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Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. FixYourPDA.com does not intentionally collect personal information about children under the age of 13. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs and written documentation and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of FixYourPDA.com or its suppliers and protected by
U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing/ Payment and Content Information
Payment may be by Credit Card, Wire Transfer, Money Order and Cashier's Check.
Credit card payments are subjected to fraud screening and additional information may be required to complete your transaction. In some instances, you may be required to provide a photocopy of identification and the credit card used in your order.
Payment by Wire Transfer, Money Order and Cashier's Check will only be processed after funds deposit in our account.
Orders placed within the state of
Nevada will have a 7.75% sales tax added if not added in the shopping cart.
All price(s) posted on the web are for mail orders only.
While FixYourPDA.com strives to provide accurate pricing information, pricing or typographical errors may occur. FixYourPDA.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, FixYourPDA.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, FixYourPDA.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We do our best to provide you with the lowest prices possible on FixYourPDA.com.
FixYourPDA.com does not price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.
Merchandise Content:
FixYourPDA.com attempts to be as accurate as possible in its product descriptions. However, FixYourPDA.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition for an in-store credit or exchange.
Export Policy
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Exchange/ In-Store Credit Policy
Customers must request authorization prior to returning any merchandise to FixYourPDA.
Authorization may be obtained by the following: (email)
email:
sales@fixyourpda.com
FixYourPDA is available to the original purchaser only.
All software sales are final and no refund or exchange(s) for any software.
Shipping and handling charges are non-refundable.
The Customer is responsible for all the shipping charges associated with returning the defective merchandise for exchange or in-store credit.
Unused and unopened
parts and accessories may be returned within 30 days from the date of the original shipment for exchange or in-store credit only.
All parts and labor are warranted against defects in workmanship for 90 days from the date of the original shipment and will be handled by Exchange/ In-Store Credit only.
Exchanges/ In-Store Credits will not be issued for parts or labor more than 90 days old.
All warrantees are voided
if returned product is found to be abused, scratched, mishandled, mislabeled, modified, or altered in any way or not the actual item shipped. All parts are labeled with a tamper resistant label or other method of unique identification.
Customer is responsible for proper packaging of FixYourPDA returns. All warranties will be void on items that are returned inadequately packaged.
Merchandise returned under warranty as defective will be tested. Where the finding is contrary to the complaint a
Technical fee of not more than $25.00 and the return shipping charges will be posted to the relevant account before the item(s) is returned to the customer.
Any wrong, missing, or damaged item must be reported to FixYourPDA.com within 24 hours of receipt via E-mail or fax.
Customers are responsible for paying any shipping charges incurred by refused shipment and undeliverable goods.
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We are not responsible or liable for the loss of any data regardless of how caused. The customer is responsible for backing up all information before the product is sent/ returned for repair or exchange replacement.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by FixYourPDA.com, one of its affiliates or by third parties who have licensed their materials to FixYourPDA.com and are protected by
U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of FixYourPDA.com and is also protected by
U.S. and international copyright laws.
FixYourPDA.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of FixYourPDA.com's or any third party's intellectual property rights.
The FixYourPDA.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of FixYourPDA.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FixYourPDA.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain FixYourPDA.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FixYourPDA.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, FixYourPDA.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FixYourPDA.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. FixYourPDA.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
FixYourPDA.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant FixYourPDA.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify FixYourPDA.com and its affiliates for all claims resulting from any Comments you submit. FixYourPDA.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Colors
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Indemnification
You agree to defend, indemnify and hold harmless FixYourPDA.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or FixYourPDA.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. FixYourPDA.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in FixYourPDA.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or FixYourPDA.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. FixYourPDA.com's right to any Comments shall survive any termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY FIXYOURPDA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIXYOURPDA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FIXYOURPDA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FIXYOURPDA.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE FIXYOURPDA.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
MERCHANDISE CONTENT DISCLAIMER:
PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. FIXYOURPDA.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY FIXYOURPDA.COM.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FIXYOURPDA.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FIXYOURPDA.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIXYOURPDA.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FIXYOURPDA.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of FixYourPDA.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit FixYourPDA.com's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under
Nevada law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of
Nevada and you consent to the exclusive personal jurisdiction of such courts.
© 2008 FixYourPDA.com. All Rights Reserved
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