Welcome to CS-West.com (the "Site"), an online listing service of Benjamin Vincent, Inc. ("BVI"). By using the Site you agree to the following terms and conditions.
Terms and Conditions
PURCHASE OF PRODUCTS AND DOWNLOADING OF SOFTWARE
Benjamin Vincent Inc. provides this Internet service as a convenience for buyers and sellers to come together to facilitate legitimate transactions to sell and purchase items directly between those principal buyers and sellers. Benjamin Vincent Inc. is not a participant in the sale transactions and receives no payment from the transactions. Consequently, while Benjamin Vincent Inc. makes every reasonable effort to accurately and honestly portray merchandise listed in this service, it cannot warranty or assume responsibility or liability for the actual condition, quality, safety, legitimacy or use of listed item.
You may have the opportunity to order or receive merchandise and services, and/or to download software (collectively "Products") through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by CS-West) are provided by third-party vendors ("Vendors"). These offerings are pursuant to affiliate programs, agreements, licenses or other arrangements between that Vendor and BVI. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions; complaints or claims related to any Product should be directed to that Vendor.
By using the Site you acknowledge and agree that BVI shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.
The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that BVI is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by BVI of that Web site.
The Site includes Content concerning merchant services, hardware, software and related products, including product descriptions, usage information and may contain product reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.
GENERAL
BVI reserves the right to change this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes. Prices are subject to change without notice. CS-West reserves the right to correct any errors or omissions. BVI reserves the right to change the Site at any time at its sole discretion without notice to users.
This Agreement shall include any additional terms, conditions, and notices, policies or disclaimers provided by BVI, its licensers or vendor in specific areas of the Site. However, in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall control.
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, as applied to contracts entered into and performed within Utah. Disputes concerning this Site or this Agreement will at the election of either party be resolved exclusively through binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be conducted in Salt lake City, Utah before a single arbitrator selected in accordance with such Rules. The arbitrator's decision will be non-appealable and judgment thereon may be entered in any court with jurisdiction over the parties. The foregoing notwithstanding, nothing in this Agreement will be deemed to preclude any party from using the legal process of any court with jurisdiction to seek remedy or redress (including without limitation injunctive or other equitable relief) for any infringement of copyright, trademark rights, or other intellectual property rights.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
WARRANTIES
LIMITATION OF LIABILITY AND DISCLAIMERS
ANY INFORMATION, PRODUCT (INCLUDING SOFTWARE) OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BVI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIAL CONTAINED ON THE SITE AND NEITHER REPRESENTS NOR WARRANTS THAT ANY SOFTWARE DOWNLOADED FROM THE SITE OR ANY LINK THERETO WILL BE ERROR-FREE OR VIRUS-FREE.
BVI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SITE OR OF ANY EXECUTABLE PROGRAMS; DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED E-MAIL MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF BVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Privacy Policy
Privacy of personal information
BVI does not sell, lend, or disclose site information with third parties except with the express written permission of the disclosed.
Recognition of Your Expectation of Privacy.
BVI recognizes that you expect privacy and security for your personal information. We maintain standards and procedures designed to prevent misuse of this information.
Collection of Information.
BVI collects information about you only where we reasonably believe that it will help administer our business. We collect and retain information about you only for specific business purposes - and we will tell you why we are collecting and retaining it upon your request. Information is also used to comply with laws and regulations.
Security Procedure. We maintain security standards and procedures to help prevent unauthorized access to confidential information about you. We use Secure Socket Layer technology and 128-bit encryption to protect your information.
Restrictions on Disclosing Information to Outside Parties.
We do not reveal specific information about you or other personally identifiable data to parties outside Benjamin Vincent, Inc. unless the disclosure otherwise is lawfully required.
These Privacy Principles apply to individuals and we reserve the right to change them, along with related provisions, at any time.