The ChipStore.us website, currently located at ChipStore.us (including any sub-domains, subpages, directories, or mobile versions of the website), and all ChipStore.us mobile applications and online services (collectively the “Site”) are made available to you by ChipStore.us Corp. (“ChipStore.us,” “us,” “we,” or “our”).
- Acceptance of Terms
- Age Eligibility for Use and Access of the Site
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
- Account Registration
When you visit the Site you have the option of registering with ChipStore.us. By registering with ChipStore.us you may receive certain benefits, such as an expedited check-out process and access to your online order history. Registration is not required to access or use the Site, but you understand and acknowledge that certain features of the Site or benefits offered by ChipStore.us may only be available to registered users. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
- Purchasing Products from the Site
All purchases of products and services from the Site are subject to the ChipStore.us Terms of Sale below. The Terms of Sale is where you will find information on our policies and procedures relevant to your online purchase, including but not limited to shipping, taxes, returns and exchanges, gift cards, and other similar or related policies.
- Ownership and Content
The content, including all text, graphics, logos, images, audio clips, video, data and other materials available through the Site (collectively “Content”) is the sole property of ChipStore.us and its licensors, and is protected by copyright, trademark and other intellectual property laws. Accordingly, ChipStore.us and its licensors expressly reserve any and all rights and licenses not explicitly granted to you under these Terms. Subject to your compliance with these Terms, you shall have a non-exclusive, non-transferable, limited right to access and make personal use of the Site and the Content for non-commercial purposes only. Except as noted above, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner any Content from the Site, without the express written consent of ChipStore.us.
- Trademarks and Logos
The Site contains valuable trademarks owned and used by us to distinguish ChipStore.us, its brand, and the services from those of others. The Site may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
- Acceptable Use of Our Site
By accessing the Site, you agree that you will not (and will not permit or encourage others to): (1) Use the Site or Content in violation of any applicable law, regulation, or ordinance; (2) Conduct fraudulent activities on the Site; (3) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or the Content for any commercial purpose without the express written consent of ChipStore.us; (4) Transmit, copy, or download any Content (in whole or in part) for the benefit of any other merchant; (5) Use or attempt to use any software, tool, agent, robot, spider or other similar data mining, scraping and extraction tools to navigate, search, or crawl the Site; (6) Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; or (7) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
- Links to Our Site
You are allowed to establish a hypertext link (“link”) to the Site so long as the link does not state or imply any sponsorship of your Site by us. Without our prior express written permission, you may not frame, or in-line link, any of the Content or components of the Site, or incorporate into another Site or other service any of our intellectual property. Please contact us if you would like to request permission to frame any Content appearing on the Site or in-line link to the Site.
- Links to Third Party Sites
The Site may provide links or widgets that permit you to access or interact with other websites (including social media sites) maintained by third parties. When you engage a third party’s website or service which is linked to the Site, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such third-party websites. Posting of a link, advertisement, or widget pertaining to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with a third party advertisement carried by the website. Accordingly, we are not responsible for the privacy practices of such third party websites nor any data or information you may share with such other websites, and make no warranties, express or implied, as to any third party websites or the products or services they provide. We therefore encourage you to be aware of this when you leave our Site, and to read the privacy policies and associated terms and conditions for each and every website that you visit.
- Changes to the Site and Termination
We have the right, in our sole discretion, to terminate, change, or suspend (temporarily or permanently) any aspect of our Site, at any time, without notice or liability to you. Additionally, we reserve the right to restrict, suspend or terminate your use of and/or access to the Site, at any time, and for any reason, without notice or liability to you.
- Errors, Inaccuracies, Availability
We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using. Prices and availability of products displayed on the Site are subject to change without notice. ChipStore.us seeks to describe and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, our Site may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without notice or liability to you.
WE PROVIDE THE USE OF THE SITE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SITE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT YOU UPLOAD TO THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHIPSTORE.US, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHIPSTORE.US’S MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify and hold harmless ChipStore.us, its subsidiaries, affiliates, subcontractors, suppliers, and partners, and all of their respective officers, directors, employees, agents, or licensors, against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses and reasonable attorneys’ fees) due to or arising out of your actual or alleged breach of the Terms or unauthorized access to or use of the Site.
- Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted in accordance with the laws of New York, without regard to its principles regarding conflicts of law or your state or country of residence. You and ChipStore.us agree that all claims, legal proceedings or litigation arising in connection with the Site will be brought solely before an arbitrator in New York County, New York and hereby irrevocably submit to, and waive any objection to arbitration.
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and ChipStore.us with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time. Our failure to enforce any of the provisions of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of the Terms is held to be invalid, illegal or unenforceable, such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of you and ChipStore.us, and that the remaining provisions shall remain in full force and effect.