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Contact us if you have any
questions about our auction
software products, policies
or for any feedback,
comments or questions.
Generally we are best
reached by email:
AuctionTopics.com
16055 SW Walker
Road
Suite 431
Aloha, OR 97006-4942
Email:
support@auctiontopics.com
Payment Options
State
Sales Taxes
Returns
Shipping
Terms
of Purchase
Copyright
Payment Options
Online purchases
from KCM
Software, Inc. must be made using
a credit card. We
accept Visa, Mastercard, and
Discover.
Safety
Entering your
credit card
information at
Auction Topics online is safe. We have taken the
necessary steps to ensure your payment information is processed with accuracy
and confidentiality.
Store Name
Your purchases
will appear
under the name
of our parent
company "KCM
Software, Inc." on your credit card statement.
State Sales Taxes
For all KCM Software, Inc.
purchases, sales
tax will be
charged where
KCM Software,
Inc. is required
by law to charge
tax.
Currently, no US
state
requires KCM
Software, Inc.
to charge sales
tax.
Returns for Online Purchases
We want you to
be satisfied
with anything
you order from
KCM Software,
Inc.. If for
any reason you are not, please email us
at
support@auctiontopics.com
within 30 days
of purchase and we will
facilitate any returns.
Shipping Methods and Options
We ship orders in the
United States
via UPS.
In addition to
shipping time,
please allow up
to 5 business
days for us to
process your
order.
Multiple Shipping Addresses
You may ship items to separate mailing addresses ONLY by placing separate orders for
each destination.
Shipping to a P.O. Box
Because of UPS
limitations,
KCM Software,
Inc. cannot ship large items to a Post Office box. UPS requires a street address for all deliveries. Please be sure to enter
a complete shipping address for all online orders.
International Orders
International shipping costs
may vary. Please contact us
at
support@auctiontopics.com.
Terms of Purchase
The terms and conditions set forth in these terms
of purchase
(this
"Agreement"
and the "Terms
of Access")
constitute the
entire agreement
between KCM
Software, Inc.
("KCM Software") and you
(the "Buyer") concerning product purchase through the Website. Capitalized
terms used herein shall have the meaning as defined herein, or if not defined,
as defined in the Terms of Access.
1. Offer and Acceptance
By ordering a
product on the
Website, Buyer
shall be deemed
to have made an
offer to buy the
specified
product from
KCM Software
pursuant to this
Agreement.
The acceptance
and fulfillment
by KCM Software of any order placed on the Website is subject
to Buyer's acceptance of all of the terms of this Agreement.
2. Prices, Availability and Taxes
Prices of
product on the
Website are
subject to
change at any
time without
notice.
All products may
not be available
in all areas.
Product
availability is
subject to
change at any
time and KCM
Software makes no representations of warranties
regarding product availability. Buyer shall be responsible for any tax or other
governmental charge due to the sale, use or delivery of the product, including,
but not limited to, Sales Tax, Use Tax, Retailer's Occupational Tax, Gross
Revenue Tax, Value Accrued or Value Added Tax, and Transportation Tax. All
applicable taxes and other charges will be added to the purchase price.
3. Payment
When ordering
products on the
Website, Buyer
may use VISA,
MASTERCARD, or
DISCOVER.
KCM Software
will not accept
checks or COD
payments. If
Buyer fails to
pay for any
products
received,
KCM Software
shall have the
right, in
addition to
other remedies,
to suspend or
cancel further
deliveries, and
to proceed in
any court of
proper
jurisdiction
against Buyer
for all amounts
due to KCM
Software, including,
but not limited to, attorney fees, costs and interest.
4. Shipping, Title and Risk of Loss
KCM Software will ship products using the shipping method selected by
Buyer on the
Website. All
sales are made
F.O.B., the
shipping point.
KCM Software
shall use
reasonable
efforts to cause
products to be
delivered to
Buyer by
requested
delivery dates,
but shall in no
event be liable
for any losses
or damages
caused by delay
or non-delivery
of products.
Buyer shall be
responsible for
all shipping
charges. Title
and risk of loss
in the products
shall pass to
Buyer upon
KCM Software's (or its agent's) delivery to the carrier at the
shipping point.
5. Returns, Changes and Cancellation
See our Returns policy.
6. Disclaimer of Warranties
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NON-INFRINGEMENT,
THE PRODUCTS, OR
THE
MERCHANTABILITY
OR FITNESS OF
THE PRODUCTS FOR
ANY PARTICULAR
PURPOSE, AND
EXPRESSLY
DISCLAIMS ANY
AND ALL SUCH
WARRANTIES.
Buyer is solely
responsible for
determining the
suitability of
the products for
the uses and
applications
contemplated by
Buyer. Buyer
assumes all
risks and
liabilities
arising out of
possession, use,
or resale of the
products,
whether used
singly or in
combination with
other material,
including, but
not limited to,
any risk or
liability based
on alleged
negligence on
the part of
KCM Software.
7. Buyer's Representations
Buyer represents that he/she has the requisite power and authority to enter
into this
Agreement and to
perform the
obligations
under this
Agreement. Buyer
represents that
he/she has
provided
accurate
information to
KCM Software in
purchasing products through the Website and that his/her offer to purchase
products complies with all applicable laws. Buyer acknowledges and agrees that
he/she is solely responsible for compliance with all applicable laws and
regulations concerning Buyer's purchase, possession, use, or resale of the
products. Buyer further represents that he/she is familiar with the characteristics of the products,
and will comply with all laws, regulations, and standards applicable to the
possession, handling, processing or use of the products by Buyer, including, but
not limited to, the Occupational Safety & Health Act of 1970.
8. Indemnification
Buyer shall defend, indemnify and hold KCM Software and its suppliers,
including, but
not limited to,
their
affiliates,
agents, assigns,
attorneys,
employees,
insurers,
officers,
predecessors,
representatives,
and successors,
harmless from
and against all
claims,
liabilities,
costs and
expenses
(including, but
not limited to,
those related to
injury or to
death of Buyer
or other
persons) arising
from or
connected with
(a) a breach by
Buyer of this
Agreement or (b)
the possession,
handling, use,
or resale of the
products by
Buyer or others,
including, but
not limited to,
any claims
alleging
negligence on
the part of
KCM Software.
KCM Software may participate in
the defense of any such claim for the further protection of its own interests.
9. Limitation of Claims
Without limiting the scope of any other terms and conditions herein, any and
all claims
related to
products sold to
Buyer through
the Website
shall be made
within thirty
(30) days after
receipt of the
product to which
the claim
relates, or if
for
non-delivery,
after the
scheduled
delivery date
thereof. Buyer's
failure to give
KCM Software
written notice
of any claim
within the
applicable time
period shall
constitute an
absolute and
unconditional
waiver of such
claim. In no
event shall
Buyer commence
any action
against KCM
Software
related to products sold to Buyer through the Website later than one year after
receipt of the product giving rise to such action.
10. Limitation of Liability
Without limiting the scope of any other terms and conditions herein,
including
KCM Software's
disclaimer of
warranties, no
claim of any
kind, whether as
to products
delivered or for
non-delivery of
products, or
otherwise, and
whether based on
contract, breach
of warranty,
negligence,
strict
liability,
indemnity,
contribution, or
otherwise, shall
be greater in
amount than the
purchase price
of the products
in respect of
which damages
are claimed. IN
NO EVENT SHALL
KCM Software
BE LIABLE FOR
LOSS OF
BUSINESS, LOSS
OF PROFITS OR
GOOD WILL, OR
ANY OTHER
INDIRECT,
INCIDENTAL OR
CONSEQUENTIAL
DAMAGES, WHETHER
BUYER'S CLAIM IS
BASED ON
CONTRACT, BREACH
OF WARRANTY,
NEGLIGENCE,
STRICT
LIABILITY,
INDEMNITY,
CONTRIBUTION, OR
OTHERWISE, AND
NOTWITHSTANDING
ANY CLAIM THAT
SUCH LOSSES WERE
REASONABLY
FORESEEABLE TO
KCM Software,
Inc. OR ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY REMEDY.
11. Force Majeure
Without limiting the scope of any other terms and conditions herein, KCM
Software shall not
be responsible
or liable for
any delay or
failure to
deliver any or
all of the
products for
causes beyond
its reasonable
control,
including, but
not limited to,
any cause or
circumstance
which makes
impracticable
the production,
transportation
or delivery of
the products.
KCM Software
may cancel an
order to the
extent the
quantity not
delivered is due
to any such
cause or
circumstance. In
no event shall
KCM Software
be obligated to
purchase
products to
replace any
quantity not
delivered due to
any such cause
or circumstance.
In the event of
any cause or
circumstance
excusing KCM
Software, KCM
Software shall
have the right
to allocate any
remaining
product supply
among its
customers,
including those
not under
contract, in a
fair and
reasonable
manner, and
Buyer hereby
releases KCM
Software from responsibility or liability for any resulting incomplete fulfillment
of Buyer's order.
12. General
a) No waiver by either party of any breach of any terms or conditions
contained herein
shall be
construed as a
waiver of any
succeeding
breach of the
same or any
other terms or
condition
herein. Nothing
contained herein
shall limit the
remedies of
KCM Software in the event of Buyer's breach of this
Agreement.
b) All notices
related to this
Agreement shall
be in writing.
The parties
expressly agree
that electronic
communications
shall be
considered
"writings" for
all purposes
under applicable
law. If notice
is not sent by
electronic
communications,
notices shall be
deemed given
when delivered
to or deposited
in the United
States mail,
first class,
postage prepaid,
and, if to
Buyer, sent to
the address
identified by
Buyer when
registering to
purchase
products through
the Website and,
if to
KCM Software,
Inc.,
16055 SW Walker
Road, Suite 431,
Aloha, OR
97006-4942.
c) If any terms and conditions herein are held to be invalid or unenforceable,
such holding shall not affect the validity or enforceability of any other term
or condition herein.
d) These Terms and Conditions shall be governed by and construed under the laws
of the State of Oregon, United States of America, without regard to conflict of
laws principles. Any legal action with respect to any transaction subject to
this Agreement must be commenced within one year after the cause of action has
arisen. Any actions arising out of products purchased through the Website shall
be commenced in the state or federal courts of Oregon. Buyer agrees to submit
to the jurisdiction of these courts and waives any claim that venue is improper
for any reason in these courts.
Copyright
Please read this Copyright Notice
carefully before using this site. By using this site, you signify your consent
to the terms of this Copyright Notice. If you do not agree to the Terms, please
exit the site.
Terms
1. You should
assume that
everything you
see, read or
hear on this
site is
protected by
copyright,
design right
and/or other
intellectual
property rights
unless otherwise
stated and may
only be used in
accordance with
these Terms.
KCM Software
does not warrant
or represent
that your use of
materials
displayed on
this site will
not infringe
rights of third
parties not
owned by or
affiliated with
KCM Software.
Images,
illustrations,
graphics, text,
etc, are either
the property of
KCM Software
or third parties
who have
licensed their
rights to
KCM Software. The use of these materials by you, or anyone else authorized by you, is
prohibited unless specifically permitted by these Terms. Any unauthorized use of
the images may violate copyright laws, trademark laws and/or other regulations
and statutes.
2. The
trademarks,
logos and
designs
displayed on the
site, are the
property of
KCM Software
or third parties
who have
licensed their
rights to
KCM Software. Nothing contained on the site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any trademark
displayed on the
site without the
written
permission of
KCM Software or such
third party that may own the trademarks displayed on the site.
3. You may download, print and store selected portions of the content of the
site provided that you (i) only use these copies for your own personal,
non-commercial
use, (ii) do not
copy or post the
content on any
network computer
or broadcast the
content in the
media, and (iii)
do not modify or
alter the
content in any
way. No right,
title or
interest in any
downloaded
materials is
transferred to
you as a result
of any such
downloading.
KCM Software
reserves
complete title
and full
intellectual
property rights
in any content
you download
from this site.
Except as noted
above, you may
not copy,
download,
reproduce,
modify, publish,
distribute,
transmit,
transfer or
create
derivative works
from the content
without
obtaining
written
permission from
KCM Software in advance.
4.
KCM Software
has not reviewed all of the sites linked to this site and is not responsible for
the contents of any off-site pages or any other sites linked to this site. Your
linking to any other off-site pages or other sites is at your own risk.
5. This site may
contain links to
other Web sites
operated by
third parties
other than
KCM Software.
Such links are
provided for
your convenience
only.
KCM Software does not
control such Web
sites and is not
responsible for
their content.
The fact that
this site
contains links
to other sites
does not mean
that
KCM Software approves
of, endorses or
recommends those
sites, nor does
it imply any
association with
their operators.
KCM Software disclaims
all warranties, express or implied, as to the accuracy, legality, reliability or
validity of any content on any other site and disclaims all responsibility for
any loss, injury, claim, liability or damage of any kind resulting from any
third party Web sites or content therein directly or indirectly accessed through
links in this site.
6.
KCM Software may at any time revise these Terms by updating this posting.
You are bound by any such revision and should therefore periodically visit this
page to review the current Terms to which you are bound.
7. These Terms shall be governed by and construed under the laws of the State of
Oregon, United States of America, without regard to conflict of laws
principles. Any legal action with respect to any transaction subject to these
Terms must be commenced within one year after the cause of action has arisen.
Any actions arising out of products purchased through the Website shall be
commenced in the state or federal courts of Oregon. Buyer agrees to submit to
the jurisdiction of these courts and waives any claim that venue is improper for
any reason in these courts.
Questions?
Contact us at:
AuctionTopics.com
16055 SW Walker Road
Suite 431
Aloha, OR 97006-4942
Email:
support@auctiontopics.com
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Contacts
