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TERMS AND CONDITIONS

Terms & Conditions of http://www.tag3.com, http://www.tagistics.com & https://store.tagistics.com as well as The Purchase of Products from Tagistics Corporation.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY DEFINE AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR USE OF OUR SERVICES AND/OR YOUR PURCHASE OF OUR PRODUCTS.

The web sites located at URL http://www.tag3.com, http://www.tagistics.com and https://store.tagistics.com (collectively our "Sites") are owned and operated by Tagistics Corporation and its affiliates and or subsidiaries (collectively "our", "we" or "us"). The following terms and conditions shall govern and control your use of our Sites as well as your purchase of products throTAGISTICS our Sites. By using our Sites, by placing an order with us or by submitting a purchase order to us, you are indicating your acceptance and agreement to each of the following terms and conditions, all of which define yours and our rights and obligations (the "Terms and Conditions"). We reserve the right to change these Terms and Conditions at any time. Accordingly, we urge you to review these Terms and Conditions each time you use our Site as there may be changes to which you will be bound should you use our Site or purchase any of our products. These Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. In any conflict between the terms and conditions of a purchase order and these Terms and Conditions, the terms and conditions of the purchase order shall control. We reserve the right to make changes to our Sites and these Terms and Conditions at any time.

General Disclaimer and Limitation of Liability:

While we endeavor to provide the most accurate, up-to-date information available, the directories and information on our Sites may be out of date or include omissions, inaccuracies or other errors. Our Sites and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to our Sites, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, or use of our Site our the purchase of any products throTAGISTICS our Sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, our Sites, any other hyper-linked web site and/or the purchase of any products throTAGISTICS our Sites.

Accounts

Upon the completion of our registration process, you will receive a password. You agree that you will be responsible for maintaining the confidentiality of your password. You further agree to be fully responsible for all activity associated with your password and account. You agree to immediately notify us in the event of any unauthorized use of your password or account or any other breach of security.

Capacity to Contract

You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use our Sites and purchase our products.

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 our suppliers, we shall have the right to refuse or cancel any orders placed for products 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 has been 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.

Privacy Policy

We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users ("Privacy Policy"). Our current Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions.

Feedback

We welcome all comments, feedback, information, or materials, which you submit to us throTAGISTICS or in conjunction with our Sites ("Feedback"). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.

Links

Our Sites may contain links to other web sites on the Internet that are owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse nor are we responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or throTAGISTICS any such site or resource.

Order Acceptance

Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to our Sites. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve 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 card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

Subscriber Agreement

These Terms and Conditions govern your general access of and use of our Site. To the extent you utilize any subscription services that we offer, the terms of such subscription services will be governed by our "Subscriber Agreement". You must enter into our Subscriber Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Subscriber Agreement, the Subscriber Agreement shall control.

Prices, Shipping and Handling Charges

We offer an annual subscription service and product sales. Your annual subscription use fee is payable in full or in installments according to the prices, terms and conditions in effect at the time of subscription enrollment. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your service or place a product order. You hereby authorize TAGISTICS to charge or place a hold on your credit card with respect to any charges for services or products. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt. You authorize TAGISTICS or any other company who bills products or services, or acts as billing agent for TAGISTICS to continue to charge or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide TAGISTICS with updated credit card information upon TAGISTICS's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TAGISTICS nor any TAGISTICS affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, or place holds on your credit card.

Technical support and operations support are available through our Support Service and is subject to a fee.

We generally ship to U.S. locations. Not all prices include charges for shipping and handling or taxes. Separate charges for shipping and handling will be shown on your purchase order. Overseas shipments may be subject to additional charges and taxes which are your full responsibility.

Sales and Other Taxes

We are obligated to withhold sales tax for delivery within certain states and all such taxes shall be automatically charged and withheld. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order not collected by us.

Product Availability

AlthoTAGISTICS availability may be indicated on our Sites, we cannot guarantee product availability or that the products may be available for immediate delivery. We reserve the right, without any liability or recourse and without 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, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Sites and your purchase of products or services throTAGISTICS our Sites. We may, in our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, throTAGISTICS a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or the Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Compliance with Return Policies

Some of the products available throTAGISTICS our Sites are custom made. For example, if your purchase RFID labels, the labels will be embedded with information specific to your purchase. Because of the integration of customer specific information, any RFID labels you purchase are not returnable unless the labels are delivered in a damaged condition. In that event, you may return the products in accordance with our customer return policy.

Termination of Usage

We may terminate or suspend your access to or use of all or part of our Sites, without notice, for any conduct that we believe is disruptive to our Sites or is in violation of any applicable law or these Terms and Conditions.

Disclaimer and Limitation of Liability as to Products Sold

EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD THROTAGISTICS OUR SITES. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF OUR BREACH OF ANY TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE MAXIMUM REMEDY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS YOU PURCHASED FROM US. YOU AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. FURTHERMORE, WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS 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 OUR CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME ASPECTS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Copyright and Trademark Notice

All content included on our Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is our property or the property of our content suppliers and is protected by United States and international copyright laws. All software used by our Sites is also our property or our software suppliers and protected by United States and international copyright laws.

All marks indicated as registered on our Sites are registered trademarks of Tagistics Corporation in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Tagistics Corporation or our content suppliers. The trademarks and trade dress on our Sites may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on our Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

PROPRIETARY RIGHTS

You acknowledge and agree that the use of our Sites and the purchase of any of our products as well as any necessary software associated therewith contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to utilize or access our Sites by any means other than throTAGISTICS the interface that we provide.

Applicable Law

You agree that any legal action brought against us shall be governed by the laws of the State of Florida, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Site shall be an appropriate federal or state court located in Pam Beach County, Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Sites or your purchase of any of our products must be filed within one (1) year after such claim or cause of action arose or be forever barred. We make no representations that the content in this Site is appropriate for access outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this Site.

General

If any provision or provisions of these Terms and Conditions 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. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You agree that your account is non-transferable. Accordingly, you cannot and agree not to assign any of your rights or obligations under these Terms and Conditions without our express written consent.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at customerservice@tagistics.com.