Terms of Use, Terms of Sale & Conditions

Please read these Terms of Use, Terms of Sale and Conditions carefully before using this web site. If you do not agree to these Terms and Conditions, then please do not use this site.

Web Content and Materials
The information on this Website is for information purposes only. It is believed to be reliable, but 49er Communications, Inc. (49er) does not warrant its completeness, timeliness or accuracy. The information and materials contained in this Website and the terms and conditions of the access to and use of such information and materials are subject to change without notice. Products and services described may differ among geographic locations. Not all products and services are offered at all locations. 

Intended Audience / Use
49er Communications, Inc. (49er) provides this web site to you, subject to these Terms of Use. The Terms of Use may be updated by 49er from time to time without notice to you. This web site and other 49er web sites that are linked to this site or affiliated with this site (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, applications, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of 49er customers, employees and members of the general public who are over the age of 13, and intended for global use. The Site is controlled and operated in whole or in part by 49er from its offices within the United States. 49er makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that 49er reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

Acceptance of Terms
You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with 49er, (ii) you are independently responsible for establishing and maintaining its own policies and procedures for ensuring appropriate security measures, and you agree to establish and ensure compliance with access control policies and procedures, including password security measures, (iii) you will maintain industry standard security and protective data privacy measures. 

Links
49er Communications, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 49er Communications Inc. of the site. Use of any such linked web site is at the user's own risk.

Links to Third-Party Web Sites
This Site may provide links to other third-party World Wide Web sites or resources. 49er makes no representations whatsoever about any other web site which you may access through this Site. These sites are owned and operated independently of 49er and have their own separate privacy and data collection practices. Because 49er has no control over such sites and resources, you acknowledge and agree that 49er is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. Any information you provide to these web sites will be governed under the terms of their privacy and security policies.  It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. 49er makes no representation or warranty as to any third party Content, products or services, and you agree that 49er shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.

Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:  Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content.

Overload of system capacities; Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters Interruption (whether partial or total) of power supplies or other utility of service strike or other stoppage (whether partial or total) of labor; Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of 49er. 

Limitation of Liability
49ER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF 49ER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, 49ER’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with 49er. The user's access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of California.

Restrictions on Use of Content

© 2019 49er, Inc. All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by 49er that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to 49er Rights in individual elements of the Content, 49er or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the web site Terms of Use. If pursuant to an authorization from 49er, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by 49er. Neither title nor intellectual property rights are transferred to you, but remain with 49er Communications, Inc. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. 49er does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without 49er's prior express written consent. All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

Trademarks and Service Marks
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, 49er is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of 49er or any third party's intellectual property rights.

49er and the fire logo, miner and donkey are all trademarks or registered trademarks of 49er Communications, Inc. and are used under license. All other trademarks are the property of their respective owners. © 2019 49er, Inc. All rights reserved.

No 49er trademark or service mark may be used as a hyperlink without 49er's prior written permission.

Submission of Information
Although 49er provides certain encryption in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit to 49er through the Site no data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we have taken appropriate steps to protect your personal information, 49er cannot ensure or otherwise warrant the security of any information you provide to us or from our Web Site, and therefore you understand and agree to assume the security risk for any information you provide using the Site.

Do not send any Financial Information, confidential or proprietary information to 49er through the Site. Except personally identifiable information relative to you, any information you do send to 49er through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit you hereby grant 49er an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that 49er is free to use any ideas, concepts, know-how or techniques that you send 49er for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by 49er will not infringe or violate the rights of any third party. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Statement.

You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

49er Privacy Statement
49er' collection and use of personally identifiable information about you is subject to our Privacy Statement. For more information, see our full privacy statement for this site by selecting the link at the bottom of the page. This site is intended for use by persons over the age of 13. 49er does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this web site by users under 13 years of age. 49er encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

Notices
Notices to you may be made via either email or regular mail. 49er may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

Disclaimer of Warranty
49ER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, 49ER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 49ER SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

Revisions
49er may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that 49er shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. 49er may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.

Termination
You agree that 49er, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that 49er believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.

General Information
The Terms of Use constitute the entire agreement between you and 49er and govern your use of the Site, superseding any prior agreements between you and 49er relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you use, purchase products or services, participate in contests or other promotions, participate in a 49er-sponsored service, or use or download software. If any provision of these web site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of 49er to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the United States and the State of California, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in California, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

49er Communications, FM the MINER and Jack the DONKEY are trademarks or registered trademarks of 49er Communications, Inc. and are used under license. All other trademarks are the property of their respective owners. © 2019 49er Communications, Inc. All rights reserved.

 

TERMS OF SALE

Billing Information
In most cases, orders can be shipped immediately and there will be a one time charge for the entire purchase value. Accounts who are given credit by 49er Communications to be paid within 20 or 30 days are held to payment terms on their invoice, all past due invoices will be charged 1.50 monthly/18% annually. Minimum finance charge .50 cents - When you place an order for items that we do not stock, those items become a "Special Order". 49er Communications requires 100% of the order value to be charged at the time of purchase for such items.

Timing of Shipment
All orders are processed within 3 business days of placing the order. Priority orders are processed the same business day or the next business day if placed after Noon PST. Most priority orders will go out UPS the very same day if placed before noon Pacific Standard Time. Orders resulting in a back order will be shipped complete once the backordered item(s) are received into the 49er Communications, Inc. Warehouse, unless specified by the customer to ship partial and/or at the discretion of 49er Communications, Inc.  Requests by the customer for partial shipment of a backordered order are subject to additional freight charges.

Cancellations
Because we attempt to keep our prices as low as possible for our customers, cancellations of special order items (Items that are not stocked in the 49er Communications warehouse) that we place with manufacturers, will not be permitted once the order has shipped from the factory. This helps keep our costs lower because of a reduced need for item storage due to cancellations. In the event that your order has not shipped from the manufacturer and we are able to cancel the shipment, we may under special circumstances agree to let you cancel your order, however there will be a 10% cancellation/processing fee deducted from any credit you receive.  Customer agrees to be bound by these terms.

Returns
We will accept returns in the event you just do not like the item(s) when they arrive. Returns will be accepted only if you notify us within 30 days of your items being delivered and will not be accepted without a return number being issued before the item is shipped back. A refund equal to the price or your order less a 25% restocking fee and less the cost of all shipping charges incurred to get the items to you will be credited to your account. Further if you paid a discounted shipping rate, in some cases, through our web site and/or over the phone, you will be responsible for the actual shipping cost and not the discounted rate in the event of a return. Returns will only be accepted, and credits issued if the order is in the same new condition with no damage and in the original undamaged packaging when it arrives back at our warehouse. If an order is refused by the customer upon shipment with no damage, you, the customer, will be charged the 25% restocking fee and all shipping costs we incur to get the items to and from your shipping address. The customer is responsible for inspecting the order upon receipt and notifying the seller within 1 business day if products were damaged during shipping.

Application Errors
We strive to make certain that our online applications run smoothly and error free but cannot guarantee that there will never be an error. In the event of an order containing an error including, but not limited to item pricing, shipping cost, and/or taxes we reserve the right to correct the error with the customers consent or cancel the order.

Order Accuracy
It is the responsibility of the customer to ensure the accuracy of any order before clicking the confirm order button. By accepting these "Terms of Sale" you are certifying that you have read the order confirmation page and agree that all prices, fees, taxes, and any applicable discounts have accurately applied to the order. 
The customer is responsible for inspecting the order upon receipt and notifying the seller within 1 business day if incorrect products were shipped. The risk of loss and title for all merchandise ordered on this site passes to the customer, when the merchandise is delivered to the shipping carrier.

Government Customers
"Gov" pricing that you receive as a Government account from 49er Communications is pricing that has been reduced based upon your status as a Federal or State employee. You must have a government issued e-mail address in order to qualify for such pricing. This pricing is lower than published GSA prices in some cases and higher in others. We do not have a GSA contract or imply in any way that this reduction is GSA. We are an authorized GSA dealer for specific items and can discuss this pricing with you over the phone.

Sales Tax
49er Communications, Inc. collects California Sales Tax from all customers with the exception of Federal or Tax Exempt entities: You (the purchaser) are liable for the additional percentage above and beyond the current California State Sales Tax Rate if you live in an area where district taxes are required. For more information: https://www.boe.ca.gov/sutax/faqtaxrate.htm