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SALES POLICY AGREEMENT By placing an order at ElementComputers.com, a customer has agreed to these Conditions of Use as indicated on this website. By placing an order at ElementComputers.com, a customer has agreed to the total dollar amount of the sale, and authorized Element ComputersTM to collect payment via the payment method the customer specified. ElementComputers.com reserves the right to make changes to this site and these Conditions of Use at any time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEMENT COMPUTERSTM AND OTHER SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Element ComputersTM attempts to be as accurate as possible in our content and pricing. However, we cannot guarantee that the product descriptions/specifications, pricing or any other content on the site is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Element ComputersTM shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. In addition, links to product reviews are intended to provide visitors with additional information and professional opinion. However, due to the industry's fast pace, reviews can become outdated and should not be considered a substitute for doing your own research. Thank you. Element ComputersTM reserves the right to, at any time, after receipt of any order, from any customer, and without prior notice, supply less than the quantity ordered of any item or to cancel an order. GENERAL USE RULES Use of the Site must be lawful, ethical, and respectful of the legal rights and interests of all other persons, and consistent with the security and reliability of the Site and the Internet
Without limiting the above, the following rules apply to the use of the Site, which includes posting materials to the Site:
Lawful use: Use of the Site must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Site from locations where the Site may be illegal is prohibited.
Security and performance: The Site must not be used with any action, device, software or routine, which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Site or impose an unreasonable or disproportionately large load or burden on the system or its' infrastructure.
Other person's rights: Use of the Site must not infringe the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights).
No data collection: Use of the Site must not involve any data matching or data mining, including without limitation the collection or use of information about other Element ComputersTM Members and Users (including their email addresses) without their consent.
PROHIBITED USES The following is a non-exhaustive list of prohibited uses of the Site and its services including email. Element ComputersTM reserves the right, in its sole discretion, to determine whether any use of the Site is prohibited or otherwise violates this Policy. Through the use of the free Element ComputersTM accounts, you agree that the Publisher shall not be responsible or liable for any loss of information howsoever arising from deletion or failure to be stored. The Publisher shall have no obligation to maintain or forward any content for you or any third party.
Uses that may violate the General Use Rules set forth above.
Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. (This includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct.)
Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals.
Uses that may dilute or depreciate the name and reputation of Element ComputersTM and its affiliates or associates.
Uses that interfere with other persons use and enjoyment of the Site or of the Internet generally.
Uses that may disrupt, compromise or degrade the integrity, efficiency, performance or security of the Site or that may otherwise result in:
The circumvention or breach of any User authentication, password, security or control measures regarding the Site or any other Internet resource or computer system; unauthorized access to other persons' Element ComputersTM accounts and materials (including materials posted to the Site) or interference with their use and enjoyment of the Site.
Uses that conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any Element ComputersTM representative.
Uses that contain or disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person's permission.
The uploading, posting or transmission to the Site of any of the following materials, whether posted publicly or with password protection, whether directly or indirectly or intentionally or unintentionally: materials that contain links to other Web sites or Internet resources; executable programs or audio and video recordings; materials that contain computer viruses, trojan horses, worms, time bombs, cancelbots, or other computer code that may damage, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, limit the functionality of, or otherwise adversely affect the Site or any other computer system, hardware, software, telecommunications equipment, data, or personal information; and materials that are encrypted.
Monitoring and complaints Element ComputersTM is not obliged to monitor, screen, police or edit the use of the Site, including postings of materials to the Site, although Element ComputersTM reserves the right to do so in its sole discretion and without any notice or liability to you or any other person.
Element ComputersTM will respond, as it considers appropriate, in its sole discretion, if it becomes aware of any inappropriate uses of the Site, including without limitation uses that constitute copyright infringement. You may report violations of this Policy by using the form found here. The procedure for making copyright infringement claims may be found here.
Compliance, Consequences, and Law Enforcement Disclosure Element ComputersTM may in its sole discretion determine whether this Policy has been violated.
Policy violations constitute a breach of the Element ComputersTM Term of Service Agreement and may, in the sole discretion of Element ComputersTM, result in: (a) termination or suspension of permission to use the Site and any Element ComputersTM membership and accounts you may have; (b) restricted access to materials posted to the Site; (c) removal and permanent deletion and destruction of materials posted to the Site; and (d) other consequences; all without any notice or any liability to you or any other person.
By violating this Policy, you may incur criminal or civil liability. Element ComputersTM may in its sole discretion report perceived violations of applicable law to law enforcement authorities. Element ComputersTM will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Element ComputersTM members' personal information (including account information and payment information), and copies of materials used in connection with the Site (including materials posted to the Site).
The failure to enforce this Policy by Element ComputersTM for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.
Changes to this Agreement You may not change, supplement, or amend this Agreement in any manner. Element ComputersTM may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Site from time to time, for any reason, and without any prior notice or liability to you or any other person.
Authorized users This Site may be used only by individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. This Site may not be used by individuals who have had their Element ComputersTM membership or account terminated or by individuals in jurisdictions where the Site, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all laws applicable in your jurisdiction.
Responsibility for Submissions You warrant that you hold all proprietary rights, interests and title in any and all submissions you make or, in the alternative, that you have the prior written consent from any and all third parties who have proprietary rights, interests or title in any part of the Materials submitted to the Site and that those third parties will be bound by these Element ComputersTM Conditions of Use. You assume sole and complete responsibility for any damages resulting from infringements of copyright, trademarks or any other proprietary right or harm resulting from your submissions to the Site. You are responsible for determining what portion of your submissions, if any, are proprietary to a third party. By making a submission to the Site, you grant to the Publisher the irrevocable right, interest, title and license to use, reproduce, modify, adapt, publish, translate, create derivatives of, distribute, transmit, display or otherwise use the submissions for the Publisher's purposes including questions, comments, suggestions, or other similar uses regarding any information found on the Site or any of the services delivered by the Publisher.
You shall not use a User name, email address or URL (i) with the intent of impersonating another person or entity; (ii) without the consent of the owner of that name, email address or URL; (iii) violating any third party's proprietary rights; or (iv) that is offensive in the sole discretion of the Publisher. The Publisher and its affiliates are not liable for any direct, indirect, incidental, special or consequential damages occurring through the use of the Site or through any breach of your warranties and obligations contained herein. The liability of the Publisher shall not, under any circumstance, exceed the total amount paid to the Publisher by you.
Fees and Charges You are responsible for all costs associated with obtaining and operating all the hardware and software necessary to access the Site including, but not limited to, computer hardware and software, modems, telephone, internet services provider, and/or connectivity charges.
You are responsible for paying all fees and charges associated with using the Site, including any applicable taxes. All amounts appearing on the Site are quoted in US dollars.
Linking and framing This Site may contain advertisements for, and links to, other Internet sites and businesses operated by third parties (“Other Sites”). The Other Sites are independent from the Publisher and the Publisher has no responsibility or liability for or control over Other Sites, their business, goods, services or content. The Publisher does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against Element ComputersTM arising out of your use of any Other Sites or your dealings with the owners and operators of any Other Sites.
Governing Law and Dispute Resolution. This Agreement, your use of the Site, all transactions through the Site, and all related matters are governed solely by the laws of the State of California and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Element ComputersTM and you or any other Person arising from, in connection with, or relating to the Site, this Agreement, any transaction through the Site or any related matters must be resolved before the State of California in the County of Ventura, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
Any claim or cause of action you may have arising from, in connection with, or relating to your use of the Site, this Agreement, any transaction through the Site or any related matters must be commenced in a court of competent jurisdiction in Ventura County, California USA within one year after the claim or clause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
The Publisher makes certain services available to users of the Site who register as members (“Members”). A user can become a Member by logging on and providing a User name and password on the login form available on the Site. The Member must accept these Conditions of Use in order to successfully log-on. A Member will remain a Member until the Publisher receives notification of the Member's intention to terminate the membership. The Member warrants that the Member has provided complete and accurate information at log-on or on the Member's profiles.
Account Passwords Element ComputersTM accounts may be accessed only by use of a unique User ID and password. The use of a password does not restrict access by Element ComputersTM and its service providers to the password-protected materials.
For security reasons, if you are issued a User ID and password you must keep them confidential and not disclose them to any person or permit any other person to use them. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and Element ComputersTM Members must log-out at the end of each session.
You are solely responsible for any use and misuse of your ID and password and for all activities that occur under your User ID and password or under any album password that you may provide to others so that they may access materials you have posted or submitted to the Element ComputersTM System. You must ensure that the use of your account complies with this Agreement.
You must immediately notify Element ComputersTM of any unauthorized use of your User ID or password you have provided to other persons, or if you know or suspect that those passwords have been lost or stolen or become known to any other person.
All User IDs and passwords remain the property of Element ComputersTM, and may be cancelled or suspended at any time by Element ComputersTM without any prior notice or any liability to you or any other person. Element ComputersTM is not under any obligation to verify the actual identity or authority of the User of any User ID or password. If Element ComputersTM, in its sole discretion, considers a password to be insecure, then Element ComputersTM may cancel the password.
You must respond promptly to all email and other correspondence from Element ComputersTM including without limitation email and correspondence concerning complaints or concerns regarding your use of the Element ComputersTM Site and the use of your account.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
Changes due to Errors Element ComputersTM endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, Element ComputersTM reserves the right to change the prices, fees and charges associated with the Site and the goods and services available through the Site at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, Element ComputersTM cannot guarantee that goods or services advertised on the Site will be available when ordered or thereafter. Your use of the Site after such a change has been made constitutes your acceptance to the change.
Termination of Services You may cancel your membership at any time by directing your intentions to
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. Notice is deemed to have been received by the Publisher upon receipt by you of Element ComputersTM ' express acknowledgement of receipt of email transmissions. You agree that your only remedy with respect to any dissatisfaction with any of the Conditions of Use, policies, practices of the Publisher, Site content available through membership or otherwise is to cancel your membership.
Element ComputersTM may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Site or any part of it at any time, for any reason, without any notice to you and without any liability to you or any other person. Element ComputersTM or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Site and any Element ComputersTM membership and account you may have; (ii) suspend or terminate and permanently delete and destroy any User ID, password, URL, IP address or domain name; (iii) remove from the Site and permanently delete and destroy any materials that you or others may have posted or submitted to the Site (and for purposes of this Agreement, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post); (iv) restrict access to the materials posted or submitted to the Site and to any account you may have; and (v) bar you from any future use of the Site; all without any prior notice or any liability to you or any other person.
Element ComputersTM and its service providers are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any materials that you may use or allow others to use in connection with the Site (including materials posted or submitted to the Site) before Element ComputersTM and its service providers take any remedial action that they consider, in their sole discretion, to be appropriate.
If this Agreement is terminated by you or by Element ComputersTM for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Site; (b) Element ComputersTM may immediately remove from the Site and permanently delete and destroy any materials that you or others may have posted or submitted to the Site without any prior notice or any liability to you or any other person; and (c) any fees and charges previously paid by you for unused services will not be refunded.
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