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Terms and Conditions

IOSAFE, INC.

Entering this site constitutes your acceptance of these Terms and Conditions.

PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THIS IOSAFE WEBSITE ("SITE") AND THE PRODUCTS AND SERVICES OFFERED ON THIS SITE. SOME CONTENT ACCESSIBLE THROUGH THIS SITE IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS. TO THE EXTENT THAT ANY PROVISION OF THOSE ADDITIONAL TERMS AND CONDITIONS CONFLICTS WITH THESE TERMS, THOSE ADDITIONAL TERMS AND CONDITIONS WILL PREVAIL. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR USE OF THIS SITE AND YOUR REQUEST FOR ANY PRODUCTS AND SERVICES OFFERED OR REFERRED TO ON THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.

GENERAL. IOSAFE DOES NOT WARRANT THAT THE CONTENTS OF THIS SITE ARE ERROR-FREE. INFORMATION ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL OR OTHER TYPES OF ERRORS AND MAY BE CHANGED OR UPDATED AT ANY TIME WITHOUT NOTICE. IOSAFE MAY ALSO MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED ON THIS SITE AT ANY TIME WITHOUT NOTICE. IOSAFE WILL USE REASONABLE EFFORTS TO PLACE ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE BUT MAKES NO WARRANTY OF ITS ACCURACY, COMPLETENESS OR TIMELINESS. YOU ACKNOWLEDGE THAT YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THIS SITE IS AT YOUR OWN RISK.

WARRANTY DISCLAIMER. THE MATERIALS ON THIS SITE AND PRODUCTS AND SERVICES OFFERED AND REFERRED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW IOSAFE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS WITH RESPECT TO THIS SITE AND THE PRODUCTS AND SERVICES OFFERED OR REFERRED TO ON THIS SITE. IOSAFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE OR ANY PRODUCTS OR SERVICES OFFERED OR REFERRED TO ON THIS SITE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL IOSAFE, ITS SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY, "IOSAFE") BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT IOSAFE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, RESULTING FROM OR IN ANY WAY RELATED TO THE USE OF THIS SITE OR RESULTING FROM OR IN ANY WAY RELATED TO THE USE, PURCHASE OR OTHER PROVISION OF THE PRODUCTS AND SERVICES OFFERED OR REFERRED TO ON THIS SITE. YOU AGREE THAT IOSAFE'S MAXIMUM LIABILITY ARISING FROM ANY PRODUCT OR SERVICE SOLD OR OTHERWISE PROVIDED BY IOSAFE OR ANY OF ITS CONTRACTORS, SUBCONTRACTORS, SERVICE PROVIDERS, RESELLERS, INSTALLERS OR OTHER CONTRACTING PARTIES SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT NOTWITHSTANDING THE IOSAFE PROTECTION PLAN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT. FOR CLARITY, THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY (WITHOUT LIMITATION) TO INSTALLATION SERVICES, WHETHER PAID OR FREE.

PRICING, SPECIFICATIONS AND AVAILABILITY

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 ioSafe cannot be responsible for photographic differences in product size, shape and color.

ioSafe.com 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.

IoSafe, Inc. will notify you of any corrections or changes to your order, and will not complete it until we have your approval. Published prices do not include shipping, sales tax and insurance. We are required by law to collect sales tax on all shipments to California.

CUSTOMER INFORMATION

ioSafe does not currently rent, sell or otherwise forward your name to other companies. To learn more about how ioSafe protects customer information, please see our Privacy and Security Policy.

PAYMENT AND SHIPPING INFORMATION

PAYING BY CREDIT CARD. You may pay by Visa, MasterCard and American Express. We do not add any credit card surcharges. For items with a preliminary ship date longer than 30 days from the order date, we may process the charge within 30 days of the order date to avoid the expiration of the reserved amount applied to the credit card. If this is unacceptable, please contact customer service for an immediate refund. Please be aware that if you cancel an order, your delivery position in the order queue is also deleted. Please see our Security and Privacy Statement for more information about your credit card safety.

SHIPPING. We ship only to locations within the United States by United Parcel Service ("UPS"), Federal Express (FedEx) or United States Postal Service. IoSafe cannot be responsible for lost or damaged packages. UPS and FedEx charges include prepaid insurance up to the limits specified by UPS and FedEx. If your package is sent by UPS or FedEx and is lost or damaged, you may contact UPS or FedEx. For your protection, all shipments require a signature at the delivery point. ioSafe reserves the right, at its sole discretion, to cancel any orders submitted for shipment to a freight forwarder or similar entity.

RETURNS

RETURN POLICY. ioSafe products are sold through many distributors and resellers throughout the world. All ioSafe products that were not purchased directly through www.iosafe.com must be returned through the seller you purchased the ioSafe product from. If you purchased your ioSafe product directly from www.iosafe.com, please follow the instructions below.

All returns must comply with the return procedure set forth below, and all returned items must be in new condition, including the original box, packaging, manuals and accessories. No refunds or exchanges are allowed after 30 days from the date of receipt, or if the UPC code has been removed from the packaging. A restocking fee may be applied equal to 15% of the purchase price will be charged on any opened item, unless the item is defective; or exchanged for the same or a similar item. The 15% restocking fee will be assessed at the time of refund or exchange. Original shipping charges are not refundable.

RETURNS PROCEDURE. To return an item, contact Customer Support at customerservice@ioSafe.com or (530) 820-3090 to obtain a Return Authorization (RMA) number. RMA numbers are valid for 30 days from the date of issuance. We are unable to accept returns without an RMA number. All returns must be shipped prepaid.

COPYRIGHT AND TRADEMARK. The copyright in all material provided on this Site is held by ioSafe or by the original creator of the material. Except as stated in this paragraph, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ioSafe or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without the permission of ioSafe, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

MISCELLANEOUS

LINKS TO THIRD PARTY SITES. We provide links to third party sites for your convenience. The inclusion of any link does not imply our endorsement of the site. When you link to a third party site, you leave the ioSafe.com site. The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site.

DISCLAIMER OF WARRANTY FOR USE OF THE IOSAFE.COM SITE. ioSafe provides this site and its contents on an "AS IS" basis. We makes no warranty or representation as to this site, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.

LIMITATION OF LIABILITY FOR USE OF THE IOSAFE.COM SITE. IOSAFE IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IOSAFE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED US $1.00.

JURISDICTION AND GOVERNING LAW. This Site is maintained, controlled, operated and administered by ioSafe from within the United States of America (U.S.). ioSafe makes no representation that materials at this site are appropriate for use at locations outside of the U.S. and access to this Site from countries where its content or operation is illegal is prohibited. You may not use this Site or export information or products available on this site in violation of U.S. export laws and regulations. All ioSafe products are controlled for export and end-use by the U.S. government. ioSafe products may not be exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any other country hereafter restricted by the U.S. Government, and they may not be used in the production or distribution of chemical, biological, or nuclear weapons of mass destruction. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws. The use of this site, its content and these Terms is governed by the laws of the State of California, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of this Site, its content or these Terms must be brought in the closest court of competent jurisdiction in or near Auburn, California and must be brought within one year after the claim or cause of action arises or it is barred. By using this site, you irrevocably submit to the jurisdiction of the State and Federal courts located nearest to Auburn, California. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.

INTERNET FRAUD. In the interest of preventing Internet fraud, ioSafe reserves the right refuse to ship any order that is submitted with an untraceable or free email address, or an invalid telephone number.

PASSWORD AND USER NAME. Access to some content accessible from this Site is password controlled. By registering for an account, a password and the right to use this site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password controlled content) and that all information provided in the registration process is accurate and correct. You further certify that any purchase orders placed by you are with the full authority to bind your company and any information provided by you in using any of the services accessible through this site is true and accurate. Your user name and password are unique to you or your company. You are solely responsible for maintaining the confidentiality of your user name, password and access to your account. You are solely responsible for all activities that occur under your user name and password. You agree to notify ioSafe immediately of any unauthorized use of your user name, password or account or any other breach of security. ioSafe will not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. But you may be held liable for losses incurred by ioSafe as a result of the misuse of your user name, password or account.

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 ioSafe, 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 customerservice@iosafe.com.

ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the use of the Site. ioSafe's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. ioSafe may revise these Terms at any time by updating this posting. Your continued use of this Site after the posting of any changes to these Terms constitutes your acceptance of those changes.




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