CIHOLAS GENERAL TERMS OF SERVICE

These General Terms of Service (General Terms) are a legal agreement between you (“you,” “your”) and Ciholas, Inc. (“Ciholas,” “Licensor,” “we,” “our,” or “us”) and govern your use of all Ciholas services (“services”), which include, but are not limited to Ciholas.com, Ciholas Shop, Ciholas Forum, CUWB.io and all Ciholas products, software, and hardware. In addition, the Ciholas Forum has an additional Terms of Service page and Privacy Policy unique to the circumstances of a forum, in which individuals can post content. If you are accessing and/or using any of the Ciholas services on behalf of your employer or as an agent of a third party, your employer or third party is bound to these terms.

Please read these General Terms carefully and review them frequently as they may be modified or amended from time to time. Your browsing and/or use of these services signifies that you have read, understand, and agree to be bound by the terms herein. If you are in disagreement with this or any of our other policies, please discontinue the use of our services immediately. 

We may terminate or suspend access to our services at any time, without prior notice, or liability, for any reason whatsoever, including without limitation if you breach the General Terms. All provisions of the General Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms of Service were last modified on 06/12/2018.

 Ciholas Standard Privacy Policy

Ciholas is committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please notify us at info@ciholas.com.

The following is to inform you of our policies for collecting, using, and disclosing your Personal Identifiable Information (PII) made available to us when you browse our sites, create accounts on our sites, or purchase and use our products.. By using any of our services, you are agreeing to the collection and use of your PII in accordance with this and other policies contained in our Terms of Service.

Personal Identifiable Information Collected

In the Ciholas Shop and on the Ciholas Forum (see additional Privacy Policy for the Ciholas Forum here), we collect personal information that you voluntarily provide to us when creating an account, posting messages, or otherwise contacting us. The PII that we collect depends on the context of your interactions with us and the choices you make regarding the information you provide. The PII you share is up to you and is not required for browsing any of our sites. However if you want to create an account, purchase an item in our shop, or participate in the discussions in our forum, you will be asked for PII. The PII collected is encrypted using secure socket layer technology (SSL).

The PII we collect could include the following:

Name and Contact Data – First and last name, email address, postal address, phone number, and other similar contact data.

Credentials – Passwords and similar security information used for authentication and account access.

Payment Data – All payment data is collected through a third party payment processor (TPPP). Ciholas DOES NOT have access to any of the payment information that you provide to the TPPP. None of the TPPPs use any of your data for anything other than processing your payment and have their own privacy policies that are as strict or more strict than those contained in this privacy policy. All third party payment processors used by Ciholas, use the Privacy Shield Framework or are Privacy Shield Compliant. For more information about Privacy Shield, go to https://www.privacyshield.gov.

Information Usage

We use your PII for the purposes listed above and to keep our site safe and secure (for example fraud monitoring and prevention) and to enforce our terms, conditions, and policies for our legitimate business purposes.

We may disclose your information where we are legally required to do so in order to comply with applicable law, judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena.

We will not share, sell, rent, or trade any of your PII with any third parties for their promotional purposes.

Duration of PII Storage

We keep your information for only as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise  required by law (such as tax, accounting, or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than seven years.

You may update, correct, or delete your account information from our sites at any time, by accessing your account settings page on the site. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible, then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Keeping PII Safe

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, given that the internet is not 100% secure, transmission of personal information to and from our sites is at your own risk. Only access our services and sites within a secure environment.

Unique Privacy Rights

Based on the laws of some countries and states, you may have the right to request access to the PII we collect from you, change that information, or delete it in some circumstances. For more information on how to do that, please contact us at info@ciholas.com.

If you are visiting our sites from outside of the United States, please be aware that you are sending information (including PII) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries, including the United States, may not have data protection law as comprehensive or protective as those in your country of residence; however, our collection, storage, and use of your PII will at all times continue to be governed by this Privacy Policy.

Non-PII Information Automatically Collected

We automatically collect certain information through Google Analytics when you visit, use, or navigate any of our sites. This information does not reveal your specific identity, but may include device and usage information, such as your computer’s Internet Protocol (IP) address, browser type, browser version, operating system, referring URLs, country, location, the pages of our sites that you visit, the time and date of your visit, the time spent on those pages, and other similar statistics. This information is primarily needed to maintain the security and operation of our sites and for our internal analytics and reporting purposes.

We collect this information using cookies. Cookies are small pieces of text stored on a user’s computer. They can be accessed by the web server or the client computer allowing the server to deliver information tailored to the user. Most web browsers are set to accept cookies by default. We use cookies to keep track of items stored in your shopping basket, to conduct research and diagnostics to improve our content and services, to prevent fraudulent activity, and to improve security.

If you prefer, you may choose to set your browser to remove and reject cookies. This could affect the availability of certain features or services on our sites. Most browsers allow you to turn off cookie collection in their Tools/Settings button under a Privacy tab.

     Ciholas 60-Day Money Back Guarantee

All Ciholas products have a 60-day money-back guarantee. If for any reason the performance of any product is not acceptable, the product may be returned to Ciholas for a refund. Please note: shipping costs are not refundable and there is a 10% restocking fee for all returns. To be eligible for a refund, a customer must include an RMA# (see our return process) and dated proof of purchase with the item for return. The cost of the return shipment is at the buyer’s expense.

 Ciholas Standard Product Warranty and Disclaimer

Ciholas, Inc. (Ciholas) warrants that all Ciholas manufactured products, excluding software, will be free from any defect in materials or workmanship for a period of one year. Warranty begins from the date that an item is shipped from Ciholas to the buyer. The warranty is non-transferable and is extended only to the original buyers of this product when the product is used for the purpose for which it was intended. The one-year warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, improper installation, acts of nature, tampering, or any repairs attempted by anyone other than Ciholas.

During the one-year warranty period, the customer’s sole and exclusive remedy will be, at Ciholas’ sole discretion, the repair or replacement of the defective product, or refund of the purchase amount of the product. Ciholas reserves the right to substitute functionally equivalent new or serviceable used parts.

See our return Process

To be entitled to the rights provided by the one-year warranty, the customer must do the following:

  1. Contact Ciholas Technical Support at shop@ciholas.com or 1-844-595-TECH (8324) for possible troubleshooting tips or return/exchange instructions.
  2. Provide in email/phone call, all model number(s), serial number(s), and date(s) of purchase for all items affected.
  3. If return/exchange is necessary, Customer will be given a Returned Material Authorization (RMA) # to include with their return.
  4. Customer then ships item(s) (at customer’s cost) to Ciholas at the following address:

    Ciholas, Inc.

    3700 Bell Road

    Newburgh, IN 47630

    ATTN: Returns RMA# XX

  5. Once product arrives at Ciholas, turnaround shipment of replacement product(s) or refund to be sent to customer is typically 5-7 business days.  Method of return shipment is at Ciholas’ discretion and expense.

 

 

PRODUCT WARRANTY EXCLUSIONS

Ciholas does not warrant or guarantee, and is not responsible for the following:

  1. Defects, failures, damages or performance limitations caused in whole or part by (A) power failures and surges; fires; floods; acts of nature; excessive temperatures; highly corrosive environments; accidents; actions by third parties; or other events outside of Ciholas’ control, or (B) customer’s abuse; mishandling; misuse; negligence; improper storage, servicing, installation or operation; or unauthorized attempts to repair or alter equipment in any way.
  2. Performance of the equipment when used in combination with equipment not purchased, specified, or approved by Ciholas.
  3. Batteries or other consumable goods.
  4. Alterations and/or modifications to any Ciholas equipment without Ciholas’ written authorization. Such action unconditionally VOIDS the Ciholas Standard Warranty.
  5. Installation of any software code, other than that provided and licensed by Ciholas. Any such installation onto any Ciholas product voids the one-year warranty, unless a written exemption is provided to the customer from Ciholas.

 

DISCLAIMER OF WARRANTY

CIHOLAS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND HARDWARE) AND OTHER SERVICES MADE AVAILABLE THROUGH CIHOLAS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CIHOLAS SERVICES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: CIHOLAS.COM, CIHOLAS SHOP, FORUM.CIHOLAS.COM, CUWB.IO, AND ALL CHIOLAS PRODUCTS, SOFTWARE AND HARDWARE. THE USE OF CIHOLAS SERVICES IS AT THE USER’S SOLE RISK.

EXCEPT AS EXPRESSLY PROVIDED IN THE CIHOLAS STANDARD WARRANTY POLICY STATEMENT, CIHOLAS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CIHOLAS BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER INJURIES AND/OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE CIHOLAS SERVICES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, BREACH OR ANY OTHER PECUNIARY LOSS), OR FROM ANY BREACH OF WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS DISCLAIMER OF WARRANTY, THE MAXIMUM AGGREGATE AMOUNT TO WHICH THE USER IS ENTITLED IS THE AMOUNT OF THE FEES PAID BY THE USER TO CIHOLAS.

CIHOLAS IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF CIHOLAS SERVICES NOR OF ANY APPLICATION OR USE OF CIHOLAS SERVICES IN AN ILLEGAL MANNER OR TO COMMIT AN ILLEGAL ACT OR IN A JURISDICTION IN WHICH IT IS ILLEGAL OR UNAUTHORIZED TO USE THESE SERVICES. IT IS THE RESPONSIBILITY OF THE USER OF CIHOLAS SERVICES TO ESTABLISH THE LEGALITY OF ITS USE IN THE USER’S JURISDICTION.

 

Ciholas Standard Software License Agreement

                                                                                                          

  1. This is an agreement between Ciholas, Inc., (hereafter referred to as Licensor) and End-User, (hereafter referred to as        Licensee), who is being granted usage of the CUWB Software License (hereafter referred to as the License) per the terms in this agreement.
  2.  Licensee acknowledges that this is only a limited, nonexclusive, nontransferable license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
  3.  Software is for demonstration and evaluation purposes only. Commercial use and distribution of the Software is expressly prohibited unless permission has been granted by Licensor in writing to Licensee.
  4.  This License permits Licensee to install and use the Software on more than one computer system. Licensee may make copies of the Software for personal use and evaluation. Licensee will not redistribute or allow others to redistribute copies of the Software.
  5.  The Licensee must never use the software in any way where the software or failure of the software could cause possible harm or injury to the Licensee or others. 
  6. Notwithstanding any other agreements with licensor, the Licensee shall indemnify, defend, and hold harmless licensor, its employees, successors, and heirs against any claim, liability, cost, damage, deficiency, loss, expense, or obligation of any kind or nature (including, without limitation, reasonable attorney’s fees and other costs and expenses of litigation) incurred by or imposed upon the indemnitees or any one of them in connection with any claims, suits, actions, demands, or judgments (including, but not limited to, actions in the form of tort, warranty, or strict liability) arising from the use of this software.   
  7.  Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach of Licensee.
  8.  Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.   
  9. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software, unless modified and agreed to in writing by both parties. 
  10. This License Agreement will be governed by the laws of the State of Indiana and any claims and controversies arising from use of this Software shall be brought in the State of Indiana.
  11. This License Agreement is valid without Licensor's signature. It becomes effective upon the Licensee's use of the Software.  
  12. The Licensor may amend the License at any time and will post such modifications on this website. Changes are effective upon posting. The Licensee’s continued use of the Software after such posting constitutes acceptance.
  13. Unless expressly stated otherwise, all Software constitutes original code and is subject to the License. Any use of the Software must be in compliance with the License.