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AMD Solution Provider
NVIDIA Partnerforce Program Member

TERMS AND CONDITIONS FOR USE OF THIS WEBSITE

INTRODUCTION: This page states the "Terms and Conditions" under which you may use the Electronics Nexus  website (“the web site”) of Electronics Nexus  (“The Vendor”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. The Vendor may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

1. THE SERVICE The Service consists of online retail selling of computer hardware and components, a browser interface, data encryption, data publishing, data transmission, data access (as available) and, if applicable, synchronization software and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service. The Vendor makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. The Vendor reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.

2. USE OF PROPRIETARY SOFTWARE Subject to the terms and conditions of this Service Agreement, The Vendor grants you an individual, personal, non-sublicensable, non-exclusive and non-transferable license (the "License") to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that The Vendor and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will destroy your copies of and cease to use the software. THE SOFTWARE IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.

3. ACCEPTABLE SITE USE 

(a) Prohibited Uses.  The Vendor may be used only for lawful purposes by private individuals, corporations or non-corporate bodies seeking to purchase computer hardware and related advice.

(b) Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of The Vendor, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any The Vendor packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability and will be actively prosecuted. The Vendor will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(c) General Rules. Users may not use this Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous obscene, threatening, abusive or hateful.

4. USER INFORMATION When you purchase from the Web Site, you will be asked to provide The Vendor with certain information including, without limitation, your name and address, a valid email address (your "Information"), and your credit card details. The Vendor may send to you via email an informative newsletter on buying tips and/or special offers. Please see The Vendor’s Privacy Policy for further details regarding your Information.

5. REGISTRATION AND PASSWORD CONFIDENTIALITY  You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify The Vendor of any unauthorized use of your registration or password.

6. The Vendor’ LIABILITY One-Stop Internet Brands makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. The Vendor DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, The Vendor IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. The Vendor, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ONE-STOP INTERNET BRANDS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. 

Disclaimer of Consequential Damages: IN NO EVENT SHALL The Vendor, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONE-STOP INTERNET BRANDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites: The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by The Vendor of the contents on such third-party Web sites. The Vendor is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use: You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the Web Site.

Limitation of Liability. The aggregate liability for The Vendor to you for all claims arising from the use of the Materials is limited to $100.

8. TERMINATION The Vendor reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by The Vendor, upon any breach by you of these Terms and Conditions or if The Vendor is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site. The Vendor will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of.

9. INDEMNITY You agree to defend, indemnify, and hold harmless The Vendor, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Vendor shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. General: The Vendor makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The user specifically agrees that any claims arising under this agreement shall be settled by binding arbitration and that the jurisdiction for such arbitration shall lie exclusively with the within Orange County, California. Under this provision, should either party in the dispute pursue the matter through said arbitration, neither user nor The Vendor shall have the right to pursue that claim in court, either small-claims or jury, and specifically will not have the right to participate in any class action pertaining to any claim. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and The Vendor with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Additional Terms of Use: Certain areas of this Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

10. U.S. GOVERNMENT MATTERS You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation licensed in this Service Agreement are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.

11. MISCELLANEOUS The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferable or sublicensable by you except with The Vendor's prior written consent. This Service Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind The Vendor in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

12. PRIVACY Personally identifiable information posted to the site during registration and/or purchase is confidential to us and our technical consultants and may be viewed by either. We may use the information to contact you about computer component and hardware offers. If you want The Vendor to remove your personal details or to cease any other use of personally identifiable information, you should send us a specific request by certified mail or by regular mail clearly marked "Privacy-Urgent", in either case, addressed as follows: 1160 Quail Meadow, Irvine, CA 92603-0697. You may send your request by e-mail to privacyconcerns@elnexus.com but due to the volume of e-mail we receive, it may not secure prompt attention. It is advised that you activate a return receipt with your e-mail which will indicate that we have received your mail. In such a case we reserve the right to maintain your details in non-electronic form for the purposes of order tracking and customer claims. The Vendor may also send to you via email an informative newsletter containing tips on using the services offered and special offers for purchase on this site.

13. DISCLAIMER You use this Site at your own risk. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Vendor AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Vendor DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Vendor DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT The Vendor) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. The Vendor RETAINS THE RIGHT TO REVISE THESE RULES AT ANY TIME. Warning: ANY USE OF THE The Vendor SITE IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF THE SITE SPONSOR AND MAY RESULT IN LEGAL ACTION AGAINST YOU.

14. ZERO TOLERANCE SPAM POLICY
It is strictly forbidden to use ANY The Vendor service to send spam (unsolicited commercial email). Spamming by The Vendor users, partners or affiliates will not be tolerated. Should we discover that you have sent Spam we will immediately cancel any account you may have with us and pursue every available legal remedy and recover any damages caused by sending Spam (unsolicited commercial emails).