Terms and Conditions – Site Store

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions (“Contract”) that apply to your purchase from the Expedient Solutions Inc. entity named on the packing slip / invoice (“ES”) that will be provided to you (“Customer”) on orders for products sold in the United States and other international locations; electronic download purchases will not receive such slip / invoice. By accepting delivery of the products described on that invoice or by downloading any electronic information, Customer agrees to be bound by and accepts these terms and conditions (“contract”). THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH ha-yesod.com, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in Expedient Solutions Inc.’s sole discretion. Visit this page to review current Terms and Conditions of Sale which are binding on you.

  1. Other Documents.These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Expedient Solutions Inc.   (“ES”).
  2. Governing Law.THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  3. Payment Terms; Orders; Quotes; Interest.Terms of payment are within ES’s sole discretion, and unless otherwise agreed to by ES payment must be received by ES prior to ES’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by ES. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. ES may invoice parts of an order separately. Orders are not binding upon ES until accepted by ES. Any quotations given by ES will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. ES reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.
  4. Shipping Charges; Taxes.Separate charges for shipping and handling will be shown on ES’s invoice(s). Unless Customer provides ES with a valid and correct tax exemption certificate applicable to the product ship-to location prior to ES’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for  taxes on ES’s net income. If applicable, a separate charge for taxes will be shown on ES.’s invoice.
  5. Title; Risk of Loss.Title to products passes from ES to Customer on shipment from ES ‘s facility. Loss or damage that occurs during shipping by a carrier selected by ES is ES ‘s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
  6. Warranties, DisclaimersES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF’ MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELECTRONIC DOWNLOADS are provided “AS IS”.  In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms, if any, contained elsewhere in this site.
  7. Return Policies.ES products that are purchased directly from ES by an end-user Customer may be returned by Customer in accordance with ES’s return policy in effect on the date of the invoice.  Electronic downloads are not returnable and provided “AS-IS”.
  8. ES ‘s policy is one of on-going product update and revision. ES may revise and discontinue products at any time and are not responsible for typographical errors or misprints. ES reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
  9. Price Definitions and Promotions.“Retail price” is defined as the manufacturer’s suggested retail price. “ES price” refers to the product’s non-promotional price on www.expedientsolutions.com. “Sale price” is a limited time promotional price for the product.  ES conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of ES Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. ES reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
  10. Limitation of Liability.ES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. ES WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
  11. Waiver of Jury Trial.The parties hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding or hearing brought by a party hereto or its successors or assigns on any matter whatsoever arising out of, or in any way connected with, this Contract, the relationship of the parties hereto, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.
  12. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one retired judge of the Orange County Superior Court. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures which are available on request. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.  In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.  In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.  The arbitrator shall be required to follow and apply the laws of the State of California.   The costs of arbitration will be borne by the party initiating the arbitration, but the prevailing party, if any, will be entitled to recover reasonable fees and reasonable costs incurred in connection with that proceeding. To achieve a prompt and less costly determination, the parties waive the right to any discovery in such arbitration proceeding, and request that it be within 60 days of the appointment of the arbitrator.
  13. Class Action Waiver.  Except as otherwise required under applicable law, (1) ES and Customer expressly intend and agree that class action and representative action procedures shall not be asserted, nor will they apply, in any action, arbitration or other proceeding arising out of or related to this Contract; (2) ES and Customer agree that each will not assert class action or representative action claims against the other in arbitration or otherwise; and (3) ES and Customer shall only submit their own individual claims in any action or arbitration and will not seek to represent the interests of any other person.
  14. Applicable Law; Not For Resale.Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. ES has separate terms and conditions governing resales.
  15. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
  16. By ordering any product from ES whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms”, if any, contained elsewhere in the ES site.