Agreement between User and MacHotDeals.com

 

Welcome to MacHotDeals.com. The MacHotDeals.com website is comprised of various web pages operated by DeviceLand (“DeviceLand”). MacHotDeals.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of MacHotDeals.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

MacHotDeals.com is an E-Commerce Site.

Privacy

Your use of MacHotDeals.com is subject to DeviceLand’s Privacy Policy. DeviceLand’s privacy commitments are fundamental to the way we do business every day. This applies to the information you voluntarily provide to us and applies to everyone who has a relationship with DeviceLand– including customers, vendors, job applicants, employees, and website visitors. By using DeviceLand.com, you are agreeing to all terms and conditions.

Information we take may include what we receive from you on credit applications, job applications, insurance or other applications, and background check or drug test consent forms. The information collected may include, but is not limited to, financial information, social security numbers, driver’s licenses, addresses, and medical information.

We will not sell your personal information to anyone, for any purpose. We do not disclose nonpublic personal information to anyone, except as permitted by law and for legitimate business purposes. The limited circumstances under which we are permitted by law to disclose personal information include: information necessary to service or process a product or service that you requested or authorized; to your legal representative; in response to a subpoena; to comply with federal, state, or local laws; and to protect against fraud. We are also permitted to disclose information to companies that perform services for us and with whom we have a non-disclosure agreement. For instance, we may have service providers with whom we contract certain financial services or that store files.

To protect your privacy, we collect only relevant information and make every effort to keep personal information safe. All of our employees are required to respect your privacy. We do not provide access to any employee who has not agreed to our non-disclosure policy. We maintain physical, electronic, and procedural safeguards that comply with state and federal regulations to guard your personal information.

Electronic Communications

Visiting MacHotDeals.com or sending emails to DeviceLand constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DeviceLand is not responsible for third party access to your account that results from theft or misappropriation of your account. DeviceLand and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

DeviceLand does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use MacHotDeals.com only with permission of a parent or guardian.

Cancellation/Refund Policy

All new products carry their own manufacturer’s warranty.

Any new unopened product may be refunded or exchanged within 10 days of the original purchase date with a 10% restocking fee. Opened items may be returned within 10 days subject to a 15% restocking fee and must be in new, unused condition with all original undamaged packing materials. Speciality ordered items may be returned within 10 days subject to a 25% restocking fee. Printers with opened ink or toner are subject to a 30% restocking fee. Batteries, cables, screen protectors, single-use products, software, in-ear or over-ear headphones, open box, sale & clearance items are not returnable. Labor & Training costs are not refundable. No refunds or exchanges after 10 days of original purchase date. No in-store cash refunds on purchases over $100. DeviceLand will refund any sale over $100 by check mailed to customer within 7 to 10 business days.DeviceLand guarantees all labor and parts for a period of 90 days from the date of completion of the repair.

Service

DeviceLand will not be liable for any damage caused by fire, theft, accident, or any other cause, which is beyond its control. Any device not picked up by customer within 7 days of repair or quote of repair is subject to a $7.00 a day per item storage charge. Any device not picked up within 30 days becomes property of the company and are subject to sale. The customer will be responsible for repair/storage costs until paid in full. DeviceLand is not responsible for any data loss or damage done on devices for checked in for repair. DeviceLand is unable to control the speed of shipments for parts for repairs on devices if part not in stock. DeviceLand recommends that customers back up all data prior to checking a computer in for any service or repair. DeviceLand makes no warranty as to the success of any recovery or backup attempt whatsoever.

Links to Third Party Sites/Third Party Services

MacHotDeals.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DeviceLand and DeviceLand is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DeviceLand is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DeviceLand of the site or any association with its operators.

Certain services made available via MacHotDeals.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the MacHotDeals.com domain, you hereby acknowledge and consent that DeviceLand may share such information and data with any third party with whom DeviceLand has a contractual relationship to provide the requested product, service or functionality on behalf of MacHotDeals.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use MacHotDeals.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DeviceLand that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DeviceLand or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DeviceLand content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DeviceLand and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DeviceLand or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by DeviceLand from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DeviceLand Content accessed through MacHotDeals.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless DeviceLand, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DeviceLand reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DeviceLand in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEVICELAND AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

DEVICELAND AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DEVICELAND AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVICELAND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEVICELAND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

DeviceLand reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DeviceLand as a result of this agreement or use of the Site. DeviceLand’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DeviceLand’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DeviceLand with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DeviceLand with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DeviceLand with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

DeviceLand reserves the right, in its sole discretion, to change the Terms under which MacHotDeals.com is offered. The most current version of the Terms will supersede all previous versions. DeviceLand encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

DeviceLand welcomes your questions or comments regarding the Terms:

 

DeviceLand

20790 Hawthorne Blvd

Torrance, California 90503

 

Email Address:

sales@amsus.com

 

Telephone number:

(310) 357-4400

 

Effective as of June 18, 2018