Ambir Technology Inc. Terms and Conditions

By accepting delivery of any product ordered from Ambir.com (“Ambir.com”), you (“Customer”) agree to be bound by the terms and conditions listed below. You and Ambir.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Ambir.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Ambir.com. You agree and represent that you are buying for your own internal use or that of your employer, agency or association, and not for resale.

THESE TERMS AND CONDITIONS APPLY UNLESS YOU HAVE EXECUTED A SEPARATE PURCHASE AGREEMENT WITH AMBIR TECHNOLOGY.

Transactions

Payment Terms, Orders, Quotations

• Ambir Technology has a detailed set of requirements in vetting online orders to avoid fraudulent orders. If an order does not satisfy these requirements, the order will be cancelled.
• Ambir Technology offers products for sale on its website to new and existing business customers only for shipment to commercial addresses. For consumer orders or residential deliveries, we recommend placing your order with our online reseller partners Amazon and CDW.
• Business customers may be asked to provide their business license before an order is accepted.
• Orders from Hotmail accounts will not be accepted.
• Orders cannot be paid with multiple cards of any kind.
• Terms of payment are determined at Ambir Technology’s sole discretion based on available the payment option you select.
  Payment must be received by Ambir Technology prior to acceptance of your order.
  Payment shall be made by credit card, check, or wire transfer, unless some other pre-arranged method of payment has been accepted by Ambir Technology.
• You represent that your credit card usage follows all requirements of the credit card issuer. Any order is not binding unless accepted by Ambir Technology.
• Accepted orders are subject to cancellation by Ambir Technology at its sole discretion.
• Any quotation provided by Ambir Technology will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for two days from date of quotation. Otherwise, Ambir Technology’s standard pricing applies. Ambir Technology is not responsible for pricing, typographical, or other errors in any offers and reserves the right to cancel any accepted orders resulting from such errors.

Most online and phone orders received before 2:00 PM Central Time are processed the same day, provided the items are in stock and payment has been processed. Please allow up to 24-48 hours from the time your order is placed for processing. Ambir.com does not guarantee same-day shipping. Orders are not processed on weekends and holidays.

Shipping and Handling Charges, Taxes

All prices do not include charges for shipping and handling unless otherwise stated on the Ambir web page and your purchase order or receipt, for sales/use taxes, and for other government required fees, such as for recycling; any such charges are additional. Separate charges will be shown on the order acknowledgment for each applicable order.

• ALL CREDIT CARD ORDERS MUST HAVE THE SAME BILL-TO AND SHIP-TO ADDRESS. If you require a different Ship-To address, we will try to accommodate you under certain conditions. Please contact us at 630-530-5400 option 1.
• No deliveries will be made on Saturday or Sunday.
• Ambir.com does not guarantee same day shipping.
• Ambir.com does not offer International/Canadian/Puerto Rico shipping options at this time. If you would like to purchase our products internationally, please call our sales line at 630-530-5400 option 1.
• Taxes will be charged for orders shipped to states in which Ambir Technology is obligated to collect and report such sales. Otherwise, the purchaser is responsible for applicable sales tax.
• The Ambir.com store ships via United Parcel Service (UPS) and our shipments fall under the UPS delivery and holiday schedule.
• Ambir.com in no way guarantees or promises delivery dates and times for our orders. Shipments using the United States Postal Service and other carriers are available for phone orders.
• USPS – APO/FPO orders are accepted. Delivery will take approximately 2-6 weeks plus 24-48 hours to process the order. Due to military APO/FPO box size restrictions Ambir.com reserves the right to modify or cancel orders to meet these requirements. Please call us at 630-530-5400 option 1 if you are shipping to an APO/FPO as our online system will not accept this shipping option.
  For Hawaii and Alaska customers, UPS can ship via Ground, 2-Day Air, or Overnight Air and the shipping time will not be guaranteed.
• Exact delivery times to Hawaii and Alaska cannot be guaranteed.
• Most online and phone orders received before 2:00 PM Central Time are processed the same day, provided the items are in stock and payment has been processed. Please allow up to 24-48 hours from the time your order is placed for processing. Ambir.com does not guarantee same-day shipping. Orders are not processed on weekends and holidays.

Product Availability

Product availability may be limited at times. Products may not be available for immediate delivery. In the unlikely event that product becomes unavailable, Ambir Technology reserves the right to cancel orders or to provide a substantially equivalent or better substitute product.

Cross-Ship of Alternate Replacement Product

Ambir.com offers cross-shipping on alternate, non-defective product under the following criteria:

• The customer first agrees to purchase the replacement item.
• The replacement item is in stock.
• Return shipping costs are the sole responsibility of the customer. Return shipping is a service paid to a shipping courier so they will transport your authorized return to Ambir.com.
• Under no circumstance will Ambir.com cross-ship merchandise beyond 30 days from the original invoice date.

Order Verification

Ambir.com will provide an acknowledgement of your order via email. A follow up email will be sent when your order is processed, is ready to leave our dock and has been assigned a UPS tracking number. Please note that the initial order acknowledgement will not have tracking information.

Order Status

Ambir.com will keep you informed of your order status via e-mail. All tracking information will be emailed to your Ambir.com registered email address once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging into your account on our website.

Change Orders

You may request a change to your order provided the order has not already been charged to your account. Please call 630-530-5400 option 1, during Ambir’s normal hours of operation to request a change to your order. Please have your sales order number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.

Cancel Orders

You may request that an order be cancelled provided the order has not already been processed and shipped. Simply call 630-530-5400, option 1 during Ambir’s normal hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.

Pre-orders

Ambir.com will occasionally make new products available for Pre-Order. Pre-Order items are processed on our website the same way that regular, in stock items are processed by placing the item in your shopping cart, and following the normal check-out process.

A Sales Order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered hardware or software is in stock and ready to ship.

If you purchase an in-stock item with a pre-order item, Ambir.com reserves the right to split your pre-order item from your in stock item(s) so that a separate sales order can be issued for these items. The in stock item(s) will be shipped and billed immediately while the pre-order item(s) will be held until they become available.

While we make every effort to keep you informed of pre-order availability, we can not guarantee that we will update you prior to your pre-order products shipping. Please contact our Customer Service department at 630-530-5400 option 1 for updates.

You are welcome to cancel your pre-order at any time prior to shipment. Please contact Customer Service department if you need to do so.

Backorders

Ambir.com generally does not sell or offer backordered merchandise. We will not purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or damaged product(s). In that instance, we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges.

Price Matching

The Ambir.com webstore is not able to price match competitors. If you would like to discuss a competitive price, please call us at 630-530-5400, option 1 and we will be happy to discuss your specific situation. For your convenience, all of our most current pricing is listed on our website and updated in real-time.

Resellers

Ambir.com offers a qualified reseller program. Please call our main number at 630-530-5400 option 2 to speak with an Ambir.com reseller account manager about becoming a qualified Ambir.com reseller. Upon qualification, we can provide you with reseller direct pricing and other reseller program benefits. Reseller pricing is only provided to qualified and current resellers. Different terms and conditions apply to resellers. Information about becoming a reseller is available at www.ambir.com/ambirvar

Volume Pricing

If you are a reseller or volume purchaser, please contact us at 630-530-5400, option 2 to discuss your specific product needs and for volume pricing options.

Promo Codes

Ambir.com will sometimes furnish an alphanumeric code that can be used for promotions on our website. These promotional codes may be found in print and/or online advertisements, sent via email to our newsletter and/or promotion subscribers, presented on the Ambir.com website or circulated at events and through other means. Some of the specials offered through a Promo Code during checkout may include free shipping, volume discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.

Post-Purchase Information

Technical Support

Ambir Technology has no obligation to provide service and support except in accordance with the limited warranty program applicable to the covered product, or any other service offering purchased for such product, and only after Ambir Technology has received full payment for such service and support. Limited warranties and service offerings may vary from product to product. For covered product, an Ambir Technology support agent will first attempt to handle any problems by telephone, e-mail, or Internet chat. An Ambir Technology support agent may not be able to understand or resolve every given problem. If it is determined that the product needs to be returned, you must follow the return procedures in the applicable limited warranty and the terms of any applicable service offering. All returns require a Return Material Authorization (RMA) number. To obtain an RMA number and information on our RMA process, please call 630-530-5400 option 1. An RMA must be requested within the applicable period under the limited warranty or service offering. All products must be returned to Ambir Technology within ten (10) days of receipt of the RMA number and you must pay return shipping charges. Returns made without a RMA number will be refused. Upon receipt of the returned product(s), Ambir Technology will inspect the product to be certain all parts and software are included and no abuse, misuse or user negligence was responsible for damages which caused the return. You agree to pay Ambir Technology for any costs associated with missing parts or software, or related to any abuse, misuse of the product or user negligence of such product. You agree that Ambir Technology may offset such amount against any credit applicable for such returned product. If you desire to return a product that is not covered by a limited warranty or service offering, you must obtain an RMA per the above procedure and service will be at your cost according to Ambir Technology’s standard service pricing and terms. Ambir Technology may require pre-payment of all service charges, and despite our efforts, Ambir Technology may not be able to resolve every given problem, especially for products out of warranty.

Warranty Information

The limited warranty statement and duration for the specific Ambir/DocketPORT hardware product(s) that you have purchased is listed on our website at http://www.ambir.com/warranty-information. Ambir Technology is only obligated to honor warranties express or implied following receipt of your payment in full for your Ambir/DocketPORT product. EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY STATEMENT, AMBIR TECHNOLOGY, INC. MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. TITLE, AND NON-INFRINGEMENT, TO THE EXTENT THAT IMPLIED WARRANTIES MAY NOT BE EXCLUDED, THEY ARE LIMITED TO THE EFFECTIVE PERIOD OF THE APPLICABLE LIMITED WARRANTY FOR THE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO SUCH LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. AMBIR TECHNOLOGY’S LIABILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT. All warranty units returned to Ambir will either be repaired and replaced OR Ambir will exchange with an equivalent model with identical warranty coverage.

Return Policy

General Terms

• This policy is for returns on products purchased directly from Ambir Technology.
• RMA (Return Material Authorization) required on ALL returns. Products must be received within 15 days of RMA issuance. Returns without RMA will be refused. Contact Ambir Technology Customer Service and Support for details.
• Returned products subject to inspection, such as non-warranty-able events including but not limited to damage to missing parts or software, or damage related to any abuse, misuse of the product or user negligence of such product. If user has caused damage to the product(s), customer agrees pay any costs associated with damage to missing parts or software, or damage related to any abuse, misuse of the product or user negligence of such product. You agree that Ambir Technology may offset such amount against any refund or credit applicable for such returned product.
• Ambir Technology will provide a call tag within one (1) business day to the customer for return shipping. Excludes Canada, Puerto Rico, and International locations.
• Customer must return product in original unit packaging and adequate over-packing (or pay for replacement packaging to be sent to them by Ambir).

Refund Amount

• Up to 30 days from purchase date unopened – full refund on inspection.
• Up to 30 days from purchase date opened – refund minus 15% restocking fee.
• Up to 30 days from purchase date defective – replacement and Ambir pays shipping.
• After 30 days from purchase, no returns or refunds other than warranty repair or replacement during warranty period according to the product warranty. Customer may be billed for shipping if no defect found.

Ambir Technology does not refund original shipping, handling and other charges accrued at time of original purchase. If you received a free promotional item on condition of purchase of a returned item, you must return the promotional item or you will be charged for it. Custom-configured products, close-out products, and refurbished products may NOT be returned; all sales are final.

Physical Damage Policy

Physical damage to any product purchased at Ambir.com will effectively void warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. Cracked scanner CIS modules and lenses are considered to be physical damage. Physical damage to any product purchased at Ambir.com will effectively void warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. Cracked scanner CIS modules and lenses are considered to be physical damage.

Advanced Exchange Returns

Ambir Technology, at its discretion, may issue an Advanced Exchange (AE) return. An AE is typically issued when a product has been determined by our technical team to have failed with 14 days of receipt. Users must provide adequate access, including remote desktop diagnostics, to be considered for an AE return. A credit card deposit is required for all qualified AE events, with the deposit being refunded when the replacement unit has been received by Ambir.

Product Information

Product Information

The product resources offered on our product pages are subject to change without notice. As such, Ambir.com is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials at the time of purchase. Similarly, all compatibility or technical issues for non-Ambir developed product (e.g., third party software such as Nuance Power PDF) should be directed to the appropriate developer or manufacturer. These resources are provided on an “as is” basis by Ambir.com as a supplementary service to you, the user. We offer these resources to you strictly for informative purposes as they may lend valuable insight into products you are interested in and clarify any associated benefits.

Ambir.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Website. Due to human error and other indeterminates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Website is labeled with an incorrect price due to some typographical, informational, technical or other error, Ambir.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Websites from Ambir.com are provided as resources to customers looking for additional information and/or professional opinion. Ambir.com does not assume responsibility for the claims and/or representations made on these or any other Websites.

Ambir.com Revisions

Ambir.com is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, Ambir.com puts forth its commercially reasonable efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by Ambir.com or any third-party manufacturers. Ambir.com relies on our suppliers to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event a supplier fails to do so. Consequently, Ambir.com will not be held responsible for product revision changes.

General Information

Orders

An order is not binding upon Ambir.com until it is fully accepted and acknowledged by Ambir. We reserve the right to refuse orders that do not meet our internal security criteria; Ambir.com must receive payment authorization before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Ambir.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. All orders are subject to this Terms and Conditions of sale.

Security

We take security very seriously. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.

Privacy

Ambir.com respects your privacy. We will not under any circumstances sell or release your information to any third-parties except as outlined in our privacy policy. In addition to order status emails, Ambir.com reserves the right to provide you with email, direct mail or other forms of communication offering additional Ambir Technology products or services.

Safe Shopping Guarantee

Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure payment processing server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures. Ambir.com limits the amount of this coverage to a maximum liability of $50.00.

Limitation of Liability

IN ALL CIRCUMSTANCES AMBIR.COM ‘S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. AMBIR.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. AMBIR.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT AMBIR.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY: AMBIR TECHNOLOGY SHALL NOT BE LIABLE BEYOND THE REMEDIES SET FORTH HEREIN. AMBIR TECHNOLOGY’S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE PRODUCTS ORDERED BY YOU. IN NO EVENT SHALL AMBIR TECHNOLOGY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM BY A THIRD PARTY OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMBIR TECHNOLOGY SHALL NOT BE LIABLE FOR LOSS OF PRODUCT AVAILABILITY, LOSS OR CORRUPTION OF DATA. OR LOSS OF PROFITS OR BUSINESS. SOME STATES DO NOT ALLOW LIMITATIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO YOU.

Recordings

Ambir.com does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Ambir.com unless Customer has provided clear and conspicuous notice to Ambir.com and has received prior written consent from Ambir.com.

Risk of Loss

Title and risk of loss pass to you upon shipment from Ambir Technology dock of origin. You must notify Ambir Technology within fourteen (14) days of date of shipment in case any part of your purchase is wrong or damaged. Title to all software will remain with the applicable licensor(s).

Ambir.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software — and risk of loss passes to the Customer upon delivery to the carrier. Ambir.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Ambir.com to sign appropriate documents on Customer’s behalf to permit Ambir.com to protect its purchase money security interest.

Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken OR the software is activated and/or registered.

Ambir.com will advise Customer of estimated shipping dates, but Ambir.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, terrorism, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction

The sale and use of products purchased under this Agreement shall be governed by the laws of the State of Illinois excluding the conflict or choice of law provisions. You agree that venue and jurisdiction for all disputes will lie in DuPage County, Illinois. You agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise of any kind) between you and Ambir Technology, its agents, employees, directors, and affiliates arising in relation to this Agreement and the products purchased hereunder shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator knowledgeable in Internet contracts. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys’ fees, if any, provided that Ambir Technology will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent that such fees exceed the amount of the filing fee to initiate a claim in the court of general jurisdiction in the state where you reside. If any party prevails on a statutory claim that allows for the prevailing party to receive award of attorney’s fees, the arbitrator may award reasonable fees to the prevailing party.

Export Control

You acknowledge that products and technical data purchased or received under these terms and conditions may be subject to export control laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations. You represent that you are not purchasing to export, re-export, or transfer indirectly or directly any product outside of the United States without obtaining proper authorization from the applicable government agencies. You will not export, re-export, or transfer directly or indirectly any Ambir product either (i) to an embargoed/terrorist supporting country, including without limitation to Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government, (ii) to a person or entity barred by the US Government on export activity lists, including without limitation to persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List or (iii) to any destination for a prohibited end use. You will defend and hold Ambir Technology harmless against all claims, damages or liability resulting from breach of the foregoing.

Duties Tax

Ambir.com is not responsible for any export/import duties assessed by any foreign government. Please check your local import codes and laws to determine any applicable fees that you might be required to pay at the time and point of import.

No Assignment

You may not assign its rights or obligations under this Agreement without the express written consent of Ambir Technology.

Invalidity of Provisions

If any provision or provisions of this Agreement are held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Illinois law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with Ambir.com’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Ambir.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Ambir.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

Trademarks: Ambir and DocketPORT are registered trademarks of Ambir Technology, Inc.

Ambir Technology Terms & Conditions Version: 5.0: dated 11 August 2017