StarkLED E-Commerce & RMA Terms. The following terms and conditions (“Terms“) govern (1) your use of the membership features of www.starkled.com (“Site“); (2) any purchase of products or services (“Products“) manufactured or distributed by Agora Pacific Inc.  or its affiliated companies (“StarkLED“) through the Site; and (3) any return of Products through the Site, through StarkLED’s Return Management System (RMS), and through any other method by which a valid Return Material Authorization (RMA) is issued by StarkLED. By registering, placing an order on the Site or returning a Product to StarkLED, you are indicating your acceptance of these Terms. These Terms shall supplement any subsequent terms or conditions included with any order acknowledgment or shipping confirmation, whether or not such terms or conditions are signed by StarkLED. In addition, by using the Site, you are subject to, and you agree to be bound by, the Terms and Conditions and the Privacy Policy. StarkLED reserves the right to make changes to these Terms at any time. Your continued use of the membership features of the Site, or the return of any Product, constitutes your acceptance of the revised terms.

 

Accounts
If you register on the Site, StarkLED will establish an account for you and you will be required to create a user name and password. You agree that you will not misuse or abuse account access and passwords. You also agree that only you will use your account and that you will take all reasonable precautions to protect your account against unauthorized use. You will be fully responsible for any activity on your account, whether authorized or unauthorized.

Capacity to Contract
You represent to StarkLED that you are of the legal age of majority in the country, state or province of your residence (e.g., at least 19 years old if you are a resident of Alabama or Nebraska, 21 years old if you a resident of Mississippi, or 18 years old if you are a resident of any other jurisdiction in the United States).

Personal Data
Whether you are registering on the Site or ordering or returning a Product, you must provide true, accurate and complete information about yourself as prompted by the registration/order/return form, including without limitation, your name, address, e-mail address, telephone number and credit/debit card information, as applicable (collectively, “Personal Data“). You must maintain and promptly update your Personal Data to keep it true, accurate, current and complete. If StarkLED has reasonable grounds to suspect that any part of your Personal Data is untrue, inaccurate or incomplete, StarkLED has the right to suspend or terminate your membership or purchase/return order. You acknowledge that StarkLED may send you important information and notices regarding your membership or purchase/return by e-mail, and that StarkLED shall have no liability associated with or arising from your failure to maintain accurate Personal Data.

StarkLED Return Policy and Product Warranty Returns
In connection with Product returns, you agree to comply with and be bound by the StarkLED Return Policy, which is incorporated herein by reference and made part of these Terms. StarkLED reserves the right not to process any return that does not comply with the StarkLED Return Policy and these Terms. Returned Products must be received by our warehouse within 30 days of creating the RMA.

 

StarkLED validates every warranty claim through visual, mechanical, and functional testing to ensure that the returned Product is in compliance with the StarkLED Return Policy. Please refer to the warranty statement supplied with your Product and the StarkLED Return Policy for additional information. Please also refer to the StarkLED Warranty Void Checklist as a visual aid for guidance regarding other factors that could affect that status of your warranty claim. For additional assistance regarding return of Products, please see Warranty and Returns Assistance. Please note that evidence of the following will result in rejected warranty claims:

- Tampered or Misused Products. Products that have been dropped, shocked, mishandled, subjected to improper operation, modified, or damaged internally or externally are not eligible for warranty service.

- Electrical Overstress. Products subjected to improper voltage or current are not eligible for warranty service.

- Improper Packaging.

- Out-of-Warranty, Expired, or Void Warranty. Please contact StarkLED to determine the warranty status of your Product.

- No Trouble Found (NTF). Before returning your Product, you may contact StarkLED to determine the condition of your disk product and whether it is eligible to be returned under warranty.

 

If a Product is returned in compliance with these Terms and the StarkLED Return Policy, StarkLED will provide a functionally equivalent replacement Product in accordance with your Product warranty. StarkLED may replace your Product with a Product that was previously used, repaired and tested to meet StarkLED specifications. The turn-around time for your replacement Product is approximately two (2) weeks; but if no replacement Product is immediately available, your turn-around time may be longer. Product that you return to StarkLED will not be returned to you if it passes the StarkLED warranty validation process, and you agree that title to such returned Product will be transferred to StarkLED.

 

If StarkLED receives a Product that is not in compliance with these Terms and the StarkLED Return Policy, StarkLED will notify you using the contact information you provided to StarkLED. StarkLED will return the Product to you only if you make a written request in accordance with the notification we send to you. In order to request the return of Product, you must provide the information requested in the notice within fifteen (15) days of the date of the notice for US customers and within thirty (30) days of the date of the notice for non-US customers. StarkLED reserves the right to charge you a processing and inspection fee for Product returned that is not in compliance with these Terms and the StarkLED Return Policy. StarkLED reserves the right to reject RMA requests from parties that previously have returned Product not in compliance with these Terms and to scrap or otherwise disposition any Product that is returned by such parties. StarkLED will make the Product available to you at a designated location so that you can arrange for shipping at your expense. If you would like to request to have the Product returned, please include your carrier account number (UPS, FedEx, etc.). Depending on your location, you may be required to arrange for collection of the Product from the courier. If StarkLED does not receive your written request and prepayment within the time periods specified above, StarkLED will deem that you wish to abandon the non-compliant products, and will destroy them on your behalf. In such an event, it will be deemed that you have waived all claims against StarkLED relating to the abandoned products. Any returned Products may also be marked “void” to prevent them from being resubmitted for warranty service; we may also remove any unauthorized serial number labels.

Advanced Replacement
As a condition of our advanced replacement offer (ARO), the Product must be returned to our warehouse within 20 days of creating the ARO. If the Product is not returned to our warehouse within 20 days, a flat rate fee based on capacity will be assessed and charged to your credit or debit card (“Asset Recovery Fee“). If you return the Product to StarkLED within 30 days after the Asset Recovery Fee is assessed and charged to your account, you may be eligible to receive a partial or full refund of the Asset Recover Fee, in the discretion of StarkLED. StarkLED is not responsible for any overdraft or other fees charged to your account in the event your account contains insufficient funds or credit limits to pay the Asset Recovery Fee. In the event StarkLED is not able to collect the Asset Recovery Fee in full, you no longer will be eligible to participate in ARO services. Note for Canadian customers: Additional amounts may be collected by StarkLED for reimbursement of GST/HST, and where applicable PST, paid in connection with StarkLED’s importation of equipment to and on behalf of customers in Canada.

Typographical Errors
In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from StarkLED’s suppliers, StarkLED shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. StarkLED shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is canceled, StarkLED shall immediately issue a credit to your credit/debit card account in the amount of the charge.

Feedback
StarkLED welcomes all comments, feedback, information or materials, which you submit to StarkLED through or in conjunction with your use of any of the membership features or order/return features available on the Site (“Feedback“). Please note that your Feedback shall be considered non-confidential and become StarkLED’s property. By submitting your Feedback to StarkLED, you agree to a no charge assignment to StarkLED of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. StarkLED shall be free to use your Feedback on an unrestricted basis.

Order Acceptance
StarkLED will only accept orders for Products in compliance with all applicable laws, statutes, ordinances and regulations and from persons of the legal age of majority in the country, state or province of their residence. Terms of payment shall be determined in StarkLED’s discretion and as otherwise agreed to by StarkLED. Payment shall be made by a credit/debit card or some other pre-arranged method of payment acceptable to StarkLED. Your receipt of an electronic or other form of order confirmation does not signify StarkLED’s acceptance of your order, nor does it constitute confirmation of the order or StarkLED’s offer to sell. StarkLED reserves the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and StarkLED shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. StarkLED may require, at StarkLED’s option, that any order placed over certain dollar amounts receive StarkLED’s pre-approval. StarkLED may also require additional verification or information before accepting any order. An order is deemed accepted upon StarkLED’s shipment of the Products ordered, and StarkLED will charge your credit/debit card upon such shipment. StarkLED reserves the right to refuse service, cancel your order, or refuse shipments of returned merchandise if StarkLED believes that your order was placed with the intent to violate StarkLED warranty policies or these Terms, including without limitation the StarkLED Return Policy.

Prices, Shipping and Handling Charges
Unless otherwise noted, shipping, handling, customs, duties and taxes (as applicable) will be shown as additional charges on the invoice. In accordance with the StarkLED Return Policy, you must pay all applicable duties and customs charges for shipments to and from StarkLED.

 

Sales and Other Taxes
Taxes that StarkLED is obligated to withhold (e.g., sales tax for delivery within certain states of the United States and taxes for other countries or provinces) shall be automatically charged and withheld by StarkLED.

Product Availability
Although availability may be indicated on the Site, StarkLED cannot guarantee Product availability and Products may not be available for immediate delivery. StarkLED reserves the right, without liability or prior notice, to revise, discontinue or cease to make available any or all Products or to cancel any order. If there is any revision, discontinuance or cessation, StarkLED may, in StarkLED’s discretion, ship Products which have substantially similar functionality and specifications to the Products ordered, or cancel your order.

Title and Risk of Loss
Title to any ordered, returned, and replacement Products will pass to you upon StarkLED’s delivery of such Products to its designated shipping carrier, except that title to any software included with the Products will remain with the applicable licensor(s). You will be responsible for any risk of loss or damage to the Products after StarkLED delivers them to the shipping carrier. In the event of any damage or loss during transit, it is your responsibility to file a claim with the shipping carrier.

Software
All software (including pre-loaded software included in hardware) is provided subject to the software’s user license agreement, and you agree to be bound by such agreement.

Technical Service and Support
All requests for technical service and support for Products purchased should be made directly to the person/entity identified on the packaging of the Products or in any documentation provided with the Products in accordance with the terms and conditions set forth on or in such packaging or documentation. If you need assistance in determining who to contact or if you would like more information on technical service and support, please contact us.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the membership, purchase or return features of the Site. StarkLED may, in StarkLED’s sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If StarkLED becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the Terms and Conditions of the Site, StarkLED may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation StarkLED may suspend services to you if you are implicated and/or remove any material from StarkLED’s servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms or the Terms and Conditions of the Site could be subject to criminal or civil penalties.

New Product Refunds
Sales of new Products on the Site may be eligible for full or partial refunds. For more information, go to StarkLED Refund Policy. Products sent to you as warranty replacement Products are not eligible for refunds under the StarkLED Refund Policy.

Termination of Usage
StarkLED may terminate or suspend your membership or your access to or use of any ordering or return features of the Site, without notice, for any conduct that StarkLED believes is disruptive to the Site or is in violation of any applicable law or these Terms, including without limitation StarkLED warranty policies or the StarkLED Return Policy.

Disclaimer and Limitation of Liability as to Products Sold
Any Product offered on the Site is warranted only if, and only to the extent of the existence of, the applicable manufacturer’s warranty, if any, and is distributed by StarkLED on an “AS-IS” basis without warranty by StarkLED. EXCEPT AS EXPRESSLY STATED HEREIN, STARKLED DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OFFERED OR PROVIDED THROUGH THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, STARKLED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OFFERED OR PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A limited warranty statement may be included with each Product shipped to you. StarkLED will be obligated to honor any such warranty only upon StarkLED’s receipt of payment in full for the Product to be warranted. FOR ANY BREACH OF THESE MEMBERSHIP/E-COMMERCE TERMS, STARKLED’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED OR RETURNED BY YOU (AS APPLICABLE). IN NO EVENT SHALL STARKLED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE MEMBERSHIP/E-COMMERCE TERMS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF STARKLED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. STARKLED SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE MEMBERSHIP/E-COMMERCE TERMS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND STARKLED’S CONTROL.

Copyright and Trademark Notice
Any copyright or trademark notice affixed on any Products provided through the Site must remain affixed on the Products at all times.

 

Jurisdiction and Governing Law
StarkLED makes no representation that any Products offered for purchase on the Site are appropriate for use at locations outside of the United States, and access to the order features on the Site from countries outside of the United States is prohibited. In addition, StarkLED makes no representation that any membership or return features or services available on the Site are appropriate or legal for those individuals accessing them outside of the United States. If you are using or accessing the Site from a location outside of the United States, you are responsible for compliance with all local laws. The use of the membership and purchase/return features of the Site and these Terms are governed by the laws of the United States and the State of California, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of the membership and purchase/return features of the Site and these Terms must be brought in Los Angeles County, California and must be brought within one year after the claim or cause of action arises or it is barred. You irrevocably submit to the jurisdiction of the State and Federal courts located in Los Angeles County, California.

International Trade Compliance
The goods licensed or sold under these Terms, and the transaction contemplated hereby, which may include technology and software, are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under United States law, the goods shipped under these Membership/E-Commerce may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that it is your responsibility to comply with and abide by those laws and regulations, and that any third party that you request StarkLED to route product to directly has also been made aware of the associated export controls.

General
If any provision of these Terms shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not be affected thereby. In the event of any conflict between the English version of these Terms and any other language versions, the English version shall control to the extent of the conflict. Products offered on the Site are solely for the use of StarkLED’s customers. You may not assign your rights or obligations under these Terms without StarkLED’s express written consent.

How to Contact StarkLED
If you have any comments or questions, please do not hesitate to contact StarkLED.

 

Updated: Sep. 6, 2011