PLEASE READ THIS DOCUMENT CAREFULLY.
By accepting delivery of
any product delivered from Freeland Digital (formerly Freeland
Computer) (“We”), you ("Customer") agree to the terms and
conditions listed below. You and Freeland Digital (formerly Freeland Computer)
agree that the following terms and conditions are the exclusive terms governing
the sales transaction between Customer and Freeland Digital (formerly Freeland
Computer). Any attempt to alter, supplement, modify or amend these terms
and conditions by the Customer will be considered a material alteration of this
agreement and, therefore, are null and void. Also, these terms and
conditions are subject to change at any time, without prior written notice.
Therefore, please check the terms and conditions carefully each time you place
an order with us.
Please keep in mind that Freeland Digital (formerly Freeland
Computer) is only a distributor. Products sold by Freeland
Digital (formerly Freeland Computer) are not manufactured by Freeland
Digital (formerly Freeland Computer). The products may, however, be
covered by each manufacturer's warranty, service, and support policy (if any).
Freeland Digital (formerly Freeland Computer) assigns and passes
through to the Customer any warranty of the manufacturer, and Customer
acknowledges that it shall have recourse only under such warranties and only as
against the manufacturer of the products. Freeland Digital (formerly
Freeland Computer) makes no representation or express warranty with
respect to the product except those stated in this document and listed on our
website (www.freelanddigital.com).
Freeland Digital (formerly Freeland Computer) disclaims all other
warranties, express or implied, as to any such product, including and without
limitation, the implied warranties of merchantability and fitness for a
particular purpose, and any implied warranties arising from stature, trade
usage, course dealing, or course of performance.
Payment Terms - Orders:
An order is not binding upon us until we accept it; we must receive payment
before it will accept an order. Payment for product(s) ordered is due prior to
shipment. Payment terms are within our sole discretion, unless otherwise agreed
to by us. Customer can make payment by credit card, wire transfer, or some other
method we prearrange. Your order is subject to cancellation at our sole
discretion. We are not responsible for pricing, typographical, or other errors,
on any of our offers and we reserve the right to cancel any orders resulting
from such errors.
Shipping
Most orders are processed and shipped the same day if received prior to
1:00 PM (CDT). Shipping costs are based on package curve weight/geographical
and actual UPS/FedEx services charge. Packages are shipped from our warehouses
in Central Texas and Southern California. Prior to placing an order, please
notify us by phone or e-mail if you want us to use your UPS/FedEx account
number for shipments. Shipping dates are only estimates. You can track your
item with UPS/FedEx tracking systems located on their individual websites.
We will ship product(s) to the Customer Freight On Board (F.O.B.)
shipping point. This meaning title to the product(s) and risk of loss passes to
the Customer upon delivery to the carrier.
You must notify us within 24 hours of the date of your invoice or
acknowledgement if you believe any part of your purchase is missing, wrong or
damaged.
Taxes
Customers within the State of Texas and California are subject to a state
tax, unless you provide Freeland Digital (formerly Freeland Computer) with
a valid and correctly filled out tax exemption certificate applicable to your
purchase of product(s) and the product(s) ship-to location. You are responsible
for sales and other taxes associated with the order.
Limitation of Liability
You (“Customer”) agree to defend, indemnify, and hold Freeland
Digital (formerly Freeland Computer) harmless from and against any
and all claims, damages, costs and expenses, including attorney’s fees, arising
from any damages or injury resulting from your access to, or inability to
access this site, or from your reliance on any information contained in this
site.
IN ALL CIRCUMSTANCES FREELAND DIGITAL’S (formerly Freeland
Computer) MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE
PRODUCTS SOLD. FREELAND DIGITAL (formerly Freeland Computer) SHALL
NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT,
TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT
SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. FREELAND DIGITAL (formerly
Freeland Computer) SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES
AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS
OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT FREELAND DIGITAL (formerly
Freeland Computer) IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR
DAMAGES.
Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the United
States and other copyright laws, and is the property of Freeland
Digital (formerly Freeland Computer). The collective work includes works
that are licensed to Freeland Digital (formerly Freeland Computer).
Copyright 2014. Freeland Digital (formerly Freeland Computer) ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with Freeland
Digital (formerly Freeland Computer) or purchasing Freeland
Digital (formerly Freeland Computer) products. You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place
an order with Freeland Digital (formerly Freeland Computer) or to
purchase Freeland Digital (formerly Freeland Computer) products. Any
other use, including but not limited to the reproduction, distribution, display
or transmission of the content of this site is strictly prohibited, unless
authorized by Freeland Digital (formerly Freeland Computer). You further
agree not to change or delete any proprietary notices from materials downloaded
from the site.
Trademarks
All trademarks, service
marks and trade names of Freeland Digital (formerly Freeland
Computer) used in the site are trademarks or registered trademarks of
Freeland Digital (formerly Freeland Computer).
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Freeland
Digital (formerly Freeland Computer) disclaims all warranties,
express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and non-infringement.
Freeland Digital (formerly Freeland Computer) does not represent or
warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components.
Freeland Digital (formerly Freeland Computer) does not make
any warranties or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Typographical Errors
In the event that a
Freeland Digital (formerly Freeland Computer) product is mistakenly
listed at an incorrect price, Freeland Digital (formerly Freeland
Computer) reserves the right to refuse or cancel any orders placed for
product listed at the incorrect price. Freeland Digital (formerly Freeland
Computer) reserves the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is
cancelled, Freeland Digital (formerly Freeland Computer) shall issue
a credit to your credit card account in the amount of the incorrect price.
Term / Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Freeland
Digital (formerly Freeland Computer) without notice at any time, for
any reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Freeland Digital (formerly Freeland Computer) may deliver notice to
you by means of e-mail, a general notice on the site, or by other reliable
method to the address you have provided to Freeland Digital (formerly
Freeland Computer).
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by use of
obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Freeland Digital (formerly Freeland Computer) or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial content on
the site or use the site to solicit others to join or become members of any
other commercial online service or other organization.
Participation Disclaimer
Freeland
Digital (formerly Freeland Computer) does not and cannot review all
communications and materials posted to or created by users accessing the site, and
is not in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Freeland Digital (formerly
Freeland Computer) is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any
contents or activities on the site. However, Freeland Digital (formerly
Freeland Computer) reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to Freeland Digital (formerly Freeland
Computer) in its sole discretion.
Indemnification
You agree to indemnify,
defend, and hold harmless Freeland Digital (formerly Freeland Computer),
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide
increased value to our visitors, Freeland Digital (formerly Freeland
Computer) may link to sites operated by third parties. However, even if
the third party is affiliated with Freeland Digital (formerly Freeland
Computer), Freeland Digital (formerly Freeland Computer) has no
control over these linked sites, all of which have separate privacy and data
collection practices, independent of Freeland Digital (formerly Freeland
Computer). These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Freeland Digital (formerly
Freeland Computer) seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not
work).