- Terms and Conditions of Use
Terms and Conditions of Use
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Terms and Conditions of Use (TCUS)
The following are the rules that govern the use of the ServerMark.net website (the "Site") and the products and services that we may offer, including without limitation, product directory, product listings, and links to other websites. By using the Site, you agree to be bound by these Terms and Conditions of Use Statement (the "TCUS"), including but not limited to the Privacy Policy and other usage guidelines and rules that may be posted from time to time, all of which are incorporated herein for reference, and to follow the TCUS and all applicable laws and regulations governing the Site. If you do not agree to these TCUS, do not enter or use the Site. ServerMark (the "Company") may update the TCUS periodically. It is your responsibility to check this page from time to time for changes and updates. Your use of the Site following any posted change(s) to the TCUS will be deemed an acceptance of all change(s). Individuals who are thirteen and under are strictly and expressly prohibited from posting any personally identifiable information about themselves. This Site is not intended for use by persons who are thirteen and under.
Site Access Rights and License
ServerMark (the "Company") hereby grants you a non-exclusive right and license to browse and access the Site for personal, non-commercial purposes other than to purchase items for your own use or resale through the Site. This license does not, in any way, include and strictly prohibits:
The Site in its entirety, including its operations, interface and contents, is covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, maliciously visited, or otherwise exploited for any unauthorized commercial purpose without the express prior consent of the Company.
Any use of the Site deemed unauthorized shall immediately result in the termination of the license and rights granted by the Company and may subject you to civil and/or criminal prosecution.
You are being granted a limited, revocable, and non-exclusive right to create hyperlinks to any page of the Site as long as the link does not display the Site, the Company, its affiliates, subsidiaries, Licensors, co-brand partners and other partners or its respective products and services in a false, misleading, derogatory, or otherwise offensive or damaging manner.
You may not use any ServerMark Licensor, affiliate, subsidiary, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the site without first obtaining the express and written consent of the Company, the subsidiary, affiliate, co-brand partner or other partner or Licensor.
Product Listings and Content
ServerMark strives for accuracy in all its items’ descriptions, photographs, compatibility references, titles, pricings, links, and other product-related information contained on the Site. The Company does not guarantee and does not warrant that the product titles, descriptions, pricing, editorial comments or any other content on the Site, regardless of source, is accurate, reliable, complete, current, up-to-date or error-free.
The content provided on the Site is for informational purposes only and does not constitute an endorsement by the Company of any product, service, manufacturer, reseller or any other entity. The Company does not, in any way, assume any responsibility or liability for product content, title, description, specification or pricing errors, inaccuracy, or incompleteness. In the event a product or service listed on the Site has incorrect information or incorrect pricing due to some typographical, informational, technical or other error, the Company shall, at its sole discretion, have the right to refuse and/or cancel any order of the said product or service and immediately amend, correct and/or remove the inaccurate information.
Links To Other Sites and Other Businesses
To assist users in their buying decisions, the Site has posted links to other sites of manufacturers, third-party blog sites, product review sites, affiliated companies, partner sites, and other sources. These links are provided solely for informational purposes and do not, in any way, constitute an endorsement by the Company of the content of the third-party sites nor of the business practices of such (hyperlinked) other businesses, entities or individuals.
The Company assumes no responsibilities towards examining or evaluating such content or businesses and does not, in any way, warrant or claim responsibility for the products, services, offerings, or business practices of any of these businesses entities or individuals or the content on their website(s). It is your responsibility to review their terms and conditions and privacy statements and other conditions of use.
The Company possesses no control over the (hyperlinked) businesses or their business practices. We do not control the quality, safety, or legality of items listed on the hyperlinked websites nor do we control any business transactions on these hyperlinked websites.
IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND ANY HYPERLINKED WEBSITE THROUGH ServerMark.net (THE "SITE"), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HOLD HARMLESS AND RELEASE ServerMark, INC (THE "COMPANY"), ITS AFFILIATES, ITS SUBSIDIARIES, PARTNERS, OR OTHER THIRD PARTIES UNDER CONTRACT WITH THE COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM ALL CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor".
Trademarks
The ServerMark trademarks, service marks, logos, graphics (the "Trademarks") that appear on ServerMark internet Site are registered trademarks of ServerMark, Inc. Any use of or linking to ServerMark Trademarks or to ServerMark Site(s) must comply with the terms and conditions as stated in the Terms and Conditions of Use Statement (TCUS).
You cannot purchase the ServerMark name, trademark, language syntax, create any derivatives of it, or purchase keywords to re-direct traffic to competing businesses.
Order Acknowledgement
When you receive any communication from the Site acknowledging your order, this order acknowledgment is not a contract and does not constitute an acceptance of your order but only serves as a record of your offer to purchase a particular item at a particular price.
After you place an order, ServerMark will determine whether or not to fulfill the order. ServerMark may refuse or limit the order for any reason not necessarily disclosed by the Company.
By placing an order, you agree to accept all Terms and Conditions (TCUS) set forth anywhere on the Site, including ServerMark Terms and Conditions of sale. ServerMark reserves the right to accept, refuse, or limit your order for any reason, including but not limited to, credit review, the unavailability of a product, or errors in prices and product descriptions posted on the Site.
By placing your order, you agree that ServerMark’ total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to ServerMark for the product. ServerMark’ liability excludes shipping and handling costs, which always remain non-refundable.
Prices
All prices quoted on the Site are in US Dollars. All prices are exclusive of taxes, duties, customs clearing or forwarding charges for international orders, freight and handling charges. Sales tax is applicable on all products sold to Californian customers. If you are a California reseller, please provide us with a valid resale tax exemption certificate. Provision of this document is essential to waive off California Sales Tax. Inability to do so invalidates all tax exemptions you may be eligible for.
Delivery Issues
Shipment of all products shall be FOB ServerMark warehouse unless otherwise indicated.
In the event of damage, delay or loss due to the mishandling in transportation, customers shall deal directly with the common freight carrier.
Customers can provide special shipping instructions to the company at the time of order placement. If no specific instructions are given, the company will select the most reasonable shipping method to ensure the best possible delivery to the customer. ServerMark, under no circumstances, will be liable for delay or damage or for any freight-related issues. In the event of a shipment delay due to the customer (in any possible way), ServerMark will store all ordered products at the customer's risk and expense.
Risk Of Loss
Any risk of loss or damage to products will be passed to the customer, customer's agent, and/or freight carrier in the case of FOB shipping arrangement.
Order Cancellation
Orders accepted by ServerMark can NOT be subjected to change or cancellation by a customer without the written consent of ServerMark or its authorized agents.
A minimum handling fee of the greater of $25 or fifteen percent (15%) of the value of merchandise will be applied to all orders changed or cancelled.
Email cancellation request will not be accepted. To change or cancel any order, you must call us at 1-800-821-3354, Monday - Friday 9:00AM - 4:30PM.
In the event of a significant back order status for an order or the non-availability of products, ServerMark, at its own discretion, may void or cancel an order.
When placing orders on our website, please be aware and understand that not every item will be available or in stock. Based on the availability of each item, ServerMark will cancel orders if the item is not available or in stock. We apologize for any inconvenience this may cause.
If ServerMark does no longer carry an item that is sent in for replacement or if that item is simply out of stock, the item will be sent to our RMA Department. You will be offered two options:
Jurisdiction and Venue
Should legal action commence to interpret or enforce the terms of this Agreement, jurisdiction and venue shall be in the Municipal or Superior Courts of the County of Orange, State of California, and/or in the United States District Court, Central District of California, or elsewhere upon mutual agreement of all parties.
Governing Law
All questions with respect to the construction of this Agreement and the rights and liabilities of the parties hereunder shall be determined in accordance with the applicable provisions of the law of the State of California, without giving effect to the choice of law principles.
Attorney's Fees
If any legal action or any arbitration or other proceedings are brought for the interpretation or the enforcement of this Agreement or the rights of the parties, with regard to this Agreement and/or any related agreement or because of an alleged dispute, breach, or default, the successful or prevailing party shall be entitled to recover its reasonable attorney's fees and expenses and any costs associated with any enforcement proceedings.
Dropship Requests for Product by Customers
In the event where a customer requests ServerMark to ship a product to a third party, both the customer and the final recipient third party will be bound by the terms of this Agreement.
Conflicting Terms
All orders accepted by ServerMark shall be subjected to the TCUS. Any terms and conditions presented in the orders placed by a customer, which are in conflict with the TCUS, will be inapplicable without the written approval of ServerMark.
Confirmation
Customers’ use of the Site will constitute receipt of the TCUS contained herein. Without prompt written objection thereto or an acceptance of any of the products covered by a customer's order that is hereby confirmed shall constitute an acceptance of all terms and conditions set forth on the Site.
Purchase Money Security Interest
Upon delivery and acceptance by the customer, as a security for the due and punctual payment of all sums payable thereunder or under any purchase order from the customer to ServerMark, the customer hereby grants ServerMark a “Continuing Purchase Money Security Interest” in all products and any proceeds thereof in which the customer now has or thereafter has any right to title or interest.
Customers shall join with ServerMark at ServerMark’ request, from time to time, in executing financing statements, amendments thereto and continuation statements, and pay the cost of the filing of the same whenever ServerMark deems desirable; execute and deliver to ServerMark all the documents and instruments; and do such other acts and things ServerMark may reasonably request in order to effectuate fully the purpose of this grant of Security Interest. In the event the purchaser is in default under the security agreement provided herein, the Company shall have all rights and remedies provided by the law.
Patents
ServerMark makes no representation whatsoever regarding any intellectual property rights it may or may not have in any product or service listed for sale on the Site.
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