Copyright 
    All content appearing on this Web site is the property of Onyx Communications®, P.O. Box 874163, Wasilla, AK, 99687, Copyright© 2005 - 2008 All rights reserved. 
     As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright 2005 - 2008 Onyx Communications®. All rights reserved.

 Use of Site
     This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Any and all information on this site, including terms and conditions, product pricing, postage, shipping and availability, may be changed or updated without notice.
    Onyx Communications® and its service providers under agreement reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Onyx Communications® believes that customer conduct violates applicable law or is harmful to the interests of Onyx Communications® and its subsidiaries.

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 Privacy Policy 
    Onyx Communications® use of personal information that you may submit through this Web site is governed by Onyx Communications® Privacy Policy as follows: 
    Onyx Communications® will not share, sell, or otherwise distribute customer contact and shipping information. Customer contact and shipping information will be used internally to facilitate transactions to satisfactory completion; or in specific cases to satisfactorily resolve and verify issues of payment, non-payment, or returns of defective merchandise.

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 Consumer Agreement 
    You agree that you are the legal entity to enter into your transaction and/or communication with Onyx Communications® and with any of it's service providers. You agree to maintain accurate information in all aspects of your payment process, as required, to initiate and complete merchandise payment, and receipt of merchandise. 
    You agree that Onyx Communications® may use and rely on your contact and shipping information as provided by you for all purposes to fulfill your merchandise purchase. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or Onyx Communications® has reasonable ground to suspect that your information is inaccurate, false, or incomplete, Onyx Communications® has the right to terminate it's transaction with you.
    You agree you are entirely responsible for maintaining the confidentiality of any and all your transactions or communication, check information or money order that arises from your payment or purchase transaction. You agree Onyx Communications® nor any of it's service providers will not be liable for any loss that You may incur as a result of someone else using your name, bank checks either with or without your knowledge. You further agree You could be held liable for losses.

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 Liability 
    YOU AGREE THAT IN NO EVENT SHALL Onyx Communications® BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS TERMS AND CONDITIONS OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE ACCOUNT, YOUR LOSS OF DATA OR FILES, OR OTHERWISE, EVEN IF Onyx Communications® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Onyx Communications® SHALL NOT BE LIABLE FOR INCOMPLETE TRANSACTIONS OR DEFECTS DUE TO THE INAVAILABILITY OR DEFECTIVENESS OF THIRD PARTY PRODUCTS OR SERVICES.

 Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Onyx Communications® liability is limited to the full extent permitted by law. You agree that in no event shall Onyx Communications® maximum aggregate liability exceed the total amount paid by You for the particular product in dispute purchased from Onyx Communications®.

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 Indemnity
    You agree to release, defend, indemnify and hold harmless Onyx Communications® and its contractors, agents, employees, offices, directors, and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney's fees and costs, resulting from or related to (i) Your breach of the Term and Conditions, (ii) any negligence or willful misconduct by You; (iii) Your use of the contact page electronic mail option, and any of Onyx Communications® contact information. 
    You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that Onyx Communications® shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Onyx Communications® of any such claim promptly in writing and to allow Onyx Communications® to control the proceedings. You agree to cooperate fully with Onyx Communications® during such proceedings. You agree You will not be entitled to a refund of any fees paid to Onyx Communications® if, for any reason, Onyx Communications® takes corrective action with respect to Your improper or illegal use of its online store services.

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 Shipping & Delivery
    As of January 2007, shipping is via United States Postal Service (USPS). Customer options are Parcel Post, First Class Mail, or Priority Mail. Booksellers and Retailers who purchase in bulk may be shipped merchandise via United Parcel Service (UPS). 
   All products will be shipped within 48 hours of verification or receipt of payment. If customer changes shipping address after the 48-hour verification period, the customer assumes the risk of loss or title for merchandise ordered on this Web site. Customer agrees to supply accurate shipping information in their initial purchase transaction.
    At this time, Onyx Communications® Online Store ships merchandise to locations within the United States and Overseas. For customers outside the United States, please visit onyx communications.com, click 'Contact Us' or e-mail: info@onyx communications to as about shipping rates. Remember to provide specific country and/or regional postal information.

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 Sales Tax
    Starting August 20th , 2005 Onyx Communications® charges sales tax (2.5%) explicitly for merchandise ordered on by customers residing in Wasilla, Alaska, United States. 
    Onyx Communications® has not established nexus in any other state; therefore will not charge sales tax for merchandise ordered on this Web site until nexus has been determined. Once nexus has been determined, Onyx Communications® will accordingly charge sales tax based on the applicable state sales tax rate and the location to which the order is being shipped.

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 Warranties 
    The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site.           
    Onyx Communications® makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, or may not meet your needs and requirements. 
    The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Onyx Communications®. 
    The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Onyx Communications® is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information, and not Onyx Communications®.
     The inclusion of material on this server does not imply any endorsement by Onyx Communications®, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Onyx Communications® makes no guarantees about the server materials correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

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 Return Policy
     All sales are final. No monetary refunds will be considered after a final transaction has been completed. All products are non-returnable, excepting bulk orders placed by booksellers or retail merchants. 
    Onyx Communications® relies on a thorough quality assurance process ensuring our products to be technically flawless, sealed, and shipped in the highest quality materials to minimize damages that could be sustained in transport.

     However, Onyx Communications® will replace customer receipt of defective merchandise based on the following qualifications:

• Customer must notify Onyx Communications® via E-mail (info@onyx communications.com) within 7 days of postmarked ship date. (Example: If postmark ship date is the first day of the month, notification must be received by the seventh day of the same month). Notifications received beyond this period will not be considered.
• Product(s) must be physically defective to the point of unreadability if a book product; or if compact disc, the jewel case must be cracked or damaged to the point where

  the enclosed compact disc is also damaged.
• On a case by case basis, Onyx Communications® reserves the right to ask for proof of damage via digital image/picture or fax; and/or customer return of defective product; at customer expense. Please note:
• Onyx Communications® will not accept 'collect or cash on delivery' returns of defective or damaged products.
  

After above conditions have been met, Onyx Communications® will mail customer replacement product(s) via USPS Priority Mail with tracking and Return Receipt to the same address of record at the online store database.

 Onyx Communications® reserves the right to change its Return Policy at any time without prior notice.