Introduction and Agreement

Use of the GHOST3D.COM Web Site (Site) and GHOST 3D Properties and Information made available through the Site is governed by the policies, terms and conditions set forth below and on the Site. Please read them carefully. Your use of this site occurs when you access, read or transfer data from the ghost3d.com web site domain or sub-domains. Your use of this Site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to GHOST 3D, LLC indicates acceptance of these terms and conditions and the GHOST 3D Terms and Conditions of Sales. GHOST 3D, LLC reserves the right to make changes to this site and these terms and conditions at any time. These terms and conditions shall supercede subsequent terms or conditions with respect to the specific provisions hereof, whether or not such terms or conditions are signed by GHOST 3D, LLC, with the exception of the following: (i) an active Distribution Agreement or Reseller License Agreement you may be engaged in with GHOST 3D, LLC at this time, or (ii) current Terms and Conditions of Sales that are provided explicitly in written form with a written purchase order or invoice.

WARNINGS:
- Using the GHOST 3D Product Order Form constitutes your acceptance and agreement to the GHOST 3D Terms and Conditions of Sales, which govern sales and return policies.
-When using the GHOST 3D Product Order Form and its subsequent billing and transaction pages on our web sites and partner web sites, please avoid navigating Backward and Forward through any of the purchasing transaction pages, or your credit card may be inadvertently charged more than once. While such an error by the purchaser can and will be remedied, it will save time if you refrain from reposting the data by clicking back and forward. Instead, please contact GHOST 3D if you experience a problem.
- If you need assistance with your purchase you should print any approved transaction pages and Contact a Sales Representative.

Copyright and Trademark Notice

This site is owned and operated by GHOST 3D, LLC. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of GHOST 3D, LLC, Copyright © 1996-2008, ALL RIGHTS RESERVED. All audio and video clips are the sole property of GHOST 3D, LLC or their respective content providers. All software used on the site is the sole property of GHOST 3D, LLC or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without GHOST 3D, LLC's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

GHOST 3D, GHOST GRAF|X, Surf-iT, Scribe-iT, ResErect, Power Digitizer Pack, Power Modeler Pack, and MicroScribe-MAX are trademarks, or service marks of GHOST 3D, LLC. All custom graphics, icons, logos and service names are trademarks, or service marks of GHOST 3D, LLC All other trademarks or service marks are property of their respective owners. The use of any GHOST 3D trademark or service mark without GHOST 3D, LLC's express written consent is strictly prohibited.

GHOST 3D Privacy Policy

When you place an order with GHOST 3D we ask for your name, your billing address, your credit card number and expiration date, your email address, and possibly information about your existing software. Additionally, when you subscribe to certain services, bulletins, free downloads, or our newsletter we may also ask you for your contact information. GHOST 3D considers any and all of this information to be private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and occasionally to notify you of product changes or special offers that may be of interest to you. In the event you do not wish to receive information via email from GHOST 3D, you may request to be removed from our mailing list.

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, GHOST 3D shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. GHOST 3D shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GHOST 3D shall promptly issue a credit to your credit card account in the amount of the erroneous charge.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that GHOST 3D, LLC is not responsible for the maintenance of, operation of or content located on or through any such site.

Jurisdiction and Venue

You agree that any legal action brought against GHOST 3D, LLC shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the GHOST 3D sites shall be an appropriate federal or state court located in Alameda County California.

Reverse Engineering: 

Customer acknowledges that GHOST 3D's software Product(s) contain proprietary and trade secret information. Customer further agrees not to attempt reverse engineering, comparative analyses, disassembling the Product(s) or otherwise attempting to discover the design and internal workings of the Product(s), and to use best efforts to prevent employees, agents, and/or contractors from performing any such activities. If this provision violates applicable local law, Customer shall notify GHOST 3D, LLC in writing ninety (90) days prior to any proposed action in contravention of this provision.

Patent and Trademark Markings 

Customer agrees not to remove, move, cover-up, deface or otherwise interfere with any GHOST 3D, LLC or other Product manufacturer's patent markings, copyright notices or trademarks as such appear or are placed on the Products.

Typographical Errors

 In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, GHOST 3D shall have the right to refuse or cancel any orders placed for Product(s) listed at the incorrect price. GHOST 3D shall have the right to refuse or cancel any such orders whether or not the order has been confirmed or your payment received. If your payment has already been received for the purchase and your order is canceled, GHOST 3D shall promptly issue a credit to your account.

Jurisdiction and Venue 

You agree that any legal action brought against GHOST 3D, LLC shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the GHOST 3D sites shall be an appropriate federal or state court located in Alameda County California.

Governing Law

The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the internal substantive laws of the State of California applicable to agreements to be made and to be performed solely within California, without giving effect to any conflicts or choice of laws principles that otherwise might be applicable and excluding the United Nations Convention on Contracts for the Sale of Goods.

Entire Agreement and Severability 

This Agreement and its exhibits and appendices constitute the complete agreement of the parties with respect to the subject matter, and supersede any other agreements, written or oral, concerning the subject matter hereof. If any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

(end of Terms and Conditions for Use of Web Site and Properties)

GHOST 3D "Terms and Conditions of Sales"
(Agreement)

Introduction and Agreement

By placing an order, receiving or accepting a quote, invoice or by otherwise attempting to enter into a purchase transaction for goods, services or license(s) to use intangible or tangible products or services (“Products”) from GHOST 3D, LLC (“GHOST 3D”), you (“Customer”, “you”) hereby agree to the following Terms and Conditions (“Agreement” and also referred to as the “Terms and Conditions of Sales”) which apply to the attached invoice or quotation in addition to all orders approved by, estimates sent from, sales discussions, invoices issued, purchase orders received and Products sold, leased or licensed, willfully by GHOST 3D, LLC. This Agreement may not be modified, superseded, amended or otherwise altered, except by a signed written authorization from GHOST 3D, LLC. Any terms or conditions contained in any acknowledgment, request, purchase order, or other communication of Customer which are inconsistent with the terms and conditions of this Agreement are hereby rejected and shall not be construed nor deemed to affect or modify this Agreement, its purpose and terms, nor GHOST 3D’s responsibilities whatsoever with respect to the subject matter herein. These terms and conditions shall supercede subsequent terms or conditions with respect to the specific provisions hereof, whether or not such terms or conditions are signed by GHOST 3D, LLC, with the exception of the following: (i) an active Distribution Agreement or Reseller License Agreement you may be engaged in with GHOST 3D, LLC, or (ii) current Terms and Conditions of Sales that are provided by GHOST 3D explicitly in written form with a written purchase order or invoice.

Quotations

Quotations are Confidential and intended only for the recipient to whom they are sent and addressed to. The pricing on any quotation or order form only applies to purchase made directly by Customer to GHOST 3D, LLC. Quotes and order forms are valid only for the number of days specified therein on the quote or form and from the date that the quote, invoice or order form is dated. GHOST 3D, LLC reserves the right to refuse any purchase without notice or explanation.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify GHOST 3D’s acceptance of your order, nor does it constitute confirmation of GHOST 3D’s offer to sell, nor your right to install or use the Product(s). GHOST 3D reserves the right at any time after receipt of your order to accept or decline your order for any reason. GHOST 3D reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. You will only be charged in the amount of the order you receive. All orders placed over US$2000.00 must be obtained through pre-approval with an acceptable method of payment, as established by GHOST 3D. We may require additional verifications or information before accepting any order. If you are a reseller you must obtain from GHOST 3D a prior written agreement to purchase and resell GHOST 3D products. GHOST 3D, LLC does not accept internet orders from distributors, resellers, computer and software dealers, exporters, wholesalers, or other customers who intend to resell the products offered by GHOST 3D without a prior written agreement and approval from GHOST 3D. GHOST 3D, LLC at its sole discretion reserves the right to refuse any order without reason or notice.

Pricing and Payment 

All prices are quoted in US currency. Pricing is subject to change. Payment must be received in the exact quoted total amount prior to order fulfillment, shipping if applicable and/or GHOST 3D approval and issuance of Software Product download, license registration and authorization. Prepayment is required on ALL orders and is a requirement enforced by all our vendors unless prior credit terms have been established. All sums not paid when due shall accrue interest daily on the unpaid balance, at the lesser rate of (a) the Annual Nominal Rate of 20% compounded monthly, or (b) the highest rate permissible by law, until current balance with interest is paid in full.
Purchase Orders: All orders placed with GHOST 3D shall be subject to acceptance by GHOST 3D, and may also be subject to acceptance by the manufacturer of the Product(s) named in any order, quote, invoice, estimate, or bill of sale. GHOST 3D shall not be liable for any damages to Customer or to any other person for GHOST 3D’s failure to fulfill any orders or error in filling any orders for any reason whatsoever, whether or not the orders have been accepted by GHOST 3D. If current orders for Products exceed manufacturer’s available inventory the allocation of inventory shall be determined by the manufacturer.
Credit Cards: GHOST 3D can accept certain credit cards for approved purchases. For purchases over US$2000.00 please contact GHOST 3D for approval. Please be sure to provide your exact card number, expiration date, card ID, Billing name, address (address your credit card bank uses to send your statements) and phone number. Incorrect information may cause a delay in processing your order.
Money Orders, Cashier's Checks, & Bank Checks: When requested by e-mail and at our discretion, GHOST 3D can accept money orders, cashier’s checks, and bank checks in U.S. Dollars. Orders are processed upon receipt of a money order or bank check. Please allow up to 10 banking days after receipt for clearance of funds before the order is processed. GHOST 3D,LLC will charge a $25 fee on all returned checks.
Wire Transfers: For Wire Transfer or other transfers please contact GHOST 3D, LLC via e-mail (Contact Sales) or fax (510-481-1176) for wire transfer information prior to filling out and submitting an order form. Please also send e-mail notification to GHOST 3D within 2 days of the date you send a wire transfer. For wire payment there is a small Bank Fee added to the total billing.
To make payment by method other than credit card please contact GHOST 3D for full payment instructions by e-mailing a Sales Representative.

Third Party Products

Some of the Product(s) are manufactured by third parties and are therefore subject to the terms and conditions for sales, use, ownership, and warranty as established by their corresponding manufacturer. Such Products are subject to availability and may incur a lead time prior to delivery. GHOST 3D shall not be responsible for any responsibility, obligation or agreement between Customer and third party manufacturer. GHOST 3D does not make any warranties or guarantees regarding third party Product(s). Furthermore, Customer is advised to read and review all terms and conditions established between such third party manufacturer and Customer prior to ordering any third party product from GHOST 3D.

Sales Taxes

GHOST 3D, at this time does not charge or add any sales tax, duties, nor assess any tariffs on any Products except tangible Products ordered by or for Customers within the State of California, USA (electronic media downloads excluded). Each Customer shall be solely responsible for all sales taxes, duties, tariffs, or other charges imposed by authorities in Customer’s governing state or country of residence for any and all orders distributed from GHOST 3D, LLC to any state or country. Orders for tangible Products (including hardware, physically shipped hardware/software bundles, or other tangible merchandise) shipped to destinations in the State of California shall be subject to applicable California Sales Tax.

Disclaimer of Warranty and Limitation of Liability as to Products Sold

Products which are manufactured by third parties are warranted by and between third party manufacturer and Customer as per Manufacturer’s warranty terms. All GHOST 3D proprietary products come with a satisfaction guarantee for 14 days from the date of purchase when activated in Trial or Evaluation mode only (See Return Policy). Except as expressly stated herein, GHOST 3D, LLC makes no representations or warranties, either express or implied, of any kind with respect to Product(s) sold by GHOST 3D, LLC, it’s distributors or resellers, or through its web site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to GHOST 3D, LLC arising from any product sold on the GHOST 3D sites shall be the price of the product ordered. In no event shall GHOST 3D, LLC, its directors, officers, employees and representatives be liable for special, indirect, consequential, punitive or other damages related to the Products. GHOST 3D, LLC makes no warranties whatsoever. Customer must read and agree to license agreement(s) presented in packaging or during installation of Software Product(s) prior to accepting, installing and authorizing the Product(s).

GHOST 3D Software Products:

(1) Internet Distribution: GHOST 3D and its partners have adopted an ESD (Electronic Software Distribution) through the GHOST 3D web site and internet distribution services. Software products are released and delivered with the latest version updates through Internet download. Customer agrees that internet delivery of authorized copies shall be the sole and exclusive responsibility of GHOST 3D in delivering its proprietary Software products. GHOST 3D shall provide or e-mail the Customer or registered End User the Internet download instructions within 3 business days after payment has been received by and cleared with our financial institution. Notwithstanding the foregoing, if Customer purchases GHOST 3D Software Products through the GHOST 3D web site e-commerce store, Customer may be given the opportunity to download the Software immediately upon automated approval of payment.
(2) In any event it is Customer’s responsibility to accept the "Terms and Conditions of Sales" presented to the Customer prior to purchase, and to request, review and accept the Software Maintenance Policy(ies) and Software License Return Policy prior to purchase of Software or Software Maintenance Plans, and to read and accept the Software License Agreement (provided on request and presented during installation), prior to completing installation and using the Software.
(3) Software License Term (duration), Maintenance Policy, and extended Software Maintenance Plans: The License Term (indefinite duration of the Software License), complementary Software maintenance (typically 12 months), and any Software Maintenance service(s) provided with or extended Software Maintenance Plan provided for the Software product(s) license are governed by the corresponding Software’s License Agreement and subject to the terms and conditions of the “Software License Term (Duration) and Software Maintenance Policy” or Software Maintenance Plan, and therefore Customer is advised to request, review, understand and accept all such terms and conditions of duration and maintenance prior to ordering GHOST 3D’s Software.

GHOST 3D Privacy Policy 

When you place an order with GHOST 3D we ask for your name, your billing address, your credit card number and expiration date, your email address, and possibly information about your existing software. Or, when you subscribe to certain services, bulletins, free downloads, or our newsletter we may also ask you for your contact information. GHOST 3D considers any and all of this information to be private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and occasionally to notify you of product changes or special offers that may be of interest to you. In the event you do not wish to receive information via email from GHOST 3D, you may request to be removed from our mailing list.

Software Licenses Return Policy

Software is licensed, not sold, and for mutual interests all return requests for any GHOST 3D Software product(s) (Software) shall only be considered for refund, credit or acceptance under all of the following terms:  Software Returns for credit/refund can only be accepted if the 14 day "Evaluation Period" has not expired and a temporary “Quick Start Authorization Key” was first requested. The 14 day "Evaluation Period" is the period commencing from the date the Software is purchased (paid for) or otherwise obtained by Customer (whichever occurs first) and expires 14 days thereafter unless otherwise approved in writing by GHOST 3D, LLC. Under no cicumstances shall any Software License be considered for refund if the Software is possessed longer than the Evaluation Period, or if it has been authorized by any other mechanism or permanent authorization. Customer is hereby informed that upon purchase the Software is licensed temporarily for use exclusively under Trial License, and under such license Customer is instructed to promptly contact GHOST 3D within the Evaluation Period to either (A) request a temporary “Quick Start Authorization Key” (if Customer intends to evaluate the Software with any option to return for refund), or to (B) register and obtain a Permanent Authorization Key. Please notice that under any evaluation or Trial License the Customer/End User must only use the Software according to the terms of the Trial License presented by the installation; and, further the Customer/End User must not store, copy, or transfer the Software to any other person, entity, or location. By agreement the sole method a Customer may be considered for refund is for Customer to submit to GHOST 3D (Support/Auth Dept.) prior to the end of the 14 day Evaluation Period both a request for the "Quick Start Authorization" (Quick Start Option) and a request for Return Authorization to return the Software. Such return authorization shall only be determined at GHOST 3D's sole discretion, and only if all return qualifications are duly met. If GHOST 3D determines that Customer qualifies to return the Software for refund, Customer must first return, remove, uninstall, and delete all copies and installations of the Software received or facilitated by Customer's means, and then Customer must complete all Software return instructions given by GHOST 3D, and finally Customer must comply with, complete, print, sign and submit a Software Product Return Agreement to GHOST 3D asserting that Customer removed all Software, files and related media, and will not ever use, copy, or transfer the Software and related material. Upon GHOST 3D's receipt of the signed return agreement, GHOST 3D will determine if the return is acceptable for crediting refund in the amount of Software license fees paid. If GHOST 3D does not receive from Customer during the 14 day Evaluation Period both (i) a request for a Quick Start Authorization Key and (ii) a request to return the Software under evaluation, then the Software license purchase is considered final and cannot be returned for credit or refund. Notwithstanding the foregoing, any Breach of License Agreement voids any license to use the Software and waives the right to any refund or credit whatsoever. Defective Software may be exchanged with the same product only. All refunds for non-defective items exclude any costs other than the original purchase amount. Please allow 4-8 weeks for refunds to be processed and credited to your account. Any discrepancies could result in a delay or partial forfeiture of your refund. To request a return agreement, please send your name, e-mail address, product name, End User Product ID and invoice number to the e-mail address of our Returns Department (returns'at'ghost3d'dot'com) before expiration of Evaluation Period under Trial License. GHOST 3D, LLC Software Product Return Agreements must be complete, signed and faxed to 510-481-1176 or returned to the postal address as printed on the “Software Product Return Agreement”.

No Grant of License

Software Products are licensed not sold to Customer, and Customer agrees that its use of the software Products will be governed by GHOST 3D, LLC's current end user License Agreement for that software Product. This Agreement does not and shall not be deemed to grant any license to or warranty in the software Product. Customer's purchase of the Product does not grant Customer any license, express or implied, in the patents, copyrights, trade secrets or other intellectual property (collectively, the "Intellectual Property") integrated in or associated with the Products.

Reverse Engineering

Customer acknowledges that GHOST 3D's software Product(s) contain proprietary and trade secret information. Customer further agrees not to attempt reverse engineering, comparative analyses, disassembling the Product(s) or otherwise attempting to discover the design and internal workings of the Product(s), and to use best efforts to prevent employees, agents, and/or contractors from performing any such activities. If this provision violates applicable local law, Customer shall notify GHOST 3D, LLC in writing ninety (90) days prior to any proposed action in contravention of this provision.

Patent and Trademark Markings 

Customer agrees not to remove, move, cover-up, deface or otherwise interfere with any GHOST 3D, LLC or other Product manufacturer's patent markings, copyright notices or trademarks as such appear or are placed on the Products.

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, GHOST 3D shall have the right to refuse or cancel any orders placed for Product(s) listed at the incorrect price. GHOST 3D shall have the right to refuse or cancel any such orders whether or not the order has been confirmed or your payment received. If your payment has already been received for the purchase and your order is canceled, GHOST 3D shall promptly issue a credit to your account.

Jurisdiction and Venue

You agree that any legal action brought against GHOST 3D, LLC shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the GHOST 3D sites shall be an appropriate federal or state court located in Alameda County California.

Governing Law 

The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the internal substantive laws of the State of California applicable to agreements to be made and to be performed solely within California, without giving effect to any conflicts or choice of laws principles that otherwise might be applicable and excluding the United Nations Convention on Contracts for the Sale of Goods.

Entire Agreement and Severability 

This Agreement and its exhibits and appendices constitute the complete agreement of the parties with respect to the subject matter, and supersede any other agreements, written or oral, concerning the subject matter hereof. If any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

(end of Terms and Conditions of Sales)

Copyright © 1996-2008 GHOST 3D, LLC

-- end of document--