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Policies
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OUR GUARANTEE TO YOU
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The world is full of guarantees, no two alike. As a rule, the more words they contain,
the more their protection is limited. The Belmar & Associates guarantee has always been an
unconditional one. It reads: "If you are not completely satisfied with any item you buy from
us, within the first 30 days of receiving it and prior to activation, return it and we will
refund your full purchase price." We mean every word of it.
TERMS OF SALE
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1. Prices
a) Prices are valid for the period quoted by Belmar & Associates or for the applicable purchase
agreement ordering period, whichever expires first. Product prices for an order remain valid for
thirty (30) days from the original order date unless otherwise quoted by Belmar & Associates.
Support prices, except for Custom and prepaid Support, may be changed by Belmar & Associates
upon sixty (60) days written notice.
b) Prices are exclusive of, and Customer will pay, applicable sales, use, consumption, goods and
service, value added or like taxes.
c) Prices include first year telephone support and are subject to change without notice.
Mortware’s user license shall remain the property of Belmar & Associates until payment is
received in full. Customer is responsible for sales tax remittance where applicable. Payment for
any of the above is non-refundable unless otherwise noted by Belmar & Associates in writing at
the time of sale.
2. Orders
a) All orders are subject to acceptance by Belmar & Associates. Product orders must specify Delivery
within ninety (90) days from order date, unless otherwise agreed or quoted by Belmar & Associates.
b) Customer will specify Ship To addresses within the country where the order is placed, unless
otherwise agreed. Customer may cancel orders for Products (except Custom Products) prior to shipment
at no charge.
3. Delivery
Belmar & Associates will make reasonable efforts to meet Customer's Delivery requirements. If Belmar &
Associates is unable to meet Customer's Delivery requirements, alternative arrangements may be agreed. In
the absence of such agreement, Customer's sole remedy is to cancel the order. Upon receipt of a signed copy
of Customer order and down payment Customer installation package will be prepared and shipment will be made.
4. Shipment, Risk of Loss or Damage, and Title
Belmar & Associates will ship according to Belmar & Associates standard commercial practice, and risk of
loss or damage and title will pass from Belmar & Associates to Customer at the Ship To address. Shipping
and handling charges will be listed separately on Belmar & Associates invoice when not included in the
Product's purchase price.
5. Installation and Acceptance
Product installation information is available with Products, on quotations or upon request.
Installation by Belmar & Associates, when included in the purchase price, is complete when the Product
passes Belmar & Associates standard installation and test procedures.
6. Payment
a) Payment terms are subject to Belmar & Associates credit approval. Payment is due prior to shipment of
product. Invoices for contractual support services and maintenance will be issued in advance of the Support
period. Belmar & Associates may change credit or payment terms at any time when, in Belmar & Associates
opinion, Customer's financial condition, previous payment record, or the nature of Customer's relationship
with Belmar & Associates so warrants.
b) Belmar & Associates may discontinue performance if Customer fails to pay any sum due, or fails to
perform under this or any other Belmar & Associates agreement if, after ten (10) days written notice, the
failure has not been cured.
7. Warranty
a) The warranty period begins on the date of Delivery.
b) Belmar & Associates warrants that Software will not fail to execute its programming instructions due to
defects in materials and workmanship when properly installed and used on the Device designated by Belmar &
Associates.
c) Belmar & Associates does not warrant that the operation of Products will be uninterrupted or error free.
d) The warranties provided herein will apply only to those Products and Support which are branded by Belmar
& Associates with an Belmar & Associates trademark ("Belmar & Associates Branded"). Belmar & Associates does
not warrant any third party Products or Support even if included with other Belmar & Associates Branded
Products or Support.
e) Upon activation of Products and within the 30 day guarantee period Customer is entitled to receive an 85%
refund of the purchase price in exchange for return. After the 30 day guarantee period has expired and
regardless of if Products have been activated Customer is not entitled to any refund of monetary value.
The above warranties do not apply to defects resulting from:
1) improper or inadequate maintenance by Customer;
2) Customer or third party supplied software, interfacing or supplies;
3) unauthorized modification;
4) improper use or operation outside of the Specifications for the Product;
5) abuse, negligence, accident, loss or damage in transit;
6) improper site preparation; or
7) unauthorized maintenance or repair.
f) THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW, BELMAR & ASSOCIATES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
8. Support
a) Orders for Support are subject to the terms of the Support quotation in effect on the date of order.
b) To be eligible for Support, Products must be at current specified revision levels and, in Belmar &
Associates reasonable opinion, in good operating condition.
c) Belmar & Associates may, at no additional charge, modify Products to improve operation, supportability
and reliability, or to meet legal requirements.
d) Relocation of Products is Customer's responsibility. Relocation may result in additional Support charges
and modified service response times. Support of Products moved to another country is subject to availability.
e) Support does not cover any damage or failure caused by:
1) use of non-Belmar & Associates media, supplies and other products; or
2) neglect, improper use, fire or water damage, electrical disturbances, transportation by Customer, work or
modification by people other than Belmar & Associates employees or subcontractors, or other causes beyond
Belmar & Associates control; or
4) inability of any non-Belmar & Associates products in Customer's environment to correctly process, provide
or receive data.
f) Customer may delete Products under Support or cancel Support orders upon thirty (30) days written notice
unless otherwise agreed in a Support agreement. Belmar & Associates may cancel Support orders or delete
Products no longer included in Belmar & Associates Support offering upon sixty (60) days written notice
unless otherwise agreed in a Support agreement.
WEB SITE TERMS OF USE
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1. Agreement
1.You Agree to These Terms by Using this Site Your access to, and use of, the Site is subject to the following
Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without
limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and
Belmar & Associates or its subsidiaries (Cathpar Industries Inc. and Mortware hereafter referred to as Belmar
& Associates) are superseded with respect to this subject matter. If you do not agree and accept, without
limitation or qualification, these Terms of Use, please exit the Site.
2. Ownership of Content
The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and
copyrighted by Belmar & Associates. Any Content that is a trademark, logo, or service mark is also a registered
and unregistered trademark of Belmar & Associates. Your use of any Content, except as provided in these Terms
of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that
Belmar & Associates will aggressively enforce its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
3. Your Use of the Site
Belmar & Associates grants you permission to use the Site as follows:
you may download Content, but only for noncommercial, personal use and provided that you also retain all
copyright and other proprietary notices contained on the Content; you may not distribute, modify, copy
(except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works
from, transfer, sell or otherwise use Content without Belmar & Associates written permission; you are prohibited
from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing,
libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law – Belmar & Associates will fully cooperate with any law
enforcement authorities or any court order requesting or directing Belmar & Associates to disclose the identity
of anyone posting or transmitting any such information or materials.
4. Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the
Site by electronic mail or otherwise will be used by Belmar & Associates in accordance with the Site's Privacy
Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions
or the like, will be treated as non-confidential and nonproprietary.
5. Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE MORTWARE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF ANY SUCH DAMAGES.
6. Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than Belmar & Associates. Such links
are provided for your convenience only. Belmar & Associates does not control, and is not responsible for, the
content or privacy policies on, or the security of, such sites. Belmar & Associates does not endorse the
content, or any products or services available, on such sites. If you establish a link to such sites or the
Site, you do so at your own risk and without the permission of Belmar & Associates.
7. Revisions of the Terms
Belmar & Associates may at any time, and without notice, revise these Terms of Use by updating this posting.
You are bound by any such revisions and should therefore periodically visit this page to review the current
Terms of Use.
PRIVACY POLICY
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1. General
Belmar & Associates respect the privacy of every individual who visits our web site. This Privacy Policy
outlines the information Belmar & Associates may collect and how we may use that information.
2. Personal Data
Belmar & Associates will not collect any personal information about you (e.g., your name, address, telephone
number or email address through our web site unless you have provided it to us voluntarily. If you do not want
your personal data collected, please do not submit it to us.
When you do provide us with personal data, we may use that information in the following ways, unless stated
otherwise: we may store and process that information to better understand your needs and how we can improve
our products and services. We do not intend to sell, rent or market personal data about you to third parties.
3. Additional Information Collected Automatically
In some cases, we may automatically (i.e., not via registration) collect technical information when you connect
to our site that is not personally-identifiable. Examples of this type of information include the type of
Internet Browser you are using, the type of computer operating system you are using and the domain name of the
web site from which you linked to our site.
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