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Terms of Use

Acceptance of Contract Terms: Welcome to the Quality Two-Way Radios website (referred to as the "Site" here in). Quality Two-Way Radios (a subsidiary of Beachwood Merchandising Corporation) provide services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Shopping, Customer Reviews, etc.), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

 

In exchange for accessing, browsing and/or using this site, you agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations. You represent that you have the legal authority to accept these Web Site Terms of Use on behalf of yourself or any party you represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

 

These Terms of Use along with the policies, rules, guidelines, terms and conditions that by reference are incorporated into this Agreement are the complete agreement between you and Quality Two-Way Radios with respect to the products you purchase on this site and will constitute a contract between you and Quality Two-Way Radios. No other terms and conditions shall apply and Quality Two-Way Radios shall not be bound by any other terms and conditions whatsoever, including those which may be included in your customary purchase orders.

 

Quality Two-Way Radios is owned and operated by Beachwood Merchandising Corporation and as such this Agreement is also between you and Beachwood Merchandising Corporation.

 

Quality Two-Way Radios reserves the right to modify, change or revise these Terms of Use, in whole or in part, at any time and without any notice, by revising this posting. By using this Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms of Use and conditions to which you are bound.

 

Severability: If any these provisions shall be deemed invalid, void, or for any reason unenforceable by the final determination of any state or federal court, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision of the Terms of Use.

 

Applicable Law and/or Jurisdiction: By accessing this site you agree that the statutes and laws of the United States and the state of California, U.S.A., without regard to conflicts of law, will apply to all matters relating to use of this site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in California, U.S.A.

 

Use of Site: Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping or accessing information related to products provided on this site and not for any commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

 

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

 

Disclaimer and Limitation of Liability: This site, the products offered for sale on it, and the transactions conducted through it, are provided on an ‘AS IS’ basis and you assume all risks associated with your use of this site. Quality Two-Way Radios will not be liable for any damages of any kind arising out of the use of or in connection with the use of this web site, or damages resulting from the products purchased through this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, exemplary, special or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.

Quality Two-Way Radios makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. Quality Two-Way Radios disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Errors and Omissions: Although we strive to make information as accurate as possible, Quality Two-Way Radios does not represent or warrant that the information on this site is accurate, complete, or current. 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 our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Quality Two Way Radios cannot be held liable for errors or omissions of information on this site.

All information on this site is subject to change without notice.

Links: This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

Order and Acceptance: You agree that your order is an offer to purchase product(s) at the prices shown on the Site and in accordance with the terms and conditions stated here-in, which shall become a binding contract when accepted by Quality Two-Way Radios. You agree that these terms and conditions may not be altered, supplemented, or amended by the use of any other document(s) and any such attempt will be null and void. Quality Two-Way Radios shall indicate its acceptance of your order by shipping the selected Product(s) to you. The banking, negotiation or other use of any payment shall not constitute an acceptance by Quality Two-Way Radios

Title and Risk of Loss: Title to the Products and risk of loss passes from Quality Two-Way Radios to you upon shipment of your order.

 

Shipping Costs: Separate charges for shipping and handling will be added to the price of the products ordered unless otherwise stated. Shipping and delivery dates are best estimates only.

 

Payment: You shall make payment of the purchase, and applicable shipping costs prior to the products shipping unless your account has been specifically approved for other terms.

 

Taxes: Purchase prices do not include any amount for federal, state, or local excise, or sales taxes, all of which will be paid by you except as exempt by law.

 

Force Majeure: In addition to other limitations on liability set forth herein, Quality Two-Way Radios shall not be liable for any delay or failure to perform due to any cause beyond its control. Causes include, but are not limited to, strikes, acts of God, your acts, or interruptions of transportation or inability to obtain necessary labor, materials or facilities, default of any supplier, or delays in FCC frequency authorization or license grant. In the event Quality Two-Way Radios is unable to wholly or partially perform because of any cause beyond its control, QualityTwo-Way Radios may terminate the Agreement without any liability to you.

 

Reviews and Other Submissions to the Site: Anything you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

 

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 

Access Outside the United States: This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

 

Disputes: Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in San Diego, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

 

Termination of Use: In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Beachwood Merchandising Corporation © 2012-2014 All Rights Reserved. - Authorized Dealer for Icom, Vertex Standard, Kenwood ProTalk, Kirisun, Garmin Two-Way Radios