Last Revised: Feb 15, 2016
The Site is intended for use by business customers of TigerDirect and may not be available at all times or in all areas. We may permit you to register for services, and/or deny service to you, at any time and in our sole discretion, including without limitation, in the event you do not adhere to the Rules of Conduct set forth below. We reserve the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; and/or (c) modify or waive any fees charged in connection with the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after any such changes will indicate your acceptance of such changes.
Prices and Availability.Because of the fast-moving nature of the IT supply industry, prices and availability are subject to change without notice. We are unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice and to cancel any order we are unable to fill where availability is constrained and an order is processed in error. Your Account Executive or sales representative can inform you when a product or solution is not in stock, and can tell you when we expect the product will be available. Anticipated delivery dates are based upon vendor supplied information and are subject to correction or change.
Systems, Typographic, Photographic and Other Technical Errors. Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right in our sole discretion to substitute equivalent items if available. If an error is made and a product is listed at an erroneous price or shown as available when it is not, we may, at our sole discretion, refuse or cancel any such orders processed as a result of such error. If an order has been confirmed and charged to your credit card at the incorrect price or where the product, service or solution is not available, we reserve the right in our sole discretion to promptly issue a credit in the amount of the incorrect price or unavailable product, service or solution.
As part of the registration process for certain Site Services, you may be asked to select a username and password. We may refuse registration to anyone and/or require additional information prior to accepting any registration, in our sole discretion. Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, in each case, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site Services or any part of the Content to any third party without our prior written consent. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at email@example.com. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules and regulations. In addition, users of the Site must respect the rights and dignity of others and your use of the Site is conditioned on your compliance with the following Rules of Conduct. You agree you will not:
Our Proprietary Rights. You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content and the Site Services, are and shall remain our property or the property of our licensors or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of this Agreement. Except as expressly authorized in advance by us, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Site Services, that are made available on or through the Site.
Limitation of Liability and Disclaimer of Warranties Related to Your Use of the Site.
Links. The Site may provide links to other Internet websites and resources. Because we may have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. We may have no control over the sites that provide links to the Site, and you acknowledge and agree that we do not endorse such sites and are not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which we provide links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. We shall have the right, but not the obligation, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
Your Representations and Warranties; Indemnity. You represent and warrant that you will comply with all applicable laws in connection with your use of the Site and Site Services. You agree to defend, indemnify, and hold us and our sponsors, directors, officers, shareholders, licensors, employees, agents, partners, suppliers and representatives harmless, from and against, all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys’ fees) arising out of: (a) your activities in connection with the Site or Site Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
Dealings with Third-Party Providers of Goods and Services. Your correspondence or business dealings with, or participation in promotions sponsored by, any third-party advertisers or other third-party providers of goods, services or solutions found on or through the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties' materials on the Site.
Termination. You agree that we, in our sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site and/or the Site Services under any provision of this Agreement may be effected without prior notice. Upon termination of this Agreement, your right to use the Site will immediately cease. We shall not be liable to you or any third party for any termination of your access to the Site or any part thereof.
Filtering. Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website America Links Up: www.netparents.org/parentstips/browsers.html.
Information or Complaints. Under California Civil Code Section 1789.3, California users may be entitled to the following specific rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to: TigerDirect Business. 7795 W. Flagler Street, Suite 36, Miami FL 33144 or by calling us at 888-278-4437.
Purchase Price and Payment. Prices, specifications and availability of goods and services are subject to change without notice. Customer will pay the price established by us for all goods ordered by Customer or using Customer’s account. Full payment shall be made before delivery of the goods, unless otherwise agreed in writing by us. Any amount that we agree may be paid after delivery is due to us within thirty (30) days, or such lesser period as may be determined by us as set forth in an applicable invoice. In addition to the purchase price and any shipping costs, Customer will pay all applicable taxes, including but not limited to sales, use, value added, gross receipts, privilege, excise and personal property taxes, levied on or measured by the purchase price or arising from the use of the goods and any parts or maintenance supplied or the services rendered. Prices do not, unless otherwise specified, include supplies. You agree to pay interest on all past-due sums at the lesser of 1.5% per month or the highest rate allowed by law.
Shipping, packaging, handling and Insurance. You agree to pay all shipping, packaging, handling and related insurance costs and fees, which may include a profit. In the event that Customer returns goods permitted under this Agreement, Customer shall insure, at Customer’s expense, all goods shipped in an amount at least equal to the unpaid purchase price of the goods. CUSTOMER ASSUMES ALL RISK OF LOSS IN CONNECTION WITH THE SHIPMENT OF RETURNED GOODS
Rerouting. After shipment, packages cannot be rerouted or placed on hold for pick through carrier hub.
Purchase Money Security Interest. You hereby grant to us a purchase money security interest in all goods purchased hereunder, and in any proceeds thereof, to secure the unpaid purchase price of such goods, if any. Upon request by us you agree to sign any document required to perfect such security interest. Payment in full of an invoice for the total of the purchase price as shown on the invoice shall release the security interest on the invoiced goods.
Software Licenses. All software is provided subject to any manufacturer’s license agreement(s) and/or end user agreement(s) that are provided with it. Customer will be bound by all such licenses and/or end user agreements.
Delays in Performance. Any delivery times provided by us are estimates only. We shall not be liable for delivery delays, nor shall we be liable for any delay in performance due to unforeseen circumstances or to causes beyond our reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or inability of suppliers to deliver.
Alteration or Attachment to Goods. Any alteration, modification, addition, improvement or attachment to the goods (“Alteration”) not authorized in writing by us shall be solely at your expense and risk. In the event of any such unauthorized Alterations any warranty under this Agreement, including without limitation any warranty of merchantability or fitness of use that may be implied despite our express disclaimer of any such warranty, shall be deemed waived by you and shall be null and void, and we shall have no obligation to you under any such warranty, nor will you be entitled to return altered goods at any time.
Deposits. Without limiting any rights available to us, in the event that we accept a deposit from you for goods ordered: (a) if you fail to meet any schedule of payments listed on the invoice, or to complete the purchase for any reason other than for cancellation of goods not delivered, in addition to any other rights at law or in equity, we will have the right to, within one hundred and twenty (120) days of the deposit date, retain all cash, checks and credit card deposits as partial damages; and (b) if Customer chooses to pick up ordered goods rather than ship them, and if Customer fails to pick up ordered goods within two (2) weeks of the posting of the arrival notice from us, you agree to forfeit all cash, check or credit card deposits for the goods.
Training. If indicated on the invoice or otherwise agreed to in writing by us, upon delivery and/or installation, we or our designee will provide training in the operation of the goods to a member of Customer’s staff. All training will be performed at a mutually agreeable time at the hourly training rate currently in effect at the time the training is performed. Training is not offered as vocational training or as qualifying for any particular employment.
Maintenance. We agree to provide maintenance and/or service (“Maintenance”) to Customer as described on an applicable invoice accompanying goods shipped to Customer or in a separate agreement for Maintenance. All Maintenance will be at our service department or at another location chosen by us unless otherwise agreed between us and you under a separate agreement for Maintenance. All Maintenance, except that performed under manufacturer’s warranty, will be performed at our standard rates in effect at the time the Maintenance is performed. WE HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, WARRANTY OR SUPPORT SERVICES TO ANY CUSTOMER UNLESS AND UNTIL WE HAVE RECEIVED FULL PAYMENT FOR ANY GOODS PURCHASED.
DISCLAIMER OF WARRANTIES. ALL GOODS AND SERVICES SOLD UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EXCEPT THOSE EXPRESSLY CONFERRED BY THE MANUFACTURER. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITS OF LIABILITY. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, HOWEVER CAUSED, ARISING FROM THE USE OF ANY GOODS OR SERVICES, EVEN IF ANY SUCH PARTYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY TO THE EXTENT SUCH STATE’S LAW IS APPLICABLE TO THIS AGREEMENT. CUSTOMER AGREES THAT CUSTOMER’S SOLE REMEDY SHALL BE TO RETURN GOODS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND, IF APPLICABLE, TO OBTAIN A REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID BY CUSTOMER TO US, LESS ALL SUMS, IF ANY, CUSTOMER OWES US.
Right of Offset. At any time that an amount is due to us, we shall have the right, without prior notice, to set off and apply any amounts otherwise owed by us to purchaser, to any amounts owed to us by purchaser, in all cases.
Jurisdictional Issues. The Site is controlled and operated by us from our principal headquarter offices at 1940 E. Mariposa Avenue, El Segundo, California, 90245, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America. We do not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Site Services or goods, services or solutions you obtain from us to any country outside of the United States or Canada. You agree not to use all or any part of the Site from any country to which the United States has embargoed goods; and you represent, warrant, and covenant to us that (a) you are not located in or under the control of any such country, and (b) you are not a person or entity that appears on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.