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American Chess Store Terms and Conditions of Use PLEASE READ THESE TERMS AND
CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY. TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF USE BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY American Chess Store YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS. Important Information About This
Legal Contract You agree to this User Agreement, and all of its terms and
conditions, by visiting, browsing, shopping, accessing or otherwise using the
Site. These terms and conditions are subject to change without prior notice at
any time, in American Chess Store's sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to the
Site, the Customer accepts that change. Customers should check this User
Agreement and the Privacy Pledge frequently Acceptance of Contract Terms This
User Agreement, and all of its terms and conditions, constitute a legal contract
between you and American Chess Store (References to "you" or "your" shall relate to a
customer of American Chess Store or other party that visits, browses, shops, accesses
or otherwise uses the Site (the "Customer"); references to "American Chess Store" shall
relate to American Chess Store and its affiliates.) By visiting, browsing, shopping,
accessing or otherwise using this site ("Site"), you acknowledge that you have
read, understood, and agree to be bound by this User Agreement and comply with
all applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User Agreement, as it may be
changed by American Chess Store from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to, United
States copyright law and international treaties. This Site is controlled and
operated by American Chess Store from its offices within the United States.
American Chess Store makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose to access
this Site from other locations do so on their own initiative and are responsible
for compliance with applicable local laws. Any claim relating to, and the use
of, this Site and the materials contained herein is governed by the laws of the
state of TX without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in US County, TX
to hear any such claims. Access, Interference and Linking American Chess Store grants
you a limited license to access and make personal use of the Site and not to
download (other than page caching) or modify it, or any portion of it, except as
provided below under "Use Restrictions," or with express written consent of
American Chess Store. The following activity on the Site is expressly prohibited: Any
non-personal or commercial use of any robot, spider, other automatic device, or
manual process to monitor or copy portions of the Site or the content contained
herein without prior written permission by American Chess Store; collection or use of
any product listings, descriptions, or prices, from the Site for the benefit of
another merchant that supplies products competitive with or comparable to those
offered on the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning. Any unauthorized use
terminates the license granted by American Chess Store. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of the
Site so long as the link does not portray American Chess Store, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any American Chess Store logo or other proprietary
graphic or trademark as part of the link without express written permission.
American Chess Store does not review or control third-party sites that link to or from
the Site, and is not responsible for the contents of any third-party sites
linked to or from the Site. Use Restrictions The copyright in all material
provided on this Site is held by American Chess Store or by the original creator of the
material. Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted 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 American Chess Store 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 you do not modify the materials and
that you retain all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without American Chess Store 's
prior written permission, "mirror" any material contained on this Site on any
other server. 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. All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers. American Chess Store and the Circle of Service
logo are trademarks of American Chess Store Copyright © 2002 American Chess Store. Microsoft
and the Passport Logo are either registered trademarks or trademarks of
Microsoft Corporation in the United States and/or other countries and are used
under license from Microsoft. Limitation of Liability UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL American Chess Store BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY
TO USE, THE MATERIALS ON THIS SITE, EVEN IF American Chess Store OR A American Chess Store
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Arbitration
By accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with American Chess Store, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Austin, TX. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration. Privacy Please review our Privacy Notice,
which also governs your visit to this Site. 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 or password. If you are under 18, you may use the Site
only with a parent or guardian. American Chess Store reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in its
sole discretion. Communications to American Chess Store Any communication or material
you transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used
by American Chess Store for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore,
American Chess Store is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to American Chess Store or the Site for any
purpose whatsoever, including but not limited to developing, manufacturing and
marketing products using such information. Copyright Complaints If you believe
that your work has been copied in a way that constitutes copyright infringement,
please contact: American Chess Store PO BOX 150694 Austin TX, 78715 Phone: 000-000-0000 Fax:
Email: sales@americanchessstore.com Disagreement with These Terms and Conditions If you
disagree with any of the terms and conditions of this User Agreement, please do
not visit, browse, shop, access or otherwise use this Site. American Chess Store Terms
and Conditions of Sale PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE
AGREEMENT") VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH American Chess Store. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN). Important Information About This Legal
Contract This Sale Agreement is a legal contract between the Customer and
American Chess Store. The Customer accepts this Sale Agreement by making a purchase,
placing an order, or otherwise shopping on the Site. (References to "you" or
"your" shall relate to the Customer; references to "American Chess Store" shall relate
to American Chess Store and its affiliates.) The terms and conditions of this Sale
Agreement are subject to change without prior notice, except that the terms and
conditions posted on the Site at the time the Customer initially places or
modifies an order will govern the order in question. This Sale Agreement
constitutes the entire agreement between the Customer and American Chess Store relating
to the purchase or sale of goods or services on the Site. The Sale Agreement may
only be modified or terminated with regard to goods or services that have been
purchased or sold on the Site in a writing signed by American Chess Store. Electronic
records (including signatures), that are otherwise valid, shall be accepted
under the Sale Agreement. The Customer consents to receiving electronic records,
which may be provided via a web browser or e-mail application connected to the
Internet; consumers may withdraw consent to receiving electronic records or have
the record provided in non-electronic form by contacting American Chess Store at the
address provided below. In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control. Governing Law THIS AGREEMENT AND ANY
SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TX, WITHOUT
REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF
THE FEDERAL OR STATE COURTS LOCATED IN US COUNTY, TX FOR PURPOSES OF
ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT. Title; Risk
of Loss Title to goods herein being purchased is retained by the seller until
goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
American Chess Store is American Chess Store'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). Export Sales If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased. General Legal Disclaimer
American Chess Store HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY American Chess Store IN NO WAY
AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions. 56K
Disclaimer 56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps. Third-Party Product and Y2K
Disclaimer All products sold by American Chess Store are third party products and are
subject to the warranties and representations of the applicable manufacturers,
including but not limited to Y2K compliance. Accordingly, American Chess Store makes no
representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer All pricing subject to change. For all
prices, products and offers, American Chess Store reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome! While American Chess Store uses reasonable
efforts to include accurate and up-to-date information on the Site,
American Chess Store makes no warranties or representations as to the Site's accuracy.
American Chess Store assumes no liability or responsibility for any errors or omissions
in the content on the Site. Limitation of Liability American Chess Store 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. American Chess Store WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES
THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,
American Chess Store IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
AGREEMENT. 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) arising from or
relating to this Sale Agreement, its interpretation, or the breach, termination
or validity thereof, the relationships which result from this Sale Agreement
(including, to the full extent permitted by applicable law, relationships with
third parties who are not signatories to this Sale Agreement), American Chess Store's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY
BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF)
under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at
the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this Sale Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Austin, TX. Judgment on
the award rendered by the arbitrator(s) may be entered by any court having
jurisdiction. Each party shall bear its own cost of any legal representation,
discovery, or research required to complete arbitration. Orders; Payment Terms;
Interest; Taxes Orders are not binding upon American Chess Store until accepted by
American Chess Store. Terms of payment are within American Chess Store's sole discretion.
Invoices are due and payable within the time period noted on the invoice,
measured from the date of the invoice. American Chess Store may invoice parts of an
order separately. Customer agrees to pay interest on all past-due sums at the
highest rate allowed by law. The Customer is responsible for sales and all other
taxes associated with the order. Freight Policy Shipping and handling charges on
all orders vary; contact your American Chess Store account manager for our most current
and competitive rates, options and shipping specials. For the Customer's
protection, we ship only to the verified billing address of the Customer's
credit card. In some circumstances, international shipping may be available.
Call for details. Return Policy The following refund policy applies to all
products except those stating their own refund policy with the product
description: American Chess Store offers a 7 days return policy on selected
items based on manufacturer return policies. For further information not listed,
please contact your American Chess Store account manager. Please call 000-000-0000 or e-mail
our Returns Department at sales@americanchessstore.com to obtain a Return Merchandise
Authorization (RMA) number before shipping your product. NO returns of any type
will be accepted without an RMA number. For faster service, please have the
following information on hand when calling for an RMA number: customer name,
invoice number, serial number and nature of the problem. All products returned
MUST: be 100 percent complete, contain ALL original boxes and packing materials,
have original UPC codes on the manufacturer boxes, contain all manuals, blank
warranty cards and other accessories and documentation provided by the
manufacturer. You are responsible for shipping charges on returned items;
American Chess Store will match your shipping method on your replacement or exchange
item(s). American Chess Store strongly recommends you fully insure your return shipment
in case it is lost or damaged and you use a carrier that can provide you with
proof of delivery for your protection. If merchandise arrives damaged: it is
best to REFUSE it back to the carrier attempting delivery. If you accept the
package make sure it is noted on the carrier's delivery record in order for
American Chess Store to file a damage claim. Save the merchandise AND the original box
and packing it arrived in, notify American Chess Store immediately to arrange for a
carrier inspection and a pick up of damaged merchandise. If you do not notify
American Chess Store of damaged goods within the first 15 days of arrival, our regular
return policy will override any claim of damage, and will fall under all current
manufacturer restrictions. Call 000-000-0000 or your American Chess Store account manager to
arrange for carrier inspection and a pick up of damaged merchandise. DEFECTIVE
returns can be returned directly to American Chess Store within 7 days from
the invoice date, at American Chess Store's discretion for: credit, replacement,
exchange or repair. Manufacturer restrictions do apply and are outlined in our
detailed policy. Any item that is missing the UPC can ONLY be replaced with the
same item. After 7 days, all manufacturers' warranties apply.
NON-DEFECTIVE returns can be accepted directly by American Chess Store within
7 days from the invoice date, at American Chess Store's discretion for:
credit, exchange. All NON-DEFECTIVE returns are subject to a 15
percent restocking fee. Due to manufacturers' policies, American Chess Store cannot
accept returns of the following items for exchange, replacement or credit FOR
ANY REASON: (American Chess Store exceptions). DEFECTIVE merchandise can be returned
for REPAIR ONLY to: American Chess Store, the manufacturer direct or any authorized
service center in your area. Additional manufacturers may be added to this list
as: manufacturer policies change, manufacturer goes out of business or in the
case of specially ordered items. American Chess Store reserves the right to authorize
product returns beyond 7 days from the invoice date. IF the product
is accepted after 7 days and before 30 days, credit will be issued toward FUTURE
PURCHASES ONLY. Original shipping charges are refunded on returned
items. Customers are responsible for all shipping charges back to American Chess Store
on returned items, and American Chess Store will pay the shipping charges on the
replacement or exchange item(s) going back. Credit Cards Credit card charges are
processed offline after ordering the products and/or services.
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American Chess Store
PO BOX 150694
Austin, TX 78715
United States
Ph: 000-000-0000
e-mail: sales@americanchessstore.com
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