TERMS OF USE AND PRIVACY STATEMENT

 

 

The services of NTI The Connector People® are subject to the Terms of Use and Privacy Statement which can be found by clicking on the "Terms of Use" link at the bottom of our web pages.  The Terms of Use and Privacy Statement are subject to change without prior notice.  Any use or access to this site or the data on this site constitutes acceptance of these Terms of Use and Privacy Statement. Your continued use of this site after any changes in the Terms of Use and Privacy Statement signifies your agreement to those changes.

 

USE OF SITE LIMITED TO REGISTRANTS BUSINESS ENTITY AND AUTHORIZED AGENTS OF THAT ENTITY:

 

Use of those portions of this site requiring registration is limited to registered users who represent that they are authorized agents of the company or enterprise identified in the registration process.  In order to use the site, You must complete the registration process by providing use with current, complete and accurate information requested.  Registration involves your selection of a username and password.  You are solely responsible for maintaining the confidentiality of your username, password and account information.  Registered users will not allow access to this site to others and will not disseminate, publish, transfer or convey their user name or password to others. You, and the company or enterprise which is your principal, are also solely responsible for all activities which occur under your account.  You further agree to notify NTI The Connector People® of any and all unauthorized account activity.

 

USER IS ENGAGED IN COMMERCE AS A MERCHANT AND IS NOT A CONSUMER:

 

The information provided on this site and the goods sold are for the use of other merchants, distributors and manufacturers and are not meant for consumption by household consumers.  By accessing or using this site (as a registered user or otherwise), you represent that you are an agent of an enterprise engaged in commerce fitting the definition of a merchant under the Uniform Commercial Code.  You also represent that you are not a consumer within the meaning of the various State and Federal Consumer Protection Laws and waive all rights of such consumers.

 

NO UNLAWFUL USE OR ACTIVITY:

 

You agree that you will not use or allow the use of this site for any unlawful, illegal or prohibited purposes.  You may not use this site or the information in this site in any manner which may damage, disable, overburden or impair the data on the site or any server or network supporting the site.  You may not interfere with any other person or party's use of the site or gain unauthorized use or access to the site. You may not use any software, technique or methodology to access the site or information contained within the site for the purpose of systematically extracting or mining data from the site for any use other than for the limited purpose of selecting and purchasing product from NTI The Connector People®.  You also may not use the site to obtain information or material through any means not expressly made available through the site.

 

PROTECTION OF INTELLECTUAL PROPERTY:

 

Elements of our website are protected by trade dress, trademark, unfair competition, copyright and/or other laws.  NTI The Connector People® and The Connector People® are trademarks. By using our site, you agree to protect any interest in property which NTI The Connector People® have.  You also agree that the non-publicly available information on the site not already owned by others is the exclusive property of NTI The Connector People®.  You further agree that you may not copy, distribute, modify, display, transmit, reproduce, post on any other web site or computer network, publish, license, sub license, create derivative works from, claim ownership to, or sell any information, graphics, software, products, service, methods, or methods or means of organization of data (even if publicly available) obtained from accessing or using our website.  You specifically agree not to copy the lists or compilations of parts, part numbers or information about parts contained within or used by this site and further agree that the collection of such information and its organization is the proprietary property of NTI The Connector People®.  You agree that in no event will any collection of information from this site be used or copied to compete, either directly or indirectly, against NTI The Connector People®.  You also agree that you will not alter the contents, layout, composition or programming of our website. No icon, logo, graphic, button, sound, image, or other visual, auditory, computer or data construct may be copied or re-transmitted without first obtaining the express written permission of NTI The Connector People®.

 

DISCLAIMER OF WARRANTIES, SUITABILITY AND FITNESS FOR USE:

 

The information in the website is provided AS IS.  Products sold through the site or from NTI The Connector People® are SURPLUS. WE ARE NOT A FRANCHISED DISTRIBUTER OF ANY MANUFACTURER. All goods are sold AS IS. By providing the information on the website and selling goods, no express or implied warranty is made whatsoever and any such warranty is expressly disclaimed. No warranty is made that the information supplied or parts sold (1) will conform to the manufacturers' specifications (2) is compliant with any other specification, protocol, standard or requirement and/or (3) are fit for any particular use or function. It is the sole responsibility of the Buyer, and not NTI The Connector People®, to determine if the goods sold are damaged by age, environmental conditions or otherwise. Because NTI The Connector People® sells SURPLUS product which may not have been sourced from the original manufacturer, it is the user/buyers' responsibility, and not that of NTI The Connector People®, to verify that the parts sold conform to the description and manufacturers' part number(s) listed provided in the website, the invoice, buyers purchase order or other documentation. NTI The Connector People® will not be held responsible for damages flowing from the use or misuse of any parts due to Buyer's failure to adequately inspect and/or verify the items advertised and sold as listed in the invoice or this website or from the use of such parts (or any information gathered from the website or otherwise) in any particular application. You agree to indemnify and hold NTI The Connector People® harmless from any claim arising from your (or your agent or principal's) failure to adequately inspect and/or verify the information on this website or any items sold by NTI The Connector People® or from the use of parts sold or information obtained in any particular application. It is your responsibility to inform subsequent purchasers of the parts sold (or components into which the parts have been integrated by Buyer) of the SURPLUS/AS IS nature of these parts and the terms of this invoice. If parts sold do not conform to the buyer's satisfaction, and NTI The Connector People® are notified within ten (10) days of receipt, we will refund the purchase price or replace the goods sold at our option, with the shipping costs of any return and/or replacement to be borne by NTI The Connector People®.

 

NTI The Connector People® makes no representation or warranty concerning the suitability or accuracy of the information published as part of the services provided.  All documents, information and graphics are provided "AS IS" without warranty of any kind.  By agreeing to the Terms of Use, the user recognizes that information provided on this site or documents available on this site may contain technical inaccuracies, typographic or other errors. NTI The Connector People® disclaims all warranties with regard to this information, including warranties of merchantability, fitness for a particular use or purpose, title and non-infringement, whether express or implied, found at common law or by statute.  In no event shall NTI The Connector People® be liable for any special, indirect, consequential or punitive damages resulting from the use of products or data.  This limitation on damages shall apply to all actions, causes of actions, claims, suits or other disputes of any nature, whether brought in contract, tort, equity or otherwise.

 

DISCLAIMER OF CONTENTS OF OTHER SITES

 

Our site may contain links to other sites.  The existence of a link to any other site, including manufacturer's sites, shall not be construed as statement that we have any relationship whatsoever to such other entities.  WE ARE NOT A FRANCHISED DISTRIBUTER OF ANY MANUFACTURER.  Further, such links are solely for the convenience of the user and we make no representation, warranty or guaranty as to the accuracy or legitimacy of information or data contained within any other site or any site to which we may provide a link. The external sites linked to by us are developed by third parties over whom we exercise no control. We assume no responsibility for the content of any site linked to by NTI The Connector People®

 

PRIVACY STATEMENT:

 

NTI The Connector People® is committed to building trusting and productive relationships with our customers and suppliers.  Our ability to service our customers depends upon understanding their needs. Accordingly, some data concerning our customers is necessarily collected in the course of communications and transactions whether over the internet, the telephone, by facsimile or otherwise.  Such data includes the customer name, the parts ordered, the shipping address, shipping account numbers and other information. This information is not sold or distributed by NTI - The Connector People® unless specifically requested by the customer.  We will not provide your personal information to marketing companies or others seeking, for instance, to target you for advertisements.  By opting to agree to our privacy statement and terms of use you authorize us to collect information solely for our internal purposes including servicing your account.

 

LIMITATION OF DAMAGES AND LIABILITY:

 

You agree that recovery of any damages for any reason related to or arising out of the access or use of this site or the information contained within this site shall be limited to $100.00.  In no event shall NTI The Connector People® be responsible for any damages, whether direct, incidental, special, consequential, physical, bodily, punitive, exemplary or otherwise in excess of $100.00, whether or not NTI The Connector People® had knowledge that such damages might be incurred.

 

You further agree that any damages for any reason related to the purchase of products from this site or NTI The Connector People® shall be limited to the purchase price of the goods sold. In no event shall NTI The Connector People® be responsible for any damages, whether direct, incidental, special, consequential, physical, bodily, punitive, exemplary or otherwise in excess of the purchase price of the goods, whether or not NTI The Connector People® had knowledge that such damages might be incurred.

 

SHIPPING:

 

All sales of product from NTI The Connector People®  shall be under an invoice reflected a shipment contract, F.O.B. Seller's city. The risk of loss in transit shall be borne by Buyer. NTI The Connector People® shall not insure the goods in transit with the designated carrier unless specifically directed to do so by the Buyer. Buyer agrees that NTI The Connector People® will have completed its performance with reference to the shipment and delivery of the goods at the time we deliver the goods to the carrier for shipment. NTI The Connector People® shall not have to notify Buyer that the items have been shipped unless specifically requested by Buyer at the time any order is placed.

 

ENTIRE AGREEMENT:

 

These Terms of Use and Privacy Statement together with any invoices, if any, constitute the entire agreement between the parties with respect to the subject matters therein and supersedes all prior agreements, understandings, conversations, negotiations, both written and oral, between the parties with respect to the subject matters therein. Any changes shall be in writing signed by all parties.

 

RESOLUTION OF ANY DISPUTE BY ARBITRATION:

 

Buyer and Seller agree as a material term of the Terms of Use and Privacy Statement that any controversy or claim which you  may have arising out of or relating to this agreement shall be submitted to and settled by arbitration in Philadelphia, PA, in accordance with the rules then obtaining of the American Arbitration Association. Such Arbitration shall be conducted by three arbitrators. In no event shall an award in arbitration initiated by Buyer under this clause exceed the amount of any invoice issue or, if no invoice is issued then $100.00. All claims of damages are subject to the limitation of damages clause above.  Any award made by a majority of such arbitrators shall be final, binding, conclusive and unappealable and judgment may be entered thereon in any court having jurisdiction thereof.