TERMS OF USE AND POLICIES

[Updated July 23, 2020]

1. INTRODUCTION

Welcome to www.santronics.net (the “Website“). The Website is owned and operated by Santronics, Inc. (“Santronics“, “us” or “we“).

PLEASE READ THESE TERMS OF USE AND POLICIES CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use and Policies. If you do not agree to these Terms of Use and Policies, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services.

2. PRIVACY POLICY

We are committed to treating the personal and business information of our Site users, customers, affiliates, and vendors with respect and sensitivity. 

As our services evolve and we perceive the need or desirability, we may from time to time amend this Privacy Policy.  We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

This Privacy Policy describes how we collect, use, and share information about visitors to our website at www.santronics.net, attendees of our courses/programs/webinars, individuals who contact us to purchase materials or request information, and other users of our services.  The Website and our other programs and services are the “Services.”  This Privacy Policy (together with our Terms of Use and any other policies referenced) identifies how we will collect and process any personally identifiable information, such as your name, email, address, financial account information, etc.,  that we collect from you, or that you provide to us.

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our Terms of Use and Policies, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

Santronics uses Secured Sockets Layer (SSL) technology to ensure the privacy of your personal information. When you make an online purchase, this advanced security technology encrypts and scrambles your personal data (including your name, delivery and e-mail addresses and credit card number) before it is sent to us, making it virtually impossible for anyone other than Santronics to access that information.   Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. Unless specifically authorized by you, no outside party is able to access or receive any of your personal customer information.

By providing your Personal Information to us in any format (e.i., via email, telephone, fax, or in person) and/or continuing to use any of our services or visiting our Site you accept and consent to the practices described in this Privacy Policy.

WHAT PERSONAL INFORMATION DOES THE COMPANY COLLECT?

We collect personal information that you enter on our Site or otherwise volunteer to us when you contact us to, among other things, make purchases, request information, or register for or attend our courses, programs, and webinars.  You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.  For purposes of this Policy, “Personal Information” means information (whether stored electronically or in paper based filing systems) relating to a living individual who can be identified from that data (or from that data and other information in our possession).

INFORMATION YOU GIVE US

When you contact us through our Site, or by corresponding with us by phone, e-mail, or otherwise, or attend a Santronics event (i.e., a course, program, seminar, or other event in-person or online), we may collect Personal Information including:

  • Identifiers :  name, address, email, and phone; for current or prospective customers, affiliates, suppliers, and subcontractors, personal information such as social security number, federal tax ID number, or other relevant information, as applicable or required by U.S. laws;

  • Other Data:  credit card and account information collected when you purchase products or services; self-assessment data and results, such as information you input when taking self-assessment quizzes, tests, and the like;

  • Professional Data :  for those considering careers with Santronics, professional data and education information such as resumé or C.V., salary history, education history, citizenship information, and position sought, as applicable and allowed by U.S. laws; 

  • Education Information :  as needed for participation in programs and live events;

  • Inferences :  Personal information about your goals and aspirations for our products, services, and live and on-line events, or inferences derived from that information;

 

HOW DOES THE COMPANY USE PERSONAL INFORMATION?

We will use information you give us:

  • to provide you with the Services and/or Products that you request from us;

  • to carry out our obligations arising from any contracts entered into between you and us, or between you and our promoters, affiliates, or distributors;

  • to contact you in the future to provide you with information about other products and services we offer, or that are offered by our affiliates or third party vendors;

  • to notify you about changes to our Services;

  • to comply with applicable laws and regulations;

  • to assess your suitability for participation in our in-person and/or online events, and to determine additional Santronics materials, services, or events to recommend and market to you;

  • for training purposes, quality assurance, and to record details about the products and services you order from us;

  • to make inquiries about you for credit reference purposes;

  • to perform data analyses (including anonymization and aggregation of Personal Information);

  • for prospective employees, to respond to and process your job application and CV.

 

We will use information we collect from you:

  • to provide targeted advertising and marketing services;

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;

  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

  • as part of our efforts to keep our site safe and secure.

 

DO WE SHARE YOUR PERSONAL INFORMATION WITH ANY THIRD PARTIES?

Santronics does not sell your Personal Information to any third parties.  To provide our Services, we sometimes disclose Personal Information to service providers for business purposes.  By law, we are required to disclose your Personal Information to community colleges collaborating with us in the marketing and certification process for our  technician training programs, and they sometimes collect your Personal Information in the first instance and then provide it to us.

Our service providers, affiliates, and partners are  contractually obligated to comply with all applicable laws, and all such third parties use your Personal Information only on behalf of Santronics and under the instructions of Santronics on how your information may be used and processed.  Santronics takes reasonable steps to ensure these third parties use your Personal Information only for the purposes for which they have been engaged by Santronics, that they do not share or sell your Personal Information to anyone else.

By using our Services and sharing your Personal Information, you agree that we have the right to share the categories of Personal Information we collect, as identified herein with our service providers and affiliates for the following business purposes:

  • Sales – for the purpose of fulfilling requests from you to purchase goods and services from our Site or at our events;

  • Targeted advertising – to provide advertising of Santronics programs and services on other Sites and platforms;

  • Marketing – for the purpose of direct marketing of goods and services offered by Santronics and our affiliates that you may be interested in;

  • Self-Assessment testing – for administering and providing self-assessment testing services;

  • Cloud services – for provision of cloud storage services;

  • Contractual performance – for the performance of any contract we enter into with you, or they enter with you on behalf of Santronics;

  • Web analytics — analytics and search engine service providers that assist us in the improvement and optimization of our site;

 

We may also disclose your personal information to third parties in the following circumstances:

  • In the event that we sell or buy any business or assets, in which case we will disclose your Personal Information to the prospective seller or buyer of such business or assets as part of the purchase, transfer, or sale of services or assets;

  • If we sell all or substantially all of our assets to a third party, in which case personal information about our customers will be one of the transferred assets;

  • If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or any lawful request by public authorities (including to meet national security or law enforcement requirements), or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of us, our customers, or others.

 

Whenever we share information with third parties, we will take steps to ensure that the third parties put in place adequate measures to safeguard your Personal Information, and they will be required to use any Personal Information for only the intended purpose for which it was shared.

STORAGE OF YOUR PERSONAL INFORMATION

 

Santronics uses reasonable and appropriate measures to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing undertaken and the nature of the Personal Information we collect.  We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out herein.  This period will vary depending on your interactions with us.  We may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim.

You may unsubscribe from any of our online e-mail updates and marketing by following the unsubscribe instructions in the body of any e-mail message we have sent to you.  We will take commercially reasonable steps to implement your unsubscribe requests promptly, but you may still receive promotional information from us by mail for up to 60 days, and up to 10 days for e-mail.  You may also continue to receive information from those third parties to whom we have previously disclosed your Personal Information.

Please note that when you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.

ACCESS TO OTHER WEBSITES

 

Our Site may include links to and from other websites of our partner networks and affiliates.   If you follow a link to any of these websites, please note that these websites are not covered by this Privacy Policy.  We are not responsible for the privacy practices of any third parties or the content of linked sites, although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or websites.  This Privacy Policy only applies to how Santronics deals with your Personal Information, and it does not apply to any other company/organization or any other company’s websites even if you access them via our Site.  Please check those websites’ policies before you submit any Personal Information to them.

 

PROTECTING CHILDREN’S PRIVACY

We are strongly committed to protecting the safety and privacy of children who visit our Site. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.  Neither our products nor our services are intended for children. We market our products and services only to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only under the supervision of a parent or legal adult guardian. If you become aware that a child (based on the jurisdiction where the child lives, which in the United States means someone under the age of 13) has provided us with Personal data without parental consent, please contact us. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

CONDITIONS OF USE AND CHANGES TO OUR PRIVACY POLICY

If you choose to visit our Site and attend our events, your visit and any dispute over privacy is subject to this Notice and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of New Jersey.  If you have any concern about our privacy practices, please contact us with a thorough description, and we will try to resolve it. As our business changes, our Privacy Policy and Terms of Use may change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Site frequently to see recent changes.  Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

 

3. COOKIES POLICY

Like many web sites, we use “cookies” and we obtain certain types of information when you access our Site, or our advertisements, or other content provided by us or by others on our behalf from other sites.  www.santronics.net does not use cookies or any other means to obtain our customers personal information other than what they choose to submit on our site.  All information is collected lawfully and in accordance with the Data Protection Act of 1998. 

  • We use cookies where they are essential for the operation of our Site, such as to enable you to use our shopping basket function when purchasing products and services.

  • We use cookies to allow our Site to uniquely identify your browsing session, which allows us to coordinate this information with data from our website server.

  • We use “analytics” cookies, which, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our Site and which parts of our Site are most popular. This helps us gather feedback so that we can improve our Site and offer the best user experience.

  • We also use cookies to record your visit to our Site, the pages you have visited, and the links you have followed. We will use this information to make our advertising more relevant to your interests.

 

WHAT ARE COOKIES?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, a computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies.  For further details on cookies, please visit All About Cookies where you can find comprehensive information on cookies and similar technologies, www.allaboutcookies.org.

 

YOUR CONSENT TO THE USE OF COOKIES ON OUR SITE

By continuing to use our Site, you are deemed to consent to our use of the cookies as indicated in this Policy.  If you do not consent to Santronics using cookies as indicated in this Policy, then you may block our use of cookies as described in the following section.

BLOCKING THE  USE OF COOKIES

You can block cookies through settings in your browser.  Because these settings are different in different browsers, we recommend that you visit All About Cookies at www.allaboutcookies.org, where you can find comprehensive information on cookie management and blocking for a wide variety of browsers.  If you choose to block our use of cookies on this Site, some aspects of the Site may not work properly, you may not be able to access all or part of our Site, and you may not be able to use all of the features available.

 

4. CONSIDERATION

You agree that these Terms of Use and Policies are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

5. RESTRICTIONS ON USE

All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

 

6. USE AND PROTECTION OF PASSWORD AND ID

Santronics will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and Santronics shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND SANTRONICS, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

 

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify Santronics of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

 

7. SYSTEM REQUIREMENTS

Use of  certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3/MP4 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). Santronics may, at any time and from time to time, at its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to Santronics.

 

8. SUBMISSIONS

You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

9. CONTENT LINKED TO THE WEBSITE

You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

10. DISCLAIMER OF WARRANTIES

THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

 

13. PURCHASES, PAYMENTS, RETURNS AND REFUND POLICY

Santronics uses Secured Sockets Layer (SSL) technology to ensure the privacy of your personal information when you make an online purchase.  This advanced security technology encrypts and scrambles your personal data (including your name, delivery and e-mail addresses and credit card number) before it is sent to us, making it virtually impossible for anyone other than Santronics access that information.   

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you.  All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

PAYMENTS

www.santronics.net only accepts credit cards issued in the United States with U.S. addresses. www.santronics.net accepts all major credit cards, including Visa®, MasterCard®, Discover®.  Please be sure to provide the exact billing address and phone number as it appears on your credit card statement and include the phone number registered to your shipping address if applicable.  Incorrect information may cause a delay in processing your order.

 

REFUNDS

ON EDUCATIONAL/TRAINING EVENTS

Whether in-person or online, each of our courses, programs, and/or webinars require a minimum enrollment to run. In the unlikely event that a course/program/webinar that you have registered for is cancelled, we will notify you immediately by telephone and via e-mail.  You will be given the option of a full refund or credit to enroll in the same course/program/webinar at another time.

If you wish to withdraw from a course/program/webinar that you are registered for, you must contact Santronics Inc. in writing via U.S. postal service or via e-mail.

A refund will be made as follows:

  • With written notification received prior to the deadline date for registration – 100%

  • With written notification received after the deadline date for registration, but prior to first class meeting – 50%

  • With written notification received after the first class meeting – no refunds.

  • No Refunds without written notification.

 

You should expect to receive your refund within 3 to 10 business days of us notifying you of a cancellation.  Likewise, you should expect to receive your refund within 3 to 10 business days of us receiving your written withdrawal notification.  We process all refund request from our customers promptly, but we have no control of how long it may take your bank to process our refund request.

 

ON PRODUCTS/ITEMS/MERCHANDISE

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).  Please see Returns & Exchanges, below.

 

RETURNS & EXCHANGES

Please contact us first.  New unopened and unused products/items/merchandise sold by Santronics Inc., may be returned within 30 days of delivery for a full refund. Sales tax, shipping & handling charges will NOT be refunded. Also, return shipping charges will be paid by the customer.

Purchased products/items/merchandise can be returned to:

C/O Mario Santos/Santronics Inc., 188 Jefferson St., #210, Newark, NJ 07105. We will  pay the return shipping costs if the return is a result of our error.

Any refunds for products/items/merchandise delivered over 30 days must be approved prior to shipping, and are subject to a 30% re-stocking fee. Shipping & handling fees will not be refunded. Contact us, as needed.

New products/items/merchandise with manufacture defects will be replaced at no cost, shipping and handling fees included.

Used products/items/merchandise of any kind sold by Santronics Inc., are sold “as is”, no warranties implied or expressed, no returns, no refunds.

SHIPPING

Santronics ships within the United States only. For your protection, all UPS/FEDEX shipments require a customer signature upon delivery.  Expedited shipping is available by UPS only.  Only USPS orders can be sent to APO and PO Box addresses.

 

ACCURACY & TYPOGRAPHICAL ERRORS

www.santronics.net aspires to always publish accurate prices and specifications for the products and services we offer. However, mistakes can happen. In the event that a product or service is listed incorrectly (i.e., price, schedule error) or with incorrect information due to a typographical error or misinformation received from our suppliers, www.santronics.net  retains the right to refuse or cancel any such orders whether or not the order has been processed. If your credit card has been charged for the purchase and your order is canceled, www.santronics.net  will immediately issue a credit to your credit card account in the amount of the charge.

 

14.COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow the instructions below and contact us for Making Claims of Copyright Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

  • A description of the copyrighted work that you claim has been infringed

  • A description of where the material that you claim is infringing is located on the Website

  • Your address, telephone number, and e-mail address

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  • A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

 

The Santronics Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:

C/O: Mario Santos/ Santronics, Inc.
188 Jefferson St.
P.O. Box 210
Newark, NJ 07105

 

14. AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use and Policies at any time without notice, and it is your responsibility to review these Terms of Use and Policies for any changes. Your use of the Website following any change to these Terms of Use and Policies will constitute your assent to and acceptance of the revised Terms of Use and Policies.

 

15. TERMINATION

These Terms of Use and Policies are effective until terminated by either you or us. You may terminate these Terms of Use and Policies prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use and Policies or otherwise. If you terminate these Terms of Use and Policies, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

C/O: Mario Santos/ Santronics, Inc.
188 Jefferson St.
P.O. Box 210
Newark, NJ 07105

We may terminate these Terms of Use and Policies (including your access to and use of the Website) without cause and without notice to you, at our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use and Policies or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Use and Policies, which by their nature should survive the termination of these Terms of Use and Policies, shall survive such termination.

16. APPLICABLE LAW AND DISPUTES

These Terms of Use and Policies, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use and Policies, will be governed by the laws of the United States of America and the State of New Jersey, without regard to principles of conflicts of law and as if these Terms of Use and Policies were a contract wholly entered into and wholly performed within the State of New Jersey. These Terms of Use and Policies will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to the Website or to products or services you purchase through the Website shall be submitted to confidential binding arbitration in Essex County, New Jersey, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Essex County, New Jersey, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Use and Policies shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use  and Policies shall be joined to an arbitration involving any other party subject to these Terms of Use and Policies, whether through class arbitration proceedings or otherwise.

 

17. ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. MISCELLANEOUS LEGAL PROVISIONS

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use and Policies or your use of the Website. Nothing contained in these Terms of Use and Policies is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and Policies and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and Policies to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms of Use and Policies or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use and Policies as to that breach or any other.

If any provision of these Terms of Use and Policies is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.  These Terms of Use and Policies constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.  Should you have any questions or suggestions regarding our Terms of Use and Policies described herein, please  contact us at:

C/O: Mario Santos/ Santronics, Inc.
188 Jefferson St.
P.O. Box 210
Newark, NJ 07105

Or by visiting our website at www.santronics.net

 

[Updated July 23, 2020]

© 1996-2020 by SANTRONICS INC. All right reserved. 

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