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Terms of Service

TERMS OF SERVICE

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Please read these terms and conditions carefully.  This website is operated by AlegnaHub and throughout the site, terms; “we”, “us” and “our” refer to AlegnaHub.  AlegnaHub offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and /or contributors of content.

Please read these Terms of Service carefully before accessing or using our website.  By accessing or using any part of the site, you agree to be bound by these Terms of Service.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  If these Terms of Service are considered and offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – GENERAL SALES POLICY FOR PRODUCTS

We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit care information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.  

Prices:  

Prices listed do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice.  Sale prices may change at any time and are only valid once a purchase has been made with a valid credit card payment.  


Sales Tax:

Customer is responsible for payment of all applicable state and local tax or submit a tax exemption certificate to AlegnaHub.


Payment and Terms:

AlegnaHub accepts Visa, MasterCard, American Express, PayPal, and Discover. Please contact AlegnaHub directly at awilson@alegnahub.com or 402-715-5283 if you need to set up net terms instead of using a credit card for payment.  AlegnaHub will require valid credit references and a purchase order number in order to set up net 30 terms.  All credit extended by AlegnaHub and the limits of such credit, is at AlegnaHub’s sole discretion, and may be reduced or revoked by AlegnaHub at any time, for any reason.  As a condition of continued credit, AlegnaHub reserves the right to request current financial information including business financials, bank information, and current credit information.  

See additional Terms and Conditions regarding Credit terms if requesting such.

General Conditions:

You agree not to reproduce, duplicate, copy, sell , resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Section 3 - Freight Policy

Prices stated are for F.O.B. origin, freight is prepaid to destination specified in the order.  AlegnaHub charges a shipping and handling fee on each order which is applied at time of order and reflected at checkout.  Receipts for shipping and handling will not be furnished.  Customer must contact AlegnaHub at alegnahub@alegnahub.com or  402-715-5283 if they require special shipping not outlined at checkout.

Section 4 – Disclaimer of Warranties – Limitation of Liabilities

AlegnaHub does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You agree that from time to time we may remove the service or product for indefinite periods of time or cancel the service or product at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk.  The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions or merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall AlegnaHub, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss of damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.  

Section 5 – Accuracy, Completeness and Timeliness of Information

AlegnaHub is not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this site is at your own risk.  This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site.  

Section 6 – Modifications to the service and prices

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part of content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 7 – Products and Services

Certain products or services may be available exclusively online through the website.  These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  We have made every effort to display as accurately as possible the colors and images of our products that appear on our ecommerce site.  We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.  

Section 8 – Confidential Information

Any information that parties receive or otherwise have access to incidental to or in connection with this agreement (collectively, the “Confidential Information”), shall be and remain the property of the disclosing party.  Confidential information shall not include information which: (i) was in the possession of the Receiving party at the time it was first disclosed by the Disclosing Party; (ii) was in the public domain at the time it was disclosed to the Receiving Party; (iii) enters the public domain through sources independent of the Receiving Party and through no breach of this provision by the Receiving Party; (iv) is made available by the Disclosing Party to a third party on an unrestricted, non-confidential basis; (v) was lawfully obtained by the Receiving Party and a third party not known by the Receiving Party to be under an obligation of confidentiality to the Disclosing Party; or (vi) was at any time developed by the Receiving Party independently of any disclosure by the Disclosing Party.  Confidential information to any third party, except to its agents (who have executed confidentiality agreements containing terms substantially similar to the terms) as necessary to provide the Work hereunder.  In no event shall Buyer acquire any right, title, or interest in and to any product or process information, including related know how, either existing or developed during the course of the business relationship with Supplier and Buyer, and in no event shall Supplier acquire and right, title, or interest in and to any materials or information provided to it by the Buyer.

Section 9 – Indemnification

The indemnifying party, as Indemnitor, shall indemnify, defend and hold harmless the indemnified party, as Indemnitee, its officers, directors, employees, agents, subsidiaries, and other affiliates from and against any and all claims, damages, liabilities, and expenses (including attorney fees) arising from any third-party claim based on Indemnitor’s breach of any representation, warranty, covenant, agreement, or obligation under the Order or this Agreement, or Indemnitor’s grossly negligent and/or willful acts in carrying out its obligations under the Order or the Agreement, provided that in no event shall Supplier be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by Buyer (including the use of information, artwork, logos, and/or the basis of the indemnity provision, Indemnitee shall promptly provide notice to Indemnitor of any such claim, tender the defense of the claim to Indemnitor, and cooperate with Indemnitor in the defense of the claim.  Indemnitor shall not be liable for any cost, expense, or compromise incurred or made by Indemnitee in any legal action without the Indemnitor’s prior written consent.

Section 10 – Accuracy of Billing and Account Information

AlegnaHub reserves the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person or order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.  You agree to provide current, complete and accurate purchase and account information for all purchased made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  

Section 11 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provide by the relevant third-party provider(s).   We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these Terms of Service.

Section 12 – Third-Party Links

Certain content, products and services available via our service may include materials from third-parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 13 – User Comments, feedback and other Submissions

If at any time, you send certain submissions such as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property of these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 14 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

Section 15 – Severability

If any portion of these terms and conditions is found to be invalid or unenforceable, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

Section 16 – Force Majeure

AlegnaHub shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of AlegnaHub in the conduct of business.

Section 17 – Product Returns

See the Return Policy for more details.

Section 18 – Cancellation of Product Orders

All poduct order cancellations must be approved by AlegnaHub, and may be denied or subject to a restocking fee and other charges.  

Section 19 – Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of AlegnaHub.  Any actual or attempted assignment with AlegnaHub’s prior written consent shall entitle AlegnaHub to cancel such order upon notice to customer.

 

Section 20 – Entire Agreement

The failure of us to exercise or enforce any right of provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or comtemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 – Governing Law

These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Nebraska, USA.

Section 22 – Changes to Terms of Services

You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.  It is your responsibility to check out website periodically for changes.  Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  

Section 23 – Contact Information and Business Disclosure

Questions about the Terms of Services should be sent to AlegnaHub at alegnahub@alegnahub.com.  AlegnaHub is an ecommerce website powered and owned by Predictive Technology, Inc. 11011 Q Street, Suite 103C, Omaha, NE 68137.

 

End of Terms of Service




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