Terms Of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms of Use (“Terms”) are a legal agreement between you and Aluratek and govern your use of this Website either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to this Website are subject to your compliance with these Terms. Aluratek reserves the right to limit or terminate your access to this website or terminate or suspend your registration for failure to comply with the terms and policies posted on this Website, including these Terms at any time.

BY ACCESSING AND USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER.

Pricing, Specifications and Availability

All prices are in United States Dollars. Prices, specifications and availability of products are subject to change without notice. Due to the changing nature of the computer market, and because of the technical differences in the equipment of our customers, product descriptions may not reflect current technical information, and we cannot be responsible for photographic differences in product size, shape and color.

Aluratek orders generate an automatic confirmation e-mail, but the receipt of a confirmation only means that we have received your order, and does not constitute an offer to sell. We may change our pricing, product description or specifications after any confirmation e-mail, but prior to shipment, due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether.

We will notify you of any corrections or changes to your order, and will not complete it until we have your approval. We estimate your order will ship within two business days. Published prices do not include shipping, sales tax and insurance. We are required by law to collect sales tax on all shipments to all states except Alaska, Delaware, Hawaii, Montana, New Hampshire, Oregon, Virginia, and the District of Columbia (at the state/local tax rate).

Trademarks and Copyrights

The entire content included in this site, including but not limited to text, graphics, code , images, audio and video clips, information and any other content of whatever nature displayed or transmitted on or over this site ("content"), is copyrighted as a collective work under the United States and other copyright laws, and is the property of Aluratek, Inc and/or its licensors and is protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. All other copyrighted materials are the property of their respective owners. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

You may view, download, print and retain a copy of pages of our web site provided that (1) your use of such information from Aluratek's web site is for your informational, personal and non-commercial use only, (2) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) you make no modifications of such information.

Unless otherwise specified, all product and service names, slogans, custom graphics, icons, logos and service names are registered trademarks, unregistered trademarks, trade names or service marks ("Marks") of Aluratek. All third party trademarks, trade names or service marks are the property of their respective owners. The use of any Aluratek Marks without our express written consent is strictly prohibited. Your access to this web site should not be construed as granting, by implication, or otherwise, any license or right to use any Marks appearing on the web site without the prior written consent of Aluratek or the third party that may own the Mark.

Typographical Errors

Every effort has been made to ensure the accuracy of the Content presented on Aluratek's web site. However, Aluratek assumes no responsibility for the accuracy of the Content. Information about Aluratek Products and Services is subject to change at any time without notice. Aluratek may make improvements and/or changes in the Products, Services and/or the programs described in this web site at any time without notice. References to non-Aluratek products, services and/or programs is for information purposes only and constitutes neither an endorsement nor a recommendation.

In the event that an Aluratek product is mistakenly listed at an incorrect price, Aluratek reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Aluratek reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Aluratek shall issue a credit to your credit card account in the amount of the incorrect price.

Warranty Disclaimer

THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. Aluratek assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites.

Limitation of Liability

In no event shall Aluratek or any other party involved in creating, producing, maintaining or delivering the Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, incidental, indirect, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use of this Site.

Termination

You agree that Aluratek may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Website, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Website or any services that may be provided by Logitech, your sole remedy is to terminate this agreement.

If Aluratek does take any legal action against you as a result of your violation of these Terms of Use, Aluratek will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any injunctive or equitable relief granted to Aluratek. You agree that Aluratek will not be liable to you or to any third party for termination of your access to the Website.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Aluratek or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. No Aluratek employee or agent has the authority to vary any of the Aluratek Online Store's policies or the terms and conditions governing any sale.

Participation Disclaimer

Aluratek does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Aluratek is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Aluratek reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Aluratek in its sole discretion.

Indemnification

You shall indemnify, defend, and hold harmless Aluratek, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions arising out of your use of this Website. Aluratek reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.

Disclosure of Use

Aluratek may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of this Website or any services made available on this Website if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of this Website, (3) enforce these Terms of Use, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of Logitech, its employees, and visitors to or users of this Website, including Aluratek’s customers, and the public.

Aluratek reserves the right at all times to disclose any information that Aluratek deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Aluratek may also disclose your information when Aluratek determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Third-Party Links

In an attempt to provide increased value to our visitors, Aluratek may link to sites operated by third parties. However, even if the third party is affiliated with Aluratek, Aluratek has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Aluratek. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Aluratek seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Changes to This Website

In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that Aluratek makes such changes, these Terms shall apply to the new services and to any changes to existing services.

Governing Law

This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of California, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that Aluratek intends to make such products or services available in such countries.

Miscellaneous

Aluratek may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Aluratek to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and Logitech regarding this subject matter, and they govern your use of this Website. The failure of Aluratek to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Comments and Questions

We appreciate your comments about our site. However, any comments, ideas, suggestions or other communications sent to the site become the sole property of Aluratek, and we may use all such communications in any manner, including reproducing, disclosing and publishing them, without compensation to you. If you have any questions or complaints, please contact us at info@aluratek.com.

The Aluratek Terms of Use is subject to change at any time. Last updated October, 2011

© 2011 Aluratek, Inc.®. All rights reserved.