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Your use of the computerultra.com web site (the “Site”) is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services. These terms and conditions may be changed by computerultra.com, corporation. in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the computerultra.com web site following any amendments will constitute agreement to such amendments. These Terms of Service were last revised on March 28, 2000.
©1999 Computer Ultra Corporation. All rights reserved. All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, and the compilation of this content are the property of computerultra.com, Inc. or its content suppliers and protected by Canada and international copyright laws. All software used on this site is the property of computerultra.com, Inc. or its software suppliers and protected by Canada. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
Computerultra.com and the computerultra.com Logo are service marks of computerultra.com, Inc. in the Canada and other countries. Computerultra.com's service marks may not be used in connection with any product or service that is not provided by computerultra.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits computerultra.com, corporation. All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between computerultra.com and these companies.
If you wish to license or make purchases of products or services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to computerultra.com will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.
Due to the fast pace of the computer and consumer products industries, all prices are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information. Despite our best efforts, a small number of the items on our web site may be mis-priced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, computerultra.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish. While we make every attempt to verify prices before charging your credit card, computerulra.com shall have the right to refuse or cancel any orders placed on mis-priced product whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, computerultra.com shall immediately issue a credit to your credit card account in the amount of the incorrect price. We believe that day-in, day-out, our pricing is very attractive relative to our competition. Combined with our product assortment, product availability and service level, we believe that we offer a compelling shopping experience. With that in mind, we do not “match” competitor’s pricing, offer price protection, or provide “quantity quotes."
The advertisement of any product on this site does not constitute an offer to sell. Your order or 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 our offer to sell. Computerultra.com reserves the right at any time after receipt of your order to accept or decline your order. Computerultra.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item in accordance with our order limitation policy. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verifications or information before accepting any order.
Given the popularity of some products, computerultra.com may at times have to restrict the number of such items that you may purchase. It is computerultra.com’s policy to limit purchase quantities to 5 (of an item) per household or business within a four week period. If you have ordered more than this quantity, we will let you know if we can accommodate your request.
Software packages for all scanners and printers are subject to change without notice.
All new products and services available for order through the Site are distributed on behalf of third-party suppliers (“Suppliers”), unless otherwise indicated, and are sold with the Supplier’s limited warranty. The warranty periods and service varies by Supplier and product. The full text of any such warranty is available, free of charge, upon written request addressed to computerultra.com, Inc., ____________ Attn: Manufacturer's Warranty Request. Certain optional extra protection may be available at additional cost. Except for the computerultra.com Return Policy, all of your rights and remedies with respect to your order, purchase, possession, and use of the products and services and all maintenance, update, warranty, liability, and any other obligations related to the products and services, if any, shall be governed by the applicable policies and procedures of the Suppliers.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY COMPUTER ULTRA CORPORATION. COMPUTER ULTRA CORPORATION DOES NOT WARRANT THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPUTER ULTRA CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT PURCHASED IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE COMPUTER ULTRA CORPORATION RETURN POLICY, COMPUTER ULTRA CORPORATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES (“SERVICE PROVIDERS”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL. WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD OR DISPLAYED ON COMPUTER ULTRA CORPORATION SITE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF COMPUTER ULTRA CORPORATION AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although Computer Ultra Corporation attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform Computer Ultra Corporation so that it can be corrected. Price and availability of products and services offered on the Site are subject to change without prior notice. To the extent we provide information on availability of products or services, you should not rely on such information. Computer Ultra Corporation will not be liable for any lack of availability of products and services you may order through the Site.
Computerultra.com makes no representations or warranties, either express or implied, of any kind with respect to the Year 2000 compatibility of products sold on the Site. Computerultra.com expressly disclaims all warranties, express or implied, of any kind with respect to the year 2000 compatibility of products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. The sole and exclusive maximum liability to Computerultra.com corp. arising from any product sold on this site shall be the price of the product ordered. In no event shall Computerultra.com corp., its directors, officers, employees and representatives be liable for special, indirect, consequential, or punitive damages relating to the Year 2000 compatibility of products sold.
Computerultra.com retains title to items purchased until the said purchaser pays for items at which time the title passes to purchaser.
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. Coputerultra.com reserves the right to limit the availability of the Site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Site is void where prohibited. This site is controlled and operated by computerultra.com, Corp. from its offices within the Province of Ontario, Canada. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable. If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Also, some products are not available for sale to schools. Computerultra.com only ships within the 12 Provinces. Please click here for a list of our Non-Deliverable Addresses.
Transactions between you and computerultra.com shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to the laws regarding conflicts of law. Any litigation regarding this agreement or any transaction between customer and computerultra.com shall be brought in the state or federal courts located in Ontario County, Ontario and the customer hereby agrees and submits to such jurisdiction and venue as proper.
If any provision of this agreement shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions. This agreement
constitutes the entire agreement between the parties relating to the subject
matter herein and cannot be modified except in a written agreement signed
by both parties. Any heading, caption, or paragraph title contained in
this Agreement is inserted only as a matter of convenience and in no way
defines or explains any paragraph or provision hereof. |
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