

We warrant that Products will be as described in the listing or Quote in respect of model, condition and quantity on delivery, and that Services we perform will be performed in a workmanlike manner in accordance with the applicable Quote or statement of work.

26.3 Disclaimer

Except as stated in sections 26.1 and 26.2, and to the fullest extent permitted by law, we disclaim all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that any Product will meet your requirements, interoperate with equipment we did not supply, or operate without interruption or error, unless we have agreed that in a signed document.

26.4 Where the law says otherwise

Where you are a Consumer and applicable law does not permit the exclusion or limitation of implied warranties, the disclaimer in section 26.3 does not apply to you, and any implied warranty is limited in duration to the shortest period the law permits. Nothing in these Terms affects rights you may have under the Magnuson-Moss Warranty Act or the California Song-Beverly Consumer Warranty Act, and nothing in these Terms disclaims an implied warranty in circumstances where we have given you a written warranty on a consumer product or entered into a service contract with you covering it. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so some of the above may not apply to you, and you may have additional rights.

26.5 Warranty exclusions

No warranty covers damage or failure caused by: misuse, abuse, accident, neglect or vandalism; installation or wiring not performed to the Manufacturer's specification; electrical surge, lightning, water, heat, humidity, dust or pest damage; use outside the Manufacturer's stated environmental or electrical limits; unauthorized modification, opening or repair; removal of serial numbers or asset tags; consumables and wear items; or normal cosmetic wear.

27. Software and firmware

Buying hardware does not buy you a software license. Software, firmware and embedded code supplied with or in a Product, and any software Product we sell, are licensed, not sold, by the Manufacturer under its own end-user license agreement, and your use of them is governed by that agreement, not by these Terms. By using a Product you accept the applicable Manufacturer license. We are not a party to it, and it may give you fewer or different rights than these Terms give you in respect of hardware.

You acknowledge, in particular, that:

Manufacturer licenses are frequently non-transferable, so a license held by a previous owner may not pass to you on a second-hand, open-box, refurbished or out-of-channel Product;
feature keys, activation codes, seat licenses, cloud tenancies and subscription entitlements may require registration in the end user's own name with the Manufacturer, may require a license transfer the Manufacturer must approve and may refuse, and may carry a Manufacturer fee;
access to firmware updates, security patches, configuration tools and cloud management portals may require an active Manufacturer support contract or a registered, in-channel serial number, and may be unavailable on end-of-life Products;
some Products need a subscription to remain functional, and that subscription is separate from the purchase price unless the listing or Quote says it is included.

We do not warrant that any software license, feature key, entitlement or subscription is transferable to you or will be honored by the Manufacturer, and we are not liable if a Manufacturer refuses to transfer or register one, except that if we described a license or entitlement as included and it turns out not to be available, you may return the Product under section 24 with no restocking fee, or we will refund the portion of the price attributable to it. If we tell you before sale that a Product carries no transferable license or support entitlement, that Product is sold on that basis.

You may not copy, modify, reverse engineer, decompile, disassemble or create derivative works from any software or firmware, except to the extent the Manufacturer's license or applicable law expressly permits, and you may not remove or alter any proprietary notice.

28. Manufacturer support entitlements

Manufacturer support and service contracts — and any equivalent program offered by a Manufacturer — are sold and delivered by the Manufacturer under the Manufacturer's terms. Where we resell one, we transmit your registration to the Manufacturer; the Manufacturer, not us, provides the service.

Support entitlement does not automatically follow the hardware. On second-hand, open-box, refurbished, closeout and out-of-channel Products, the Manufacturer may decline to transfer existing coverage, may require an inspection or recertification fee before coverage can begin, or may refuse coverage altogether. Where we know a Product is not eligible for Manufacturer support, we will say so before sale. Otherwise we do not warrant eligibility, and you should confirm it with the Manufacturer before you rely on it for a critical system.

Our own Support Plans are described in section 29 and are separate from any Manufacturer contract.

29. Support Plans and automatic renewal

This section applies to every Support Plan we sell, including maintenance, remote monitoring, extended coverage and managed-service subscriptions.

29.1 What you are agreeing to

Before you buy a Support Plan we will tell you clearly, and in the confirmation we send you: what the Plan covers; the initial term; the price and billing frequency; that the Plan renews automatically at the end of each term until you cancel; the renewal price if it differs; and how to cancel. We will obtain your express affirmative consent to those automatic-renewal terms separately from your consent to anything else in the transaction, and we will keep a record of that consent.

29.2 Renewal and reminders

Unless you cancel, a Support Plan renews for a further term of the same length at the then-current price. We will send you, by the same means you used to sign up:

at least once a year, a reminder identifying the Plan, the billing frequency and amount, and how to cancel;
for any Plan with a term of one year or longer, a notice between fifteen (15) and forty-five (45) days before renewal stating the renewal date, the renewal term, the amount, how to cancel and our contact details;
for any price increase, a notice between seven (7) and thirty (30) days before it takes effect, stating the new amount, when it applies and how to cancel;
for any free or promotional period longer than thirty-one (31) days that converts to a paid Plan, a notice between three (3) and twenty-one (21) days before the conversion.

29.3 How to cancel

You may cancel a Support Plan at any time, effective at the end of the then-current term. If you signed up online, you may cancel entirely online at — without talking to anyone — or by emailing sales@creationnetworks.net from the address on your account. You may also cancel by phone at (888) 230-3661 during business hours; we will answer promptly, and a request left on voicemail is processed no later than the next business day. However you signed up, you may cancel by the same means.

Cancellation takes effect at the end of the current term unless we agree otherwise; we do not pro-rate a term already paid for unless the law requires it or the Plan says so. Cancelling a Support Plan does not cancel a Manufacturer support contract, which must be cancelled with the Manufacturer under its terms.

29.4 Records

We keep records of your consent to the automatic-renewal terms, the disclosures we gave you, and your cancellation, for at least three years or one year after termination of the Plan, whichever is longer.

29.5 If we get it wrong

If we bill you for a renewal without having given you a disclosure or notice this section requires, tell us and we will refund the charge. Nothing in this section limits any right you have under the California Automatic Renewal Law, the Restore Online Shoppers' Confidence Act, or any other applicable automatic-renewal law.

30. Demonstration and loaned equipment

Equipment we lend you for evaluation, demonstration or as a temporary replacement remains our property. You will keep it insured for its replacement value, use it only for its intended purpose and in accordance with the Manufacturer's instructions, not modify or relabel it, and return it by the agreed date in the condition received, complete with all accessories and packaging. Risk of loss and damage rests with you while the equipment is in your possession. If it is not returned on time, or is returned damaged or incomplete, we may invoice you for the shortfall or for its full list price.

31. Installation and other Services

Where a Quote or statement of work includes Services, those Services are provided under the applicable signed services agreement or statement of work. Where none exists, the following minimum terms apply and these Terms otherwise govern.

You will provide: safe, timely and adequate access to the site; a site that is ready for our work, including structural, electrical, pathway, network, HVAC and finish work not in our scope; accurate information about existing systems, credentials and as-built conditions; and secure storage for materials. Charges apply for standby time, return visits, and work outside normal business hours where the site is not ready or access is not available. You are responsible for permits and approvals unless our Quote says we will obtain them, and for the condition and performance of equipment you furnish.

Scope changes must be documented in a written change order, priced and authorized before we perform them; field instructions given verbally do not change scope or price. We warrant our workmanship for ninety (90) days from completion unless a Quote or signed agreement states a longer period; that warranty covers labor to correct defective workmanship and is separate from the Manufacturer's warranty on Products. Low-voltage and related work is performed under our applicable licenses, including California contractor's license no. CA C7 · 1044233. We maintain commercial general liability, automobile, workers' compensation and, where applicable, professional liability insurance, and will provide certificates on request. Prevailing wage, certified payroll and related requirements apply only where the Quote states that the project is a public work.

Services that involve remote access to your systems — including monitoring and managed services — require a separate written agreement covering access, credentials, security responsibilities, subprocesses, incident notification and data handling. We will not access your network for those purposes without one.

32. Export control and international orders

Products, software, technology and Services we supply are subject to United States export control and sanctions laws, including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control, and may be subject to the import laws of the destination country. Many audiovisual, networking and conferencing Products contain encryption and are controlled on that basis.

You represent, warrant and agree that:

you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions or embargo, and you are not owned or controlled by any such person;
you are not, and no party to the transaction is, listed on the Specially Designated Nationals and Blocked Persons List, the Entity List, the Denied Persons List, the Unverified List, the Debarred List or any other restricted-party list maintained by the U.S. government;
you will not export, re-export, transfer, divert or otherwise dispose of any Product, software or technology in violation of applicable export control or sanctions law, and you will not supply it to any restricted party or for any prohibited end use, including nuclear, chemical or biological weapons, missile technology, or unlawful military or surveillance use;
on request, you will give us the destination country, the end user and the end use of the Products, and any documentation we reasonably need for compliance, including an end-user statement.

We may screen any Order, party or destination and may delay, hold, refuse or cancel any Order or shipment, and withhold delivery of software, licenses or updates, without liability, where we determine that proceeding may not comply with applicable export control, sanctions or trade law, or where a required government authorization has not been obtained. Where we cancel on this basis, our only obligation is to refund amounts you paid for the cancelled portion.

For international shipments, unless we agree otherwise in writing: you are the importer of record; you are responsible for import licenses, customs clearance, duties, tariffs, taxes and destination-country compliance, including any local product-approval, radio, electrical or safety certification; and you bear risk of loss from the point stated in section 22.1. We do not warrant that a Product complies with the technical, regulatory or certification requirements of any country other than the United States, or that a Manufacturer's warranty is honored outside the country of original sale. Returns from outside the United States require an RA number and prior written agreement on freight, duties and drawback.

33. Government and public-sector orders

33.1 Flow-down clauses

We are glad to sell to federal, state, local and educational buyers. However, clauses required by the Federal Acquisition Regulation, its supplements, or any state or local procurement code apply to a sale only where we have expressly agreed to them in a document signed by an authorized officer of Creation Networks. A flow-down clause included in, referenced by or linked from your purchase order, solicitation or vendor portal does not apply merely because we accept or perform against that order. Tell us which clauses you require before you order, and we will tell you which we can accept.

33.2 Country of origin

Unless our Quote expressly states otherwise, we make no representation that any Product complies with the Trade Agreements Act, the Buy American Act, Section 889 of the FY2019 National Defense Authorization Act, or any similar domestic-preference or supply-chain restriction. Country of origin is determined by the Manufacturer and can change between production runs. If compliance matters for your procurement, tell us before you order and we will confirm in writing what we can supply.

33.3 Contract vehicles

Where a purchase is made under a contract vehicle we hold the terms of that vehicle control over these Terms for that purchase, to the extent of any conflict.

34. Your compliance obligations

You agree to comply with all laws applicable to your purchase and use of the Products and Services, including export control and sanctions law, anti-bribery and anti-corruption law (including the Foreign Corrupt Practices Act), privacy and surveillance law, and any law governing the recording or monitoring of audio or video. You are responsible for obtaining any consent required to record, stream or monitor people using systems you buy from us. You represent that no payment or benefit has been or will be offered to any government official in connection with your purchase.

Part C — Provisions applicable to both parts

Part C applies to your use of the Site and to your purchases alike. It is set out once so that the same rules on liability, disputes and notices govern both, rather than two competing versions.

35. Indemnification

You agree to defend, indemnify and hold harmless Creation Networks and its affiliates, and their officers, directors, employees and agents, from and against any third-party claim, demand, loss, liability, damage, fine, penalty or expense (including reasonable attorneys' fees) arising out of or relating to:

your use of the Site in breach of these Terms, or content you submit;
your breach of these Terms;
your use, resale, export, modification or misuse of a Product or Service;
your failure to obtain a consent, permit or license that was your responsibility, including any consent required to record, stream or monitor audio or video;
your violation of applicable law or of any third party's rights, including intellectual property, export control, sanctions or privacy law;
site conditions or equipment you furnished; or
your negligent or intentional misconduct.

We will notify you of any such claim once we become aware of it. We may participate in the defense with our own counsel at our expense, and we may assume the exclusive defense and control of any matter subject to indemnification at your expense, in which case you agree to cooperate. You may not settle any claim in a way that imposes an obligation on us, restricts our business, or admits fault on our behalf, without our written consent.

This section does not apply to a claim that a Product as supplied by us infringes a third party's intellectual property rights, for which your recourse is against the Manufacturer under its warranty and any indemnity it provides.

36. Limitation of liability

36.1 Excluded damages

To the fullest extent permitted by law, and except as section 36.3 provides, neither we nor our officers, directors, employees, agents or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business or contracts, loss of use, loss of data, cost of substitute goods or services, business interruption, downtime or loss of goodwill, arising out of or relating to these Terms, the Site, any Order, or any Product or Service — even if advised of the possibility, and regardless of the theory of liability. This exclusion does not apply to your obligation to pay amounts due, or to your obligations under section 35.

36.2 Caps

Our total aggregate liability is capped as follows:

Claims relating to the Site or Part A — the greater of (a) the amounts you paid us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
Claims relating to a purchase, a Product, a Service or a Support Plan — the greater of (a) the amounts you paid us for the Products or Services giving rise to the claim in the twelve (12) months before the event giving rise to it, or (b) one hundred U.S. dollars (US$100).

Where a signed agreement between us states a different cap for a transaction, that cap applies to that transaction instead.

36.3 What is never limited

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, for willful injury to the person or property of another, for gross negligence, for death or personal injury caused by negligence, or under any applicable product liability law. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages; where those laws apply to you, some or all of sections 36.1 and 36.2 may not apply, and you may have additional rights.

36.4 Allocation of risk

You acknowledge that the prices we charge reflect the allocation of risk in this section, and that we would charge materially more without it. This section survives any failure of an exclusive remedy.

37. Force majeure

Neither party is liable for delay or failure to perform, other than a payment obligation, caused by an event beyond its reasonable control — including natural disaster, fire, flood, severe weather, epidemic, war, civil unrest, terrorism, labor dispute, government action, embargo or change in export law, tariff or trade restriction, utility or telecommunications failure, cyberattack, carrier or port disruption, or shortage or allocation of components, materials or transport, including a Manufacturer's failure or inability to supply. The affected party will notify the other promptly, use reasonable efforts to mitigate, and resume performance as soon as practicable. Delivery dates are extended by the length of the event. If the event continues for more than ninety (90) days, either party may cancel the affected part of the Order, and we will refund amounts you paid for undelivered Products other than non-cancellable custom or special-order items.

38. Suspension, termination and survival

Your account and the Site. We may suspend or terminate your access to the Site or your account, in whole or in part, if you breach these Terms, if we reasonably suspect fraudulent, abusive or unlawful activity, if required by law, or if we discontinue the Site. Where circumstances reasonably allow, we will give you notice and an opportunity to cure. If we terminate your account for breach, you agree not to open another without our written consent.

Orders and Services. We may suspend performance, withhold shipment, suspend Services or terminate an Order if you fail to pay when due, if you breach these Terms and do not cure the breach within ten (10) days of notice, if you become insolvent or subject to an insolvency proceeding, or if an export or sanctions screen does not clear. On termination, all amounts owed become immediately due, and we may repossess Products in which we hold a security interest, to the extent the law permits.

Termination of your account does not affect Orders already accepted, which continue to be governed by these Terms, and does not relieve you of amounts owed. We may retain and use information as our Privacy Policy describes, and may pursue any legal remedy available to us.

Survival. Sections 7, 9, 13, 17, 20.3, 21.3, 22.2, 26, 27, 28, 32, 34, 35, 36, 38, 39, 40, 41 and 42 survive termination, along with any other provision that by its nature should survive.

39. Governing law

These Terms, each Order and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of section 40. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

40. Dispute resolution and arbitration

Please read this section carefully. It applies to disputes about the Site and about purchases alike. It requires most claims to go to individual arbitration rather than to a court or a jury, and it gives you a right to opt out. “Dispute” is defined in section 2.

40.1 Informal resolution first

Before starting an arbitration or a court proceeding, the party raising a Dispute must send the other a written Notice of Dispute describing the claim, the facts behind it, any Order or invoice it concerns, and the relief sought. Send yours to Creation Networks, Inc., Attn: Legal, sales@creationnetworks.net, with a copy to sales@creationnetworks.net. We will send ours to the contact details on your account or Order, so please keep them current. Both parties will then try in good faith to resolve the Dispute for sixty (60) days from receipt of the notice, and either party may request an individual telephone or video settlement conference during that period. This step is a condition precedent to arbitration; the period in section 40.6 is tolled while it runs.

40.2 Binding arbitration

If the Dispute is not resolved within that sixty-day period, it will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules, available at adr.org. You and we are giving up the right to sue in court and to have a trial by jury.

Arbitration fees and your share of the arbitrator's compensation are governed by the applicable AAA rules; where those rules or applicable law require, or where the arbitrator finds the costs would be prohibitive for you, we will pay them. The arbitration may proceed on documents, by telephone or video, or in person; any in-person hearing will take place in Contra Costa County, California, or another location you and we agree, or as the applicable AAA rules require. The arbitrator must apply the law and these Terms, will issue a written decision, and may award any relief a court could award to the claiming party individually. Either party may ask a court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on an award.

40.3 Questions about this section

The arbitrator has authority to decide the arbitrability, scope, validity and enforceability of this section 40, except that a court decides (a) whether section 40.4 has been breached and (b) any challenge to the enforceability of section 40.4 itself.

40.4 Individual claims only

Arbitration is limited to the Dispute between you and us individually. To the fullest extent permitted by law: no arbitration may be joined or consolidated with another without the written consent of all parties; no Dispute may be arbitrated on a class, collective or class-arbitration basis; and no party may bring a Dispute in a representative capacity on behalf of the general public or any other person. If a court finds this paragraph unenforceable as to a particular claim or request for relief, that claim or request is severed and heard in court under section 39, and the rest of this section 40 continues to apply to all other claims.

40.5 Coordinated filings

If twenty-five (25) or more Notices of Dispute raising substantially similar claims are submitted by or with the assistance of the same counsel or coordinated persons within a ninety-day period, the AAA's Mass Arbitration Supplementary Rules, or the AAA's then-current procedures for multiple similar filings, apply, and both parties agree to the staged process and fee schedule those rules provide. The parties will work with the AAA in good faith to sequence cases so that early determinations can inform the rest.

40.6 Time limit

Any Dispute must be commenced within one (1) year after the cause of action accrues, or the claim is permanently barred — except where applicable law does not permit shortening the limitations period, in which case the shortest period the law permits applies.

40.7 Exceptions

This section 40 does not apply to: (a) a claim brought individually in small-claims court, so long as it stays there; (b) a claim to enforce, protect or determine the validity of intellectual property rights; (c) a claim arising from allegations of theft, piracy, unauthorized access or invasion of privacy; (d) a request for injunctive or other equitable relief, including to stop unauthorized use or abuse of the Site, to enforce our security interest, or to recover Products or loaned equipment; or (e) our action to collect amounts owed. Either party may bring such a claim in the state or federal courts located in Contra Costa County, California, and both parties consent to the personal jurisdiction and venue of those courts and waive any objection based on forum non convenience.

40.8 Your right to opt out of arbitration

You may opt out of sections 40.2 through 40.5 within thirty (30) days of first accepting these Terms. Send your name, your account email address and a clear statement that you decline the arbitration agreement to [LEGAL EMAIL], or by mail to Creation Networks, Inc., Attn: Legal — Arbitration Opt-Out, [LEGAL NOTICE ADDRESS]. Opting out affects nothing else in these Terms, does not affect your pricing or your Orders, and will not cause us to retaliate against you. If you opt out, Disputes will be resolved in the courts identified in section 40.7.

40.9 Changes to this section

If we change sections 40.2 through 40.8 after you accept these Terms, you may reject the change by writing to [LEGAL EMAIL] within thirty (30) days of the change taking effect, in which case the version of this section 40 you last accepted continues to govern Disputes between us.

41. Notices

Formal notices to us must be in writing and sent to Creation Networks, Inc., Attn: Legal, [LEGAL NOTICE ADDRESS], with a copy by email to [LEGAL EMAIL]. Notice is effective on receipt, or on the third business day after mailing by a nationally recognized overnight courier, whichever is earlier.

Notices to you may be sent to the email or postal address on your account or Order, or posted on the Site where you have no account, and are effective when sent or posted. You agree to keep your contact details accurate and current for this purpose.

Orders and quotes: [ORDERS EMAIL] · (888) 230-3661
Returns and RA numbers: sales@creationnetworks.net
Support plans: sales@creationnetworks.net
Legal: sales@creationnetworks.net
Creation Networks, Inc., 1001 Shary Circle, Suite 1 Concord, CA 94518

California residents. If a complaint is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

42. General

Entire agreement. These Terms, together with any Quote, our order acknowledgment, the Privacy Policy and the policies incorporated by reference in section 1.2, are the entire agreement between you and us on their subject matter and supersede any prior or contemporaneous proposal, negotiation or representation, whether oral or written.

No reliance. Except for the express warranties in section 26, you have not relied on any statement, sample, model, demonstration, drawing or advertisement in deciding to buy.

Severability. If any provision is held unlawful, void or unenforceable, it is severed to the minimum extent necessary and the remaining provisions stay in force. Section 40.4 has its own severability rule.

No waiver. A failure to exercise or enforce any right or provision is not a waiver of it, and no waiver is effective unless in writing.

Assignment. We may assign these Terms or any Order, in whole or in part, to an affiliate or in connection with a merger, acquisition or sale of assets, and may use subcontractors, distributors and Manufacturers to perform. You may not assign or transfer these Terms, your account, an Order, or any warranty or Support Plan without our prior written consent, and any attempted assignment without it is void.

Relationship. Nothing in these Terms creates a joint venture, partnership, franchise, employment or agency relationship, and neither party may bind the other. You are not appointed a dealer, reseller or distributor of any Product or Manufacturer.

No third-party beneficiaries. These Terms are for the benefit of you and us only. Manufacturers are not parties to them, and nothing here gives you rights against a Manufacturer beyond those its own warranty and license give you.

Headings and interpretation. Headings are for convenience only and do not affect interpretation. These Terms will not be construed against us merely because we drafted them.

Electronic form. You agree that these Terms, Quotes, acknowledgments, invoices and notices may be delivered and signed electronically, and you waive any defense based on their electronic form or the absence of handwritten signatures.

Attorneys' fees. In any proceeding to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, to the extent the law and the applicable rules permit.