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Terms and Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

This Agreement contains the terms and conditions that apply to purchases by Home, Home Office, and Small Business customers from the ThotBox entity named on the invoice ("ThotBox") that will be provided to you ("Customer") on orders for computer systems and/or related products and/or services and support sold by ThotBox in the United States. By accepting delivery of the computer systems, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your ThotBox-branded hardware system, you may return the system under the terms and conditions of ThotBox's "Customer’s First Return Policy found in the documentation accompanying the system.

THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH THOTBOX, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER THOTBOX STANDARD TERMS APPLY TO THE TRANSACTION.

These terms and conditions are subject to change without prior written notice at any time, in ThotBox's sole discretion.

1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and ThotBox, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and ThotBox.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within ThotBox's sole discretion, and unless otherwise agreed to by ThotBox, payment must be received by ThotBox prior to ThotBox's acceptance of an order. Payment for the products and services and support may be made by credit card, wire transfer, or some other prearranged payment method unless ThotBox has agreed to credit terms. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. ThotBox may invoice parts of an order separately. Orders are not binding upon ThotBox until accepted by ThotBox. Any quotations given by ThotBox will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides ThotBox with a valid and correct tax exemption certificate applicable to the product ship-to location prior to ThotBox's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, except for ThotBox's franchise taxes and taxes on ThotBox's net income. If applicable, a separate charge for taxes will be shown on the invoice.
5. Title; Risk of Loss. Title to products passes from ThotBox to Customer on shipment from ThotBox's facility. Loss or damage that occurs during shipping by a carrier selected by ThotBox is ThotBox's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO THOTBOX-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS. THERE ARE NO WARRANTIES FOR SERVICES. THOTBOX MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THOTBOX'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND THOTBOX WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON THOTBOX'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
7. Software. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. ThotBox does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs it purchase and use.
8. Return Policies. ThotBox-branded hardware systems and parts that are purchased directly from ThotBox by an end-user Customer may be returned by Customer in accordance with ThotBox's "Total Satisfaction Return Policy" in effect on the date of the invoice. ThotBox's "Total Satisfaction Return Policy" can be found in the documentation provided with the products.
9. Exchanges. From time to time, ThotBox may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with ThotBox's exchange policies in effect on the date of the exchange.
10. Products. ThotBox continually upgrades and revises its products and service offerings to provide ThotBox customers with new products and service offerings. ThotBox may revise and discontinue products at any time without prior notice to customers. ThotBox will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building ThotBox products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted ThotBox SKU numbers for ThotBox-branded hardware products are of the quantity specified by ThotBox and conform in all material respects with the ThotBox product specifications current on the date such products were shipped.
11. Limitation of Liability. THOTBOX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. THOTBOX WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, THOTBOX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT.
12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST THOTBOX, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "ThotBox") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), ThotBox's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and ThotBox. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
13. Applicable Law; Not For Resale or Export. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale or export. ThotBox has separate terms and conditions governing resales and transactions outside the United States.

14. Service and Support. ThotBox will provide general technical support to Customer in the United States, in accordance with the then-current technical support policies in effect. Service offerings may vary from product to product. If Customer purchased optional services and support, ThotBox and/or a third-party service provider will provide the optional service and support to Customer in the United States in accordance with the then-current terms and conditions in the optional service contract between ThotBox and/or the third-party service provider and Customer (available via the Internet on ThotBox's Web site at http://www.thotboxbuy.com/servicesupport or by contacting the following numbers: ThotBox Customer Care at 1-866-846-8269; or as mailed to Customer).

ThotBox and/or the third-party service provider may, at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them. The optional services and support programs and their terms and conditions in place at the time or purchase will apply to Customer's purchase. ThotBox has no obligation to provide service or support until ThotBox has received full payment for the product or service/support contract for which service or support is requested.
15. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
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