True Data Technology
5927 Priestly Drive
Carlsbad, CA 92008
800-331-3307 - Toll Free
760-710-9019 - Fax
Hours: 7am-5pm Pacific Time, Monday-Friday
General Terms of Sale and Use
The use of this site is governed by the policies, terms and conditions as set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. True Data Technology, Perpetual Communication Peripherals, the companys directors, officers, employees and/or other representatives are hereinafter individually and collectively referred to as THE COMPANY. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any order in any form (web, verbal, written/paper or other) to THE COMPANY indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by THE COMPANY. THE COMPANY reserves the right to make changes to this site and these terms and conditions at any time.
When you place an order with THE COMPANY, we ask for your name, your billing address, the address for shipment of the order, your email address, and your credit card number, expiration date, billing address, and CVV2 code. We consider this information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you. In the event you do not wish to receive promotional email, please click the "remove me from your list" or similarly titled link on the email we send you.
Copyright and Trademark Notice
This site is owned and operated by THE COMPANY. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of THE COMPANY, Copyright © 1998-2011on, ALL RIGHTS RESERVED. All audio and video clips are the sole property of THE COMPANY or their respective content providers. All software used on the site is the sole property of THE COMPANY or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from an officer of THE COMPANY. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. True Data and True Data Technology are registered trademarks or service marks of THE COMPANY. All custom graphics, icons, logos and service names are registered trademarks or service marks of THE COMPANY. All other trademarks or service marks are property of their respective owners. The use of any True Data or True Data Technology trademark or service mark without express written consent by an officer of THE COMPANY is strictly prohibited.
Disclaimer and Limitation of Liability
All products sold by THE COMPANY are guaranteed against defects for 20 days from the date of the invoice unless otherwise specified. Except as expressly stated herein, THE COMPANY makes no representations or warranties, either express or implied, of any kind with respect to the products sold. This includes but is not limited to merchantability and/or fitness for a particular purpose. You agree that the sole and maximum liability to THE COMPANY arising from any product sold shall be the price of the product. In no event shall the company by liable for special, direct, indirect, consequential, or punitive damages related to the product(s) sold. THE COMPANY web sites and the materials therein are provided "as-is". THE COMPANY makes no representations or warranties, either express or implied, of any kind with respect to the sites, ,their operation, contents, information, or materials. You agree that THE COMPANY shall not be liable for damages arising from the operation, content, or use of the site(s). You agree that this limitation of liability is comprehensive and applies to all damages of any kind including without limitation direct, indirect, compensatory, special, incidental, punitive, and/or consequential damages.
Errors and/or Omissions
In the event a product is listed at an incorrect price due to typographical error, error in pricing information received from our suppliers, or other error, THE COMPANY shall have the right to refuse or cancel any orders, in part or in full, placed for product listed at the incorrect price. THE COMPANY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, THE COMPANY shall immediately issue a credit to your credit card account in the amount charged for specific product as well as any taxes and shipping and handling charges that may be applicable to that product.
THE COMPANY periodically gives away prizes by random drawing. No purchase is necessary. You may enter the contest by submitting your name, mailing address and email address at the location indicated on the site or by making a purchase on any of THE COMPANYS applicable sites. Once you have entered the contest, you are eligible unless otherwise notified. The prize(s) will be awarded and winner notified by email. Odds of winning will depend upon the number of eligible entries received. PRIZE VALUE: the prize shall be selected by THE COMPANY and shall have values depending on the prize selected. This contest is open only to U.S. residents who are 18 years or older at time of entry. Employees of THE COMPANY, their affiliates, subsidiaries, advertising, and promotion agencies, their immediate family members, and those living in the same household are not eligible. The contest is void where prohibited by law or otherwise restricted. THE COMPANY is not responsible for lost, late, or misdirected entries or prizes. All federal, state and local taxes, insurance, licensing, registration and/or title fees are the sole responsibility of the winner. The prize winner must execute an affidavit of eligibility/release of liability/prize acceptance form within 15 days of attempted notification. Non-compliance within this time period may result in disqualification and an alternate winner may be selected. The return of any prize notification as undeliverable will result in disqualification and an alternate winner will be selected. THE COMPANY reserves the right to substitute any prize for one of equal value and to end the contest at any time. Acceptance of the prize constitutes permission to THE COMPANY and its representatives to use the winners name and/or likeness for purposes of advertising and trade without further compensation. Entering the contest automatically places you on the THE COMPANY mailing list. By participating in this contest, entrants agree to be bound by these contest rules and the decisions of THE COMPANY
All FREE downloads from THE COMPANY are provided "as-is" and for your convenience and entertainment ONLY. By downloading files, you acknowledge that THE COMPANY is not responsible for the operation or content of these programs. If you are unsure whether these programs will run on your system, or suspect that they may conflict with previously installed programs on your system, we recommend that you learn more about the program before downloading.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that THE COMPANY is not responsible, in any way, for your use of any such site.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. THE COMPANY reserves the right at any time after receipt of your order to accept or decline your order for any reason. THE COMPANY reserves the right, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
Electronic Payments - We accept all major electronic payments/cards including, US Domestic Visa, US Domestic MasterCard, US Domestic Discover, US Domestic American Express, and PayPal (Paypal only to insured limits). There is no surcharge for using your credit card to make purchases with THE COMPANY. Please be sure to provide your exact billing address, email address, and telephone number. Incorrect information may cause a delay in processing your order. Your credit card will be billed upon shipment of your order. Money orders, cashiers checks, company checks, & personal checks will be accepted in U.S. Dollars only for the total amount of the invoice and your merchandise will ship after these funds have cleared our bank (usually 7-15 days). THE COMPANY cannot guarantee the availability of a product by the time funds clear or payment is received. If a product is then unavailable, THE COMPANY will refund your money or credit your account. Please call the sales department for information on how to pay using one of these methods.
Returned Checks or Non Payment
We will charge a $25 fee on all returned checks. You expressly agree if you fail to make any or all of the payments on time or your payment tendered is uncollectible, either THE COMPANY or agents thereof may, without demand or notice, enter onto your premises and retake possession of property. THE COMPANY may then resell the product(s) at public or private sale and credit the net proceeds on the balance due, the purchaser (you) agreeing to pay THE COMPANY for any deficiency remaining under the contract.
When purchasing a product, you will pay the shipping based on the weight and/or dimension of the product(s). If you order multiple products, they may be shipped from different warehouses. Multiple warehouse shipping may incur additional shipping charges. Choosing next day air or second day air does not mean your order will be delivered in 1 or 2 days from the time you place your order online. You will receive your order 1-2 days after the product actually ships from the warehouse. THE COMPANY warehouses are NOT open on Saturday, Sunday, or legal holidays. If you refuse a shipment without prior authorization, in writing, from THE COMPANY, you will be charged the cost of shipping plus a $25.00 fee for each package refused. THE COMPANY does not ship on Saturday or Sunday. Due to shipper restrictions we cannot deliver to P.O. Boxes. All shipments are subject to stock availability. Please allow at least 5 business days for domestic ground shipping. THE COMPANY is not responsible for any delay in shipping caused by Government intervention in the delivery of the package or Carrier induced delays unrelated to THE COMPANY.
THE COMPANY shall withhold the applicable sales tax for orders to be delivered to addresses within California, Massachusetts, Tennessee, or other States in which foreign-interest tax withholding applies. You agree to be responsible for all sales or applicable other taxes.
Notice to Oklahoma purchasers:
(A) True Data Technology is not required, and does not collect Oklahoma sales or use tax;
(B) The purchase is subject to Oklahoma use tax unless it is specifically exempt from taxation;
(C) The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means;
(D) The State of Oklahoma requires Oklahoma purchasers to report all purchases that were not taxed and pay tax on those purchases. The tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return. [Form 21-1]; and
(E) The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
Notice to South Dakota purchasers:
(A) True Data Technology is not required, and does not collect South Dakota sales or use tax;
(B) The purchase is subject to South Dakota use tax unless it is specifically exempt from taxation;
(C) The purchase is not exempt merely because the purchase is made over the Internet, by catalog, or by other remote means;
(D) The State of South Dakota requires each South Dakota purchaser to report any purchase that was not taxed and pay tax on the purchase. The tax may be reported and paid on the South Dakota use tax form; and
(E) The use tax form and corresponding instructions are available on the South Dakota Department of Revenue website, http://www.state.sd.us/drr2/
Any returns to THE COMPANY must be made within 20 days of the invoice date. After 20 days, you must make all returns directly to the manufacturer or publisher of your product. Before returning any item to THE COMPANY, please contact our Customer Service Department for a Return Merchandise Authorization (RMA). No returns, of any type, will be accepted without an RMA number issued and clearly visible on the outside of the package(s). The RMA number must match the product authorized for return. RMA numbers are valid for 10 business days and all returns must be received within 10 days of obtaining the RMA number. If THE COMPANY authorizes the return of a non-defective product, you agree to pay a 25% restocking fee. You are responsible for shipping costs of all returns. Laser printers, inkjet printers, palm computers, software, and special order items may only be returned for replacement and not for refund. Defective hardware or software may be returned for exchange with the same product only. All refunds for non-defective items will exclude shipping charges, handling charges, and restocking fees as applicable. Please allow 4-6 weeks for your refund to be processed and credited to your account. If you are seeking replacement of a defective product, please contact your original sales representative. All non-defective items returned must be in "as-new" condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the RMA number clearly visible on the outside of the package. Any discrepancies may result in a refusal, delay, or partial forfeiture of your refund. If part of a product becomes defective, the full product must be returned for credit or replacement. We suggest that you insure your shipment. THE COMPANY is not responsible for lost or damaged "returns-in-transit". All product returns, unless otherwise specified, must be sent to the following address:
True Data Technology Returns
5927 Priestly Drive
Carlsbad, CA. 92008
All returns must be sent via UPS, Federal Express, or any other courier that issues a tracking number.
Many (almost all) products sold by the COMPANY have manufacturer-direct warranties that extend beyond the warranty provided by THE COMPANY. All returns and replacements occurring after 20 days from the invoice date must be made directly with the manufacturer. Extended warranties may be available directly from select manufacturers. Select part numbers may qualify for extended warranties with THE COMPANY. Please check with your sales representative. All extended warranties provided by THE COMPANY must be evidenced in writing on the invoice to be valid.
Service and Support
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions unless THE COMPANY provides service for the product in agreement with the manufacturer. Please check with your sales representative whether support is provided by the manufacturer or THE COMPANY. THE COMPANY may, additionally, provide on-line technical notes for computer hardware & software products as available. THE COMPANY takes no responsibility for the validity or use of technical notes provided by the manufacturer.
Jurisdiction and Venue
The Parties agree that the Superior Court of California shall have exclusive jurisdiction over any dispute arising from your order(s) and that the venue of any action brought hereunder shall be in San Diego County, California, USA. By agreeing to the jurisdiction and the chosen forum of San Diego County, California, USA, all parties hereby agree to waive any and all rights to challenge the venue of any actions brought under this Agreement.
Choice of Law
The parties agree that any orders made with THE COMPANY and/or any action(s) resulting from the orders or the use of the web-site(s) shall be exclusively construed and enforced in accordance with the laws of the State of California.
Service by Mail
I agree and understand that summons of a complaint may be served on nonresidents by mail in accordance with California Rules of Civil Procedure § 415.40 and understand that as a result of consenting to jurisdic