This website is owned and operated by NightVisionNetwork Inc. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers night vision devices by the worlds leading manufactures. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
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To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Terms and Conditions
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Terms of Use
NightVision Network, Inc. provides its online services to you subject to the following terms of use. By visiting this website, you accept these terms of use. These Terms and Conditions shall apply to all sales and supply of products made and services provided (“Products”) by NightVision Network, Inc.
Copyright
The entire content included in this site, including but not limited to text, graphics, logos, service names, page headers, button icons, images, digital downloads, data compilations, scripts, customer reviews, and software is copyrighted as a collective work under the United States and other copyright laws, and is the property of NightVision Network, Inc. The collective work includes works that are licensed to NightVision Network, Inc., Copyright 2022, NightVision Network, Inc., ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with NightVision Network, Inc. or purchasing NightVision Network, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with NightVision Network, Inc. or to purchase NightVision Network, Inc. products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by NightVision Network, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of NightVision Network, Inc. used in the site are trademarks or registered trademarks of NightVision Network, Inc.
Other Trademarks
Trademarks appearing on this website that are not owned by NightVision Network, Inc. are the property of their respective owners, who may or may not be affiliated with NightVision Network, Inc.
Intellectual Property
All rights and interest to the inventions, information, technical data or drawings, copyrights rights, patent rights, trademark rights, know-how, trade secrets, related intellectual property, intangible and proprietary rights throughout the world, relating to the Products or disclosed to the Buyer in connection with any order or proposal, are the exclusive property of NightVision Network, Inc. All tooling and methods used in the assembly and manufacture of Products shall be the sole and exclusive property of NightVision Network, Inc.
The Buyer shall not (a) decompile, reverse engineer, disassemble, trace or otherwise analyze the Products, their content, operation, or functionality; or (b) modify, adapt, or translate the Products, nor create derivative works based on the Products.
Product Warranty
Our full warranty statement can be found here.
Repairs within Warranty Period
The Buyer must contact NightVision Network, Inc. or its authorized distributor within the applicable warranty period to obtain a Return Merchandise Authorization (RMA) number. Dated proof of original purchase from NightVision Network, Inc. or its authorized distributor and a detailed description of the defect will be required. Products sent in for warranty service must be clean, decontaminated and free of mildew. NightVision Network, Inc. is not responsible for Products or parts thereof received without an RMA, or not clean, decontaminated, or free of mildew, and is entitled to return them to the Buyer at Buyer’s cost and expense. Products shall be packed in the original shipping container or in a manner substantially equal to the original protective packing used by NightVision Network, Inc. or NightVision Network, Inc.’s dealer or distributor The Buyer must ship the defective Products and/or parts thereof at its own cost and expense to NightVision Network, Inc. or designated work shop while repaired or replacement Products and/or parts will be shipped to the Buyer at NightVision Network, Inc. cost and expense. Such repaired Products or parts thereof will be shipped as soon as reasonably possible. NightVision Network, Inc. shall, at its sole discretion, decide on the place of performance for work under warranty. For Products and/or parts thereof forming part of a fixed installation, such place of performance shall be the site of such installation and NightVision Network, Inc. shall have the right to charge for additional costs for such services under warranty if the site of such Product and/or part is different from where such Product and/or part was originally installed or shipped.
Cost of appraisal of Products that are alleged to be defective shall be borne by the Buyer if the alleged defect cannot be identified under reasonable conditions by NightVision Network.
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Repairs Outside of Warranty Period
Once the warranty period has lapsed, the Buyer may turn in the Product for repair and/or maintenance work after obtaining an RMA from NightVision Network, Inc. indicating the work shop where the Product is to be shipped to at the Buyer’s cost and expense. NightVision Network, Inc. is not responsible for Products or parts thereof received without an RMA number. NightVision Network, Inc. shall submit a Quotation to the Buyer prior to starting the repair or maintenance work. Cost of appraisal of Products that are alleged to be defective shall be borne by the Buyer (i) if the alleged defect cannot be identified by NightVision Network, Inc. and/or (ii) if the Buyer decides not to carry out the repair or maintenance work after the receipt of the Quotation from NightVision Network, Inc.
Alterations and Discontinuation of Products, Technical Documents
NightVision Network, Inc. reserves the right to modify the design, configuration or specifications of equipment ordered by the Buyer; however, such modifications will not materially affect the performance, form, fit or function. Additionally, NightVision Network, Inc. reserves the right to discontinue the manufacture of a Product or the provision of a service at any time with immediate effect.
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Obsolescence of Parts
While NightVision Network, Inc. intends to provide parts in accordance with original design requirements, NightVision Network, Inc. reserves the right to make part substitutions provided the substituted part has the same form, fit and function as the item it replaces.
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Limitation of Liability
NightVision Network, Inc. shall not be liable for any loss, damage, cost of repairs, incidental or consequential or special damages of any kind whether or not based upon express warranty or implied warranty (except for the obligations assumed by NightVision Network, Inc. under the Product Warranty Clause), contract, negligence, or strict liability, or other legal or equitable theory, arising in connection with the design, manufacture, sale, use or repair of the product. In no event will NightVision Network, Inc. be liable to Buyer for any amount in excess of the purchase price of the product which proves to be defective.
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Indemnification
You agree to indemnify, defend, and hold harmless NightVision Network, Inc., its parents, subsidiaries and affiliates, and their respective directors, officers, employees, representatives, licensors and suppliers (collectively the “Service Providers”) from and against all claims, suits, losses, obligations, causes of action, damages and expenses (including attorney’s fees) relating to or arising out of any use of the Products by the Buyer, or relating to or resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
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Compliance
The Buyer agrees to comply in all respects with applicable provisions of the Foreign Corrupt Practices Act of 1997 (Public Law 95- 213) of the United States of America, which prohibits the making or offering of a bribe, kickback or payoffs to government officials, rebates to suppliers or subcontractors, violations of customs or currency control laws and violations of national laws or regulations. The Buyer agrees to save, hold harmless and indemnify NightVision Network, Inc. from Buyer’s violations thereof.
Certain Products manufactured and/or distributed by NightVision Network, Inc. contain lasers that may present a risk to health and safety and are regulated by the FDA and DOD. The Buyer agrees to resell or distribute such regulated Products in strict accordance with these agencies’ requirements. The Buyer agrees to ensure that manuals, labels and other safety information provided by NightVision Network, Inc. are forwarded with the Products to subsequent purchasers or users. The Buyer agrees to provide proof of appropriate end-user information and other documentation as required.
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Confidentiality
The following information is deemed to be Confidential Information: (a) the existence and terms of this Order (provided that NVN and the Buyer may agree to issue a press release identifying that they have concluded an arrangement, without identifying or expressing the terms of this Order); (b) any and all business, technical and other information which is identified or labeled as “Proprietary” or “Confidential,” whether written, oral or otherwise furnished and shall include, but not be limited to all data, reports, interpretations, forecasts and records which Receiving Party or its respective agents or employees shall have been furnished or had access to heretofore or hereafter in the course of NightVision Network, Inc’s. and the Buyer’s discussions. Confidential Information shall also include information received as a result of plant tours, demonstrations or other visual or audio presentations or verbal disclosures that the Disclosing Party indicates in writing to the Receiving Party no later than thirty (30) business days after conveying such information that it is Confidential Information. The parties will observe and adhere to the following obligations regarding Confidential Information. Both NightVision Network, Inc. and the Buyer shall: (a) limit the dissemination of Confidential Information to persons within its direct employment having a need for access, and who are informed of the obligations of confidentiality and non-use imposed by this Agreement; (b) protect Confidential Information from disclosure to third parties with at least the same degree of care (but no less than a reasonable degree of care under the circumstances) as it uses to protect its own Confidential Information of like kind from unauthorized use or disclosure; and (c) use Confidential Information only for the purpose of internally administering or enforcing this Order.
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Visitor-Supplied Content
Visitors to this website may send emails and other communications to NightVision Network, Inc. as long as the content is not illegal, obscene, threatening, defamatory, objectionable, invasive of privacy, infringing of intellectual property rights, or injurious to third parties.
Your online communications to NightVision Network, Inc. are not permitted to contain or consist of software viruses, commercial solicitation, chain letters, mass mailings, political campaigning, or any form of spam. You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. NightVision Network, Inc. reserves the right to remove or edit such submitted content.
NightVision Network, Inc. is not responsible for liable or any content you post. You will indemnify NightVision Network, Inc. as per our Indemnification Clause stated above for any claims resulting from content you supply.
Reliability of Content
NightVision Network, Inc.’s intent is that the content on our website is as accurate as possible. However, we do not warrant that content of this website is accurate, complete, reliable, current, or error-free.
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Typographical Errors
In the event that a NightVision Network, Inc.’s product is mistakenly listed at an incorrect price, NightVision Network, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NightVision Network, Inc. reserves 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 cancelled, NightVision Network, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
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Third-Party Links/Affiliates
To provide increased value to our visitors, NightVision Network, Inc. may link to sites operated by third parties/affiliates. Even though a Third-Party may be affiliated with NightVision Network, Inc., NightVision Network, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NightVision Network, Inc. These linked sites are provided for your convenience and therefore you access them at your own risk. Nonetheless, NightVision Network, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Please carefully review all privacy statements and terms of use.
NightVision Network, Inc. does not sell or make public availability of its customers, sales, or any other transactions to a Third-Party.
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Delivery
NightVision Network, Inc. will use its best effort to fill all orders. However, orders will be processed in accordance with the U.S. Government’s Defense Priorities and Allocation System (DPAS) which requires that DPAS-rated orders take precedence over all non-rated orders. If any conditions arise which prevent compliance with delivery schedules, NightVision Network, Inc. shall make its best effort to advise of any delay in delivery. The Buyer agrees that NightVision Network, Inc. shall not be liable for any damages, general, consequential, or otherwise as a result in delay in delivery, or for failure to give notice of any delay in delivery.
Inspection
Taxes
Purchases in the State of Texas will include an additional sales tax fee. All other states in the Continental U.S. do not require sales tax charges and fees.
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Changes
The Buyer may at any time request changes to the order within the general scope of work called for. If such changes cause an increase or decrease in the price of the Products sold, the Buyer shall be notified to this effect, and NightVision Network, Inc. shall not be obligated to proceed with such changes until it receives a written change order and agrees in writing to accept such change. NightVision Network, Inc. shall also be entitled to an extension of the delivery schedule as a result of such change(s).
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Order Cancellation
Orders accepted by NightVision Network, Inc. are not subject to cancellation by the Buyer except with written consent of NightVision Network, Inc. In the event of cancellation, the Buyer will be advised of applicable cancellation charges, which may include charges for raw material, work in process and finished goods applicable to the Order, together with applicable overhead and allowance for profit. In addition, the Buyer will reimburse NightVision Network, Inc. for any expenses incurred by NightVision Network, Inc. specifically for the Buyer Order fulfillment.
Packing, Packaging, and Marking
NightVision Network, Inc. will package and label items for shipment in accordance with Night Vision Device, Inc.’s standard commercial practice.
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Force Majeure
The following events shall constitute force majeure under any resulting Contract: (a) acts of God or of a public enemy; (b) acts of Government; (c) fires; (d) floods; (e) epidemics; (f) quarantine restrictions; (g) strikes; (h) work stoppages; (i) freight embargos; (j) unusually severe weather conditions; (k) failure of the U.S. Government to issue or the withdrawal of any required export authorization(s) or permit(s) necessary to perform this Purchase Order and (k) other events entirely beyond the control and without fault or negligence of NightVision Network, Inc. or the Buyer that may impact performance. NightVision Network, Inc. or the Buyer shall give the other notice, as soon as reasonably possible, that such NightVision Network, Inc. or Buyer claims a Force Majeure condition that would prevent NightVision Network, Inc. or the Buyer from performing its obligations hereunder, and of the cessation of the condition. Night Vision Device, Inc.’s or the Buyer’s notice under this clause shall include NightVision Network, Inc.’s or the Buyer’s good faith estimate of the likely duration of the Force Majeure condition.
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Disclaimer of Warranties and Limitation of Liability
This website is provided by NightVision Network, Inc. on an as-is and as-available basis.
We make no representations or warranties of any kind, express or implied, as to the operation or content of this website. NightVision Network, Inc. does not represent or warrant that this website, its servers, or email sent from this URL are free of viruses or harmful components, that the defects will be corrected, or that that the functions contained in the site will be uninterrupted or error-free.
NightVision Network, Inc. will not be liable for damages of any kind in connection with the use of this website. You expressly agree that your use of this website is entirely at your own risk.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Factory Warranty information is provided, where applicable, for individual products in their item descriptions listed on the site.
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Applicable Law and Dispute Resolution
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S. without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NightVision Network, Inc. products) shall be in the state or federal courts located in Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NightVision Network, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. NightVision NetworkInc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between NightVision Network, Inc. or the Buyer nor trade practice shall act to modify any of these terms and conditions. NightVision Network, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
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Export Control
The Buyer hereby acknowledges receipt of notice that some or all of the items and/or technical data provided or exchanged pursuant to this Order falls under the export control of International Traffic in Arms (ITAR) regulations, 22 CFR sections 120 – 130, or the Export Administration Regulations (EAR), 15 CFR sections 768 – 799. The Buyer acknowledges that these statutes and regulations impose restrictions on the import, export, and/or transfer to foreign persons or entities of certain categories of items or technical data and that licenses from the U.S. Department of State and/or the U.S. Department of Commerce may be required before such items or technical data can be provided to non-U. S. Persons. Accordingly, the Buyer shall not disclose, provide or export such items and/or information to any foreign person or entity, whether within the U.S. or abroad, without obtaining appropriate export authorization in advance. The Buyer understands and acknowledges its awareness that intentional violation of such export requirements may constitute a crime.
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Severability
If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be severable and will not affect the validity and enforceability of any remaining condition.
Modification of Website, Privacy Policy, or Terms of Use
NightVision Network, Inc. reserves the right to make changes to our Website, Privacy Policy and Terms of use at any time.
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Independent Relationship
Unless explicitly set forth in a separate agreement, the relationship of the sale is that of Buyer and Seller and will act at all times as an independently on behalf of their own account. Neither NightVision Network, Inc. nor the Buyer may represent or hold itself out as an agent or representative of each other. Neither NightVision Network, Inc. nor the Buyer have any authority to, and is expressly prohibited from, creating or assuming any obligation on behalf of the other, and from otherwise making or extending any representation, warranty, guarantee, or other commitment for or on behalf of the other.
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General
The terms and conditions outlined herein are severable and the invalidity, illegality or unenforceability of any one or more these provisions shall not affect the validity and enforceability of any other provisions. If any provision outlined herein is declared to be invalid, illegal, or unenforceable, both NightVision Network, Inc. and the Buyer agree that the court of competent jurisdiction should substitute a valid and enforceable provision that, to the maximum extent possible in accordance with all applicable law, preserves the legal and economic positions of each Party as originally intended.
The Buyer shall not assign or otherwise transfer, whether by contract, operation of law or otherwise, the Order or any of the rights or duties set forth herein without the prior written consent of NightVision Network, Inc. which consent may be withheld by NightVision Network, Inc. in its sole discretion.
Any provisions of an Order that by their nature are intended to survive any expiration or termination will survive expiration or termination of the Order for any reason.