Contact Us

About Us

Convergence Promotions is the premier provider of partner programs and ecosystems in the Embedded industry.

For over three decades, Convergence Promotions has designed and managed premier partner programs and silicon and tools ecosystems for a dozen of the world's largest semiconductor companies. We make it easy for engineers and suppliers to find, compare and buy MCUs and Tools, and our demand creation programs increase sales for suppliers and distributors alike.

Partner Programs Convergence Promotions delivers partner programs that serve as a catalyst, bringing like-minded businesses together. These programs create synergy for sponsors and partners by providing an environment that fosters business relations, creates customer awareness to increase sales for both the sponsor and their partners and encourages technical discussion to improve products and services. 

OFFICES IN NORTHERN CALIFORNIA AND BOSTON, MASSACHUSETTS, AND SALES OFFICES THROUGHOUT THE WESTERN US.


President
Glenn ImObersteg California, USA
Phone: (925) 516-6227 Cell: (408) 803-1332
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Embedded Module and SBCs Products and Support:
Vaughn Orchard Massachusetts, USA
Phone: (508) 209-0294 Cell: (978) 621-1656
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RoboDrives and Energy Management Products and Support:
Michael ImObersteg, California, USA
Phone: (925) 640-7042 Fax: (925) 240-0001
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Business and Operations: (Incl. Shipping and Fulfillment):
Kathleen West California, USA
Phone: (925) 240-0002 Cell: (925) 525-3977 Fax: (925) 240-0001
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Embedded Engineering and Applications Support
Luis Torrico, Rhode Island, USA
Phone: (401) 419-5806
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Corporate Headquarters:
Convergence Promotions LLC
2220 Sunset Point,
Discovery Bay,
CA 94505 USA

 

Contact Us By Email ] 

Privacy Policy

Privacy Policy

I. General

Convergence Promotions LLC., together with its subsidiaries or affiliated companies (collectively, "CONVERGENCE") is committed to protecting the privacy of your Personal Information (defined below). To that end, CONVERGENCE has developed this Privacy Policy to explain why we collect particular information and how we will protect your privacy within this web site (the "Site").

II. Privacy Statement

CONVERGENCE depends upon the collection and use of identifiable Personal Information including, but not limited to, any computer-generated identification number (including IP Addresses), and any other information relating to your physical, physiological, mental or economic, cultural or social identity (the "Personal Information") in order to provide the services offered on the Site. CONVERGENCE will only collect and use your Personal Information in accordance with this Privacy Policy and only as is necessary to provide you with the services that you have requested unless you indicate otherwise. If you do not agree with this Privacy Policy, do not use the Site. (Please note that this Privacy Policy shall not apply to any Personal Information submitted in connection with applications for employment at CONVERGENCE, even if submitted through the Site.)

III. Information Collected 

A. Personal Information

CONVERGENCE may collect voluntarily submitted Personal Information including your name, e-mail address, postal address, telephone number, and demographic information (such as, city, state or province and country, or any other demographic information that you may submit) in order to provide you with the requested services available on the Site. This Personal Information is collected and stored only as necessary to fulfill your request. 

B. IP Address

CONVERGENCE may collect an IP address from all users of our Site. An IP address is a number that is assigned to your computer when you use the Internet. We do not link the IP address with personally identifiable information. 

C. Applets and Cookies

CONVERGENCE may use applets and cookies on the Site. Applets are pieces of self-executing computer code that may be downloaded to your computer, and are deleted when you leave the Site. Cookies are pieces of information that some websites transfer to the computer that is browsing that website and are used for record-keeping purposes at many websites. Most standard internet browsers are set to automatically accept applets and cookies. However, you can adjust your browser settings to refuse all applets and cookies or to inform you when one is being placed on your hard drive. If you choose to have your browser refuse applets and cookies, it is possible that some areas of the Site will not function properly or will be outdated when you view them. 

D. Other Information

Certain non-personal information about visitors to the Site is recorded by the standard operation of our computer servers. For example, CONVERGENCE automatically gathers statistical information about the Site and its visitors, such as browsers, pages viewed, and number of visitors.

IV. Use of Information Collected 

A. Personal Information

All Personal Information you provide to us is used to provide you with the requested services, and improving the services offered by CONVERGENCE, and enhancing your on-line experience. In addition, your Personal Information may be disclosed to third parties, as necessary, in order to service, process or administer your on-line request or order. In addition, your Personal Information may be used in connection with surveys, polls and/or contests conducted by CONVERGENCE on the Site. However, in such instances, this Personal Information will only be used if voluntarily submitted by you and only in accordance with reasonable, identified purposes. For example, if you choose to participate in the surveys, polls and/or contests offered through the Site, CONVERGENCE will ask you to submit Personal Information, such as your name, e-mail address, postal address, fax number and demographic information (such as, city, state or province and country, or any other demographic information that you may submit). Unless you affirmatively consent to enter such Personal Information, none will be used. Any Personal Information collected in polls or surveys may be displayed to other Site users in aggregate form to advise users' of the poll or survey results. However, data collected through polls and/or surveys are not tied to Personal Information. Information collected through the contests will be used to administer the contest and notify the contest winners, unless otherwise stated at the time of entry.

In addition to the foregoing, CONVERGENCE may use Personal Information for internal marketing purposes in connection with CONVERGENCE's services and we may disclose Personal Information to third parties in connection with such purposes. As a result, you may receive communications from such third parties. You will always be given the opportunity to opt out of receiving such communications at the time that your Personal Information is being submitted to us. If you do not wish to receive such communications, you can "opt-out" in accordance with Section VIII below. 

B. IP Address

CONVERGENCE uses IP addresses to analyze trends, administer the Site, track users' movement, and gather broad demographic information for aggregate use. IP addresses are not linked to Personal Information. We may disclose this information to third parties in connection with our marketing purposes. 

C. Applets and Cookies

CONVERGENCE may use applets and cookies on the Site to enhance your experience while using the Site. Applets and cookies are used to store and sometimes track your preferences to provide you with customized and personalized services in order to enhance your use of the Site. CONVERGENCE may provide this information to third parties as necessary to service, process or administer your request or order. Usage of applets and cookies is in no way linked to any Personal Information while on the Site. 

D. Other Information

Certain non-personal statistical information about visitors to the Site, such as browsers, pages viewed, number of visitors, etc., may be used to optimize each particular user's experience on the Site. We also track the domains from which the Site was visited and use that data, together with the other non-personal information, to analyze trends and statistics before we discard it.

V. Disclosure of Personal Information 

A. Sharing with Third Parties

Except as described in this section, CONVERGENCE will not provide your Personal Information to third parties without your permission. CONVERGENCE does not currently sell, trade or rent Personal Information or your IP address to any third party without your prior consent. Personal Information provided to third parties is limited to only that which is reasonably needed by third parties to carry out their functions in connection with servicing, processing or administering your request or order. 

B. Restrictions on Third-Party Use

CONVERGENCE requires that third parties who have access to Personal Information held by us comply with certain safeguards, such as using the Personal Information only for the permitted previously identified purpose, and returning the Personal Information to us or destroying the Personal Information once that purpose is served.

C. Guidelines for Transfer of Personal Information

CONVERGENCE will only transfer Personal Information to third parties consistent with the principles of notice and choice set forth in the European Commission's Directive on Data Protection ("EC Directive") and other applicable privacy laws. This means that CONVERGENCE will inform you of the potential for transfer of your Personal Information to third parties and obtain your consent prior to such transfer. Where transfer of the personal information is consistent with the purpose for which the data was originally collected or where consent to the transfer has been obtained, CONVERGENCE will transfer the data to a third party only if CONVERGENCE ascertains that the third party subscribes to Safe Harbour principles, is subject to the EC Directive or enters into a written agreement with CONVERGENCE requiring the third party to provide you with an opportunity to withdraw consent for the use of your Personal Information and to comply with applicable privacy laws. CONVERGENCE will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Site; (b) protect and defend the rights or property of CONVERGENCE; and (c) act in urgent circumstances to protect the personal safety of CONVERGENCE's employees, the users of the Site, or the public.

In addition, CONVERGENCE may, as permitted by law, provide Personal Information to (a) consumer reporting agencies to verify your creditworthiness to process your request or (b) third parties in connection with a proposed or actual sale, merger, or transfer of all or a portion of CONVERGENCE's business, assets or an operating unit.

VI. Security Measures 

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure, however, rest assured that CONVERGENCE strictly protects the security of your Personal Information and honors your choices for its intended use. CONVERGENCE has put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access or use of Personal Information and to maintain data security. In addition, we restrict access to Personal Information to (a) those of our employees who need to know such information in the course of their job responsibilities, (b) affiliates of CONVERGENCE, and (c) selected third-party companies, subject to the terms of this Privacy Policy.

VII. Links to Third-Party Web Sites

To the extent hyperlinks are utilized to access external or third-party sites, you should be aware that these linked external or third-party sites are not controlled by CONVERGENCE and, therefore, are not subject to this Privacy Policy. CONVERGENCE disclaims any and all responsibility and/or liability for the collection, use and/or transfer of information collected by such other third-party sites, any content contained on such other third-party sites, and any link or linking program to such other third-party sites. CONVERGENCE does not endorse the proprietors of, or products or services offered on, such other third-party sites. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. You are responsible for checking the privacy policies of these third-party sites to determine how your Personal Information will be utilized by them. CONVERGENCE also disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property interests of third parties.

VIII. Opt-Out

You have choices regarding the collection, use and disclosure of your Personal Information for purposes not directly related to the Site. You may cancel CONVERGENCE's services, "opt-out" of receiving promotional materials from CONVERGENCE and/or third parties, and remove your Personal Information from our database by simply sending an e-mail request to CONVERGENCE.

IX. Amendment to Privacy Policy

CONVERGENCE reserves the right to amend this Privacy Policy at any time. CONVERGENCE will notify you of any change to this Privacy Policy by posting the revised Privacy Policy on the Site. You have the obligation to periodically visit the Site to review the changes in the Privacy Policy. Your continued use of the Site constitutes your agreement to be bound by any such changes to the Privacy Policy. Any modifications to the Privacy Policy will continue to comply with applicable privacy laws and thereby provide you with privacy protection.

X. User Access to Personal Information

You have the opportunity to access, correct and/or remove existing Personal Information held by CONVERGENCE by contacting CONVERGENCE. See the contact information in Section XIII below. If you request removal of Personal Information, you acknowledge that residual Personal Information may continue to reside in CONVERGENCE's records and archives, but CONVERGENCE will not use that information for any commercial purpose. CONVERGENCE reserves the right to maintain your Personal Information if CONVERGENCE has suspended, limited, or terminated your access to the Site for violating the Site Terms of Use.

XI. Use by Children 

A. CONVERGENCE Policy

This Site is not geared to children under 13 years of age, and CONVERGENCE does not seek to collect Personal Information about children under 13 years of age through its Site. If we discover that such information has been provided and collected through the Site, we will delete such information. Thus, we typically retain no identifiable information about kids. 

B. Removal of Child's Personal Information

Parents may request deletion of Personal Information provided to CONVERGENCE through the Site by sending an e-mail to CONVERGENCE with the following information: (a) parent's name, address (and second address, if the child shares two addresses), telephone number, and e-mail address; and (b) the child's name and/or nickname, and e-mail address. This information will only be used to search our databases and deliver confirmation to you that the child's Personal Information has been deleted. Please note that the deletion of your child's Personal Information from CONVERGENCE's database will prevent CONVERGENCE from notifying you or your child in the event of a recall of a product your child purchased in violation of our policies. Therefore, if your child purchased products through the Site in spite of our efforts to prevent it, we recommend that you simply request the substitution of your name for your child's name in our records, in order to be notified in the event of a recall.

XII. Contact Information 

 

If you have any questions or concerns regarding this Privacy Policy, please contact CONVERGENCE.

Terms of Use

Terms of Use  

This Internet Website is operated and maintained by Convergence Promotions LLC. or its subsidiaries or affiliated companies (collectively "CONVERGENCE"). The Site provides data, information, text images, programs and other materials and content (collectively, "Content") and other services such as the online sale of computer and electronic components and production tools ("Services"). The Site, the Content and the Services are provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms of Use"). BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

The Site is open to visitors. However, to access certain areas of the Site, we require you to register with us. Registration is free and allows you to access other Services not available to visitors including product profiles. By registering, you certify that the information you provide in the registration form is accurate.

The Company reserves the right to change these Terms of Use at any time and your continued access or use of the Site after such changes indicates your acceptance of the Terms of Use as modified. It is your responsibility to review these Terms of Use before each access or use or the Site.

ALL SALES ARE SUBJECT TO CONVERGENCE'S TERMS AND CONDITIONS OF SALE.

 I. Use Restrictions and Intellectual Property

A. Copyrights. All Content provided on the Site is protected by U.S. law, including U.S. copyright law, intellectual property rights laws and international treaties. All Content is the copyrighted property of CONVERGENCE or the original creator of such Content. Except as stated herein, none of the Content may be copied, reproduced, republished, displayed or distributed by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of CONVERGENCE or the relevant right holder. The entire Site is Copyright 2016 CONVERGENCE. All rights reserved.

B. Restrictions of Use of Copyrighted Content. You are granted permission to display, download and print the Content on the Site for individual, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any special terms and conditions for use of certain Content or Services provided on the Site and included elsewhere on the Site are incorporated into, and become part of, these Terms of Use. Except as explicitly allowed herein, you agree not to reproduce, copy, retransmit, distribute, sell, republish, modify, translate or create derivative works of, or in any way commercially exploit, in whole or in part, any portion of the Site, the Content and/or the Services, in whole or in part, without the express prior written consent of CONVERGENCE and any decompilation, disassembly, reverse engineering or other exploitation of the Site, the Content and/or the Services is strictly prohibited. You acquire absolutely no rights or licenses to the Site, the Content or the Services other than the limited right to use the Site, the Content and the Services in accordance with these Terms of Use.

C. Proprietary Marks. The names, logos, taglines, and other marks identifying CONVERGENCE and its products and services are proprietary marks of CONVERGENCE. All rights reserved. All other trademarks and service marks are the property of their respective owners. This Agreement does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever. Title to the Site, the Content and the Services and the trademarks or trade names displayed on the Site remains with CONVERGENCE and/or its licensors. Nothing contained in these Terms of Use or on the Site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trade-marks, trade-names, copyright or other intellectual property rights of CONVERGENCE or its licensors. Any unauthorized use of the Site, the Content or the Services or the trade-marks, trade names, copyright or other intellectual property rights of CONVERGENCE or its licensors is strictly prohibited, and CONVERGENCE reserve the right to take such steps as it deems necessary, including legal action, to enforce such rights. Any question connected with whether a mark or logo that is not listed above is a trademark or service mark of CONVERGENCE should be directed to CONVERGENCE.

D. Framing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including text, images, or page layout) on the Site, nor may you "mirror" any Content on the Site on any other server, without the express prior written consent of CONVERGENCE.

E. Permission to Republish. Requests to republish or redistribute the Content should be addressed to CONVERGENCE as directed in Section X hereof.

II. Privacy

Your privacy is of great importance to CONVERGENCE. All information gathered from you or related to your use of the Site will be governed by CONVERGENCE's Privacy Policy. Please see our Privacy Policy for its terms.

III. New Services, Your Password and Conformance with Laws

A. New Services. Whenever new products or services are introduced on the Site as part of the Services, your use of such Services will be subject to these Terms of Use unless we notify you otherwise.

B. Your Password. Certain areas of the Site are protected by passwords. You are solely and fully responsible for keeping your password confidential, and will be solely and fully responsible for all uses of your password or registration, even if these uses were not authorized by you. If you become aware of any unauthorized use of your password or registration, you are required to notify CONVERGENCE immediately in accordance with Section X below.

C. Conformance with Law. You agree to use the Site, the Content and the Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing the Site or the Content, or using the Services, illegal, are not authorized to use the Site, the Content or the Services.

IV. Limitations of Liability

A. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER CONVERGENCE NOR ITS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE, THE CONTENT OR THE SERVICES. CONVERGENCE AND/OR ITS LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE, THE CONTENT OR THE SERVICES. FURTHER, CONVERGENCE IS NOT RESPONSIBLE FOR ANY SLANDEROUS, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CONVERGENCE SHALL HAVE NO LIABILITY TO YOU RELATING TO THIS AGREEMENT OR THE SITE, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION.

B. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TECHNICAL OR OTHER ADVICE TO YOU AND YOU SHOULD NOT RELY UPON THE CONTENT TO PROVIDE ANY SUCH ADVICE. YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION AND VERIFICATION OF ANY CONTENT PROVIDED ON THE SITE AND, IN ANY EVENT, PRIOR TO MAKING ANY PURCHASES BASED ON SUCH CONTENT.

C. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CONVERGENCE AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLICATIONS, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING YOUR USE OF THE SITE. CONVERGENCE AND ITS LICENSORS DO NOT WARRANT THAT THE SITE, OR ANY INFORMATION, PRODUCT OR SERVICE THAT MAY BE OBTAINED THROUGH A LINK FROM OR TO THE SITE, WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

D. UNDER NO CIRCUMSTANCES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL CONVERGENCE OR ITS LICENSORS BE RESPONSIBLE FOR, AND CONVERGENCE HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL, EXPECTANCY, EXEMPLARY, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING OUT OF USE, THE INABILITY TO USE, REFERENCE TO, OR RELIANCE ON ANY INFORMATION OBTAINED ON, DOWNLOADED, OR HYPERLINKED FROM THE SITE OR THE CONTENT ON THE SITE, EVEN IF CONVERGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA YOU ASSUME ANY COSTS THEREOF.

E. CONVERGENCE SHALL NOT BE LIABLE OR DEEMED TO BE IN DEFAULT FOR UNAUTHORIZED ACCESS TO THE SITE.

F. YOUR SOLE REMEDY FOR DISSATISFACTION WITH CONVERGENCE OR THE SITE IS TO STOP USING THE SITE, INCLUDING ANY OF THE SERVICES OR PRODUCTS ADVERTISED OR AVAILABLE ON THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT CONVERGENCE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR SUCH SERVICES OR PRODUCTS OR FOR ACCESSING THE SITE.

G. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

V. Links, Viruses and Indemnification

A. Links. The Site may contain links and pointers to the other Internet Websites and resources. Links to and from the Site to other Websites, maintained by third parties do not constitute an endorsement by CONVERGENCE of any third party Website, its resources or its contents. CONVERGENCE is not responsible for examining or evaluating, and CONVERGENCE does not warrant the offerings of any of these businesses or individuals or the content of linked Websites. CONVERGENCE does not assume any responsibility or liability for the actions, products, and content of any third party or their Websites. Please note that when you click on one of these links, you are moving to another Website. You should read the terms of use and privacy statements, if any, of these linked Websites as their terms and privacy policies may differ from that of CONVERGENCE. Once you leave the Site, CONVERGENCE is not responsible for the content, accuracy or availability of any other Website accessed after leaving the Site. Your access to, or use of any non-CONVERGENCE Website is at your sole risk.

B. Viruses. CONVERGENCE cannot and does not guarantee or warrant that the Site, the Content or the Services are compatible with your systems or that the Site, the Content or the Services will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems. You are responsible for the costs of any service, repairs or connections which may be necessary to your systems as a result of your use of the Site, the Content or the Services.

C. Indemnification. You agree that your use of the Site, the Content or the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against CONVERGENCE and/or its licensors. You agree, at your own expense, to indemnify and hold CONVERGENCE and our directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against us, our directors, officers, employees, representatives, agents and licensors by a third party as a result of your breach of these Terms of Use.

VI. Entire Agreement, Severability and Electronic Communications

A. Entire Agreement and Severability. Along with our Privacy Policy referenced herein, this Agreement constitutes the entire agreement between you and CONVERGENCE with respect to the Site and supersedes all prior agreements or understandings between you and CONVERGENCE with respect thereto. If any provision of this Agreement is later determined by a court of competent jurisdiction to be unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

B. Electronic Communications. When you access or use the Site or send e-mails to CONVERGENCE, you are communicating with CONVERGENCE electronically. You consent to receive communications from CONVERGENCE electronically. CONVERGENCE will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that CONVERGENCE provides to you electronically satisfy any legal requirement that such communications be in writing.

VII. Governing Law and Dispute Resolution

A. The validity, interpretation and performance of this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. With respect to use of the Site within the U.S., sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be with an appropriate federal or state court located in Sacramento, California.

B. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Sacramento, California except that, to the extent you have in any manner violated or threatened to violate CONVERGENCE's intellectual property rights, CONVERGENCE may seek injunctive or other appropriate relief in any court in accordance with subsection A above. Arbitration under this agreement shall be conducted pursuant to the rules of commercial arbitration of the California Code of Civil Procedure. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 

VIII. Discontinuance of Service

CONVERGENCE may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or Content. CONVERGENCE may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. 

IX. Termination and Waiver

A. Suspension. CONVERGENCE reserves the right to deactivate, suspend, block or terminate your use of the Site if such use is found or is reasonably suspected to involve or facilitate any unauthorized, illegal, abusive, or unethical act or a violation of these Terms. In addition, CONVERGENCE reserves the right to deactivate, suspend, block or terminate your use of the Site, the Content or the Services immediately, without notice, in our sole discretion.

B. Termination of Use. The permission to use the Site granted by this Agreement automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any Content contained in this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

C. Failure by CONVERGENCE to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

X. Contact Information

All notices to and correspondence with CONVERGENCE should be directed to a CONVERGENCE representative.

Terms & Conditions

 

Terms and Conditions of Order

These terms and conditions govern the sale of Products ("Products") and the provision of services ("Services") by Convergence Promotions LLC. and its divisions, subsidiaries and affiliates ("Seller") as well as by third party vendors and/or service providers of Seller. These terms and conditions ("Agreement") take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Acceptance by Buyer is limited to and conditioned upon Buyer’s assent to these terms and conditions. Neither Seller’s commencement of performance or delivery shall be deemed or constituted as acceptance of Buyer’s supplemental or conflicting terms and conditions. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein. THESE TERMS AND CONDITIONS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.

l. Orders

All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must include delivery dates, quantities, approved vendors and complete description of Products being purchased. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products as non-cancellable, non-returnable or customer specific.

ll. Prices

(a) The prices of the Products are those specified on the front of Seller’s invoice. Pricing for undelivered Product may be increased in the event of any increase in Seller’s cost, change in market conditions or any other causes beyond Seller’s reasonable control. Price quotations, unless otherwise stated, shall automatically expire fifteen (15) calendar days from the date issued and may be cancelled or amended within that period upon notice to Buyer.

(b) Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including, but not limited to, federal, state, provincial and local sales, excise, goods and services taxes and any other taxes. Buyer agrees to pay these taxes unless Buyer has provided Seller with an exemption resale certificate in the appropriate form for the jurisdiction of Buyer’s place of business and any jurisdiction to which Products are to be directly shipped hereunder, or unless the sale is otherwise exempt from these taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

lll. Payment

(a) Full payment is due promptly. For all orders, upon approval of credit, Seller’s terms of payment are net thirty (30) days from the date of invoice. Buyer will be deemed to have accepted an invoice upon the tenth (10th) day from the date of invoice and no further objections to the invoice will be permitted or accepted. Seller may invoice each shipment separately and each shipment shall be considered a separate and individual contract. Buyer agrees to pay such invoice pursuant to its terms without the benefit of setoff or deduction.

(b) All late payments shall be charged interest computed on a daily basis from the due date until paid in full. A late charge of one and one-half percent (1 1/2%) per month or the maximum rate permitted by applicable law, whichever is less, will be imposed on all past due accounts. Buyer shall be liable for costs of collection, including reasonable attorneys’ fees and court costs, in any action to collect past due amounts.

(d) Seller reserves the right to establish and/or change credit and payment terms extended to Buyer when, in Seller’s sole opinion, Buyer’s financial condition or previous payment record warrants such action. Further, on delinquent accounts, Seller shall not be obligated to continue performance under any agreement with Buyer.

(e) If Seller believes in good faith that Buyer's ability to make payments may be impaired or if Buyer shall fail to pay any invoice when due, Seller may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Buyer shall remain liable to pay for any Products already shipped.

(f) Seller retains a purchase money security interest in the Products delivered to Buyer, and in their accessories, replacements, accessions, proceeds and Products, including accounts receivable (collectively, the "Collateral") to secure payment of all amounts due under this Agreement. Buyer’s failure to pay all amounts hereunder in full when and as due shall constitute a default hereof and shall give Seller all rights of a secured party. If Buyer fails to pay any amount when due, Seller shall have the right to repossess and remove all or any part of the Collateral from Buyer, but not from Buyer’s Customers. Any repossession or removal shall be without prejudice to any other remedy of Seller hereunder, at law or in equity. Buyer agrees, from time to time, to take any act and execute and deliver any document (including, without limitation, financing statements) reasonably requested by Seller to transfer, create, perfect, preserve, protect and enforce this security interest.

(g) Any payment received from Buyer may be applied by Seller against any obligation owing from Buyer to Seller, regardless of any statement appearing on or referring to such payment, without discharging Buyer's liability for any additional amounts owing from Buyer to Seller, and the acceptance by Seller of such payment shall not constitute a waiver of Seller's right to pursue the collection of any remaining balance.

 

lV. Delivery and Title

All deliveries will be made EXW (Ex Works as defined in Incoterms 2000) FOB place of origin (Germany). Subject to Seller's right of stoppage in transit, delivery of the Products to the carrier shall constitute delivery to Buyer and title and risk of loss shall thereupon pass to Buyer. Selection of the carrier and delivery route shall be made by Buyer. Buyer acknowledges that delivery dates provided by Seller are estimates only and Seller shall not be liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of Seller nor shall the carrier be deemed an agent of Seller. Seller will not be liable or penalized for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Seller’s time for delivery or performance will be extended by the period of such delay or Seller may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to Buyer. If the Products perished while in the custody of the carrier, the Seller shall be deemed to have performed its obligations in full. Delivery of a quantity, which varies from the quantity specified, shall not relieve Buyer of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of one installment shall not entitle Buyer to cancel other installments. 

 

V. Acceptance/Returns

(a) Shipments will be deemed to have been accepted by Buyer upon delivery of the said shipments to Buyer unless rejected upon receipt. Buyer shall perform whatever inspection or tests Buyer deems necessary as promptly as possible but in no event later than five (5) days after delivery, after which time Buyer will be deemed to have irrevocably accepted the Products. Any discrepancy in shipment quantity must be reported within five (5) working days of receipt of the Products. In the event of an over shipment, Buyer shall have the option to return the Products to Seller at Seller’s expense or alternatively, Buyer may elect to retain the Products (subject to adjustment of the invoice or the issuance of another invoice to account for such additional items.) Any Product returns shall be subject to compliance with Seller’s Return policy.

(b) Buyer must notify Seller within five (5) days of receipt of shipment if an incorrect Product(s) has been delivered to Buyer. Buyer must provide the Purchase Order number and details as the incorrect Product(s) received. Seller will provide Return Material Authorization (RMA) number along with shipping details for return of incorrect Product(s), if product is to be incorrect. Buyer’s account will be credited when the product(s) returns are received and verified. 

(c) If Buyer receives Product(s) that does not meet the Manufacturer’s specifications, Buyer to notify Seller and provide as much detail as possible about the nature of the problem. Buyer may be given instruction to send exhibit(s) to the manufacturer. If the manufacturer confirms the problem, they will authorize the return of the affected product and will correct the problem and return the repaired product directly to the Buyer. If the manufacturer determines the failure exhibit(s) meet the manufacturer’s specifications, the manufacturer will forward their completed Test Report and exhibit(s) directly back to the Buyer. 

(d) If Buyer receives damaged Product with visible damage to the external shipping containers, Buyer must report the damage to the carrier at the time of receipt. Buyer must also contact Seller with details of damage. 

(e) Returns due to Buyer errors will not be considered.

 

Vl. Limited Warranty and Limitation of Liability

(a) Buyer acknowledges that Seller is not the manufacturer of the Products. Seller will transfer to Buyer any transferable warranties or indemnities that the manufacturer of the Product or the third party vendor/service provider provides to Seller. SELLER SHALL HAVE NO LIABILITY TOWARDS BUYER OR ANY THIRD PARTY BEYOND THE EXPRESS TERMS OF SUCH MANUFACTURER PRODUCT WARRANTIES. SELLER ASSUMES NO LIABILITY FOR THE QUALITY OF THE WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY VENDORS/SERVICE PROVIDERS. IT IS BUYER'S OBLIGATION TO REQUEST COPIES OF ANY APPLICABLE MANUFACTURER WARRANTIES AND BUYER SHALL BE DEEMED TO HAVE ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF THE PRODUCTS AND/OR SERVICES.

(b) Seller’s exclusive obligations with respect to a non-conforming Product or Service shall be, at Seller’s manufacturer’s option, to repair or replace the Product, if it is determined to be defective, or to re-perform the Service. 

(c) Replacement Products shall be warranted as set forth in Section 6(a) above. Any Products repaired or serviced by Manufacturer shall be warranted as provided in this Section 6 for the remainder of the manufacturer’s warranty period.

(d) No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards.

(e) Seller disclaims, and shall have no liability for any trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, which may occur, as a result of the sale of Products to Buyer. The only remedy or recourse for trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, shall be against the manufacturer of the Products which is explicitly subject to the limited warranty of the manufacturer of the Product. There shall be no remedy or recourse against Seller or the manufacturer to the extent the infringement arises from or is otherwise based upon (i) the manufacturer's compliance with the particular requirements of Buyer that differ from the manufacturer's standard specifications for the Product; (ii) modifications or alterations of the product other than by the manufacturer; or (iii) a combination of the Product with other items not furnished or manufactured by the manufacturer.

(f) BUYER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER'S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED BUYER'S PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALL NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER'S COMPLIANCE WITH BUYER'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS. SUBJECT TO THE FOREGOING. IN NO EVENT SHALL THE LIABILITY OF SELLER RELATING IN ANY WAY TO ANY PRODUCT EXCEED THE PURCHASE PRICE FOR THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. THE BUYER ACKNOWLEDGES THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON THESE LIMITATIONS, AND THE BUYER FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED 

(g) Buyer acknowledges that this Agreement was entered into at arms length and that it was not fraudulently induced to enter into this Agreement, in whole or any part, and Buyer explicitly disclaims and waives any claim with respect thereto. 

(h) Applicable Law; Dispute Resolution; Limitation on Actions. The laws of the State of California shall apply to these Terms and Conditions of Order, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Terms and Conditions of Order. Any controversy or claim arising out of or relating to Terms and Conditions of order or Buyer’s purchase or use of Products (a "Dispute") shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and Buyer hereby waives any right Buyer may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Contra Costa County, California. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Order will be joined to an arbitration involving any other party subject to these Terms and Conditions of Order, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of California. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Seller, Seller may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Seller’s or any third party's intellectual property or proprietary rights. Buyer hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of California with respect to any such injunctive or other relief. Buyer further acknowledges that Seller’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute must be instituted within one (1) year from the date of purchase or provision of the Product at issue except for a Dispute based on breach of warranty which must be instituted within ninety (90) days of the date Seller denies a warranty claim of these Terms and Conditions of Order.

 

Vll. Intellectual Property

If any Product includes software or other intellectual property, such software or other intellectual property is provided by Seller to Buyer subject to the copyright and user license, if any, for such Products, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Buyer acknowledges and understands that Seller is not the manufacturer of any Products ordered or to be supplied to Buyer and is not liable to Buyer or any third party for any copyright, design or patent issue, right or claim that may arise in relation to any Product.

 

Vlll. Export Control/Use of Products

Buyer certifies that it will be the recipient of Products to be delivered by Seller. Buyer acknowledges that the Products are subject to the export and/or import control laws and regulations of various countries including the Export Administration Laws and Regulations of the United States. Buyer agrees to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required and acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Products sold by Seller cannot be transferred, sold or re-exported to any party on the Entity List or Restricted Person List of the U.S. Department of Commerce, Bureau of Industry and Security (BIS), any party designated by the U.S. Treasury Department’s Office of Foreign Assets Control, and any party debarred or sanctioned for proliferation or terrorism reasons by the U.S. State Department. Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer's sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.

 

lX. Technical Assistance or Advice

Any technical assistance or advice offered by Seller in regard to the use of any Product or provided in connection with Buyer’s purchases is given free of charge and only as an accommodation to Buyer. Seller shall have no obligation to provide any technical assistance or advice to Buyer and if any such assistance or advice is provided, such fact will not obligate Seller to provide any further or additional assistance or advice. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.

 

X. Limitation Period

Subject to any of the limitations expressed in the applicable manufacturer’s warranty, no action by Buyer may be brought at any time for any reason against Seller or the manufacturer more than twelve (12) months after the facts occurred upon which the cause of action arose.

 

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