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Terms and Conditions

Welcome to Octave Systems, Inc. Octave Systems, Inc and/or its affiliates ("Octave") provide website features to you subject to the following conditions. If you visit or shop at Octave.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Octave Systems service or business (e.g., Your Profile, or Your Shopping Cart) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Octave.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Octave.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Octave or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Octave and protected by U.S. and international copyright laws. All software used on this site is the property of Octave or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

OCTAVE, OCTAVE.COM, OCTAVE SYSTEMS, INC and other Octave.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Octave in the U.S. and/or other countries. Octave's trademarks and trade dress may not be used in connection with any product or service that is not Octave's, in any manner that is likely to cause confusion among customers, nor in any manner that disparages or discredits Octave. All other trademarks not owned by Octave that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Octave.

LICENSE AND SITE ACCESS

Octave grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Octave. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Octave. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Octave without express written consent. You may not use any meta tags or any other "hidden text" utilizing Octave's name or trademarks without the express written consent of Octave. Any unauthorized use terminates the permission or license granted by Octave. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Octave.com so long as the link does not portray Octave, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Octave logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Octave does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Octave.com only with involvement of a parent or guardian. Octave reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and other content to the Octave Forum.  You may also submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review, comment or other content. Octave reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Octave a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Octave and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Octave for all claims resulting from content you supply. Octave has the right but not the obligation to monitor and edit or remove any activity or content. Octave takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Octave are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Octave attempts to be as accurate as possible. However, Octave does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Octave itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. This policy applies only to products sold and shipped by Octave.

Octave is not responsible for typographical errors or omissions relating to the pricing, copy, photography, specifications, or application. In the event of a pricing error, we will contact you via E-mail with the corrected pricing information.

The information listed on the product pages of this web site is provided by the individual product manufacturers. Octave is not responsible for the validity of claims made by those manufacturers regarding their individual products. If you have questions about or dispute any statement of claims made about any product sold by Octave, please direct those questions to the manufacturer. 

Ordering (United States only)

By ordering from Octave Systems, Inc., you are agreeing to the terms and conditions contained on this page.

You may order by phone at 1.800.626.8539 M-F 8 AM – 5 PM Pacific Time in the United States (including Alaska and Hawaii) and Canada. 
(1.408.866.8424 elsewhere).

Or use our shopping cart.

Or you may choose the option of ordering by MAIL or receiving a SALES QUOTE. If you are ordering by MAIL please mail your check, cashier's check or money order to the address at the bottom of these Conditions of Use.

Prices and Specifications are subject to change without notice. All orders, prices and shipping rates are subject to price confirmation, verification and correction. Octave is not responsible for typographical errors or omissions relating to pricing, copy, photography, specifications, or application. In the event of a pricing error we will contact you via E-mail with the corrected pricing information. We reserve the right to refuse service to anyone.

If the shipping information is changed by the customer after the package is in transit, Octave Systems Inc. will charge $10 for transaction fees.

If you are paying for your order with a credit card, Octave ships to the credit card billing address. For orders over certain limits shipped to a different address, we will request that you fax us a copy of your credit card along with your signature (except for established customers).

International Ordering

Octave Systems will only ship international orders that have been prepaid by Bank Wire Transfer and ship on the customers UPS, FedEX of DHL accounts. We will not accept payment by credit card and will not prepay and add the freight charge. Octave Systems is NOT responsible for any duties or taxes that are incurred with an international shipment. International customers can contact us via email at [email protected] for more details.

Shipping to United States, Canada, Puerto Rico and U.S. Virgin Is.

Octave Systems, Inc. offers shipping to all fifty U.S. states, Canada, Puerto Rico and the U.S. Virgin Islands. We currently offer shipping through UPS/FedEX Ground, Next Day Air, 2nd Day Air or 3 Day Select. On selected products, Octave offers Free UPS ground shipping within the USA continental 48 contiguous states.

Octave does NOT ship to post office boxes. Please provide a physical address to which we can ship your order. UPS will deliver to your home or place of business even if you do not have home mail delivery.

All shipping fees are calculated based on published rates provided directly to us by UPS and FedEX.

UPS Canada Customs Brokerage Rate Guide

APO and FPO
All orders being shipped to an APO or FPO address will be shipped via the United States Postal Service. The postage rate will be calculated separately - after you submit your order, we will calculate shipping charges and contact you to confirm shipment.

OTHER BUSINESSES

Octave provides links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. Octave does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OCTAVE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OCTAVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OCTAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCTAVE DOES NOT WARRANT THAT THIS SITE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OUR SERVERS, OR E-MAIL SENT FROM OCTAVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCTAVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Octave.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Octave.

DISPUTES

Any dispute relating in any way to your visit to Octave.com or to products or services sold or distributed by Octave or through Octave.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Santa Clara County, California, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Octave.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Octave Systems, Inc.
1190 Dell Avenue Suite A
Campbell, CA 95008 USA
http://www.octave.com

 

 

 

 

 

 

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