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Terms and Conditions
VirtualizationWorks.com is a division of BlueAlly, Inc.

READ CAREFULLY.This Terms of Use Agreement ("Terms of Use") applies to use of the VirtualizationWorks.com website located at http://www.VirtualizationWorks.com (the "Site"). The Site is the property of BlueAlly, Inc.

BlueAlly, Inc reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, BlueAlly, Inc grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to BlueAlly, Inc, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.

2. Use & Disclosure of Your Personal Information. You must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of making any purchases of any products and/or services or conduct any transactions, you represent that you have first read these terms and conditions and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information. Information collected on this site will NEVER be shared nor sold to 3rd parties or anyone else outside of our organization.

While BlueAlly, Inc takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL BLUEALLY INC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BLUEALLY, INC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

3. Consent To Our Communication With You By E-Mail. Each time you make a purchase through our Site, you grant permission for BlueAlly, Inc to contact you at your e-mail address. To stop receiving our marketing emails, please follow the opt-out procedures set forth in such marketing emails.

4. Conditions of Sale and Payment Terms. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

5. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express or government credit cards (each of which may be removed by BlueAlly, Inc in its sole discretion). Net terms are also available for eligible customers, and may be paid by check. We also accept wire transfer by request. Unless expressly set forth on this site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify BlueAlly, Inc of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If BlueAlly, Inc does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by BlueAlly, Inc or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. BlueAlly, Inc shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.

6. Leasing. We now offer leasing options for purchasing your new product. Qualified customers will have the ability to lease their purchase with convenient and powerful financing options. You are provided with the flexibility, quick response, and simplicity you need with quality customer service during your financing term.

Why Should I consider Leasing? Advantages of Leasing:

A minimum total purchase value is required for leasing options. Not all customers will qualify for the leasing program. Please contact us to see if you qualify for our leasing program. Please Note: All Leasing options are provided by third party equipment leasing companies.

7. Promotions, Promotional Gifts. Promotional items include any free items/gifts you receive with your order. Promotional items are only available on certain items, where stated. Promotions may be changed or revoked at any time. Promotional items may be shipped separately from your order via a different carrier and/or different service. Promotional items must be returned if you are returning your order (see return/exchange policy above). Promotional items may not be offered in the case of a quoted discount price or where a cash discount is provided. Unless otherwise stated, all promotional items are only available at the website price.

8. Order Acceptance Policy.Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BlueAlly, Inc reserves the right at any time after receipt of your order to accept or decline your order for any reason. BlueAlly, Inc further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by BlueAlly, Inc upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier.

9. No Responsibility To Sell Mispriced Products Or Services. BlueAlly, Inc shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. BlueAlly, Inc 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, BlueAlly, Inc shall immediately issue a credit to your credit card account in the amount of the charge.

10. Modifications to Prices or Billing Terms. BLUEALLY, INC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

11. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

12. Indemnification. You agree to indemnify and hold harmless BlueAlly, Inc and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

13. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS. " ALL OF BLUEALLY, INC’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, BLUEALLY, INC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE BLUEALLY, INC SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.