1. INTRODUCTION

 

Welcome to the Contrast Online Store!  

This Online Store is operated by Contrast , Inc. (“Contrast”, “we”, or “us”).  

Through our Online Store, Contrast provides you with access to a variety of resources, including information about current and future products, software, and/or services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale (the "Terms of Sale" or "Agreement"). By using the Contrast website or purchasing or preordering products from the Online Store, you accept and agree to these Terms of Sale, our Privacy Policy [hyperlink to policy page], and applicable terms and conditions, policies or disclaimers found in the Online Store or referenced herein and accessible through the related hyperlinks (collectively the "Online Store Policies"). 

Please read the Online Store Policies carefully.  If you have any questions regarding the Online Store or these Terms, or if you have any issues or concerns about products or services that you purchased from this Online Store, you can contact us at: info@contrastoptical.com

PLEASE NOTE:  YOU MAY NOT USE THE ONLINE STORE OR SERVICES IF YOU DO NOT AGREE TO THE ONLINE STORE POLICIES.

 

2. SCOPE

 

The Online Store and Services are intended only for use by end user customers who reside in the United States and Canada.  End user customers outside of the United States and Canada who use the Online Store are responsible for ensuring compliance with local laws and regulations and use the Online Store at their own risk.  Resellers are not eligible to purchase from the Online Store. These Terms of Sale apply to all orders for Contrast products ("Products") and Services made available by Contrast for purchase on the Online Store. You must be 18 years of age or have reached the age of majority in your territory of residence to purchase products through the Online Store.  By placing an order through the Online Store, you represent and warrant that you have reached the age of majority in your territory of residence.  

 

3. ACCEPTANCE OF ORDERS

 

You agree that your order is a binding offer to purchase the Contrast Products and Services listed in your order. All orders submitted by you are subject to acceptance by Contrast. Contrast may choose not to accept your order for any reason without liability to you.  Contrast may also place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household.  After submitting an order to us, we will send you an 'Order Confirmation' email with your order number and details on the products and services you have ordered.  This Order Confirmation is only an acknowledgement of receipt of your offer.  Contrast’s acceptance of your offer occurs only when we have (a) shipped your Product or provided the Service, and (b) received payment in full of the purchase price of your order through settlement of funds.  Contrast may, in its sole discretion, refuse, reject, or cancel any order at any time prior to Acceptance, refunding you any monies you have paid for the order.  You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Online Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.

 

4. PRICES AND QUANTITIES

 

Product prices and availability are subject to change at any time and without notice.  All prices shown in the Online Store are given in US dollars unless otherwise stated.  All prices shown in the Online Store exclude all taxes or similar charges (“Taxes”) that may apply to your purchase. Prices shown in the Online Store also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the Taxes and delivery costs before you confirm your purchase.  Contrast works hard to ensure that all pricing and product information in the Online Store is correct.  Occasionally, however, an error may occur and Products and Services may be mispriced. If a Product's or Service's correct price is lower than the price stated in the Online Store, we will charge you the lower amount for the Product or Service. If a Product's or Service's correct price is higher than the price stated on the Online Store, we will contact you and ask you whether you wish to proceed with the order at the correct price or whether you wish to cancel your order.  We may offer you the opportunity to order a Product or Service from the Online Store before it is available for purchase. If you do place an order, we will charge you at the time you place your order and will ship the Product when it is available.  You may cancel your order before the product is shipped or available for download by sending an email to 

info@contrastoptical.com or by calling customer support at 505.872.2123.  Once your order is shipped or available for download, our normal return policies apply. If different order terms apply to a specific product, we will state this in the Online Store.  Credits or refunds will be made to the same method of payment and account used to place the order.

 

5. PAYMENT TERMS

 

The Online Store offers different payment options, as set forth in the Online Store.  We reserve the right to change our payment options at any time and for any reasons.  Unless we notify you otherwise prior to our acceptance of your order, Contrast will only accept payment in US dollars.  When ordering, you confirm that the credit/debit card that is being used is yours.  All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, Contrast will not accept your order, will not be liable for any delay or non-delivery, and will not be obligated to inform you of the reason for the refusal. Contrast is not responsible for your card issuer or bank charging you as a result of Contrast's processing of your credit/debit card payment in accordance with your order.

 

6. INVOICING

 

When Contrast elects, or is required by applicable law, to issue or make an invoice available, Contrast reserves the right to issue or make available invoices in electronic form alone and you agree to such form of invoicing. If electronic invoicing is used, we will send you an email invoice as soon as your order is shipped.

 

7. INTELLECTUAL PROPERTY; PROPRIETARY INFORMATION; RESTRICTIONS ON USE. 

 

Contrast and its licensors own and retain all proprietary rights, including without limitation all patent, trademark, trade secret, copyright and other intellectual property rights in and to all Contrast designs, manufacturing processes, engineering details, and other data pertaining to any product sold except where the rights have been assigned pursuant to a written agreement with a corporate officer of Contrast. The Products are offered for sale and sold by Contrast on the condition that such sale does not convey any right, express or implied, stated or otherwise, under any intellectual property or manufacturing process. Contrast and its licensors expressly reserve all intellectual property rights in the Products. Without limiting the foregoing, all software included in the products (including any updates to such software provided to Buyer, if applicable) is licensed to Buyer, not sold, and Buyer shall not transfer any such software apart from the product, or modify, decompile, disassemble or reverse engineer or otherwise attempt to derive the source code of such software.  Your use of the Products will be subject to any license terms and restrictions provided together with the Products. Buyer will not cause or permit the modification or reverse engineering of the Products including software, file formats, tools, or image processing without express written consent from Contrast

 

8. SUBSTITUTE PRODUCTS/SERVICES

 

We are committed to ongoing innovation and continual improvement of our products.  Contrast may therefore revise or discontinue products and services from time to time. If, for any reason, we are unable to provide you with the product or services you have ordered, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with a replacement product, you can return it in accordance with Contrast's _____  Returns Policy <link to below>. In addition, and where applicable, you may cancel your order in accordance with your rights. 

 

9. DELIVERY AND RISK

 

Orders will be sent to the delivery address that you have provided during the purchase process. Contrast cannot be held responsible if that delivery address is incorrect.  Please note that, Contrast cannot deliver to PO boxes or military addresses.  Contrast currently delivers Products and Services only to the United States and Canada.    While Contrast will try to meet any delivery estimates that we give you, please note that they are only estimates based upon the information that is available to us at the time.  You understand and acknowledge that those delivery estimates are not guaranteed.  Once you have received a Product, all risk of damage to, or loss of, the Product shall pass to you.

 

10. CUSTOMS AND EXPORT COMPLIANCE

 

Products purchased from the Online Store (including hardware, software, and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such Products.  NOTE:  Contrast Products are made and intended for use only in the United States and Canada.  If you live outside of the United States and Canada, you understand and agree that the sale of the Product takes place in the United States, at Contrast’s facility.  You further agree that you are the importer of record and are solely responsible for complying with all laws and regulations of the country in which you are receiving the Products or Services, including all customs duties, fees, taxes, and similar charges.

 

11. WARRANTIES

 

Certain Products purchased by you from this Online Store may come with an express warranty from the manufacturer or another third party. If your Product is covered by such an express warranty, the terms of the express warranty will be included in the documentation that accompanies the relevant product and/or will otherwise be made available or notified to you. 

To the maximum extent permitted by applicable law, any express warranty Contrast offers you in respect of a product are instead of all other terms, conditions and warranties, whether express or implied. Please note, however, that this exclusion (and any express warranty that accompanies your Products) does not affect your statutory rights as a consumer.  CONTRAST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE ONLINE STORE. THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. CONTRAST DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE ONLINE STORE OR SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.  YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE ONLINE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.

 

12. LIMITATIONS OF LIABILITY

 

If, despite the other sections of this Agreement, Contrast is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the Online Store or any Product or Service offered, you agree that your exclusive remedy is to recover from Contrast or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price of the Product or Service, or (2) US $100.00 if you did not purchase a Product or there was no service, subscription or similar fee.  YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE ONLINE STORE, THE SERVICES, THIS AGREEMENT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE ONLINE STORE OR SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.

 

13. INDEMNIFICATION 

 

You shall indemnify, defend, and hold Contrast and Contrast’s officers, agents other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused your misuse of the product or by your negligent or willful acts or omissions, or (ii) based on any breach of this Agreement by you.

 

14. ELECTRONIC COMMUNICATIONS

 

When you make a purchase through the Online Store, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You have the right to withdraw your consent to electronic communications and contracting, but if you do, we may cancel your order. If you do not consent to receive any notices electronically, you must stop using the Online Store.  This term does not affect your statutory rights as a consumer.

 

15. ASSIGNMENT, SUBCONTRACTING, ETC.

 

Contrast reserves the right to transfer, assign, delegate or sub-contract all or any of Contrast's rights and obligations under these Terms.   You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without Contrast's advance written consent.

 

16. AMENDMENTS TO THESE TERMS

 

Contrast reserves the right to make changes to these Terms at any time. You, and any contract of sale between you and Contrast, will be subject to the version of these Terms in force at the time you order the products or services in question from Contrast.

 

17. EVENTS BEYOND OUR CONTROL

 

You agree that Contrast will not be responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond Contrast's reasonable control.

 

18. INTERPRETATION OF THIS AGREEMENT

 

All parts of this Agreement apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence. If it is determined that we can’t enforce a part of this Agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won’t change. 

 

19. GOVERNING LAW AND JURISDICTION

 

These Terms and all transactions relating to this Online Store are governed by the law of the state of New Mexico, without giving effect to its conflict of laws rules.  You also agree that any disputes that arise from or relate in any way to the Products or Services or this Agreement shall be resolved exclusively by the United States District Court for the District of New Mexico or the 2nd Judicial District Court in Bernalillo County, NM, and you consent irrevocably to venue and jurisdiction in such courts.  This provision will not affect your statutory rights, however, if applicable consumer law requires application of another law (such as the law of your country of residence) or forum.

 

20. CANCELLATION & RETURNS POLICY

 

Contrast wants you to be totally satisfied with every Product that you purchase from our Online Store. 

 

Therefore, if for any reason you are unhappy with a Contrast Product, please contact our customer support within 30 days of your receipt of the Product at info@contrastoptical.com.  We’ll ask you why you are unhappy, and we’ll try to solve the issue.  If you still want to return the Product for a refund, we’ll provide you with a return authorization.  You’ll need to ship the Product back to us, at your expense, in its original packaging and in as-new condition.  After we receive the Product and verify it is in as-new condition, we’ll then refund the price you paid for the Product (but not the cost of shipping the Product to you).  All refunds will be made using the same method that you originally used to pay for the Product (in other words, you’ll receive a credit on the credit card you used to make the original purchase).

 

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