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Terms and Conditions of Sale Agreement
These terms and conditions (this “Agreement”) govern your purchase and use of products from FeedVision, LLC
("FeedVision"). Please read it carefully. No other terms apply. By submitting your order you agree to these terms.
Definitions: "Product" shall mean any item offered for sale or license by FeedVision, including but not limited to
hardware devices, software, accessories, configurations of hardware and software, CDs and DVDs, and
documentation.
1. Other Documents
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless
otherwise agreed to in a written agreement signed by both you and FeedVision.
2. Governing Law
This Agreement is governed by the laws of the State of California, without giving effect to its rules of conflict of
laws. You agree and consent to be subject to the jurisdiction of any federal or California state court, as
appropriate, sitting in Los Angeles County, California, in any suit, action or proceeding seeking to enforce any
provision of, or based on any matter arising out of or in connection with, this Agreement. The prevailing party in
any action related to this Agreement shall have the right to recover reasonable expenses, including attorneys’ fees.
3. Order Acceptance and Cancellation
All orders placed by you with FeedVision shall be subject to acceptance by FeedVision. FeedVision reserves the
right to decline or cancel orders at any time in its sole discretion.
Notices shall be made via e-mail to the e-mail address you provided when submitting your order. We assume no
responsibility for issues resulting from the delivery failure of any e-mail notification.
FeedVision is unable to refund purchases until after delivery of your Product(s) has been completed. Please
review our return policy below for further details.
4. Prices, taxes, fees
Prior to submitting your order, you will have the opportunity to review Product prices and any applicable sales tax,
shipping, and handling charges. We are required to collect sales tax from our customers for orders shipped to
California. In other states, customers may be responsible for paying any taxes their state, county, or municipality
requires.
FeedVision reserves the right to change the prices it charges for any Product at any time. If, within 30 days of
placing your order, FeedVision offers a lower price on the Product you purchased, you may request a credit for the
difference between the price you paid and the current price offered by FeedVision. Send any request for a credit
to pricecheck @feedvision.com. You are limited to one request per order.
5. Payment
FeedVision accepts only those credit cards listed on the order form as payment options for your purchase. Your
credit card will not be charged until your order is shipped. FeedVision does not accept cash, personal checks or
CODs. Purchase orders for business sales are made under special and prior arrangements. FeedVision’s payment
terms are subject to change without notice at FeedVision’s sole discretion.
6. Shipping
Separate charges for shipping will be added to the cost of the Products. FeedVision may determine the
appropriate shipping method for your purchase. FeedVision ships merchandise to locations within the 50 states of
United States and the District of Columbia. Title to Products, and risk of loss therefore, passes from FeedVision to
you upon shipment from FeedVision’s facility. Unfortunately, we cannot make deliveries to international
addresses, United States territories, FPO, APO, or PO boxes. For your protection, a signature is required for most
deliveries. Address changes are not allowed after an order has been accepted. You may not export any Products
purchased from FeedVision.
7. Product Availability
Given the popularity of some Products, FeedVision may restrict the number of such items that you may purchase.
Any Product limit restrictions will be posted on FeedVision’s web site (feedvision.com). This information is subject
to change at any time, without notice. In the event of a shortage, FeedVision may allocate sales and deliveries at
its sole discretion.
Large volume orders may experience delays in delivery. Contact sales @feedvision.com for information
concerning lead times for large volume orders.
8. Return Policy/30-Day Money-Back Guarantee/Free Return Shipping
FeedVision offers a 30-day Money-Back Guarantee. You can return any Product within 30 days of the initial
purchase of the Product. FeedVision will exchange your Product or give you a full refund (not including original
shipping), whichever you prefer. If you return any Product for an exchange or refund during the 30-day evaluation
period, FeedVision *may* provide you with a mailing label.
How to Return a Product to FeedVision
1. Request a Return Merchandise Authorization (“RMA”). Any request for a RMA must be made within 30
days of receiving the Product. Send an e-mail to returns @feedvision.com to obtain a RMA. After 30 days
all sales are final. In your email include: (1) your invoice or order number; (2) your name and (3) whether
you would like a refund or exchange. Upon receipt of your email and RMA approval, FeedVision *may* mail you a shipping label.
2. Re-pack the Product in its original box and packaging, including any CDs, documentation and other
items that were included in the original shipment.
3. Affix the pre-paid shipping label and write the RMA number on the shipping box. Please make sure
that your RMA number is written on the outside of the shipping box.
4. The returned Product must be received within 10 business days of the RMA issue date. RMA’s are only
valid for 10 days.
5. All Products must be returned in “as new” condition and undamaged.
6. If you return a Product to FeedVision without a RMA, beyond the 10 day RMA issuance period or
without proper packaging, FeedVision reserves the right to either refuse delivery of such returned Product
or charge you a restocking fee.
7. Upon a valid return of a Product, FeedVision will credit your account as promptly as possible, however,
you should allow up to six weeks for your account to be credited.
You must notify FeedVision’s Customer Service at customerservice @feedvision within 30 days of receiving the
Product if you believe any part of your purchase is damaged, defective or incorrectly shipped merchandise.
9. Limited Warranty
Hardware: FeedVision warrants to the original end user that hardware Products purchased in the U.S. will be free
from defects in workmanship and materials, under normal use for ninety (90) days
for Model MT410 and one-hundred-eighty (180) days for Models MT420 and
MT425. This limited warranty begins on the date of the packing slip or invoice. The warranty period is not extended if FeedVision repairs or replaces a warranted Product or any parts. FeedVision may change the availability of limited warranties, at its discretion, but any changes will not be retroactive.
Software: See End-User License Agreement.
To view FeedVision’s EULA, click here.
Exclusions: The above limited warranty does not cover: (1) physical damage to the surface of the Product
including cracks or scratches on the LCD screen, face plate or outside casing; (2) damage caused by unauthorized
attempts to open, repair, or modify the Product; (3) usage by any party that is not in accordance with Product
instructions or documentation; (4) damage caused by accident, fire, power changes, other hazards or acts of
nature; and/or (5) Products for which FeedVision has not received full payment.
This limited warranty will be void under the following conditions: (1) indications or signs of undue stress forced on
the Product, including bending; (2) the Product’s LCD glass has been broken, (3) the Products LCD polarizer has
been damaged; (4) the Product’s case has been opened; (5) any damage has been caused by liquid, excessive
heat, cold or humidity; (6) any of the Products cables has have been crushed or pulled from the Product’s case;
and/or (7) the Product’s LCD has been damaged due to a static discharge or power surges.
Exclusive Remedies: Should you notify FeedVision of the existence or occurrence of any defect to which the
limited warranty applies during the limited warranty period set forth above, your sole and exclusive remedy shall
be, at FeedVision’s sole discretion, to either repair or replace the Product. If FeedVision cannot reasonably repair
or replace the Product then FeedVision may in its sole discretion, refund the purchase price paid for the Product.
Replacement Products or components thereof may be new or reconditioned or comparable versions of the
defective Product or component thereof.
Obtaining Warranty Service: You must contact FeedVision within the applicable warranty period to obtain
warranty service authorization. All returns of Products for warranty servicing must comply with the provisions of
Section 8 (Returns Policy) above. Dated proof of original purchase of the Product, such as your order number, is
required. FeedVision is not responsible for Products returned without a RMA. Products returned without a RMA
may be rejected by FeedVision. Repaired or replaced Products will be shipped to you at FeedVision’s expense.
Disclaimer of Warranties. The limited warranty that appears above is the only express warranty made to you and is
provided in lieu of any other express warranties or similar obligations (if any) created by any advertising,
documentation, packaging, or other communications. Except for the above limited warranty and to the maximum
extent permitted by applicable law, FeedVision provides the Products and support services (if any) AS IS AND
WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory,
including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike
effort, of lack of viruses, and of lack of negligence, all with regard to the Products, and the provision of or failure to
provide support or other services, information, software, and related content through the Products or otherwise
arising out of the use of the Products. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE PRODUCTS.
10. Limitation of Liability
FeedVision’s liability is strictly limited to the price paid for the Product.
IN NO EVENT SHALL FEEDVISION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF
ANY PRODUCT OR THE INABILITY TO USE THE ANY PRODUCT, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT OR
OTHERWISE ARISING OUT OF THE USE OF ANY PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF FEEDVISION OR ANY SUPPLIER, AND EVEN IF FEEDVISION OR ANY SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Software License and Limited Warranty
All software is provided subject to the End-User License Agreement (“EULA”) included in the software package.
You agree to be bound by the EULA by so indicating during the software installation process or by entering in the
CD-key where required. If you don't agree to abide by the EULA, you must return the package to FeedVision, with
the software unused, for a refund of your purchase price under the conditions set the Return Policy. Please refer to
the EULA for information regarding the limited warranty applicable to the software.
To view FeedVision’s EULA, click here.
12. Products
FeedVision continually updates and revises the Products. FeedVision may revise and/or discontinue Products at
any time. FeedVision will ship Products that have the functionality and performance of the Products ordered, but
differences between the Products shipped and the Products described on FeedVision websites and/or sales
materials (ads, specification sheets, etc.) are possible. FeedVision Products are new unless specified as
refurbished. If a Product you purchase from this site is not as described, your sole remedy is to return it in “as new”
condition under the Return Policy
13. Software Updates
FeedVision may update and revise some or all its software at any time. By accepting a software update, you further
agree to the terms and provisions of the EULA. FeedVision makes reasonable attempts to provide problem-free
software, but should you have software problems after a Product-initiated software upgrade, contact support
@feedvision.com.
14. Compliance with Law; Resale Sales not intended; Export not intended
You agree to comply with all applicable federal and state laws and regulations of the United States. The Products
are intended for purchase and use only in the United States. You agree and represent that you are buying for
your own use only, and not for resale or export.
15. Critical Components
The Products are not authorized for use as critical components in life support systems or situations where failure to
perform can reasonably be expected to cause injury to users or others.
16. Force Majeure
FeedVision shall not be liable for any delay or failure in performance caused by or resulting from acts of Nature,
fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures,
the Internet, or any other causes beyond the control of FeedVision.
17. Entire Agreement; Severability
This Agreement is the entire agreement between you and FeedVision relating to the subject matter hereof and this
Agreement supersedes all prior or contemporaneous oral or written communications, proposals and representations
with respect to the subject matter covered by this Agreement. If any provision of this Agreement is held to be void,
invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
18. No Assignment.
This Agreement and the rights granted hereunder, if any, may not be assigned, sublicensed or otherwise
transferred by you unless FeedVision consents in advance to such assignment, sublicense or transfer in a written
document executed by an authorized representative of FeedVision.
Privacy Statement
Feedvision, LLC (“FeedVision”) has created this privacy statement in order to demonstrate our commitment to your
privacy. The following discloses our information gathering and dissemination practices for these websites: www.
feedvision.com and www.mistertipster.com. (“our websites”). By visiting our websites you agree to accept the
practices described in this Privacy Statement.
Collected Information
We have contracted with Yahoo! Search Marketing ("YSM"), to monitor certain pages of our Web site for the
purpose of reporting web traffic, statistics, advertisement 'click-throughs', and/or other activities on our site. Where
authorized by us, YSM may use cookies, Web beacons, and/or other monitoring technologies to compile
anonymous statistics on our Web site visitors. No personally identifiable data is collected by or transferred to
Yahoo! Search Marketing.
FeedVision uses Yahoo! Merchant Solutions (formerly Yahoo! Store) for our online store. To View Yahoo!
Merchant Solutions privacy policy, click here: http://privacy.yahoo.com/privacy/us/store/details.html
While using our websites, we may use your IP address, pages visited and entry paths to help diagnose problems
with our server, and to administer our websites.
Our websites use order and support forms for customers to request information, products, and/or services. We
collect visitor's contact information (e.g. email address, phone number and name), and financial information (like
credit card numbers). Contact information from the order form is used to process and send orders and any other
information requested by a customer. The customer's contact information is also used to get in touch with the
visitor when necessary. Users may opt-out of receiving future mailings by contacting us at service @ feedvision.
com. Collected financial information is used to bill the user for products and services and is controlled by Yahoo!
Merchant Solutions.
The Mister Tipster software may send certain information about you to FeedVision when requested by you via the
Report a Problem button on the Help tab for the sole purpose of problem identification & solving and application
betterment. Please see the End User License Agreement on the information transferred to a protected directory on
the FeedVision server.
FeedVision does not sell, rent or give your information to anyone other than those associated with purchases, e.g.
Yahoo! Merchant Solutions.
FeedVision currently has no email campaign. If a campaign is started, by default, all current and previous
customers are not included.
Law Enforcement and User Protection
FeedVision will release personally identifiable information to the authorities when we believe it is appropriate to
do so to comply with the law. We will also cooperate with law enforcement investigations, comply with court orders
or subpoenas, protect the legal rights of us and our users, or when we believe it is needed for fraud protection
and/or credit risk reduction.
Business Transfer
If FeedVision or the Mister Tipster business falls under new ownership or becomes affiliated with any other
individual or entity, any customer information owned or under the control of FeedVision may be considered a
transferred asset.
Children's Online Policy
FeedVision sells products intended for adults. FeedVision does not knowingly collect any personally identifiable
information from children under the age of 13. If you are a child 13 years old or younger, you must ask your parent
or guardian for help in using the websites.
Questions?
If you have any questions about the contents of this page, the practices of this site, or your dealings with our
websites, you can contact us at: service @feedvision.com.
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