Terms and Conditions

IT1 Source LLC General Terms and Conditions

 

By visiting or using this Website in any way or by purchasing products or services from this Website, you are entering into an agreement with iT1 Source LLC (iT1) and its affiliates to be bound by the then-current version of these General Terms and Conditions, which may also be referenced as the “Website Terms and Conditions”, the “Terms and Conditions of Sale”, and the “General Terms and Conditions”. By accessing this Website you acknowledge acceptance of these Terms and Conditions and you agree to be bound by all applicable laws. iT1 has the right, in its sole discretion, to revise these General Terms and Conditions at any time without notice.

 

  1. General Terms and Conditions
    1. General Use Restrictions
      1. Except as expressly stated herein, no part of this Website, including without limitation all of the data, information, text, images, logos, graphics, sounds, icons, and other content contained on this Website (including software and transmissions to this Website), and the copyrights and other intellectual property rights therein (collectively, the “Information”) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of IT1. You also may not, without IT1’s prior express written permission, “mirror” any part of this Website or any Information contained on this Website on any other server. Nothing on this Website shall be construed as conferring any license of any of IT1’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
      2. You may review, download, and/or print the content of this Website, provided that: (a) you may not make more than one copy of such content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the content of this Website on your own or any other web site; (b) you maintain any and all copyright notices and other notices or statements of proprietary rights appearing with such Information; (c) the use of such Information is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media; and (d) you do not make any other use of the Information except as provided in these Terms and Conditions. Any copying, modification, distribution or transmission, display, or use outside the scope permitted by these Terms and Conditions infringes IT1’s copyrights, copyrights licensed to IT1, and/or other intellectual property rights owned by or licensed to IT1. If you download software from this Website, IT1 owns such copy and you are licensed to use it for its intended purpose but may not sell copies of it, modify it, display it, redistribute or transmit it, or use it in any other way. IT1 has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other web site that you access from this Website.
      3. The trademarks or service marks contained in this Website are the property of IT1 or third parties. You may not use any of these trademarks or service marks in any way. For example, you may not use any such marks as links to this Website from other web sites, or as machine-readable search terms. Products, methods, and processes described on this Website may be covered by United States or foreign patents and/or other intellectual property rights.
  2. Third Party Content
    1. Information provided to this Website by third parties has not been independently authenticated in whole or in part by IT1. IT1 does not provide, sell, license, or lease any products or services other than products and services specifically identified as being provided by IT1. IT1 is committed to respecting the intellectual property rights of others, and we ask users of this Website to do the same. IT1 may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate the intellectual property rights of IT1 or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us immediately.
    2. CCDA, CCDP, CCIE, CCIP, CCNA, CCNP, Cisco, Cisco IOS, Cisco Systems, the Cisco Systems logo, and Networking Academy are registered trademarks or trademarks of Cisco Systems, Inc. and/or its affiliates in the United States and certain other countries. All other trademarks mentioned on this Website are the property of their respective owners.
    3. Links to Third Party Web Sites
    4. Links to other web sites from this Website have been provided for your convenience only. IT1 does not endorse, sponsor, or approve any of the content of such web sites. IT1 has no control over any of the web sites that you may access through this Website, and is not responsible for the content or accuracy of the content of any such web sites. If you access any other web site through this Website, you do so at your own risk.
    5. Changes to Website IT1 reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on this Website, or the availability thereof. IT1 may make improvements and/or changes in the products, services, programs, and prices described on this Website at any time without notice.
    6. This Website could include inaccuracies or typographical errors. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, IT1 shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. IT1 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, IT1 shall immediately issue a credit to your credit card account in the amount of the incorrect price.
  3. Software Use Restrictions
    1. Any software that is made available to download from the Website (the “Software”) is the copyrighted work of IT1 and/or the manufacturers, authors, developers or vendors of such Software (the “Third Party Providers”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (each, a “License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of such License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. Installation assistance, product support and maintenance, if any, of the Software is available from IT1 and/or the Third Party Providers, as the case may be. SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF ITS LICENSE AGREEMENT. EXCEPT AS SET FORTH IN SUCH LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
  4. Disclaimer of Warranties
    1. EXCEPT AS EXPRESSLY STATED HEREIN, IT1 MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ANY OF THE CONTENT OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE AND INFORMATION INCLUDED ON THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED. EXCEPT AS EXPRESSLY STATED HEREIN, IT1 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ALL OF THE INFORMATION ON THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE CONTENT ON THIS WEBSITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL IT1, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF IT1 HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
  5. Submissions
    1. If you transmit any information of any kind (including software) to this Website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that IT1 may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to IT1 and without acknowledgment of authorship or source. IT1 shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold IT1 harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.
    2. IT1 may review transmissions to this Website from time-to-time, but is under no obligation to do so. IT1 disclaims all responsibility for the content of such transmissions and all liability arising from such content. You may not transmit any inflammatory, libelous, defamatory, obscene, unlawful, threatening, or otherwise objectionable information to this Website. IT1 may remove any transmissions to this Website at any time. IT1 shall not be liable for any compensation, claims, or damages resulting from any transmissions to this Website and you agree to defend and hold IT1 harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.
  6. Terms and Conditions of Sale
    1. Order Acceptance Policy
    2. Your receipt of an electronic or other form of order confirmation does not signify IT1’s acceptance of your order, nor does it constitute confirmation of our offer to sell. IT1 reserves the right at any time after receipt of your order to accept or decline your order for any reason. IT1 also reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. IT1 may require additional verifications or information before accepting any order. IT1 is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered on this Website.
    3. Other Costs and Expenses
    4. If applicable, state sales tax will be added to your invoice. Title and risk of loss shall pass to you once the products you purchase from this Website leave the applicable IT1 shipping dock. You shall be responsible for all shipping, handling, rigging and other logistics expenses. You agree to defend, indemnify and hold IT1 harmless from and against any and all loss, liability, damage, expense, claim, demand or suit (including attorneys’ fees and court costs) of every kind and nature whatsoever (including but not limited to claims resulting from injuries or death to persons or damage to property) in any way arising out of or resulting from your maintenance, possession, operation, use, storage or movement of the products you purchase from this Website or any accident occurring in connection therewith.
  7. Return Policy
    1. Customer satisfaction is IT1’s number one priority and, therefore, we wish to ensure that your order is received intact and exactly as you ordered it. We recognize, however, that for a number of reasons, shipments are occasionally not received in this manner. Therefore, our policy for returns is set forth as follows:
      1. Material delivered via carrier from IT1 should under no circumstances be accepted from the carrier without the proper notification on the carrier documentation of any damage discovered upon receipt. Following receipt of damaged material, IT1 Customer Service should be notified promptly of damage discovery. Failure to note damage promptly will result in the assumption that IT1 has fulfilled its obligation to deliver such products in acceptable condition.
      2. All claims or discrepancies in shipments must be made within 10 calendar days of customer’s receipt of merchandise. Please notify Customer Service at 1-800-804-6648 to make arrangements to correct your order.
      3. No material should be returned without prior advance authorization from IT1’s Customer Service representatives. All return requests should be made within 10 calendar days of receipt of merchandise. IT1 will automatically grant a Return Material Authorization (RMA) for any non-conforming shipment (product which is either damaged or does not otherwise conform to the specific ordering instructions provided with your order). Return authorization, for all other returns not fitting into the non-conforming category or returned after the initial 5-day period, shall be at IT1’s sole discretion. All approved returns are subject to a re-stocking fee of 15% of the product’s original selling price.
      4. Once contacted, the Customer Service representative will provide you with an RMA number and inform you of where to send your merchandise. Please write the RMA number on your packing slip and include the original packing slip with your return. C.O.D. returns will not be accepted. The RMA number will be honored for only one (1) order and must match the product authorized for return. The RMA number will be valid for thirty (30), twenty (20) or fifteen (15) days from the date the RMA was issued by IT1, depending on the RMA policy of the OEM or Distributor from which the specific item was ordered. Merchandise should be returned in its original packaging along with any certifications, instructions, etc. You are responsible for all shipping costs of product that has not been determined to be non-conforming (according to the definition above).
      5. Software returns will be accepted for refund only if the product is unopened. Non-defective software that has been opened will not be accepted by IT1 for return. Defective software may be returned for exchange with the same product only. All refunds for non-defective items exclude shipping and handling charges. Please allow 2-4 weeks for refunds to be processed and credited to your account. If you are seeking a replacement of any software, please follow the RMA procedures set forth above. All items returned must be in “as-new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packaging slip must be included and the RMA number visible on the package. Failure to follow these instructions could result in a delay or partial forfeiture of your refund. If part of a product becomes defective, the full product must be returned for credit or replacement.
  8. Disclaimer of Warranties
    1. All products sold on this Website are guaranteed against defects for thirty (30) days from the date of invoice. EXCEPT AS EXPRESSLY STATED HEREIN, IT1 MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THIS WEBSITE. EXCEPT AS EXPRESSLY STATED HEREIN, IT1 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO IT1 ARISING FROM ANY PRODUCT OR SERVICE SOLD ON THIS WEBSITE SHALL BE THE PRICE OF THE PRODUCT OR SERVICE SOLD. IN NO EVENT SHALL IT1, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT OR SERVICES SOLD. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
  9. Manufacturer’s Warranty
    1. All returns and replacements occurring after thirty (30) days from the invoice date must be made directly with the manufacturer. Manufacturer’s warranties vary on each product. Extended warranties are available directly from select manufacturers. Manufacturer information is subject to change without notice. As described in Section 4 above, IT1 makes no representations or warranties with respect to any products or services offered on this Website.
  10. Service and Support
    1. All requests for technical service and support should be made directly to the manufacturer in accordance with its terms and conditions. Professional services are generally provided under specific terms and conditions. Please check with your sales representative to assist in pricing and configuration prior to placing an order that includes services.
    2. Next Day and Second Day Deliveries
    3. Unless a different order cutoff service level was agreed to in a separate agreement, to ensure next day and second day deliveries, orders must be placed by 2:00 pm Central Time. If an order is not received prior to 2:00 pm Central Time, IT1 will not be accountable for meeting next day or second day delivery schedules.
  11. Submissions
    1. If you transmit any information of any kind (including software) to this Website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that IT1 may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to IT1 and without acknowledgment of authorship or source. IT1 shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold IT1 harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.
    2. IT1 may review transmissions to this Website from time-to-time, but is under no obligation to do so. IT1 disclaims all responsibility for the content of such transmissions and all liability arising from such content. You may not transmit any inflammatory, libelous, defamatory, obscene, unlawful, threatening, or otherwise objectionable information to this Website. IT1 may remove any transmissions to this Website at any time. IT1 shall not be liable for any compensation, claims, or damages resulting from any transmissions to this Website and you agree to defend and hold IT1 harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.
  12. General Terms and Conditions
    1. Jurisdiction and Governing Law
      1. IT1 controls and operates this Website from Scottsdale, Arizona, USA, and makes no representation or warranty that the content of this Website is appropriate, lawful, or available for use in other geographic locations. If you use this Website from other locations, you are responsible for compliance with all applicable local laws. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Website shall be an appropriate federal or state court located in St. Louis County, Missouri. If any portion of these Terms and Conditions is unlawful, invalid, or unenforceable, then such portion of these Terms and Conditions shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of these Terms and Conditions. Software made available on this Website may be subject to United States export control laws, which state that certain software cannot be downloaded from this Website to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software made available on this Website, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list.
    2. Privacy Policy
      1. When you place an order with IT1, we ask for your name, your billing address, the address for shipment of the order, your credit card number and expiration date and your email address. 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, and for statistical purposes to improve our site and services to you. To read our Website’s complete privacy policy, click here.