Terms of Sale

TAK SERVICES TERMS OF SALE

PLEASE READ THESE TAK SERVICES TERMS OF SALE (THESE “TERMS”), WHICH, TOGETHER WITH THE TERMS OF USE, ANY ORDER, THE TAK SERVER SUBSCRIPTION SERVICES DESCRIPTION, AND THE PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”), GOVERN SUBSCRIBER’S PURCHASE OF THE SERVICES. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN SUBSCRIBER AND RAYTHEON BBN TECHNOLOGIES CORPORATION (“BBN”) THAT AFFECTS SUBSCRIBER’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. Capitalized terms used but not defined herein shall have the meaning set forth in the Terms of Use.

BY USING THE SERVICES AND THIS SITE, SUBSCRIBER AGREES TO BE BOUND BY THIS AGREEMENT (WHETHER OR NOT SUBSCRIBER CONFIRMS ITS AGREEMENT, SUCH AS BY CLICKING “I AGREE”).  IF SUBSCRIBER DOES NOT AGREE TO THIS AGREEMENT, SUBSCRIBER IS NOT PERMITTED TO USE ANY OF THE SERVICES.

Last modified: November 19, 2021

  1. General. These Terms govern Subscriber’s ordering and purchase of Services from the website operated by BBN, including Shopify (the “Site”).  BBN’s online store is hosted by Shopify Inc. (“Shopify”). Shopify provides the online e-commerce platform that allows BBN to offer Services to subscribers through an electronic portal. Subscriber’s use of the Shopify platform is subject to the additional terms applicable to Shopify. BBN is not responsible for any acts or omissions of Shopify or any of its service providers or any other transactions made in connection with or by such third parties. Complaints, claims, concerns, or questions regarding third-party sites or services should be directed to the applicable third party.

  2. Ordering. Subscriber agrees that an Order is an offer to buy the Services identified in the Order.  All Orders must be accepted by BBN in order to become a binding obligation to provide Services, and BBN may choose not to accept any Orders in its sole discretion.  After accepting an Order, BBN will send Subscriber a confirmation email at the email address listed on the Order with an Order number and the details of the Services requested.  Acceptance of an Order will not take place unless and until Subscriber has received this confirmation email.

  3. Pricing and Payment.
    1. Fees.  Subscriber shall pay BBN all fees and other amounts set forth on an Order (collectively, the “Fees”). Except as otherwise expressly specified in an Order, all payments shall be paid in U.S. Dollars, all payment obligations are noncancelable, and all amounts paid are non-refundable.
    2. Payment.  All Fees shall be paid in accordance with the terms set forth in the Order. Unless otherwise specified in the Order, (i) when the Order is placed, Fees must be paid by credit card at the point of sale; (ii) all BBN subscriptions automatically renew at the expiration of the current Subscription Term; (iii) upon the expiration of each Subscription Term, the fees for any subsequent renewal subscription term will be BBN’s then-current commercial list price for such Service.  Subscriber will not be notified of an upcoming automatic renewal. Failure to make timely payments is a material breach of the Agreement and BBN will be entitled to suspend any or all of its performance obligations and to modify the payment terms hereunder.
    3. Reimbursable Expenses. Subscriber will reimburse BBN for any expenses incurred, including interest and reasonable attorney fees, in collecting amounts due to BBN hereunder that are not under good faith dispute by Subscriber.  If applicable, BBN’s reasonable travel and lodging expenses incurred in the performance of Services on location at Subscriber’s premises will be billed separately at actual cost.
    4. Taxes.   Subscriber will be responsible for paying all taxes, duties, tariffs and other governmental charges on the Services (including, to the extent applicable, VAT) (collectively, “Taxes”), other than taxes on BBN’s gross income or net receipts which shall be the responsibility of BBN, except to the extent a valid tax exemption certificate or other written documentation acceptable to BBN to evidence Subscriber’s tax exemption status is provided by Subscriber to BBN prior to the delivery of the Services.
    5. Payment Method. The Site currently accepts credit cards issued by Visa, MasterCard, Discover, and American Express. Subscriber’s credit card will be charged when the Order is placed. If the credit card issuer does not authorize payment for any reason, BBN is not liable for any delay or non-delivery of the Services. Subscriber represents and warrants that it has the legal right to use any payment method Subscriber provides in connection with its Order.  By submitting Subscriber’s payment information, Subscriber authorizes BBN, and any third party collecting this information on BBN’s behalf, to provide Subscriber’s information to third parties to facilitate Subscriber’s requested transaction. Subscriber agrees to provide current, complete and accurate purchase and account information for all purchases made at BBN’s online store. Subscriber agrees to promptly update its account and other information, including its email address and credit card numbers and expiration dates, so that BBN can complete the transactions and contact Subscriber as needed.  In the event that BBN is unable to commence Services for a Subscriber within three (3) business days of placement of an Order for such Services, BBN will either cancel such Order and refund in full the payment made within a commercially reasonable time or provide such Subscriber a pro-rated refund of the Fees charged for the applicable Subscription Term based on the number of days beyond three (3) business days that the Services are delayed.

     

  4. Changes and Cancellations
    1. Cancellations of New Orders. BBN cannot guarantee requests for cancellations for a new Order once Subscriber has submitted the Order on the Site. Please contact tak@raytheon.com for assistance in connection with cancellations to an Order.

    2. Changes to Subscription Tiers. If Subscriber wishes to change the Subscription Tier of the Services, Subscriber may submit a request to tak@raytheon.com for assistance. If BBN approves a change to Subscriber’s Subscription Tier, Subscriber will receive a pro-rated credit toward the new subscription.

    3. Cancellations of Current Subscription Terms. In the event (a) Subscriber terminates an Order for convenience prior to the expiration of the current Subscription Term in accordance with Section 6.2 of the Terms of Use or (b) BBN terminates an Order for cause prior to the expiration of the current Subscription Term in accordance with Section 6.3 of the Terms of Use, all Fees shall become immediately due and payable. In the event BBN terminates an Order for convenience prior to the expiration of the current Subscription Term in accordance with Section 6.2 of the Terms of Use, BBN shall issue a pro-rata refund for any Fees paid for Services not provided.

    4. Cancellations of Renewing Subscription Terms.If Subscriber wishes to cease auto-renewal of a subscription, Subscriber may submit a request to tak@raytheon.com at any time prior to the commencement of the renewal term. Upon confirmation of receipt of such request, BBN will cease auto-renewal of Subscriber’s current subscription, but Fees for the current Subscription Term will be non-refundable except where required by law. When Subscriber cancels a subscription, Subscriber cancels only future charges associated with such subscription. Subscriber may notify BBN of its intent to cancel at any time, but the cancellation will become effective at the end of Subscriber’s current Subscription Term. Cancellations are effective as of the commencement of the following Subscription Term. Subscriber will not receive a refund for the current Subscription Term. Subscriber will continue to have the same access and benefits of the Services for the remainder of the Subscription Term.

  5. Reserved Rights. BBN reserves the right to refuse any Order Subscriber placed with BBN. BBN reserves the right to limit the sales of the Services to any entity, geographic region or jurisdiction.

Questions or comments regarding these Terms of Sale should be sent to tak@raytheon.com.