Sunday, 20 August 2006

Our Policies

PLEASE READ OUR POLCIES CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following policies carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER TO PURCHASE FROM OUR SITE.

Your Feedback is Always Welcome
We welcome your comments and questions about our site. You can reach us via email at support@oakmicros.com.

Privacy Notice

At oakmicros.com, your privacy is our priority. We are committed to protecting your privacy at all times, in all situations. The information we collect about you when you become a member is used to process your orders and to provide a more personalized experience on our site. We do not guarantee complete security on stored information, however, we have implemented many security policies and conditions to help protect your confidential information.

How Do We Use the Information We Collect?
When you become an oakmicros.com member, we ask you to fill out a form that requests your name, address and e-mail. We never ask for demographic information such as gender and date of birth. Your name and address information is used solely to process orders unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order fulfillment. Information may also be provided to government authorities when required by law or pursuant to a court order.

Our Use of Log Files
When you visit our site we automatically log your IP address, your browser type and your access times. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our site). This data helps us to determine what content our members find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable information.

Site Security
All oakmicros.com employees take your personal information very seriously. All employees must learn and obey our security policies. Access to member personal information is limited to key management personnel and our member services department. The information is ID and password protected and our Web security is reviewed on a monthly basis.

Correcting/Updating Your Personal Information
After becoming an oakmicros.com subscriber you may correct/update your personal information by clicking on the 'My Account' menu item under 'Shop' at the top of any page, entering your ID and password when prompted, and clicking the 'View or change my account information' link. The changes you make will be reflected in our databases instantly. If you wish to deactivate your account, you may contact us via email to support@oakmicros.com.

Links To Other Sites
This Web site contains links to other Web sites. Please note that when you click on one of these links, you may be leaving the oakmicros.com site and entering another Web site. These sites may independently collect or request information about you and we encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.

Communication
From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders. Administrative e-mails will not contain promotional materials. If you choose to receive our News Letters, they will contain promotional materials from oakmicros.com.

Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site

Supplementation
We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. We do this since we want to make sure that our members receive the order and to lower costs associated with our programs.

Our Use of Cookies
Cookies are pieces of information that your browser stores on your computer's hard drive which identify you when you enter. The ability to select samples on our site is not cookie-driven. We may use session cookies to provide a seamless experience on the site and to combine with our log files so that we can understand our site traffic and analyze our demographic information in aggregate form. If you have set your browser to reject cookies, our site will not identify you when you enter and you will need to manually type in your ID and password.

Conditions of Use

Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by oakmicros.com in its sole discretion. If membership has been revoked, oakmicros.com reserves the right to refuse application or readmission to the membership program.

Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF WILLIAMSON, TEXAS  OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF TEXAS. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT AUSTIN, TEXAS OR THE DISTRICT OF WILLIAMSON COUNTY IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE.

Lapsed Accounts: In order to keep oakmicros.com membership roster current, if a Member does not access his or her account for a period of 2 years or more, oakmicros.com may, in its sole discretion, terminate such Member's account. oakmicros.com will endeavor to notify a Member of oakmicros.com intent to terminate such Member's account by notice to such Member's provided email address at least 30 days prior to deactivation. If the Member fails to respond to such email notice within 30 days after the day it is sent by oakmicros.com, such Member's account will be terminated as noted above. Therefore, oakmicros.com strongly recommends that all Members keep their accounts and contact data current and in use. While oakmicros.com desires to prevent active accounts from being terminated prematurely, oakmicros.com has no obligation to maintain accounts that appear to oakmicros.com to have been abandoned. Each Member agrees that failure to access his or her account for 2 years or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.

Verify Members' Address: oakmicros.com reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from oakmicros.com.

Ordering, Payment, Shipping & Returns

Ordering.  Please make sure the e-mail address you provide to us is correct and your mailbox is in proper working order. All order confirmations are sent to that e-mail address.  Any contracts or agreements formed between you and us by means of this web site shall be governed and construed according to Texas law. Currently you cannot pre-order new items or back-order items marked as out of stock. Please send an email to support@oakmicros.com if you are interested in an item and we will notify you when the item is in stock.

Payment Terms Online payments may be made by Paypal. It's quick, easy, and secure. When you pay by paypal, your order will be shipped within two business days of the successful authorization of the transaction. If for some reason we cannot ship all of the products that you ordered, we will ship a partial order and issue a credit to your paypal account for the unshipped product. You may pay using a check or money order but only by prior arrangement. Your order will be shipped once the check or money order has been received and cleared.

Taxes On orders shipped to addresses in the United States, we do not collect any sales or use taxes except for our customers who live in Texas. If the laws in your state or locality require that you pay sales or use taxes on purchases out of the area you are solely responsible for complying with such laws. On orders shipped to addresses outside of the United States, all customs duties, import fees, sales and use taxes and similar fees are soley your responsibility. Depending on the shipping option selected certain export/import brokerage fees may be included in the shipping price. In the event that we are charged any fees related to fulfilling and/or shipping your order we will charge those fees to you and you irrevocably agree that such charges are your responsibility even if you were unaware of them at the time you placed the order.

Shipping Methods We use United Parcel Service (UPS), United States Postal Service (USPS) and similar carriers. When you check out you may have several shipping options from which to choose depending on what you order and the shipping destination. Shipments by UPS are automatically insured for the first $100 of value at no additional charge. On orders in excess of that amount additional insurance may be available. We are not able to insure packages sent by USPS and we will not be liable for loss or damage of orders shipped via USPS (including all orders shipped to APO, FPO & Post Office Box addresses).

Shipping Charges The charge for shipping your order is determined by the weight of the products ordered and the shipping method you choose. Our automated system calculates your shipping charge and displays it for you at the time you choose your shipping method.

Returns If an item must be returned for any reason, please send an email to support@oakmicros.com for a Return Material Authorization (RMA) number. In the email describe the reason for the return and refer to your original order information if possible.

Customer Service For all Customer Service matters, please send email to support@oakmicros.com.