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TeacherGeek Inc. Terms and Conditions of
Use PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT")
VERY CAREFULLY.
TERMS AND
CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING
OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY TeacherGeek Inc.
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract You agree to this User
Agreement, and all of its terms and conditions, by visiting, browsing,
shopping, accessing or otherwise using the Site. These terms and
conditions are subject to change without prior notice at any time, in
TeacherGeek Inc.'s sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to
the Site, the Customer accepts that change. Customers should check this
User Agreement and the Privacy Pledge frequently
Acceptance of Contract
Terms This User Agreement, and all of its
terms and conditions, constitute a legal contract between you and
TeacherGeek Inc. (References to "you" or "your" shall relate to a customer
of TeacherGeek Inc. or other party that visits, browses, shops, accesses or
otherwise uses the Site (the "Customer"); references to "TeacherGeek Inc."
shall relate to TeacherGeek Inc. and its affiliates.) By visiting,
browsing, shopping, accessing or otherwise using this site ("Site"), you
acknowledge that you have read, understood, and agree to be bound by this
User Agreement and comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations. If you
do not agree to this User Agreement, as it may be changed by
TeacherGeek Inc. from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to,
United States copyright law and international treaties. This Site is
controlled and operated by TeacherGeek Inc. from its offices within the
United States. TeacherGeek Inc. makes no representation that materials in
the Site are appropriate or available for use in other locations, and
access to them from territories where their contents are illegal is not
authorized. Those who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance with
applicable local laws. Any claim relating to, and the use of, this Site
and the materials contained herein is governed by the laws of the state of
VI without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in MONROE County,
VI to hear any such claims.
Access, Interference and
Linking TeacherGeek Inc. grants you a
limited license to access and make personal use of the Site and not to
download (other than page caching) or modify it, or any portion of it,
except as provided below under "Use Restrictions," or with express written
consent of TeacherGeek Inc.. The following activity on the Site is
expressly prohibited: Any non-personal or commercial use of any robot,
spider, other automatic device, or manual process to monitor or copy
portions of the Site or the content contained herein without prior written
permission by TeacherGeek Inc.; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant
that supplies products competitive with or comparable to those offered on
the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use terminates the license
granted by TeacherGeek Inc.. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so
long as the link does not portray TeacherGeek Inc., its affiliates, or
their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any TeacherGeek Inc. logo or
other proprietary graphic or trademark as part of the link without express
written permission. TeacherGeek Inc. does not review or control
third-party sites that link to or from the Site, and is not responsible
for the contents of any third-party sites linked to or from the
Site.
Use Restrictions The copyright in all material provided on this Site is
held by TeacherGeek Inc. or by the original creator of the material. Except
as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of TeacherGeek Inc. or the copyright owner. Permission
is granted to display, copy, distribute and download the materials on this
Site for personal, non-commercial use only, provided you do not modify the
materials and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates automatically if
you breach any of these terms or conditions. Upon termination, you must
immediately destroy any downloaded or printed materials. You also may not,
without TeacherGeek Inc. 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any
material contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations
and statutes. All trademarks and registered trademarks are the sole
property of their respective owners. Photographs courtesy of respective
manufacturers. TeacherGeek Inc. and the Circle of Service logo are
trademarks of TeacherGeek Inc. Copyright © 2002 TeacherGeek Inc..
Microsoft and the Passport Logo are either
registered trademarks or trademarks of Microsoft Corporation in the United
States and/or other countries and are used under license from
Microsoft.
Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL TeacherGeek Inc. BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF TeacherGeek Inc. OR A
TeacherGeek Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration By accessing the Site and using the information therein
available and/or by purchasing any products or services made available
through this Site, you agree with TeacherGeek Inc., its service providers,
agents, employees, successors, assigns, affiliates, parents, subsidiaries
and any content provider or offer or of goods or services on this Site or
through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE
USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF
THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS
OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the
Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the
time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling
1-800-753-9448. Notwithstanding any choice of law provision included in
this User Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in
the jurisdiction where enforcement of the award is sought). Hearings shall
be held as provided by the Code and if any In-person Hearing is required,
it shall be held in Brockport, VI. Each party shall bear its own
cost of any legal representation, discovery, or research required to
complete arbitration.
Privacy Please review our Privacy Notice, which also governs your
visit to 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. If you are under 18, you may
use the Site only with a parent or guardian. TeacherGeek Inc. reserves the
right to refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion.
Communications to
TeacherGeek Inc. Any communication or
material you transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like is, and
will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by TeacherGeek Inc. for any purpose, including
but not limited to reproduction, disclosure, transmission, publication,
broadcast, and posting. Furthermore, TeacherGeek Inc. is free to use any
ideas, concepts, know-how, or techniques contained in any communication
you send to TeacherGeek Inc. or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products using such information.
Copyright Complaints If you believe that your work has been copied in a way
that constitutes copyright infringement, please
contact: TeacherGeek Inc. 68 Lacey Lane Brockport VI,
14420 Fax: 480-247-4986 Email: sales@teachergeek.com
Disagreement with These Terms and
Conditions If you disagree with any of
the terms and conditions of this User Agreement, please do not visit,
browse, shop, access or otherwise use this Site.
TeacherGeek Inc. Terms and Conditions of
Sale
PLEASE READ THESE TERMS AND CONDITIONS OF
SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS
SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER
HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH TeacherGeek Inc.. IN
WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract This Sale Agreement is a legal
contract between the Customer and TeacherGeek Inc.. The Customer accepts
this Sale Agreement by making a purchase, placing an order, or otherwise
shopping on the Site. (References to "you" or "your" shall relate to the
Customer; references to "TeacherGeek Inc." shall relate to TeacherGeek Inc.
and its affiliates.) The terms and conditions of this Sale Agreement are
subject to change without prior notice, except that the terms and
conditions posted on the Site at the time the Customer initially places or
modifies an order will govern the order in question.
This Sale Agreement constitutes the entire
agreement between the Customer and TeacherGeek Inc. relating to the
purchase or sale of goods or services on the Site. The Sale Agreement may
only be modified or terminated with regard to goods or services that have
been purchased or sold on the Site in a writing signed by TeacherGeek Inc..
Electronic records (including signatures), that are otherwise valid, shall
be accepted under the Sale Agreement. The Customer consents to receiving
electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to
receiving electronic records or have the record provided in non-electronic
form by contacting TeacherGeek Inc. at the address provided
below.
In the event of any conflict between the terms
and conditions stated on your purchase order and this Sale Agreement or
any terms and conditions on our invoice, you agree that the provisions of
this Sale Agreement and our invoice shall control.
Governing Law THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED
BY THE LAWS OF THE STATE OF VI, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN MONROE COUNTY, VI FOR PURPOSES OF ANY SUIT,
ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss Title to goods herein being purchased is retained by the
seller until goods are paid for by the purchaser and at that time title
passes to the purchaser. Loss or damage that occurs during shipping by a
carrier selected by TeacherGeek Inc. is TeacherGeek Inc.'s responsibility.
Loss or damage that occurs during shipping by a carrier selected by
Customer is Customer's responsibility. Title to software will remain with
the applicable licensor(s).
Export Sales If goods herein being purchased are being purchased for
purposes of export, the Customer must obtain from the federal government
certain export documentation before shipping to a foreign country. In
addition, manufacturers' warranties for exported goods may vary or even be
null and void for goods exported outside the United States. The Customer
should inquire further regarding any questions. Any and all liability is
only for the products purchased.
General Legal Disclaimer TeacherGeek Inc. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
TeacherGeek Inc. IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S
WARRANTY, IF ANY.
Internet Disclaimer Internet connectivity requires access services from an
Internet access provider. Contact your local access provider for rates,
terms and conditions.
56K Disclaimer 56K modems are capable of 56Kbps downloads, however,
current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer All products sold by
TeacherGeek Inc. are third party products and are subject to the warranties
and representations of the applicable manufacturers, including but not
limited to Y2K compliance. Accordingly, TeacherGeek Inc. makes no
representation or warranty with respect to the Y2K compliance of products
sold.
Pricing and Information
Disclaimer All pricing subject to change.
For all prices, products and offers, TeacherGeek Inc. reserves the right to
make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and
other extenuating circumstances. High volume bids are welcome! While
TeacherGeek Inc. uses reasonable efforts to include accurate and up-to-date
information on the Site, TeacherGeek Inc. makes no warranties or
representations as to the Site's accuracy. TeacherGeek Inc. assumes no
liability or responsibility for any errors or omissions in the content on
the Site.
Limitation of Liability TeacherGeek Inc. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS
OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
TeacherGeek Inc. WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, TeacherGeek Inc. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT,
TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from
or relating to this Sale Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this
Sale Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Sale
Agreement), TeacherGeek Inc.'s advertising, or any related purchase SHALL
BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is
filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208
or as codified in the jurisdiction where enforcement of the award is
sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Brockport, VI.
Judgment on the award rendered by the arbitrator(s) may be entered by any
court having jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest;
Taxes Orders are not binding upon
TeacherGeek Inc. until accepted by TeacherGeek Inc.. Terms of payment are
within TeacherGeek Inc.'s sole discretion. Invoices are due and payable
within the time period noted on the invoice, measured from the date of the
invoice. TeacherGeek Inc. may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate
allowed by law. The Customer is responsible for sales and all other taxes
associated with the order.
Freight Policy Shipping and handling charges on all orders vary; contact
your TeacherGeek Inc. account manager for our most current and competitive
rates, options and shipping specials. For the Customer's protection, we
ship only to the verified billing address of the Customer's credit card.
In some circumstances, international shipping may be available. Call for
details.
Return Policy The following refund policy applies to all products
except those stating their own refund policy with the product
description:
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TeacherGeek Inc. offers a 30 days return
policy on selected items based on manufacturer return policies. For
further information not listed, please contact your TeacherGeek Inc.
account manager. |
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Please e-mail our
Returns Department at sales@teachergeek.com to obtain a Return Merchandise
Authorization (RMA) number before shipping your product. NO returns
of any type will be accepted without an RMA number. For faster
service, please have the following information on hand when calling
for an RMA number: customer name, invoice number, serial number and
nature of the problem. |
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All products returned
MUST: be 100 percent complete, contain ALL original boxes and
packing materials, have original UPC codes on the manufacturer
boxes, contain all manuals, blank warranty cards and other
accessories and documentation provided by the manufacturer.
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You are responsible
for shipping charges on returned items; TeacherGeek Inc. will match
your shipping method on your replacement or exchange item(s).
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TeacherGeek Inc.
strongly recommends you fully insure your return shipment in case it
is lost or damaged and you use a carrier that can provide you with
proof of delivery for your protection. |
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If merchandise
arrives damaged: it is best to REFUSE it back to the carrier
attempting delivery. If you accept the package make sure it is noted
on the carrier's delivery record in order for TeacherGeek Inc. to
file a damage claim. Save the merchandise AND the original box and
packing it arrived in, notify TeacherGeek Inc. immediately to arrange
for a carrier inspection and a pick up of damaged merchandise. If
you do not notify TeacherGeek Inc. of damaged goods within the first
15 days of arrival, our regular return policy will override any
claim of damage, and will fall under all current manufacturer
restrictions. E-Mail sales@teachergeek.com or your TeacherGeek Inc. account
manager to arrange for carrier inspection and a pick up of damaged
merchandise. |
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DEFECTIVE returns can
be returned directly to TeacherGeek Inc. within 30 days
from the invoice date, at TeacherGeek Inc.'s discretion for: credit,
replacement, exchange or repair. |
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Manufacturer
restrictions do apply and are outlined in our detailed policy. Any
item that is missing the UPC can ONLY be replaced with the same
item. After 30 days, all manufacturers' warranties
apply. |
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NON-DEFECTIVE returns
can be accepted directly by TeacherGeek Inc. within 30
days from the invoice date, at TeacherGeek Inc.'s discretion for:
credit, exchange. All NON-DEFECTIVE returns are subject to a
15 percent restocking fee. |
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Due to manufacturers'
policies, TeacherGeek Inc. cannot accept returns of the following
items for exchange, replacement or credit FOR ANY REASON:
(TeacherGeek Inc. exceptions). DEFECTIVE merchandise can be returned
for REPAIR ONLY to: TeacherGeek Inc., the manufacturer direct or any
authorized service center in your area. Additional manufacturers may
be added to this list as: manufacturer policies change, manufacturer
goes out of business or in the case of specially ordered items.
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TeacherGeek Inc. reserves the right to authorize
product returns beyond 30 days from the invoice date.
Original
shipping charges are refunded on returned items. Customers
are responsible for all shipping charges back to TeacherGeek Inc. on
returned items, and TeacherGeek Inc. will pay the shipping charges on the
replacement or exchange item(s) going back.
Credit Cards Credit card charges are processed online after ordering
the products and/or services. |