GoTech360 User Terms and Conditions
Changes to Website and Terms and Conditions. You acknowledge and agree that the Company may change, suspend or discontinue any aspect of the Website, or impose limits on certain features of the Website, at any time without notice or liability to you. Further, you acknowledge and agree that the Company may amend or modify any or all of the Terms and Conditions at any time, at the Company’s sole discretion, without notice. Any amendment or modification of the Terms and Conditions will be reflected on the Website. You are encouraged to review the Terms and Conditions regularly. Your use of the Website constitutes acceptance of the Terms and Conditions, including any amendments thereto. The Terms and Conditions were last revised on April 18, 2016.
Violation of the Terms and Conditions. Without limiting any other provision of these Terms and Conditions, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your access to the Website at our sole discretion. You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to us for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
Eligibility; Registration; Prohibited Acts. Only persons over 18 years of age may purchase Products through the Website. The Company may, at its sole discretion, refuse to accept your registration and may, at any time after accepting registration, refuse to permit your use of the Website for any reason or no reason at all. Tampering with the Website, misrepresenting your identity or conducting fraudulent activities on the Website are prohibited.
Electronic Communications. Your use of the Website constitutes consent to receive electronic communications from us. We will communicate with you by email or by posting notices on the Website. 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.
User Names and Passwords. Upon your registration to use the Website, you will be assigned a unique user name and password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password or other breach of your account security of which you become aware.
User Information. During the registration process you will provide certain information to the Company. You represent and warrant that all information you provide is accurate and complete at the time of registration and agree to update such information as necessary to ensure that such information is at all times accurate and complete.
Data Security. We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access to the information we collect online. However, we cannot and do not warrant or guarantee the absolute safety and security of such information.
Technology Disclaimer. WE DO NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE WEBSITE OR ANY RELATED SOFTWARE, INCLUDING ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Payment. When you order Products using this Website, you authorize a charge to your credit or debit card in exchange for those Products. The price you are required to pay will include sales tax and shipping charges, and you agree to pay such sales taxes unless you provide your state tax-exempt certification prior to your purchase in a form satisfactory to us.
Shipping; Risk of Loss. The Company will deliver all Products, FOB shipping point, to a carrier for transport to the shipping address that the purchaser designates at the time of purchase, with all costs related to handling and transport borne by the purchaser. The purchaser shall bear all risk of loss with respect to the Products from the moment they are delivered to the carrier.
Product Descriptions and Images. The Website attempts to display Product images and to describe the Products accurately. In some instances we are relying on third-party consignors to provide descriptions of Products. However, we cannot guarantee that any Product descriptions are accurate or complete or that the color you see matches the Product color, as the display of the color depends, in part, upon the device you are using. If a Product offered on the Website is not as described, your sole remedy is to return it in the condition in which it was sent to you. We will pay reasonable return shipping costs for Products that are not as described on the Website.
DISCLAIMER OF WARRANTIES. UNLESS OTHERWISE STATED ON A PRODUCT’S PAGE OR DESCRIPTION, ALL PRODUCTS ARE PURCHASED BY THE PURCHASER “AS IS” AND “WITH ALL FAULTS” AND NEITHER THE COMPANY NOR ANY THIRD-PARTY CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCTS. Any affirmation of fact by the Company shall not be deemed to create an express warranty that the Products conform to such affirmation. Employees or representatives of the Company are not authorized to make any statement or representation as to the quality, character, size, condition or quantity of the Products that is inconsistent with these Terms and Conditions. Any such statements will not be binding on the Company or be grounds for any claim.
Hazardous Materials. Some of the Products may contain materials that are or may become, by chemical reaction or otherwise, hazardous to health or property (by reason of toxicity, flammability or explosiveness or for other reasons). You hereby agree to hold the Company and any third-party consignor harmless for any harm directly or indirectly resulting from the presence of such materials, including any harm resulting from the failure of the Company to give more specific warnings with respect to individual Products or from the inadequacy of any warning.
Export and Import Laws. Your use of the Website and purchase of Products are expressly subject to any export or import laws, regulations, orders or other restrictions imposed by the United States government or by any other governmental entity in any relevant jurisdiction (“Export and Import Laws”). You agree to comply with all applicable Export and Import Laws at all times and to not export or re-export or import or re-import, directly or indirectly, any Products or related information to or from any jurisdiction to which such export or re-export or importation or re-importation is restricted or prohibited, or as to which any such government or any agency thereof requires an export or import license or other governmental approval at the time of such export or re-export or importation or re-importation, without first obtaining such license or governmental approval.
Indemnification. You hereby agrees to defend, indemnify and hold harmless the Company and its directors, officers, employees and other agents and representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorney’s fees and expenses and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the Products sold hereunder. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with the Company in any reasonable way, including asserting any available defenses.
Limitation of Liability. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY amount, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNT PAID BY you TO the company TO PURCHASE A PRODUCT. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OF PROFITS, ARISING OUT OF USER’S USE OF OR INABILITY TO USE THE WEBSITE, OR OUT OF ANY BREACH OF WARRANTY, EVEN IF the company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S LIABILITY FOR THE PRODUCTS UNDER ANY THEORY OF LIABILITY SHALL BE LIMITED TO REPAIRING OR REPLACING SUCH PRODUCTS, OR AT THE COMPANY’S OPTION, TO REFUNDING THE PURCHASE PRICE OF SUCH PRODUCTS.
Independent Contractor. The Company is and at all times shall be an independent contractor. Nothing contained herein shall be construed to make the Company a partner, joint venturer or employee of any user of this Website, or cause the Company to be liable for any obligation of any user of this Website.
Force Majeure. The Company shall have no liability whatsoever or lose any rights under these Terms and Conditions as a result of delay or failure in performance caused by any third party, including any Company vendor, or force majeure (i.e., circumstances beyond the reasonable control of the Company, including acts of God, fire, flood, war, terrorist attack, government action, strikes, lockouts or other serious labor disputes, power outages or shortage of or inability to obtain merchandise or equipment).
Assignability. The Company shall be entitled to assign its rights and delegate its obligations hereunder in its sole discretion. Users may not assign their rights or delegate their obligations without the prior written consent of the Company, and any attempted assignment or delegation without such consent shall be void.
Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.
Ownership of Intellectual Property. Nothing on the Website or in these Terms and Conditions shall be construed as granting, by implication or otherwise, any license or right to use any intellectual property displayed on the Website without the written permission of the Company or the third party that may own such intellectual property.
Severability. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, such provision shall be fully severable and these Terms and Conditions shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions.
Governing Law; Jurisdiction. These Terms and Conditions are governed by the laws of the State of California without regard to choice-of-law provisions. You hereby consent to the exclusive jurisdiction and venue of state courts located in San Mateo County, California and the federal district court for the district of Northern California for all disputes arising out of or relating to these Terms and Conditions or your use of this Website.
Attorneys’ Fees. In the event any party institutes legal proceedings to enforce these Terms and Conditions, the prevailing party shall be entitled to the award of attorneys’ fees and court costs, plus cost of executing, enforcing and/or collecting any judgment at all trial and appellate levels.