These Terms and Conditions for Sale Agreement (“Agreement”) contain the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from MindShare. By accepting delivery of the product(s) purchased from MindShare and described on the invoice, Purchaser agrees to be bound by and accepts the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both parties. These terms and conditions are subject to change without prior written notice at any time, at MindShare’s sole discretion.
DEFINITIONS
"MindShare" means MindShare Inc.
"Purchaser", "they", and "their" means the individual or entity named on the invoice or purchase order.
PAYMENT, ORDERS, AND INTEREST
HOW DO WE COLLECT YOUR DATA
Advertised prices are in U.S. dollars and, unless otherwise noted, exclude international shipping costs and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within MindShare’s sole discretion, and unless otherwise agreed to in writing by MindShare, payment must be received by MindShare before acceptance of an order. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. MindShare may invoice parts of an order separately. Purchaser agrees to pay interest on all past-due sums at the highest rate allowed by law. MindShare reserves the unilateral right to cancel any orders at any time.
TAXES
Unless otherwise indicated on the face of the invoice, the Purchaser is responsible for paying all taxes associated with the order. This includes any applicable state tax in the United States, and any VAT, Customs Fees, or Duty assessed on international purchases.
SHIPPING AND RISK OF LOSS
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by MindShare is MindShare’s responsibility. Shipping dates are only estimates. Purchaser must notify MindShare of damaged or missing items to the order within seven (7) calendar days of receipt of the product(s).
RETURNS
For all Returns, Purchaser agrees to contact the Support Team (support@kfocus.org) who will provide a required return authorization code. Purchaser is responsible for arranging return shipping within five (5) business days to MindShare after receipt of authorization code. MindShare recommends return shipping with signature confirmation and insurance to mitigate the risk of in-transit theft or damage.
After MindShare has received a returned product, Purchaser agrees to provide MindShare up to five (5) business days to inspect and process the return. Product must be received in the original packaging and original condition to receive the maximum refund. If any components are missing, damaged, or late, the refund will be prorated to recover the replacement expense at full retail value and market labor rates.
SOFTWARE
All software provided on Kubuntu Focus-branded products is subject to the license of the individual software packages. It is the Purchaser’s responsibility to review the license of any software used or installed. Most software package licenses can be found installed in the subdirectories of /usr/share/doc.
PRODUCTS
MindShare continually updates and revises its products and service offerings. MindShare may revise and discontinue products at any time without prior public notice. The quoted SKU for Kubuntu Focus-branded products are of the quality specified by MindShare on its website and conform in all material respects to the product specifications current as of the date the product was purchased.
PRIVACY
MindShare is committed to respecting Purchaser’s privacy and operating in a manner that protects and manages data responsibly and transparently. The MindShare Privacy Policy can be viewed at this URL: www.kfocus.org/privacy.
LIMITATIONS OF LIABILITY
MindShare does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, for lost or corrupted data or software, or the provision of services and support. MindShare will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Purchaser agrees that for any liability related to the purchase of products or services bundled with the products, MindShare is not liable or responsible for any amount of damages above the aggregate dollar amount Purchaser paid for the purchase governed by this agreement.
BINDING ARBITRATION
Purchaser and MindShare agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against MindShare, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), MindShare’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at https://www.adrforum.com/, or via telephone at 800.474.2371) under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
GOVERNING LAW
This Agreement and any sales hereunder shall be governed by the laws of the state of California, without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.
APPLICABLE LAW AND NOT FOR RESALE
Purchaser agrees and represents that they are buying the products governed by this Agreement for their own use and not for resale.
EXPORT
Purchaser acknowledges that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. Purchaser agrees not to provide any written regulatory certifications or notifications on behalf of MindShare. MindShare has not tested products for use in high-risk activities, including any life-sustaining, chemical, or mission critical use. MindShare will not have any liability for any damages arising from the use of the products in any high-risk activity, including the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, medical systems, life support or weapons systems.
MISCELLANEOUS PROVISIONS
Purchaser will not register or use any Internet domain name that contains a MindShare trademark or trade name (i.e., MindShare, Kubuntu Focus) in whole or in part, or any other name that is confusingly similar.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
Last Updated: January 30, 2024