|
TERMS AND
CONDITIONS
TekHut and its affiliates provide their services to you subject to the following
conditions. If you visit or shop at TekHut.com, you accept these conditions
along with our Privacy Policy. Please read
both carefully. In addition, when you use any current or future TekHut
service or visit or purchase from any business affiliated with TekHut.com,
whether or not included in the TekHut website, you also will be subject to the
guidelines and conditions applicable to such service or business.
GENERAL
Pricing and availability are subject to change without notice. If for any
reason, we are out of stock of your ordered product, we will contact you via
email at the address provided for your account. TekHut has no liability in
cases arising from typographical errors and reserves the right to cancel any
order without assigning any reason. Every effort has been made to ensure the
accuracy of information regarding product use and specification and TekHut is
not responsible for errors contained therein. Similarly, every effort has been
made to ensure the accuracy of product photos. TekHut is not responsible for
any errors contained therein.
PAYMENT
We accept payment by Visa, Master Card and American Express.
There is no surcharge for use of credit cards and your card will be billed only
after the product has been shipped.
COLLECTION FEES
Customer agrees to pay all collection fees, including attorney's fees and
accounting costs, if such are required.
ELECTRONIC COMMUNICATIONS
When you visit TekHut or send emails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by email or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included in this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of TekHut and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property of
TekHut. All software used on this site is the property of TekHut and protected
by United States and international copyright laws.
LICENSE
AND SITE ACCESS
TekHut grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of TekHut. This license does not
include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; and downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering or extraction tools. This site or any
portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited or otherwise exploited for any commercial purpose without prior express
written consent of TekHut. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of TekHut and our affiliates without prior
express written consent. You may not use any meta tags or any other "hidden
text" utilizing TekHut's name or trademarks without the prior express written
consent of TekHut. Any unauthorized use terminates the permission or license
granted by TekHut. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of TekHut.com so long as the link does
not portray TekHut or TekHut.com, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive manner. You may not
use any TekHut logo or other proprietary graphic or trademark as part of the
link without prior express written permission.
YOUR
ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. TekHut does sell products for children, but it sells them to
adults, who can purchase with a credit card. If you are under 18, you may use
TekHut only with the involvement and approval of a parent or guardian. TekHut,
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders at their sole discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation. You may not use a false email address,
impersonate any person or entity, or otherwise mislead as to the origin of
content. TekHut reserves the right (but not the obligation) to remove or edit
such content, but does not regularly review posted content. If you do post
content or submit material, and unless we indicate otherwise, you grant TekHut
and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sub licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such content
throughout the world in any media. You grant TekHut and its affiliates and sub
licensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify
TekHut or its affiliates for all claims resulting from content you supply.
TekHut has the right but not the obligation to monitor and edit or remove any
activity or content. TekHut takes no responsibility and assumes no liability
for any content posted by you or any third party.
UNSOLICITED COMMERCIAL EMAIL
No email address provided or displayed on this site may be used for the
purposes of unsolicited commercial email (UCE) or SPAM. Offenders will be
prosecuted to the fullest extent of the law and will be responsible for all
fines and penalties plus all costs associated with identification and
prosecution.
RISK OF
LOSS
All items purchased from TekHut are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon delivery
to the carrier.
PRODUCT
DESCRIPTIONS
TekHut and its affiliates attempt to be as accurate as possible. However,
TekHut does not warrant that product descriptions or other content of this site
is accurate, complete, reliable, current or error-free. If a product offered by
TekHut itself is not as described, your sole remedy is to return it in unused
condition.
OTHER
BUSINESSES
Parties other than TekHut and its subsidiaries operate stores, provide
services, or sell product lines on this site. In addition, we provide links to
the sites of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant the offerings of
any of these businesses or individuals or the content of their Web sites.
TekHut does not assume any responsibility or liability for the actions,
products, and content of all these and any other third parties. You should
carefully review their Privacy Statements and other Conditions of Use.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TEKHUT ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEKHUT
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TEKHUT DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEKHUT DOES
NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM TEKHUT ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. TEKHUT WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting TekHut.com, you agree that the laws of the state of California,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and TekHut or
its affiliates.
DISPUTES
Any dispute relating in any way to your visit to TekHut.com or to products you
purchase through TekHut shall be submitted to confidential arbitration in
Livermore, California, except that, to the extent you have in any manner
violated or threatened to violate TekHut's intellectual property rights, TekHut
may seek injunctive or other appropriate relief in any state or federal court
in the state of California, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as judgment in any court of competent
jurisdiction. To the fullest extend 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.
SITE
POLICITES, MODIFICATIONS, AND SEVERABILITY
Please review our other policies posted on this site. These policies also
govern your visit to TekHut.com. We reserve the right to make changes to our
site, policies, and these Terms & Conditions at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of the remaining conditions.
|