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 Overview
Welcome to hiGadgets.com, your reliable online marketplace.
Please review the following basic rules that govern your use of the hiGadgets.com. site. (the "Agreement"). Please note that your use of
the hiGadgets.com site (the "Site") constitutes your
unconditional agreement to follow and be bound by these Terms of Use.
Although you may "bookmark" a particular portion of this Site and thereby
bypass this Agreement, your use of this Site still binds you to these
Terms of Use. hiGadgets.com reserves the right to update or
modify these Terms of Use at any time without prior notice to you. Your
use of the Site following any such change constitutes your unconditional
agreement to follow and be bound by these Terms of Use as changed. For
this reason, we encourage you to review these Terms of Use whenever you
use this Site.
Use of this site
By accepting these Terms of Use through your use of the Site, you certify
that you are 18 years of age or older. If you are under the age of 18 but
at least 13 years of age you may use this Site only under the supervision
of a parent or legal guardian who agrees to be bound by these Terms of
Use. hiGadgets.com does not intentionally collect personal
information about children under the age of 13. Children under the age of
13 may not use this Site and parents or legal guardians may not agree to
these Terms of Use on their behalf. If you are a parent or legal guardian
agreeing to these Terms of Use for the benefit of a child between the
ages of 13 and 18, be advised that you are fully responsible for his or
her use of this Site, including all financial charges and legal liability
that he or she may incur. If you do not agree to (or cannot comply with)
any of these terms and conditions, do not use this Site. All billing and
registration information provided must be truthful and accurate.
Providing any untruthful or inaccurate information may constitute a
breach of these Terms of Use. By confirming your purchase at the end of
the checkout process, you agree to accept and pay for the item(s)
requested.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written
and other materials that are part of this Site (collectively, the
"Contents") are intended solely for personal, non-commercial use. You may
download or copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title or interest in
any downloaded materials or software is transferred to you as a result of
any such downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit in any way, in
whole or in part, any of the Contents, the Site or any related software.
All software used on this Site is the property of hiGadgets.com. and protected by copyright laws. The Contents and software on
this Site may be used only as a purchasing resource. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Site is
strictly prohibited.
Objectionable Material
You understand that by using this Site or any services provided on the
Site, you may encounter Content that may be deemed by some to be
offensive, indecent, or objectionable, which Content may or may not be
identified as such. You agree to use the Site and any service at your
sole risk and that hiGadgets.com shall have no liability to
you for Content that may be deemed offensive, indecent, or objectionable.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade
dress and/or other intellectual property owned, controlled or licensed by
hiGadgets.com or by third parties who have licensed their
materials to hiGadgets.com and are protected by our company
and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this site is
the exclusive property of hiGadgets.com and is also protected
by our company and its international copyright laws.
hiGadgets.com and its suppliers and licensors expressly
reserve all intellectual property rights in all text, programs, products,
processes, technology, content and other materials which appear on this
Site. Access to this Site does not confer and shall not be considered as
conferring upon anyone any license under any of hiGadgets.com
or any third party's intellectual property rights.
The hiGadgets.com names and logos and all related product and
service names, design marks and slogans are the trademarks or service
marks of hiGadgets.com. No trademark or service mark license
is granted in connection with the materials contained on this Site.
Access to this Site does not authorize anyone to use any name, logo or
mark in any manner.
References on this Site to any names, marks, products or services of
third parties or hypertext links to third party sites or information are
provided solely as a convenience to you and do not in any way constitute
or imply hiGadgets.com endorsement, sponsorship or
recommendation of the third party, information, product or service. hiGadgets.com. is not responsible for the content of any third party
sites and does not make any representations regarding the content or
accuracy of material on such sites. If you decide to link to any such
third party web sites, you do so entirely at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless hiGadgets.com
from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of the
Site.
Termination
These Terms of Use are effective unless and until terminated by either
you or hiGadgets.com. You may terminate this Agreement at any
time, provided that you discontinue any further use of this Site. hiGadgets.com. also may terminate this Agreement at any time and may
do so immediately without notice, and accordingly deny you access to the
Site, if in hiGadgets.comsole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination of the
Agreement by either you or hiGadgets.com, you must promptly
destroy all materials downloaded or otherwise obtained from this Site, as
well as all copies of such materials, whether made under the Terms of Use
or otherwise. hiGadgets.com right to any Comments shall
survive any termination of this Agreement.
Disclaimer
This site is provided on an "as is" and "as available" basis. hiGadgets.com. makes no representations or warranties of any kind,
expressed or implied, as to the operation of the site or the information,
content, materials, or products included on this site. To the full extent
permissible by applicable law, hiGadgets.com disclaims all
warranties, expressed or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, hiGadgets.com disclaims any
and all warranties, expressed or implied, for any merchandise offered on
this site. You acknowledge, by your use of the hiGadgets.com
web site, that your use of the site is at your sole risk. This disclaimer
does not apply to any product warranty offered by the manufacturer of the
item. This disclaimer constitutes an essential part of this agreement.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in
tort, contract, strict liability or otherwise, shall hiGadgets.com. or any of its employees, directors, officers, agents, vendors or
suppliers be liable to you or to any other person for any indirect,
special, incidental or consequential losses or damages of any nature
arising out of or in connection with the use of or inability to use the
hiGadgets.com web site, including, without limitation, damages
for lost profits, loss of goodwill, loss of data, work stoppage, accuracy
of results, or computer failure or malfunction, even if an authorized
representative of hiGadgets.com has been advised of or should
have known of the possibility of such damages. In no event will hiGadgets.com. be liable for any damages in excess of the fees paid
by you in connection with your use of the site during the six month
period preceding the date on which the claim arose.
Order Acceptance
Please note that there may be certain orders that we are unable to accept
and must cancel. We reserve the right, at our sole discretion, to refuse
or cancel any order for any reason. Some situations that may result in
your order being canceled include limitations on quantities available for
purchase, inaccuracies or errors in product or pricing information, or
problems identified by our credit and fraud avoidance department. We may
also require additional verifications or information before accepting any
order. We will contact you if all or any portion of your order is
canceled or if additional information is required to accept your order.
Pricing Information
While hiGadgets.com strives to provide accurate product and
pricing information, pricing or typographical errors may occur. hiGadgets.com. cannot confirm the price of an item until after you
order. In the event that an item is listed at an incorrect price or with
incorrect information due to an error in pricing or product information,
hiGadgets.com shall have the right, at our sole discretion, to
refuse or cancel any orders placed for that item. In the event that an
item is mis-priced, hiGadgets.com may, at our discretion,
either contact you for instructions or cancel your order and notify you
of such cancellation.
Force Majeure
The Sellers shall not be held responsible for the delay in shipment or
non-delivery of the goods due to war, earthquake, serious flood, fire and
other Force majeure causes agreed by both parties. However, the Sellers
shall advise the Buyers by fax/telex, immediately of such occurrence and
within fourteen days thereafter, shall send by airmail to the Buyers for
their acceptance a certificate issued by the competent authorities of the
place where the accident occurs as evidence thereof. Under such
circumstances the Sellers, however, are still under the obligation to
take all necessary measures to hasten the delivery of the goods. In case
the late delivery exceeds ten weeks, the Buyers shall have the right to
cancel this Contract.
Arbitration
Where the parties fail to settle dispute within 30 days after such
dispute occurs, they agree to submit such dispute to our company
International Economic and Trade Arbitration Commission for arbitration
which shall be conducted in accordance with the Commission's arbitration
rules in effect at the time of applying for arbitration. The arbitral
awards are final and binding upon both parties.
General
This Agreement represents the complete agreement between the parties and
supersedes all prior agreements and representations between them.
Headings used in these Terms of Use are for reference purposes only and
in no way define or limit the scope of the section. If any provision of
this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable and
the other terms of this Agreement shall remain in full force and effect.
The failure of hiGadgets.com to act with respect to a breach
of this Agreement by you or others does not constitute a waiver and shall
not limit hiGadgets.com rights with respect to such breach or
any subsequent breaches. This Agreement shall be governed by and
construed under law without regard to conflicts of law provisions. Any
action or proceeding arising out of or related to this Agreement or your
use of this Site must be brought in the our company Court and you consent
to the exclusive personal jurisdiction of such courts.
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