HAWKING TECHNOLOGIES, INC.
Terms And Conditions of Hawking Online Store Site Use <www.gohawking.com/store>
Entering this Site will Constitute your Acceptance of these
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY MAY HAVE
CHANGED SINCE YOUR LAST VISIT TO THIS SITE. YOUR USE OF THIS SITE CONSTITUTES
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND ANY CHANGES TO THESE TERMS
AND CONDITIONS AFTER THEY ARE POSTED. DO NOT USE THIS SITE IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS
AT ANY TIME, AS WE SEE FIT.
Customer Information
Hawking's online store does not currently rent, sell or otherwise
forward your name to other companies. To learn more about how we protect customer
information, please see our Security and Privacy Statement.
Payment
Paying by Credit Card. You may pay by Visa, MasterCard
and American Express. We do not add any credit card surcharges. Please see our
Security and Privacy Statement for more information about your credit card safety.
Pricing, Specifications and Availability
Prices, specifications and availability of products are subject
to change without notice. Due to the changing nature of the computer market,
and because of the technical differences in the equipment of our customers,
product descriptions may not reflect current technical information, and we cannot
be responsible for photographic differences in product size, shape and color.
Hawking Store orders generate an automatic confirmation e-mail,
but the receipt of a confirmation only means that we have received your order,
and does not constitute an offer to sell. We may change our pricing, product
description or specifications after any confirmation e-mail, but prior to shipment,
due to errors, changing market conditions, product discontinuation or unavailability,
typographical errors, or any other reason. We reserve the right to limit the
quantity of any item sold, or prohibit a sale altogether.
We will notify you of any corrections or changes to your order,
and will not complete it until we have your approval. Published prices do not
include shipping, sales tax and insurance. We are required by law to collect
sales tax on all shipments to all states except Alaska, Delaware, Hawaii, Montana,
New Hampshire, Oregon, Virginia, and the District of Columbia (at the state/local
tax rate).
Product Warranty and Limitations
Warranty. WE WARRANT THAT OUR PRODUCTS WILL
BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE MAKE NO OTHER WARRANTY,
EXPRESS OR IMPLIED, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE WHICH EXCEEDS THE FOREGOING WARRANTY IS HEREBY DISCLAIMED.
Limitation Of Liability. IN NO EVENT SHALL
HAWKING TECHNOLOGIES, ITS SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE PARTNERS,
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY,
"HAWKING") BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE
OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR
OTHERWISE, AND WHETHER OR NOT HAWKING HAS BEEN ADVISED OF THE POSSIBILITY OF
ANY SUCH DAMAGES. YOU AGREE THAT HAWKING'S MAXIMUM LIABILITY ARISING FROM ANY
PRODUCT SOLD BY HAWKING SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO
THE ABOVE MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE
TO THIS AGREEMENT.
Trademarks and Copyrights
This site and all materials, images, audio and
video clips, information and any other content of whatever nature displayed
or transmitted on or over this site ("content"), is the property of
Hawking and/or its licensors and is protected from unauthorized copying and dissemination
by copyright law, trademark law, and other intellectual property laws. Any use
or modification of the content or any part of the content for any purpose, other
than as expressly permitted by there terms and conditions, constitutes an infringement
of our copyrights, trademarks and other proprietary rights. You may not reproduce,
create derivative works from, republish, upload, post, transmit, use on any
other web site or transmit or distribute in any way whatsoever any content from
www.hawkingtech.com without our prior written permission. You may, however, download
or make one copy of the content for personal, non-commercial home use only,
but all copyright and other notices must be left intact. Nothing contained on
this site shall be deemed as granting, by implication, estoppel, or otherwise,
any license or right to use this site or any content, except as expressly permitted
above or with our prior written permission or the permission of any third party
that may own the trademark or copyright of content on this site.
Miscellaneous
Links to Third Party Sites. We
provide links to third party sites for your convenience. The inclusion of any
link does not imply our endorsement of the site. When you link to a third party
site, you leave the Hawking site. The linked sites are not under our control
and we are not responsible for the content of any linked site or any link contained
in a linked site.
Disclaimer of Warranty for Use of the
Hawking Store Site. Gohawkig.com/store provides this site and its contents
on an "AS IS" basis. We make no warranty or representation as to this
site, either express or implied, including the warranties of merchantability,
fitness for a particular purpose, and non-infringement.
Limitation of Liability for Use of the Hawking
Store Site. HAWKING IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THIS SITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HAWKING'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CauSES OF ACTION RESULTING FROM YOUR USE
OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE, EXCEED US $1.00.
Governing Law. This site is operated
from within the United States. We do not ship outside the United States and
we make no representation that content on this site is legal or appropriate
for use from outside the United States. This agreement is governed by and construed
in accordance with the laws of the State of California, as it is applied to
agreements entered into and performed therein. Any action brought to enforce
this agreement or matters related to this site will be brought in either the
state or federal courts of the State of California; provided, however, that
we have the right to institute judicial proceedings against anyone in any other
jurisdiction to enforce our rights under this agreement through specific performance,
injunction, reformation of contract or similar equitable relief. If any provision
of this agreement is unenforceable for any reason, that provision will be severed
from this agreement and the remaining provisions of this agreement will remain
in full force and effect. This agreement constitutes the entire agreement between
you and Hawking concerning your use of this site.
Internet Fraud. In the interest
of preventing Internet fraud, Hawking reserves the right refuse to ship any
order that is submitted with an untraceable or free email address, or an invalid
telephone number.
Comments and Questions. We appreciate
your comments about our site. However, any comments, ideas, suggestions or other
communications sent to the site become the sole property of Hawking, and we
may use all such communications in any manner, including reproducing, disclosing
and publishing them, without compensation to you. If you have any questions
or complaints, please contact us at customerservice@hawkingtech.com.
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