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Conditions of Use  
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).

Returns Policy

All returns must comply with the return procedure set forth below, and all returned items must be in new condition, including the original box, packaging, manuals and accessories. No refunds or exchanges are allowed after 30 days from the date of receipt, or if the UPC code has been removed from the packaging. A restocking fee may be applied equal to 20% of the purchase price will be charged on any opened item, unless the item is defective; or exchanged for the same or a similar item. The 20% restocking fee will be assessed at the time of refund or exchange. Shipping and Handling charges are not refundable.

Refurbished and Closeout items have a 90 day warranty only.

Returns Procedure. First you must obtain an RMA (Return Merchandise Authorization) number. To obtain and RMA number, please fill out a RMA form, then email to rma@hawkingtech.com or fax to (949)206-9072. RMA numbers are valid for 30 days from the date of issuance. We are unable to accept returns without an RMA number. All returns must be shipped prepaid.

For more RMA information please click here or email customerservice@hawkingtech.com

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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