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Terms
Terms & Conditions of URL http://www.hddisk.us.com or
http://www.raiddiskstore.com (the "Site"). and The Purchase of Products
from Market Technology.
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
This
web site located at URL http://www.hddisk.us.com or http://www.raiddiskstore.com. The following terms
and conditions govern your use of this Site. By using this Site,
submitting your information to us, you are indicating your acceptance
of the following terms and conditions (the "Terms and Conditions"). We
reserve the right to make changes to this Site and these Terms and
Conditions at any time.
Disclaimer and Limitation of Liability as to this Site
While
we endeavor to provide the most accurate, up-to-date information
available, the directories and information on this Site may be out of
date or include omissions, inaccuracies or other errors. This Site and
the materials therein are provided "AS IS." We make no representations
or warranties, either express or implied, of any kind with respect to
this Site, its operations, contents, information or materials. WE
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH
RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You
agree that we, our directors, officers, employees or other
representatives shall not be liable for damages arising from the
operation, content, or use of this Site. You agree that this limitation
of liability is comprehensive and applies to all damages of any kind,
including without limitation direct, indirect, compensatory, special,
incidental, punitive and consequential damages, damages for loss of
profits, revenue, data and use, incurred by you or any third party,
whether in an action in contract or tort, arising from your access to,
and use of, this Site or any other hyper-linked Web site.
Accounts
You
agree that you will not misuse or abuse account access and passwords.
You agree that you will only use your password and that you will take
all reasonable precautions to protect its secrecy.
Capacity to Contract
You
represent to us that you are of the legal age of majority in your state
of residence and/or that you are duly authorized by your employer to
use this Site.
Typographical Errors
In
the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right to
refuse or cancel any orders placed for products listed at the incorrect
price. We shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card has
been charged. If your credit card has already been charged for the
purchase and your order is canceled, we shall immediately issue a
credit to your credit card account in the amount of the charge.
Privacy Policy
We
consider the privacy of our users to be paramount, and we have
developed a privacy policy to protect and inform our users ("Privacy
Policy"). Our current Privacy Policy is incorporated herein by
reference and made part of these Terms and Conditions.
Feedback
We
welcome all comments, feedback, information, or materials, which you
submit to us through or in conjunction with this Site ("Feedback").
Please note that your Feedback shall be considered non-confidential and
become our property. By submitting your Feedback to us, you agree to a
no charge assignment to us of all right, title and interest in
copyrights and other intellectual property rights on a worldwide basis
to your Feedback. We shall be free to use your Feedback on an
unrestricted basis.
Links
This
Site may contain links to other Web sites on the Internet that are
owned and operated by third parties. You acknowledge that we do not
endorse and are not responsible for the operation of or content located
on or through any such Web site.
Third Party Content
Certain
content from third party vendors may be made available as part of this
Site. This content is believed to be reliable, but we do not endorse or
guarantee the accuracy or completeness of this content.
Order Acceptance
Terms
of payment shall be determined in our discretion and as otherwise
agreed to by us. Payment shall be made by the payment method extended
to you by the Market Technology Accounting Department. Your receipt of an
electronic or other form of order confirmation does not signify our
acceptance of your order, nor does it constitute confirmation of the
order or our offer to sell. We reserve the right, without prior
notification, to accept or decline your order or limit the order
quantity for any reason. Where payment is made by credit card, such
payment is subject to the approval of the financial institution issuing
the credit card and we shall not be liable in any way if such financial
institution refuses to accept or honor the credit card for any reason.
We may require, at our option, that any order placed over certain
dollar amounts receive our pre-approval. We also may require additional
verification or information before accepting any order.
Prices, Shipping and Handling Charges
Not
all prices include charges for shipping and handling or taxes. Separate
charges for shipping and handling will be shown on the invoice.
Sales and Other Taxes
We
are obligated to withhold sales tax for delivery within certain states
and all such taxes shall be automatically charged and withheld. Unless
Customer provides us with a valid and correct tax exemption certificate
applicable to the product ship-to location prior to our acceptance of
the order, the customer is responsible for sales and all other taxes
associated with the order not collected by us.
Product Availability
Although
availability may be indicated on the Site, we cannot guarantee product
availability and products, nonetheless, may not be available for
immediate delivery. We reserve the right, without liability or prior
notice, to revise, discontinue, or cease to make available any or all
products or to cancel any order. If there is any revision,
discontinuance, or cessation, we may, in our discretion, ship products
which have substantially similar functionality and specifications to
the products ordered or cancel your order.
Technical Service and Support
All
requests for technical service and support for products purchased
should be made directly to Market Technology in accordance with our terms
and conditions.
Compliance With Laws
You
agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of this Site and your purchase of
products or services through this Site. We may, in our sole discretion,
report actual or perceived violations to law enforcement or appropriate
authorities. If we become aware, through a complaint or otherwise, of
any potential or suspected violation of these Terms and Conditions or
the Privacy Policy, we may (but are not obligated to) conduct an
investigation to determine the nature and extent of the suspected
violation and the appropriate enforcement action, during which
investigation we may suspend services to any customer being
investigated and/or remove any material from our servers. You agree to
cooperate fully with any such investigation. You acknowledge that
violations of the Terms and Conditions or the Privacy Policy could be
subject to criminal or civil penalties.
Compliance with Return Policies
You
agree to comply with and be bound by the return policies in connection
with returns of products purchased through Market Technology. Our current
return policy (located in the Customer Service section of this Site) is
incorporated herein by reference and made part of these Terms and
Conditions.
Termination of Usage
We
may terminate or suspend your access to or use of all or part of this
Site, without notice, for any conduct that we believe is disruptive to
this Site or is in violation of any applicable law or these Terms and
Conditions.
Disclaimer and Limitation of Liability as to Products Sold
Any
product offered by us is warranted only if, and only to the extent of
the existence of, the applicable manufacturer's warranty, if any, and
is distributed by us on an "AS-IS" basis without warranty by us. EXCEPT
AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH
RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A limited
warranty statement may be included with each product shipped to you.
Market Technology will be obligated to honor any such warranty only
upon
our receipt of payment in full for the product to be warranted.
FOR
ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE
MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE
PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL WE BE
LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS
AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF
BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
WE
SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS
CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY,
THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR
COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE,
WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR
CONTROL. WE SHALL NOT BE LIABLE FOR ANY LOSS DATA FOR ANY FAILURE OF A
PRODUCT.
Copyright and Trademark Notice
All
content included on this Site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software (and the compilation of such content), is the property of
Market Technology, The Online Store, or their content suppliers and is
protected by United States and international copyright laws. All
software used on this Site is the property of the Online Store or its
software suppliers and protected by United States and international
copyright laws.
All marks indicated as registered on this
Site are registered trademarks of Market Technology, in the United
States
and other countries. Other graphics, logos, page headers, button icons,
scripts, and service names are trademarks or trade dress of Market
Technology, The Online Store or their content suppliers. The trademarks
and
trade dress on this Site may not be used in connection with any product
or service that is not ours, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or
discredits us. All other trademarks not owned by us or our subsidiaries
that appear on this Site are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored by us.
Applicable Law
You
agree that any legal action brought against the Online Store shall be
governed by the laws of the State of California, without regard to
conflict of law principles. You agree that the sole jurisdiction and
venue for any litigation arising from your use of or orders made on
this Site shall be an appropriate federal or state court located in San
Bernardino County, California. We make no representations that the
content in this Site is appropriate for access outside the United
States. Those who choose to access this site from outside the United
States do so on their own initiative and are responsible for compliance
with local laws and are strictly prohibited from purchasing products
from this Site.
General
If
any provision or provisions of these Terms and Conditions shall be held
to be invalid, illegal, or unenforceable, such provision shall be
enforced to the fullest extent permitted by applicable law and the
validity, legality, and enforceability of the remaining provisions
shall not be affected thereby. Products purchased or received under
these Terms and Conditions are subject to export laws and regulations
of the United States. The products offered here are solely for the use
of our customers. You may not assign your rights or obligations under
these terms and conditions without our express written consent.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us by using our online contact form: www.hddisk.us.com
THE
FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE
THE SEPARATE AGREEMENT SHALL GOVERN.
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