Blanket Product Warranty, Return Policy, Support Policy, and Terms and Conditions for Sale
Revision: 3.D Revised: Aug 1, 2014

Table of Contents

Technical Support Policy
Blanket Product Warranty
Standard Wrranty Start Date
Standard Hardware Warranty
Standard Software Warranty
Restrictions
Disclaimer
Limitation of Liability
International Shipment Policy
Payment
Return Policy
Warranty Service (Damaged units are not covered)
Repair
Even Exchange
Advance Replacement Service
(DOA)--within 30 days of purchase
Credit Memo (Return for Credit) -- within 30 days of purchase
TERMS AND CONDITIONS OF SALE

Technical Support Policy

Complimentary Tech Support

Free limited technical support service (Basic set up, installation, and connectivity) is available for 30 days after the purchase of HauteSpot Networks Labeled products ( HauteWRAP, HauteMESH, HauteMOBiLE, HauteSHOT, HauteLINK, or other products prefixed with "Haute-")is subject to support staff availability and will be responded to on a "first come, first serve" basis with no commitment for response time. If you obtained your product from a reseller, please contact your reseller for support .You may also find support through our member only online tutorials.

 

Premier Support

Premier Support cases should be opened through the Premier Support section on our website. All responses will be visible through the online incident management system with email notifications. Each Premier Support case covers a single incident or problem, as determined by our technical support staff.
The Extended Support Program details are:

  • Length of terms: Support program are valid for one year from the date of purchase
  • Hours of Operation: Monday - Friday 8AM PST to 5PM PST
  • Email: We will try our very best to respond to your Premier Support incident same day if possible, no more than 48 business hours, holidays are not included
  • Purchasing and Refunds: You purchase incident credits for Premier Support. Each credit can be used to create a new incident. No refunds will be given for Premier Support incident credits purchased. If we are unable to provide help for a particular incident, or if you find a legitimate bug or error in our code, the incident will be invalidated and your incident credit will be incremented to its previous value.
  • Areas of Support: Premier Support is limited to configuration, set up and testing, remote configuration assistance, support over telephone. Each support incident is limited to a maximum of 4 hours of HauteSpot tech support time. We will notify you if we approach this threshold and we can arrange to use another incident to extend the time if you have more incidents available.
  • Incident Scope: The scope of incidents must not 'creep' into other issues and areas. A new incident must be created for each specific issue.
  • Custom Development & Programming: Custom development is not available via HauteSpot Premier Support
  • Invalid Incidents: Support incidents that are deemed invalid, i.e. they fall outside the areas of support described above, will be marked as invalid and your support incident count will be reverted to the previous value.
  • Auto-Closing Incidents: After a incident has been resolved, the incident will auto-close after 30 days.
  • Reopening an Incident: You may reopen a closed incident within 30 days. After 30 days you will need to create a new incident

 

Blanket Product Warranty

Standard Warranty Start Date

"Start Date" means the date of shipment of product from HauteSpot Networks Corporation

Standard Hardware Limited Warranty

HauteSpot Networks Corporation ("HauteSpot Networks") warrants that for a period of one (1) year from the Start Date the HauteSpot Networks' hardware ("Hardware") purchased by Customer will be free from defects in materials and workmanship under normal authorized use consistent with the product instructions. This product warranty extends only to the original purchaser. If, within the specified warranty period, this product, or any part or portion thereof, shall prove upon examination by HauteSpot Networks, to be defective in material or workmanship, HauteSpot Networks will repair or replace such part or portion at HauteSpot Networks’ option. The warranty period on the repaired or replaced part or portion of this product shall be limited to the unexpired term of the original warranty. The buyer shall be responsible for all shipping and transportation of the product to HauteSpot Networks for any performance under this warranty.

Appropriate Use—Selection of product, its installation, and use are the sole responsibility of the customer. HauteSpot Networks provides no skill or judgment related to the application of the products it sells.

Manufacturer—labeled warranty—HauteSpot Networks sells the products of reputable manufacturers under their respective brand or trade names. HauteSpot Networks makes no express or implied warranty as to such goods. Customer remedies for defects of goods are subject to any limitations contained in their manufacturer's terms and conditions to HauteSpot Networks and the provisions of the manufacturer's warranty, either or both of which will be furnished upon request. HauteSpot Networks is not responsible for any warranty-related issues.

HauteSpot Networks Corporation labeled warranty—HauteSpot Networks warrants the product sold under its name to be free of defects in materials and workmanship for a period of one year from the date of invoice. The warranty period on the repaired or replaced part or portion of this product shall be limited to the unexpired term of the original warranty. The buyer shall be responsible for all shipping and transportation of the product to HauteSpot Networks for any performance under this warranty. 

Conditions and Exceptions
a) Any accident to this product, any misuse or abuse, alternation, use in modified form, or any attempt to repair this product shall void this warranty. These conditions to the warranty include, but are not limited to, incorrect power connections, physical damage due to mechanical shock, exposure to moisture, and circuit modification.
b) SHOULD THIS PRODUCT PROVE DEFECTIVE FOLLOWING PURCHASE, THE BUYER, NOT THE MANUFACTURER, DISTRIBUTOR, OR RETAILER, ASSUMES THE ENTIRE COST OF ALL SERVICING OR REPAIR, EXCEPT AS OTHERWISE PROVIDED BY THE TERMS OF THIS WARRANTY.
c) FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTY ON THIS PRODUCT, THE BUYER IS LIMITED TO THE FOLLOWING DAMAGES. (1) THE COST OF LABOR TO REPAIR OR REPLACE DEFECTIVE PARTS OR PORTIONS OF THIS PRODUCT, AND (2) THE COST OF THE REPAIRED OR REPLACE PARTS OR PORTIONS OF THIS PRODUCT.
d) NO OTHER EXPRESSED OR IMPLIED WARRANTIES HAVE BEEN MADE OR WILL BE MADE ON BEHALF OF HAUTESPOT NETWORKS WITH RESPECT TO THE SALE, REPAIR, INSTALLATION, OPERATION, OR REPLACEMENT OF THIS PRODUCT. HAUTESPOT NETWORKS DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OF THIS PRODUCT OR ITS FITNESS FOR ANY PURPOSE, AND THE BUYER AGREES THAT THIS PRODUCT IS SOLD “AS IS” AND THAT THE ENTIRE RISK OF QUALITY AND PERFORMANCE OF THIS PRODUCT IS WITH THE BUYER, EXCEPT AS OTHERWISE PROVIDED BY THE TERMS OF THIS WARRANTY.
e) Some states/jurisdictions do not allow exclusions or limitations of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above exclusions or limitations may not apply to you.
f) If you do not wish to be bound by any of the provisions in this warranty, please return the product(s) immediately.

 

Standard Software Warranty

HauteSpot Networks Corporation warrants that for a period of one year from the Start Date, the software embedded in the Hardware ("Software") purchased by Customer will be free from material defects under normal authorized use consistent with instructions provided with each shipped product. This product warranty extends only to the original purchaser. For the same one year period, HauteSpot Networks Corporation may provide customers with maintenance releases and feature releases for the Software on HauteSpot Web site. Customer's sole and exclusive remedy and the entire liability of HauteSpot Networks Corporation, its suppliers and affiliates under this warranty is, at HauteSpot Networks Corporation option, either (i) to replace the Software; or (ii) to correct the reported defect through software updates and software upgrades made generally available at www.hautespot.net. HauteSpot Networks Corporation makes no other warranty with respect to the Software, and specifically disclaims any warranty that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. Customer's sole and exclusive remedy and the entire liability of HauteSpot Networks Corporation, its suppliers and affiliates under this warranty is replacement of the media on which the Software is furnished.

 

Restrictions

No warranty will apply if the Hardware and/or Software (collectively, "Product") (i) has been altered, except by HauteSpot Networks Corporation; (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by HauteSpot Networks Corporation in the enclosed documentation; or (iii) has been subjected to abnormal physical, thermal or electrical stress, misuse, negligence, or accident. In addition, Products are not designed or intended for use in (i) the design, construction, operation or maintenance of any nuclear facility, (ii) navigating or operating aircraft; or (iii) operating life-support or life-critical medical equipment, and HauteSpot Networks Corporation disclaims any express or implied warranty of fitness for such uses. HauteSpot Networks Corporation shall not be responsible for Customer's or any third party's software, firmware, information, or memory data contained in, sorted on, or integrated with any Product returned to HauteSpot Networks Corporation, whether under warranty or not. Customer is responsible for backing up its programs and data to protect against loss or corruption. HauteSpot Networks Corporation' warranty obligations do not include installation support.

Disclaimer

Except as expressly set forth above, HauteSpot Networks Corporation makes no representation or warranty of any kind, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement or from a course of dealing, usage, or trade practice. Further, HauteSpot Networks Corporation does not warrant that the software is error free or that buyer will be able to operate the software without problems or interruption.

Limitation of Liability

In no event will HauteSpot Networks Corporation or its affiliates or suppliers be liable for any loss of use, interruption of business, lost profits, or lost data, or indirect, special, incidental, or consequential damages, of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, event if HauteSpot Networks Corporation or its affiliate or supplier has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose. The total cumulative liability to customer, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product paid by customer.

International Shipment Policy

HauteSpot Networks Corporation can sell and ship products to customers outside the United States. International customers are responsible for any duties or taxes related to the order. Please contact your sales representative for further details related to payment and shipping.

Excluded Countries: HauteSpot Networks Corporation currently supports transaction from all over the world. However, there is a small list of countries that we do not support. These include Balkans, Burma (Myanmar), Cuba, Indonesia, Iran, Iraq, Liberia, Libya, Nigeria, North Korea, Romania, and Syria.

Payment

HauteSpot Networks Corporation accepts Visa, MasterCard, American Express, Discover Card, and Papal. Your credit card will not be billed until your order ships. Purchase orders are accepted from U.S. companies (no individuals) with per-approved credit. If you would like to apply for a credit account, please call us at (805) 541-9477x6008. Credit approval normally takes at least 5 business days. All sales are COD or prepaid unless credit is approved. A finance charge will be applied each month on past due accounts computed at the rate of 1.5% per month. If legal proceedings are instituted hereunder, the prevailing party shall be entitled to reasonable attorney's fees and court costs incurred therein.

All resellers in the state of California must have a valid Resale Certificate on file before products are shipped. Otherwise, sales tax will be applied. On sales outside the United States, all required duties, licenses, and fees shall be payable by the BUYER in addition to the stated prices. If you would like to pay by wire transfer please call us at (805) 541-9477x28 for more details.

Return Policy

  • 20% restocking fee for unopened, new and resales condition of HauteSpot products with prefix-"Haute-" or HauteSpot Kit only and returning within 30 days
  • 3rd party products are warranted by their manufacturer and all sales are final, such as custom or special order items, antennas, hard drives, solar etc.
  • All sales are considered final and compete after 45 days from date of invoice
  • Custom manufactured products are non-cancelable and non-returnable unless found defective within 30 days of purchase.
  • Items returned after 30 days but before 45 days from the date of invoice may be returned for credit and are subject to a 30% restocking fee.
  • Order over $500 are non-cancelable. 
  • Order under $500, cancellation fee may apply.

Standard Warranty Service (Damaged units are not covered):

We offer a 30-day warranty against DOA product. Any damage suspected due to shipping must be reported within (7) days of receipt. All returns will have to be verified by HauteSpot Networks' Technical Support and/or Customer Service before processing a RMA.

All products being returned under this RMA must be shipped PREPAID. If the repair is under warranty, HauteSpot Networks will return the product to the customer, within the 48 continental US, Ground Service at no charge. Expedited shipping methods, international shipping, and custom fees are charged to the customer.

For non-warranty items customer pays for all return shipping costs.

Repair:

Free of charge under standard warranty period (1 year). Customer needs to send product that is under warranty back for warranty repair. Warranty covers parts, labor and shipping. (Proof of Purchase is required)

Even Exchange:

Free of charge for DOA units (Reported within 7 days). HauteSpot Networks will replace DOA unit with a new unit of the same product. Old unit will be sent back to HauteSpot Networks first. Replacement unit will be shipped to customer usually within 72 hours upon received (Proof of Purchase is required. Only available within 30 days of purchase from HauteSpot Networks and reported within 7 days)

Advance Replacement Service (DOA):

Advance Replacement Service is only available for DOA products or products that are found to be defective and approved by our support staff within the first 30 days from date of purchase. Our replacement policy requires that we receive a suspected "DEFECTIVE" item for evaluation and testing at our office prior to sending out a replacement. In the event a customer requests Advance Replacement of a product suspected of being "DEFECTIVE" HauteSpot Networks, at its sole discretion and provided the item is in stock, may provide an Advance Replacement product. If such a request is granted:

  • an Advance Replacement Service fee of $50 and shipping cost will be applied.
  • HauteSpot Networks will also request to secure from the customer a deposit for the full retail value (MSRP) of the Advance Replacement and the deposit will take the form of a signed credit card charge authorization from the customer.
  • Credit cards will be charged if the defective product is NOT received within 15 days from the ship date of the advance replacement product by HauteSpot Networks.  

Suspected "DEFECTIVE" products returned under the Advance Replacement Service will be tested. If the results of testing find problems that are NOT covered by warranty, then the customer will be charged a repair fee of $75.00 per unit plus parts and shipping costs for the Advance Replacement unit shipped in exchange. If the product test finds NO TROUBLE FOUND ("NTF") and is determined to be functional according to specifications listed or otherwise advertised by HauteSpot Networks; then a 30% restocking fee will be applied, plus shipping costs for the Advance Replacement unit shipped in exchange.

HauteSpot Networks does not offer Advance Replacement Service for products after 30 days from date of shipment.


Be mindful and understand what products you are buying. We will be happy to answer any questions to the best of our knowledge prior to the sale. We respect your time, please respect ours.

 

Credit Memo:

(Return for Credit)—within 30 days of purchase CUSTOMER MUST NOTIFY HAUTESPOT NETWORKS WITHIN 30 DAYS AFTER RECEIVING THE ITEM OF ANY PROBLEM THAT MAY REQUIRE A RETURN AND REFUND. All UNOPENED HauteSpot label products such as HauteMESH, HauteWRAP, WRAPter, HauteLINK, HauteMOBiLE, microNVR maybe returned to HauteSpot as follows:

  1. Items returned within 30 days of the day of invoice may be returned for 20% restocking fee.
  2. Items returned after 30 days but before 45 days from the date of invoice may be returned for credit and are subject to a 30% restocking fee.
  3. Item may not be returned after 45 days. Not credit after 45 days.
  4. 3rd party products are warranted by their manufacturer and all sales are final.
  5. Opened/used products are not eligible for return as per the above but are subject to normal HauteSpot RMA policy.
  6. Proof of Purchase is required
  7. Custom made, custom orders or special orders are not refundable or returnable

All products being returned for credit must be in the original box with all accessories and in NEW, UNUSED condition with the factory seal intact. To ensure product remains in good condition, do not use the product box as the shipping box, repackage in another box with appropriate packing materials. Contents of the package not matching the information on the RMA form will be cause for return of all equipment.

Allow up to 3 weeks to receive your refund.

TERMS AND CONDITIONS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from HauteSpot Networks Corporation ("HauteSpot Networks") that will be provided to you ("Customer") on orders for computer systems, related products and/or services and support sold in the United States. By accepting delivery of the computer systems, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH HAUTESPOT NETWORKS CORPORATION, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER HAUTESPOT NETWORKS CORPORATION STANDARD TERMS APPY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in HauteSpot Networks Corporation's sole discretion.

  1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and HauteSpot Networks Corporation.

  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within HauteSpot Networks Corporation's sole discretion, and unless otherwise agreed to by HauteSpot Networks Corporation, payment must be received by HauteSpot Networks Corporation prior to HauteSpot Networks Corporation's acceptance of an order. Payment for the products, services, and support will be made by credit card, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by HauteSpot Networks Corporation. Invoices are due and payable within the time period noted as "Term" on the front of the invoice, measured from the date of the invoice. HauteSpot Networks Corporation may invoice parts of an order separately. Orders are not binding upon HauteSpot Networks Corporation until accepted by HauteSpot Networks Corporation. Any quotations given by HauteSpot Networks Corporation will be valid for the period of 30 days from the date of quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

  4. Sipping Charges; Taxes. Separate charges for shipping and handling will be shown on HauteSpot Networks Corporation's invoice(s). Unless Customer provides HauteSpot Networks Corporation with a valid and correct tax exemption certificate applicable to the product ship-to location prior to HauteSpot Networks Corporation's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for HauteSpot Networks Corporation's franchise taxes and taxes on HauteSpot Networks Corporation' net income. If applicable, a separate charge for taxes will be shown on HauteSpot Networks Corporation's invoice.

  5. Title; Risk of Loss. Title to products passes from HauteSpot Networks Corporation to Customer on shipment from HauteSpot Networks Corporation's facility. Loss or damage that occurs during shipping by a carrier selected by HauteSpot Networks Corporation is HauteSpot Networks Corporation's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

  6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO HAUTESPOT NETWORKS CORPORATION -BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS OR, IN THE ABSENCE OF PRODUCT SPECIFIC WARRANTY, THE BLANKET PRODUCT WARRANTY WILL APPLY, AND THERE ARE NO WARRANTIES FOR SERVICES. HAUTESPOT NETWORKS CORPORATION MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN HAUTESPOT NETWORKS CORPORATION APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND HAUTESPOT NETWORKS CORPORATION WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON HAUTESPOT NETWORKS CORPORATION RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. HAUTESPOT NETWORKS CORPORATION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HAUTESPOT NETWORKS CORPORATION RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN HAUTESPOT NETWORKS CORPORATION APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. HauteSpot Networks Corporation reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. HauteSpot Networks Corporation does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

  7. Return Policies. HauteSpot Networks Corporation systems and parts that are purchased directly from HauteSpot Networks Corporation by an end-user Customer may be returned by Customer in accordance with HauteSpot Networks Corporation's "Return Policy" in effect on the date of the invoice.

  8. Exchanges. From time to time, HauteSpot Networks Corporation may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with HauteSpot Networks Corporation's exchange policies in effect on the date of the exchange.

  9. Products. HauteSpot Networks Corporation's policy is one of on-going product update and revisions. HauteSpot Networks Corporation may revise and discontinue products at any time. HauteSpot Networks Corporation will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Spare parts may be new or reconditioned.

  10. NON-HauteSpot Networks Corporation Products. HauteSpot Networks Corporation sells the products of reputable manufacturers under their respective brand or trade names. These NON-HauteSpot Networks products carry different return and warranty policies than HauteSpot Networks Corporation products. NON-HauteSpot Networks Corporation products may NOT be returned to HauteSpot Networks Corporation. Any warranty and technical support provided on NON-HauteSpot Networks Corporation products is provided by the original manufacturer, not by HauteSpot Networks Corporation. The warranties and technical support may vary from product to product.

  11. Limitation of Liability. Hautespot Networks Corporation does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use or for lost or corrupted data or software, or the provision of services and support. HauteSpot Networks Corporation 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 damage, or for any claim by any third party except as expressly provided herein. This limitation of liability applies both to products and services and support customer purchases under this agreement.

    Customer agrees that for any liability related to the purchase of products or services bundled with the products, HauteSpot Networks Corporation is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of products under this agreement.


  12. Service and Support. HauteSpot Networks Corporation will provide general service and support, to Customer in the United States, in accordance with the then-current service and support policies and conditions in effect. For end-user Customers, HauteSpot Networks Corporation promises that its support people will attempt to handle over the email any problem involving HauteSpot Networks Corporation Products. However, HauteSpot Networks Corporation's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. If Customer purchased optional services and support, HauteSpot Networks Corporation will provide the optional service and support to Customer in the United States in accordance with the then-current terms and conditions. HauteSpot Networks Corporation may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. The services and support programs and their terms and conditions in pace at the time of purchase will apply to Customer's purchase. HauteSpot Networks Corporation has no obligation to provide service or support until HauteSpot Networks Corporation has received full payment for the Product or services and support that Customer purchased.

  13. Dispute Resolution. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise)
    against HauteSpot Networks Corporation, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "HauteSpot Networks Corporation") arising out of or relating to this Agreement, HauteSpot Networks Corporation's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. HauteSpot Networks Corporation will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take pace in California and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in California would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.

  14. Headings. 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 there from. (REV 12/09).
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