BorderLAN is a 3rd party provider of manufacturer products and services which are re-sold and provided as (“Services”). Unless specified as BorderLAN Services, the Services sold by BorderLAN are created and supported the respective product manufacturer. Upon purchase of any Services, you agree to the specific products END USER LICENSE AGREEMENT from the product manufacturer of your purchase whether such Agreement was provided to you prior to or post purchase. By using our purchasing Services, you are agreeing to these Terms of Service. Please read them carefully.
Purchasing our Services
Purchasing our Services occurs with there is an issuance of a Purchase Order, payment via credit card, or request of an invoice by you, hereby called (“Purchase”) and such Purchase may not be cancelled once an order is placed unless it is specified in writing in a signed executed contract. Non payment of any Purchase is not allowed and BorderLAN must pursue collection of non-payed debt. For this reason we recommend our Customers evaluate products prior to a Purchase commitment. Financed or multiple year payment contracts also may not be cancelled but can be accelerated with early payments.
Each Service contains proprietary software and or hardware along with materials and information that should not be tampered with or shared with general public. Services may be used only as permitted by law, including applicable export laws and regulations. Using Services does not give you ownership of any intellectual property rights in the Purchased Services.
Services we represent are primarily not BorderLAN’s. The use and content of Services is the sole responsibility of the entity manufacturer that makes it available. We believe that you own your data and and the usage of the Service that moves, manipulates or otherwise backs up, archives, fiters or encrypts data. We encourage you to properly learn the Services once Purchased to ensure you continue to have access to such data.
As a customer who has Purchased Services from BorderLAN, we may send you service announcements, customer service messages, and other information. You may opt out of communications.
As Services are sold as a PRE-PAYMENT for a terms, you can stop using Purchased Services at any time but will not receive a refund, nor may cancel any future payments committed via contract that is considered a Purchase.
Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BORDERLAN NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, BORDERLAN and BORDERLAN’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BORDERLAN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO 25% OF THE AMOUNT YOU PAID US TO USE THE SERVICES. IN ALL CASES, BORDERLAN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
BorderLAN may modify these terms or any additional terms that apply to a Service. The laws of California, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Diego, California, USA, and upon Purchase you consent to jurisdiction in those courts.