Terms & Conditions

By visiting or using this Website in any way or by purchasing products or services from this Website, you are entering into an agreement with REALTEK LLC and its affiliates to be bound by the then-current version of these Terms and Conditions, which includes the Website Terms and Conditions, the Terms and Conditions of Sale, the General Terms and Conditions and the Privacy Policy. By accessing this Website you acknowledge acceptance of these Terms and Conditions and you agree to be bound by all applicable laws. REALTEK LLC has the right, in its sole discretion, to revise these Terms and Conditions at any time.

WEBSITE TERMS AND CONDITIONS

1. General Use Restrictions

Except as expressly stated herein, no part of this Website, including without limitation all of the data, information, text, images, logos, graphics, sounds, icons, and other content contained on this Website (including software and transmissions to this Website), and the copyrights and other intellectual property rights therein (collectively, the “Information”) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of REALTEK LLC. You also may not, without REALTEK LLC’s prior express written permission, “mirror” any part of this Website or any Information contained on this Website on any other server. Nothing on this Website shall be construed as conferring any license of any of REALTEK LLC’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

You may review, download, and/or print the content of this Website, provided that: (a) you may not make more than one copy of such content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the content of this Website on your own or any other web site; (b) you maintain any and all copyright notices and other notices or statements of proprietary rights appearing with such Information; (c) the use of such Information is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media; and (d) you do not make any other use of the Information except as provided in these Terms and Conditions. Any copying, modification, distribution or transmission, display, or use outside the scope permitted by these Terms and Conditions infringes REALTEK LLC’s copyrights, copyrights licensed to REALTEK LLC, and/or other intellectual property rights owned by or licensed to REALTEK LLC. If you download software from this Website, REALTEK LLC owns such copy and you are licensed to use it for its intended purpose but may not sell copies of it, modify it, display it, redistribute or transmit it, or use it in any other way. REALTEK LLC has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you access from this website.

The trademarks or service marks contained in this Website are the property of REALTEK LLC or third parties. You may not use any of these trademarks or service marks in any way. For example, you may not use any such marks as links to this Website from other web sites, or as machine-readable search terms. Products, methods, and processes described on this Website may be covered by United States or foreign patents and/or other intellectual property rights.

1.1 Your Use of Service

RealTek LLC does not claim ownership of Content you submit or that you make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to RealTek LLC and all users of the Service a worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sub-license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Additionally, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you represent and warrant that: (a) you have the right to grant such license and make such Content available to RealTek LLC and its licensees, including users of the Service; (b) none of the Content you provide contains any data or information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party; and (c) neither the delivery to nor use by RealTek LLC or its licensees, including users of the Service, of such content shall violate or infringe the rights of any third party.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not RealTek LLC, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available or use via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Service to; upload, post, email, transmit or otherwise make available any content that:

violates applicable law, including securities laws
contains any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented) or any similar federal or state laws, rules or regulations
contains any payment card information
infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party or use, modify or combine the Content in any manner, with any other material, in any fashion that infringes the Rights of any person
you do not solely have the right to make available under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
otherwise may create liability or damages to RealTek LLC
impersonate any person or entity, including, but not limited to, a RealTek LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form or solicitation, except in those areas of the Service that are specially and specifically designated for solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
“Stalk” or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above.

You acknowledge that RealTek LLC may or may not pre-screen Content, but that RealTek LLC shall have the right (but not the obligation) to remove Content from the Service that RealTek LLC determines, in its discretion, may create liability or damages to RealTek LLC, in accordance with the RealTek LLC Public Data Policy. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that (a) RealTek LLC is not a Business Associate, as such term is defined in HIPAA, and that the Service is not HIPAA compliant, and (b) neither RealTek LLC nor the Service is compliant with the Payment Card Industry Data Security Standards. In this regard, you acknowledge that the Content is made available to you without any warranties by RealTek LLC of any kind, and that you may not rely on any Content made available through the Service.

You acknowledge, consent and agree that RealTek LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d)

respond to your requests for customer service; or (e) protect the rights, property or personal safety of RealTek LLC, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service, RealTek LLC Software and any other software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by RealTek LLC and/or content providers who provide such materials to the Service. You may not attempt to override or circumvent any digital rights management technology or usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

The Service may provide, or third parties may provide, links to other web sites or resources. RealTek LLC has no control over such sites and resources, you acknowledge and agree that RealTek LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that RealTek LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

You acknowledge that RealTek LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum size of any or all Content files, the maximum disk space that will be allotted on RealTek LLC’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and/or any other condition of the Service. You agree that RealTek LLC has no responsibility or liability for the deletion or failure to store any Content, messages and other communications or other materials or Content maintained or transmitted by the Service.

2. Third Party Content

Information provided to this Website by third parties has not been independently authenticated in whole or in part by REALTEK LLC. REALTEK LLC does not provide, sell, license, or lease any products or services other than products and services specifically identified as being provided by REALTEK LLC. REALTEK LLC is committed to respecting the intellectual property rights of others, and we ask users of this Website to do the same. REALTEK LLC may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate the intellectual property rights of REALTEK LLC or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us immediately.

CCDA, CCDP, CCIE, CCIP, CCNA, CCNP, Cisco, Cisco IOS, Cisco Systems, the Cisco Systems logo, and Networking Academy are registered trademarks or trademarks of Cisco Systems, Inc. and/or its affiliates in the United States and certain other countries. All other trademarks mentioned on this Website are the property of their respective owners.

3. Links to Third Party Web Sites

Links to other web sites from this Website have been provided for your convenience only.

REALTEK LLC does not endorse, sponsor, or approve any of the content of such web sites.

REALTEK LLC has no control over any of the web sites that you may access through this

Website, and is not responsible for the content or accuracy of the content of any such web sites.

If you access any other web site through this Website, you do so at your own risk.

4. Changes to Website

REALTEK LLC reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on this Website, or the availability thereof. REALTEK LLC may make improvements and/or changes in the products, services, programs, and prices described on this Website at any time without notice. This Website could include inaccuracies or typographical errors. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, REALTEK LLC shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. REALTEK LLC 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, REALTEK LLC shall immediately issue a credit to your credit card account in the amount of the incorrect price.

5. Software Use Restrictions

Any software that is made available to download from the Website (the “Software”) is the copyrighted work of REALTEK LLC and/or the manufacturers, authors, developers or vendors of such Software (the “Third Party Providers”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (each, a “License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of such License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. Installation assistance, product support and maintenance, if any, of the Software is available from REALTEK LLC and/or the Third Party Providers, as the case may be. SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF ITS LICENSE AGREEMENT. EXCEPT AS SET FORTH IN SUCH LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

6. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, REALTEK LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ANY OF THE CONTENT OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE AND INFORMATION INCLUDED ON THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED. EXCEPT AS EXPRESSLY STATED HEREIN, REALTEK LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ALL OF THE INFORMATION ON THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE CONTENT ON THIS WEBSITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL REALTEK LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF REALTEK LLC HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

7. Submissions

If you transmit any information of any kind (including software) to this Website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that REALTEK LLC may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to REALTEK LLC and without acknowledgment of authorship or source. REALTEK LLC shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold REALTEK LLC harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.

REALTEK LLC may review transmissions to this Website from time-to-time, but is under no obligation to do so. REALTEK LLC disclaims all responsibility for the content of such transmissions and all liability arising from such content. You may not transmit any inflammatory, libelous, defamatory, obscene, unlawful, threatening, or otherwise objectionable information to this Website. REALTEK LLC may remove any transmissions to this Website at any time. REALTEK LLC shall not be liable for any compensation, claims, or damages resulting from any transmissions to this Website and you agree to defend and hold REALTEK LLC harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.

TERMS AND CONDITIONS OF SALE

1. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify REALTEK LLC’s acceptance of your order, nor does it constitute confirmation of our offer to sell. REALTEK LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. REALTEK LLC also reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. REALTEK LLC may require additional verifications or information before accepting any order. REALTEK LLC is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered on this Website.

2. Other Costs and Expenses

If applicable, state sales tax will be added to your invoice. Title and risk of loss shall pass to you once the products you purchase from this Website leave the applicable REALTEK LLC shipping dock. You shall be responsible for all shipping, handling, rigging and other logistics expenses.

You agree to defend, indemnify and hold REALTEK LLC harmless from and against any and all loss, liability, damage, expense, claim, demand or suit (including attorneys’ fees and court costs) of every kind and nature whatsoever (including but not limited to claims resulting from injuries or death to persons or damage to property) in any way arising out of or resulting from your maintenance, possession, operation, use, storage or movement of the products you purchase from this Website or any accident occurring in connection therewith.

3. Return Policy

Customer satisfaction is REALTEK LLC’s number one priority and, therefore, we wish to ensure that your order is received intact and exactly as you ordered it. We recognize, however, that for a number of reasons, shipments are occasionally not received in this manner. Therefore, our policy for returns is set forth as follows:

Material delivered via carrier from REALTEK LLC should under no circumstances be accepted from the carrier without the proper notification on the carrier documentation of any damage

discovered upon receipt. Following receipt of damaged material, REALTEK LLC Customer Service should be notified within 5 business days of damage discovery. Failure to note damage within this timeframe will result in the assumption that REALTEK LLC has fulfilled its obligation to deliver such products in acceptable condition.

All claims or discrepancies in shipments must be made within 5 business days of -customer’s receipt of merchandise. Please notify Customer Service at 1-800-767-5798 to make arrangements to correct your order.

No material should be returned without prior advance authorization from REALTEK LLC’s Customer Service representatives. All return requests should be made within 5 business days of receipt of merchandise. REALTEK LLC will automatically grant a Return Material Authorization (RMA) for any non-conforming shipment (product which is either damaged or does not otherwise conform to the specific ordering instructions provided with your order). Return authorization, for all other returns not fitting into the non-conforming category or returned after the initial 5-day period, shall be at REALTEK LLC’s sole discretion. All approved returns are subject to a re-stocking fee of 15% of the product’s original selling price.

Once contacted, the Customer Service representative will provide you with an RMA number and inform you of where to send your merchandise. Please write the RMA number on your packing skip and include the original packing slip with your return. C.O.D. returns will not be accepted. The RMA number will be honored for only one (1) order and must match the product authorized for return. The RMA number will be valid for thirty (30), twenty (20) or fifteen (15) days from the date the RMA was issued by REALTEK LLC, depending on the RMA policy of the OEM or Distributor from which the specific item was ordered. Merchandise should be returned in its original packaging along with any certifications, instructions, etc. You are responsible for all shipping costs of product that has not been determined to be non-conforming (according to the definition above).

Software returns will be accepted for refund only if the product is unopened. Non-defective software that has been opened will not be accepted by REALTEK LLC for return. Defective software may be returned for exchange with the same product only. All refunds for non-defective items exclude shipping and handling charges. Please allow 2-4 weeks for refunds to be processed and credited to your account. If you are seeking a replacement of any software, please follow the RMA procedures set forth above. All items returned must be in “as-new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packaging slip must be included and the RMA number visible on the package. Failure to follow these instructions could result in a delay or partial forfeiture of your refund. If part of a product becomes defective, the full product must be returned for credit or replacement.

4. Disclaimer of Warranties

All products sold on this Website are guaranteed against defects for thirty (30) days from the date of invoice. EXCEPT AS EXPRESSLY STATED HEREIN, REALTEK LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THIS WEBSITE.

EXCEPT AS EXPRESSLY STATED HEREIN, REALTEK LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO REALTEK LLC ARISING FROM ANY PRODUCT OR SERVICE SOLD ON THIS WEBSITE SHALL BE THE PRICE OF THE PRODUCT OR SERVICE SOLD. IN NO EVENT SHALL REALTEK LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT OR SERVICES SOLD. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

5. Manufacturer’s Warranty

All returns and replacements occurring after thirty (30) days from the invoice date must be made directly with the manufacturer. Manufacturer’s warranties vary on each product. Extended warranties are available directly from select manufacturers. Manufacturer information is subject to change without notice. As described in Section 4 above, REALTEK LLC makes no representations or warranties with respect to any products or services offered on this Website.

6. Service and Support

All requests for technical service and support should be made directly to the manufacturer in accordance with its terms and conditions. Professional services are generally provided under specific terms and conditions. Please check with your sales representative to assist in pricing and configuration prior to placing an order that includes services.

7. Next Day and Second Day Deliveries

Unless a different order cutoff service level was agreed to in a separate agreement, to ensure next day and second day deliveries, orders must be placed by 2:00 pm Eastern Time. If an order is not received prior to 2:00 pm Eastern Time, REALTEK LLC will not be accountable for meeting next day or second day delivery schedules.

8. Submissions

methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to REALTEK LLC and without acknowledgment of authorship or source. REALTEK LLC shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold REALTEK LLC harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.

GENERAL TERMS AND CONDITIONS

Jurisdiction and Governing Law

REALTEK LLC controls and operates this Website from Charlotte, NC, USA, and makes no representation or warranty that the content of this Website is appropriate, lawful, or available for use in other geographic locations. If you use this Website from other locations, you are responsible for compliance with all applicable local laws. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Website shall be an appropriate federal or state court located in Charlotte, NC. If any portion of these Terms and Conditions is unlawful, invalid, or unenforceable, then such portion of these Terms and Conditions shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of these Terms and Conditions. Software made available on this Website may be subject to United States export control laws, which state that certain software cannot be downloaded from this Website to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software made available on this Website, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list.

Privacy Policy

When you place an order with REALTEK LLC, we ask for your name, your billing address, the address for shipment of the order, your credit card number and expiration date and your email address. We consider this information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, and for statistical purposes to improve our site and services to you.