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 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.

Promotions

Aluratek reserves the right to both run and cease promotions at will. Participation in the promotions e.g. promotional code, social media activity, coupons etc. is completely voluntary. For all promotions including a free gift, there is a limit of one gift per person and the promotional offer is only valid for 30 days from purchase.

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. Aluratek warrants all its products against defect in material or workmanship for 1 Year from the date of purchase. This warranty becomes invalid if the factory-supplied serial number or "warranty void" sticker has been removed or altered on the product. Warranty is valid only in the country of purchase. If you live outside of the United States or Canada, please contact your reseller for warranty service. Aluratek will not process any warranty returns or repairs if the product is taken outside of the United States or Canada. This Warranty does not cover:

A) Cosmetic damage or damage due to acts of God.
B) Accident, misuse, abuse, negligence or modification of any part of the product.
C) Damage due to improper operation or maintenance, connection to improper equipment, or attempted repair by anyone other than Aluratek.
D) Products sold AS IS or WITH FAULTS.
E) Discontinued products
IN NO EVENT SHALL ALURATEK'S LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT, IT'S ACCOMPANYING SOFTWARE, OR IT'S DOCUMENTATION. Aluratek makes no warranty or representation, expressed, implied, or statutory, with respect to it's products, contents or use of this documentation and all accompanying software, and specifically disclaims it's quality, performance, merchantability, or fitness for any particular purpose. Aluratek reserves the right to revise or update it's product, software or documentation without obligation to notify any individual or entity.

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. The Aluratek Terms of Use is subject to change at any time.

Arbitration and Class Action Waiver

If you are in the United States (including its possessions and territories), you and we agree that any dispute, claim or controversy between you and us shall be determined by binding arbitration. The arbitration will be governed by the American Arbitration Association's (AAA) Consumer Arbitration Rules (the AAA Rules), as modified by these Terms, and will be administered by the AAA. The AAA rules specifically provide that all consumers who agree to mandatory arbitration retain the right to seek relief in a small claims court for disputes or claims within the scope of its jurisdiction, and you have this right under this Agreement. BY ACCEPTING AND AGREEING TO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

The binding arbitration provided by these Terms is more informal than a lawsuit in court. Arbitration uses an independent and neutral arbitrator selected in accordance with the AAA Rules (instead of a judge or jury) and allows for more limited discovery than in court. Decisions of the arbitrator are enforceable like orders of a court and are subject to very limited review by courts. The parties have the right to be represented by attorneys or other representatives at their own expense in connection with the arbitration. There is, however, no requirement that a party must use an attorney or other representative to participate in the arbitration.

By accepting these Terms, you agree that the Federal Arbitration Act (FAA), including its procedural provisions, governs the interpretation and enforcement of this provision. This means that the FAA governs, among other things, the interpretation and enforcement of this provision requiring mandatory arbitration, including the class action waiver discussed below. State arbitration laws do not govern this provision in any respect. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to, the arbitrator's jurisdiction and any claim that all or any part of these Terms is void or voidable. This arbitration provision shall survive termination of these Terms and the termination of any account you may have with us.

If you elect to seek arbitration or to file an action in a small claims court, you must first send to us by certified mail, a written notice of your claim (Notice). The Notice to us must be addressed to info@aluratek.com. If we initiate arbitration, we will send a written Notice to the email address or any other address we have for you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or we may commence an arbitration proceeding pursuant to the AAA Rules or a small claims action.

You may obtain more information about arbitration, the AAA Rules, download or copy a form Notice and a form to initiate arbitration at www.adr.org or by calling the AAA at 1-800-778-7879. If we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the AAA filing fee unless your claim is for greater than US$10,000, in which event you will be responsible for payment of any filing fees. Except as expressly set forth in these General Terms, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.

If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing at a reasonably convenient location for both parties as established by the AAA or the arbitrator pursuant to the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

CLASS ACTION WAIVER: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT BY ACCEPTING AND AGREEING TO THESE TERMS, YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS. Further, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator is bound by these Terms to the extent they modify the AAA Rules. As a result, the arbitrator shall have no power or authority to preside over, certify, adjudicate, or determine any form of class or collective action and further shall have no power or authority to consolidate or join any claim or dispute between any other party and us with your claim. Except as provided for in this paragraph, the arbitrator is empowered to grant all remedies and whatever relief that a party would be entitled to in a court of law or equity under applicable law, including, without limitation, declaratory or injunctive relief of any nature.

Mass Arbitration Procedures. If 25 or more similar claims are filed for arbitration by or on behalf of claimants represented by the same law firm, organization, or coordinated counsel within any 90-day period (a "Mass Arbitration"), the following special procedures shall apply and shall take precedence over any conflicting AAA Rules:

(a) Bellwether Selection. The parties shall work together to select no more than 15 representative claims to proceed to arbitration first ("Bellwether Claims"). If the parties cannot agree on the Bellwether Claims within 30 days after we notify claimants that the Mass Arbitration procedures will apply, each side may select up to 7 claims to be included in the bellwether process, and one additional claim shall be randomly selected by the AAA.

(b) Stay of Non-Bellwether Claims. All claims that are part of the Mass Arbitration but are not selected as Bellwether Claims shall be administratively closed and tolled pending the completion of the bellwether arbitrations. No fees shall be owed for the stayed claims during the tolling period.

(c) Bellwether Process. The Bellwether Claims shall proceed through arbitration in accordance with these Terms and the AAA Rules. The arbitrators in the bellwether proceedings may not communicate with each other about the claims. Upon completion of all bellwether arbitrations, the parties shall participate in a mediation session to discuss resolution of any remaining claims in the Mass Arbitration, taking into account the outcomes of the Bellwether Claims.

(d) Sequential Batching. If, following the bellwether process and any mediation, claims remain unresolved, the parties may agree to select additional representative claims for arbitration in batches of no more than 15 claims per batch, with each batch subject to the same process as the initial Bellwether Claims.

(e) Individual Claim Requirement. Any claimant who opts not to participate in the Mass Arbitration procedures may only pursue their claim in individual arbitration if they first provide us with 60 days' written notice of their intent to opt out and proceed individually. Such individual claims shall be subject to all other provisions of these Terms, including the informal dispute resolution requirements.

(f) Binding Effect. By filing or maintaining a claim that becomes part of a Mass Arbitration, each claimant agrees to be bound by these Mass Arbitration procedures as a condition of proceeding with arbitration. These procedures shall apply regardless of whether claimants are named plaintiffs or absent class members in any related court proceeding, and regardless of whether claimants have opted out of any related court proceeding.