Your use of the EMCOOL Inc. web site (the “Site”) and our services, including phone orders, all purchases, and inquiries, from EMCOOL is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for. If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with EMCOOL unless there is a written contract signed by an officer of EMCOOL.

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Norcross, GA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Norcross. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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General Terms and Conditions

i.    This website is owned and operated by EMCOOL Inc. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers computer hardware. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
ii.    The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of EMCOOL Inc. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
iii.    In order to use our website and/or receive our services, you must be at least 13 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. If you are aged between the age 13 and 18 (or the age of majority where you live), you and your parent or guardian must review and accept these Terms together. Parents and guardians are responsible for the acts of children under 18 years of age when using the Services.
iv.    When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
v.    Customer agrees that shipping costs and expenses will not be refunded once we ship.
vi.    It is the Customer's responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are correct. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders or you will end up paying full restocking and shipping fees.
vii.    Order Cancellation will only be accepted for orders not shipped and not assembled yet in the case of custom PCs.
viii.    Customer agrees that EMCOOL will not be liable for shipper's shipping delays.
ix.    Financing interest fees paid by a customer are unable to be refunded or credited back by EMCOOL for any reason.
x.    You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
 

A.    Web Ordering Security
EMCOOL Inc. runs on Wix and all Wix sites are compliant with the highest Payment Card Industry Data Standards, supported by anti-fraud protection, to safeguard payment info and protect transactions.

B.    Returns
Refunds are only issued for the sale amount at current selling market value (see section “E”) of the component(s) inside the computer, and does not include shipping charges.
Additionally, a 15% restocking fee is applied to computer system unless all three of the items below have been met:
1.    Your purchase is returned back to EMCOOL within 30 days of original delivery.
2.    There are defective hardware component(s) inside the computer such as a memory stick causing stability/performance issue.
3.    EMCOOL or a third-party computer company contracted by EMCOOL has verified that the stability/performance issues are in direct result of the hardware inside the computer and NOT the software such as the operating system, drivers, or software.
EMCOOL cannot offer a full refund for the purchase price of the product(s) unless there were issues such as defective hardware component(s) inside the computer such as a memory stick causing stability/performance issues. The returned merchandise must include its original packaging, manuals, and all accessories. Opened accessories such as the monitor and speakers will not be refunded. EMCOOL will not refund shipping costs and will not pay shipping for returning packages. ORIGINAL SALES RECEIPT REQUIRED FOR ALL RETURNS. THE 30 DAY MONEY BACK GUARANTEE IS ONLY HONORED IF THE COMPUTER SYSTEM IS RETURNED TO EMCOOL WITHIN 30 DAYS FROM DATE OF ORIGINAL DELIVERY AND THE COMPUTER MUST HAVE DEFECTIVE HARDWARE. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING FEES FOR RETURNS. THE REFUND VALUE WILL BE THE FULL PURCHASE PRICE OF A NEW EMCOOL COMPUTER AT CURRENT MARKET VALUE. Before making any return, back up all software and data and remove any personal information, confidential information or private content which you do not want viewed or used by any third party. EMCOOL is not liable for lost data or misuse of data on computers that are returned for any reason.

C.    Indemnification
You agree to indemnify and hold EMCOOL Inc. harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

D.    Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall EMCOOL Inc., be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, EMCOOL Inc. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

E.    Current Market Value
Since every computer system is customized to the Customer’s needs, it becomes difficult to return computer systems for a full refund. If you are having defective parts issues with the computer system, we will be more than happy to offer a full refund, minus shipping costs for the purchase price of the computer at its current market value. For example, if you purchased a system from EMCOOL at the price of $1,500.00 after a length of time, you are requesting a full refund (and you have a verified defective hardware component such as a memory stick, etc causing stability/performance issues within the first 30-days of original delivery) we will offer a full refund for the hardware at its current selling market value. If the same system is now available for $1,200.00, EMCOOL will issue a refund of $1,200.00 which will allow you to still purchase a computer with the same configuration that you originally ordered at $1,500.00. This protects the customer and EMCOOL from price adjustments from manufacturers that are out of both EMCOOL and the customer’s control. In the end, the customer will still be able to buy a new computer with the same specifications from the original purchase.
 

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