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Terms of Use And Sale

Last Revised: September 18, 2013

Terms of Use And Sale

Acceptance By You of Terms. This website is provided by OnSale Holdings, Inc. (which may be referred to as “eCOST” and which may operate and be referred to under a dba and may also be referred to in these Terms of Use and Sale as "we" or "us") subject to the following Terms of Use and Sale (the “Terms of Use and Sale” or the "Agreement"), which may be updated by us from time to time by us in our sole discretion and which you accept by your use of the Site (defined below). We reserve the right to alter this Agreement without advance notice by posting a revised Agreement. You can determine when this Agreement was last revised by checking the "Last revised" legend at the top of these Terms of Use and Sale.

These Terms of Use and Sale apply to your use of the following websites: www.ecost.com and other domains listed from time to time or related to these websites, hosted by or on behalf of eCOST. (individually and collectively, the "Site"). In addition, when using particular features or service(s) provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such features or service(s) including without limit the Terms of Sale which are applicable to any sale of a product, service or solution through any of the applicable websites. All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement. Notwithstanding the foregoing, any separate master agreement or statement of work covering specific products, services or solutions that is signed by an authorized representative of you and eCOST (in its name or as a dba) shall govern in the event of any conflict with these Terms of Use and Sale.

PLEASE READ THESE TERMS OF USE AND SALE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE TERMS OF USE AND SALE.

The Site 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.

Any questions about the meaning or application of these Terms of Use and Sale should be directed to customerservice@ecost.com.

Description of the Content and Services.  We provide users of the Site with access to certain content concerning us and our product, service and solution offerings, including without limit descriptions, contact information, links, and other specialized content (collectively, the "Content"), as well as opportunities to contact us or third parties, and other features and services (all of the foregoing, collectively with the Content, the "Site Services"). All new features made available through the Site that were not made available as of the "Last Revised" date above shall automatically become subject to these Terms of Use and Sale.

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 we the product, service or solution is not available, we reserve the right in our sole discretion to immediately issue a credit in the amount of the incorrect price or unavailable product, service or solution.

Information Submitted By You Through or In Connection With the Site. Submissions of personal information through or in connection with the Site are governed by our Privacy Policy which is hereby incorporated into this Agreement by this reference. In consideration of your use of the Site and Site Services, you agree, where information is requested, to provide accurate, current, and complete information about yourself, to maintain the accuracy and completeness of such information, and to update it promptly in the event of any change. You agree that if any information you provide is false, inaccurate, incomplete, or not current, we may terminate your use of the Site and/or the Site Services. We are not liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.
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, 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. 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 customerservice@ecost.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:

  • Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right.
  • Use the Site for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities.
  • Transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so.
  • Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  • Impersonate any person or entity, including, but not limited to, any  agent or representative of ours; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent.
  • Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, "spyware," or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
  • Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available; or disobey any requirements, procedures, policies, or regulations of such servers or networks.
  • Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
  • Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
  • Sell, license, or exploit for any commercial purposes any use of or access to the Content, Site Services or Site.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Site Services, or the Site.
  • Remove any copyright, trademark, or other proprietary rights notice contained in the Content, Site Services, or the Site.
  • Frame or mirror any part of the Site without our prior express written authorization.
  • Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Site.
  • Create a database by systematically downloading and storing all or any of the Content from the Site.

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.

  • You may request, and we may provide, from time to time, certain information which is our confidential information, and which we intend to protect as confidential (“Confidential Information”). Confidential Information includes, but is not limited to, specific proposals, pricing information, technical specifications and modifications to any of the foregoing, which we may provide to you orally or in writing. In addition to the restrictions on the use of any information set forth above, you agree to hold all Confidential Information in strict confidence, not to disclose it to any third party, and to use at least reasonable care to protect its confidentiality and prevent its unauthorized use or disclosure.
  • Our trade names, trademarks and service marks include without limitation: eCost, eCOST.com, Bargain Countdown and any associated logos. All trademarks and service marks on the Site not owned us are the property of their respective owners. The trade names, trademarks, and service marks owned by us, whether registered or unregistered, may not be used in connection with any product, service or solution that is not offered by us, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our prior express written permission.

Limitation of Liability and Disclaimer of Warranties Related to Your Use of the Site.

  • THE SITE AND SITE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND THE SITE SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SITE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SITE SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS, SERVICES OR SOLUTIONS ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SITE SERVICE IS TO STOP USING THE SITE.

  • WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY SITE SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF ANYSITE SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (F) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.

  • While we try to maintain the Site's integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at customerservice@ecost.com with a description of the material(s) at issue, and the location ("URL") where such material(s) appear.

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 websites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up: http://www.netparents.org/parentstips/browsers.html.

Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to customerservice@ecost.com. You may also contact us by writing to: eCOST 1940 E. Mariposa, El Segundo, CA 90245 or by calling us at (877) 888-2678.

Additional Terms of Use and Sale

PLEASE READ FOLLOWING TERMS CAREFULLY BEFORE MAKING ANY PURCHASE THROUGH THE SITE OR WHICH IS OTHERWISE SUBJECT TO THESE TERMS OF USE AND SALE. Set forth hereafter are certain additional terms and conditions that apply to any purchase made by you (including your employer and/or any of its affiliates, or any other entity on whose behalf you are acting, “you” or “Customer”) from us using  the Site or otherwise subject to these Terms of Use and Sale. By using the Site, placing an order and/or submitting a purchase order to us that is subject to these Terms of Use and Sale you agree to be bound by this Agreement. If you and an authorized representative of ours have each signed and delivered a separate master purchase agreement, purchase order or statement of work, then such separate master agreement, purchase order or statement of work shall govern, to the extent of any conflict between its terms and those of this Agreement.

Order Acceptance Policy. Orders are not binding on us until accepted by in accordance with these Terms of Use and Sale, including without limit terms applicable to errors and our cancelation rights related thereto,  and we reserve the right to accept or decline any order for any reason, and/or to supply less than the quantity  ordered of any item without prior notice. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Until delivery of goods or performance of services we reserve the right to reject or cancel any order (or any portion thereof to the extent goods remain undelivered or services remain unperformed), for any reason or no reason. We are a reseller to end user customers and do not accept orders from computer dealers, exporters, wholesalers, or others who intend to resell the goods offered by us unless specifically agreed to in a writing signed and delivered to you by an authorized officer of eCOST. Customer hereby represents and warrants that it is not purchasing goods for export and/or resale unless pursuant to a separate written Agreement executed and delivered by an authorized officer of eCOST. In the event of any export, Customer agrees to comply with all applicable laws and regulations, including but not limited to U.S. Commerce Department regulations and State Department restrictions governing export from the United States and shall indemnify, defend and hold us harmless from any third party claim arising out of or related to any such export transaction.

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.

Title and Risk of Loss. Title and risk of loss to all items purchased subject to these Terms of Use and Sale passes from us to you at the time of delivery by us to the shipping carrier, provided, however, title to software and other licensed items will remain with the applicable licensor(s). Customer shall have full liability for the safety and validity of delivery address given to us at the time of purchase. We will not incur any forwarding costs on shipments.

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.

Third Party Service Contracts. eCOST is a reseller of various service contracts issued by and performed by third party service providers. We are not the providers of the services described in those contracts and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release eCOST from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. In some states, those services may be subject to sales tax. To the extent that such taxes are collected by eCOST, they are collected solely on behalf of the issuer of the service contract in eCOST's capacity as an independent sales agent for the service provider.

Apple: In accordance with the terms of the manufacturer, Apple hardware products cannot be exchanged or returned to eCOST. Defective products are repaired or exchanged at the discretion of Apple Computer, Inc. Please call Apple directly at (800) 767-2775 for assistance.

Compaq: In accordance with the established policies of the manufacturer, Compaq hardware products cannot be exchanged or returned to eCOST. Defective products are repaired or exchanged at the discretion of Compaq. Please call Compaq directly at (800) 652-6672 for assistance.

IBM: In accordance with the established policies of the manufacturer, IBM hardware products cannot be exchanged or returned to eCOST. Defective products are repaired or exchanged at the discretion of IBM. Please call IBM directly at (800) 388-7080 for repair or exchange of IBM products. To ensure service, you MUST specifically advise IBM that you are using the IBM EASY SERVE PROCESS.

Other products: In addition, the following products are not returnable, and all sales of these items are final. This policy is necessitated by restrictions imposed by the respective manufacturers: All Quark software products For a listing of eCOST Policies, please visit http://www.ecost.com/help.

Additional Information: eCOST policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible. However, eCOST.com is not liable for late or delayed shipments or system failures. Title to items being purchased passes from eCOST to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of eCOST's agreements with numerous vendors in the catalog forbid us from exporting product. Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit of their respective owners.

Ordering Options: We accept orders online 24 hours a day, 7 days a week.

Phone Hours: Sales and Customer Service Specialists can take your call, Monday-Friday, 6 a.m. to 6 p.m. Pacific.

Sales: 877-888-2678, Option: 1

Customer Service Online: customerservice@ecost.com

Customer Service Phone: 877-888-2678, Option: 3

General Comments: customerservice@ecost.com

About eCOST.com: http://www.ecost.com/help.aspx

All trademarks and registered trademarks are used to benefit, and without intent to infringe on, the mark holder. The eCOST logo is a registered trademark of eCOST or its affiliates.

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Copyright

©1999-2013 eCOST All rights reserved.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, and the compilation of this content are the property of eCOST or its content suppliers and protected by U.S. and international copyright laws. All software used on this site is the property of eCOST or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

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Trademarks

eCOST.com and the eCOST Logo are service marks of eCOST or its affiliates in the United States and other countries. eCOST's service marks may not be used in connection with any product or service that is not provided by eCOST, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eCOST.

All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between eCOST and these companies.

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Making Purchases

If you wish to license or make purchases of products or services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to eCOST will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping, handling, and processing charges relating to your purchases.

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Pricing and Typographical Errors

Due to the fast pace of the computer and consumer products industries, all prices are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information. Despite our best efforts, a small number of the items on our web site may be mis-priced.

          In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, eCOST.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.

While we make every attempt to verify prices before charging your credit card, eCOST shall have the right to refuse or cancel any orders placed on mis-priced product 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 canceled, eCOST shall immediately issue a credit to your credit card account in the amount of the incorrect price.

We believe that day-in, day-out, our pricing is very attractive relative to our competition. Combined with our product assortment, product availability and service level, we believe that we offer a compelling shopping experience. With that in mind, we do not "match" competitor's pricing, offer price protection, or provide "quantity quotes."

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Scanner and Printer Software
Software packages for all scanners, printers, CD-RW drives, and other peripherals are subject to change without notice.
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Products and Services

All new products and services available for order through the Site are distributed on behalf of third-party suppliers (“Suppliers”), unless otherwise indicated, and are sold with the Supplier’s limited warranty. The warranty periods and service varies by Supplier and product. The full text of any such warranty is available, free of charge, upon written request addressed to eCOST Attn: Manufacturer's Warranty Request. Certain optional extra protection may be available at additional cost.

Except for the eCOST Return Policy, all of your rights and remedies with respect to your order, purchase, possession, and use of the products and services and all maintenance, update, warranty, liability, and any other obligations related to the products and services, if any, shall be governed by the applicable policies and procedures of the Suppliers.

Some manufacturers do not allow eCOST to return or take back product as these manufacturers request that they fully handle all manufacturer warranty issues that might occur with the product. In light of this, eCOST might require an NCNR (Non Cancellable Non Returnable) form to be signed prior to purchasing the product. These manufacturers include (but are not limited to) Cisco, St Bernard, and Barracuda Networks.

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Disclaimer and Limitation of Liability

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY eCOST.COM. eCOST.COM DOES NOT WARRANT THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. eCOST.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT PURCHASED IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE eCOST.COM RETURN POLICY, eCOST.COM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES (“SERVICE PROVIDERS”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL. WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD OR DISPLAYED ON eCOST.COM SITE.

IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF eCOST.COM AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although eCOST.com attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform eCOST.com so that it can be corrected.

Price and availability of products and services offered on the Site are subject to change without prior notice. To the extent we provide information on availability of products or services, you should not rely on such information. eCOST.com will not be liable for any lack of availability of products and services you may order through the Site.

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Title Transfer

Title - Risk of Loss: Title to items being purchased passes from eCOST to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. eCOST will not incur any forwarding costs on shipments. eCOST shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo or other acts or events outside of the reasonable control of eCOST.

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Purchase for Export

If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Some products are not available for sale to schools. For specific issues contact our educational sales department at (877) 888-2678.

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Governing Law

Transactions between you and eCOST shall be governed by and construed in accordance with the laws of the State of California, without regard to the laws regarding conflicts of law. Subject to the arbitration provisions of this Agreement below, any litigation regarding this agreement or any transaction between customer and eCOST shall be brought in the state or federal courts located in Los Angeles County, California and the customer hereby agrees and submits to such jurisdiction and venue as proper.

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Miscellaneous

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein and cannot be modified except in a written agreement signed by both parties. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

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Applicable Taxes

Any sales, use or other applicable tax is based on the location to which the order is shipped. If you believe your purchases are not subject to sales tax, please contact your Account Executive for assistance at (877) 888-2678 prior to placing an order.

Seller does not collect sales or use tax in a number of states, including without limit, the states of Oklahoma, Vermont and South Dakota; your purchases may be subject to state and local taxes even though we may not collect such taxes; your purchases are not tax exempt solely because they are made over the internet or via catalog; your ship-to state may require all non-taxed purchases to be reported (for example the states of Oklahoma, Vermont and South Dakota require a customer in these states to report such non-taxed internet or catalog purchases and to pay applicable taxes on such purchases); sales and use taxes are your responsibility; please contact your ship-to states’ taxing authority for tax forms and reporting procedures that may be applicable to your taxable purchases. For additional information please click this link Remote Seller Disclosure.

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Mandatory Arbitration

Mandatory Arbitration. THIS SITE, OR THE PURCHASE OR SALE OF ANY PRODUCTS OR SERVICES, WILL BE RESOLVED BY FINAL, BINDING ARBITRATION, INSTEAD OF IN COURT, except that (a) you may take claims to small claims court, if they qualify for hearing by such court, and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement. This agreement to arbitrate extends to claims that you assert against other parties, if you also assert claims against us in the same proceeding. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

For all disputes, you must first send a written description of your claim to our Customer Service department. You can contact our Customer Service department by email (customerservice@eCOST.com) or U.S. Mail (eCOST, 1940 E. Mariposa Ave. El Segundo, CA 90245). If we do not reach agreement within 30 days, you may pursue your claim in arbitration, or in small claims court as described above. To pursue your claim in arbitration, you must serve our registered agent with an arbitration demand. Our registered agent can be served at The Corporation Trust Company - 1209 Orange Street, Wilmington, DE, 19801. The arbitration will be administered by the American Arbitration Association (“AAA”). The AAA’s Supplementary Procedures for Consumer-Related Disputes will apply, as modified by this Agreement. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. You will pay your share of the arbitrator’s fees. You and we agree that this Agreement involves interstate commerce and, despite the choice of law provision in Paragraph 21, the Federal Arbitration Act and federal arbitration law govern arbitrations under the Agreement. An arbitrator may only award as much relief as a court having jurisdiction in the place of the arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of the Agreement, including the limitation of liability in Paragraph 18. An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory relief does not apply beyond your dealings with us) or summary judgment under applicable law. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

CLASS ACTION WAIVER. YOU AND WE ACKNOWLEDGE AND AGREE THAT WE EACH WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. This class action waiver applies if you bring your claim in arbitration and if you bring your claim in small claims court. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION OTHER THAN A SMALL CLAIMS COURT. SHOULD ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE AGREEMENT SHALL OTHERWISE REMAIN BINDING.

JURY TRIAL WAIVER. YOU AND WE ACKNOWLDGE AND AGREE THAT, if a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

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