Cyser Software, Inc. Terms and Conditions of Sale

Please read the following terms and conditions of sale carefully before ordering products from us. This agreement ("Agreement") contains the terms and conditions that apply to purchases by you ("Customer") from Cyser Software, Inc. ("Cyser"). By placing an order, accepting goods shipped, or downloading software, Customer agrees to be bound by and accept these terms and conditions. Cyser reserve the right to alter this Agreement at any time, without prior notice to Customer.

Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document. Any attempt to alter, supplement or amend this document or to enter an order for products which is made subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both the Customer and an authorized representative of Cyser.

Acceptance
All product orders placed by Customer with Cyser are subject to acceptance by Cyser.

Payment
Terms of payment are within Cyser's sole discretion, and unless otherwise agreed to by Cyser, payment must be received by Cyser prior to Cyser's acceptance of an order. Orders are not binding upon Cyser until accepted by Cyser. Customer is required to pay shipping and handling. Unless otherwise stated, all payments will be made by credit card at the time of ordering. All credit card orders are subject to verification and approval. Customer's credit card account will be charged when the order is processed. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of your order.

Taxes
If applicable, a separate charge for taxes will be shown on the invoice.

Title
Title to software will remain with Cyser.

Software License
All software furnished to Customer is on a licensed basis. All software is provided subject to the license agreement governing use of the software. Customer agrees to be bound by the software's license agreement. Cyser does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

Shipping and Handling
Orders are usually shipped within 5 business days, depending on availability. Delivery times are estimates only and Cyser shall not be liable for delays. Shipping and handling fees are non-refundable. Cyser will ship to Customer addresses in the 50 United States and the District of Columbia. Software purchases are available for delivery via electronic transfer protocol.

Returns and Refunds
Customer satisfaction is guaranteed with any software purchased from Cyser within thirty (30) days of the purchase date. If you are not satisfied you can return the software for a refund. Shipping and handling are not included in the refund. All returns must be accompanied by a Return Merchandise Authorization (RMA) number. Cyser must receive a completed and signed Statement of Software Destruction within 35 days of the purchase date. No refund will be made until the Statement has been received by Cyser, or if the time requirements described above are not met. Cyser is not responsible for lost or misdirected mail, delays for downloading, or other communication system delays. Products not purchased directly from Cyser must be returned to the place of purchase (Web store, etc.) and are subject to the return policies of the place of purchase. Visit the customer support section at fitday.com for detailed instructions on requesting an RMA, obtaining a Statement of Software Destruction, and mailing the Statement.

Warranty Disclaimers / Limitation of Liability
IN NO EVENT SHALL CYSER, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS ("CYSER PARTIES") BE LIABLE FOR DIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS). HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT CYSER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT THE CYSER PARTIES MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD BY CYSER SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.

Typographical and Misprint Errors
Cyser is not responsible for typographical or pictorial errors and makes every possible effort to avoid them. Cyser reserves the right to change or correct prices. Item pictures may be representative item only. Specifications and descriptions subject to change without notice

Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Cyser is not responsible for the operation of or content located on or through any such site.

Substitutions and Modifications
Cyser reserves the right to substitute or change materials, parts, product specifications or functional attributes at any time without notice.

Forces Majeure
Cyser shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault of Cyser. Quantities are subject to availability. In the event of production difficulties or product shortages, Cyser may allocate sales and deliveries at its sole discretion.

Assignment
Customer may not assign its rights or obligations hereunder without the express prior written consent of Cyser. Cyser may assign its rights and obligations by giving Customer written notice thereof but without being obligated to obtain Customer's consent prior thereto.

Miscellaneous
You acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. This Agreement, as supplemented by specific product warranties, warranty disclaimers, and software license agreements, are the only agreement between Cyser and Customer relating to Customer's purchase of products from Cyser, and supersede any prior or contemporaneous agreement or representation. This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by Federal laws. Any litigation arising from this license will be pursued only in the state or federal courts located in the Commonwealth of Massachusetts.