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Policy and Purchase Agreement

Policy and Purchase Agreement

GadgetsGo.com Policy and Purchase Agreement

By accepting delivery of any product ordered from GadgetsGo.com, you ("Customer") agree to be bound by the terms and conditions listed below. You and GadgetsGo.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and GadgetsGo.com. 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. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from GadgetsGo.com.

Payment Methods

  • Visa
  • MasterCard
  • Discover Network
  • American Express
  • PayPal
  • GadgetsGo.com Gift Certificate
  • Pre-paid company check, personal check, cashier's check or money order (Note: Pre-paid methods, including cashier's checks, take slightly longer to process because all payments must first clear with the bank due to the risk of fraud.)
  • Meteorite, meteoroid, or tektite
  • No Purchase Orders, Fax or C.O.D. orders please.

Shipping Methods

  • We strive to ship the SAME OR NEXT BUSINESS DAY, but sometimes may be longer for various really good reasons. GadgetsGo.com does not guarantee same day shipping. But, we will try!
  • GadgetsGo.com does not usually process orders during weekends, but sometimes we get super motivated and work anyway.
  • FedEx 3Day Express Saver: 3 to 4 business days + 2 to 48 hours to process the order.
  • FedEx 2Day: Delivery within 2 business days + 2 to 48 hours to process the order.
  • FedEx Standard Overnight: Delivery within 1 business day + 2 to 48 hours to process the order.
  • UPS Ground: 1 to 7 business days + 2 to 48 hours to process the order.
  • UPS 3Day Select: 3 business days + 2 to 48 hours to process the order.
  • UPS 2Day: 2 business days + 2 to 48 hours to process the order.
  • UPS Red Next Day Residential: Delivery within 1 business day + 2 to 48 hours to process the order.
  • Large Item Delivery and White Glove Delivery: 3 to 5 business days + 2 to 48 hours to process the order.
  • USPS First Class, First Class International, Parcel, Priority Mail, Priority Mail International, Express, Media Mail: Delivery within 1 to 9 business days + 2 to 48 hours to process the order.
  • USPS APO/FPO orders welcome! Delivery will take approximately 2 to 6 weeks + 2 to 48 hours to process the order. (Due to military APO/FPO box size, 19" and larger monitors cannot be shipped via this method; please remove them from your shopping cart before proceeding.)
  • FedEx only offers 2-Day service to Hawaii and Alaska. If you have selected FedEx Express Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.
    • FedEx Express Saver is not available to Hawaii, Alaska or Puerto Rico.
    • FedEx Express Saver is supported by DHL Smart Mail or UPS Mail Innovation Services.
    • Not all warehouses support FedEx Express Saver.
    • Not all orders qualify for FedEx Express Saver. Determination of eligibility will be made based on order weight and item dimensions.
  • No deliveries will be made on Saturday or Sunday, unless your order is shipped with USPS and they are still delivering on Saturdays, or you've paid for FedEx overnight service with a Saturday surcharge.
  • All orders shipped within Florida will be charged state sales tax. Please note that the sales tax for Florida orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed on shipping and handling is part of the state sales tax, not a separate tax.
  • Exact delivery times to Hawaii, Alaska, Puerto Rico, other countries and planets cannot be guaranteed.
  • We reserve the right to ship using a different carrier than the one you chose during checkout as long as the delivery time is the same or faster.
  • GadgetsGo.com may forward your order to a fulfillment service for shipment.

Promo Codes

GadgetsGo.com may occasionally furnish an alphanumeric code that can be used for promotions on our Web site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the GadgetsGo.com Web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.

For your convenience, GadgetsGo.com does its best to advertise any current rebates on our Web site. Any use of these rebates is limited to the terms and conditions specified by the product manufacturer. If you have any questions regarding rebate terms and conditions, please contact the manufacturer directly.

Sales Tax

Sales tax is only required for orders shipping into states where we or our distributor or our fulfillment service has or may have nexus for state tax purposes under applicable laws. All orders shipping into Florida will be charged applicable sales tax according to your area's tax rate, based upon the total price of the order, including shipping and handling. The tax imposed on shipping and handling is part of the state sales tax, not a separate tax.

Satisfaction Guarantee/Money Back Guarantee, Refund Policy and Return Policy

At GadgetsGo.com, we Guarantee Your Satisfaction 100%! If you are not 100% satisfied with your GadgetsGo.com product, then return it within 30 days from the original invoice date, unless another time period or policy is indicated on the product detail page, and we will either replace the product or refund the price of the product not including shipping cost. A Return Merchandise Authorization (hereinafter "RMA") number is required for all returns. GadgetsGo.com will not refund to Customer the original shipping charges or reimburse the customer's cost to return to GadgetsGo.com. In addition, GadgetsGo.com will assess a 20% restocking fee against the Customer's account on all returns for refund. Additional deductions may be made for CPU returns to reflect the current market value. Customers must inform GadgetsGo.com of any order discrepancy within seven days from the invoice date in order to be eligible to return the item.

The following purchase circumstances are exceptions to our Money Back Guarantee:

  • In general, the GadgetsGo.com vendor will honor GadgetsGo.com's Money Back Guarantee and Return Policy set forth above. Some GadgetsGo.com product detail pages state a return policy that differs from GadgetsGo.com's return policy set forth above. In the event of a conflict between GadgetsGo.com's return policy and those on such product page, then the return policy on the product page shall apply.
  • 7-day replacement or refund guarantee on all CPUs, including Open Box processors. All other Open Box merchandise has a 15-day warranty period.
  • For CPUs, the base cost will reflect the current market value rather than the price on the original invoice.
  • Downloadable software purchases are refundable within 15 days of the invoice date. GadgetsGo.com will confirm that the product has not been downloaded and, upon verification, the customer will be issued a letter of destruction. Once he/she agrees to the terms stipulated in the letter, GadgetsGo.com will issue a RMA number for the refund amount.
  • DVDs are non-refundable but may be exchanged for a functional version of the same film by using the pre-paid shipping label packaged with your order.
  • Retail Software may only be returned for refund within 30 days of the invoice date if the packaging is unopened and untampered with. Opened retail software cannot be returned for refund. If you have opened a retail software purchase to discover a damaged and/or defective disc, you may exchange the software for an identical replacement by contacting GadgetsGo.com Customer Service on our Contact Us page and acquiring an RMA number. All OEM software including the operating system is 100% non-refundable once purchased and delivered. OEM versions are intended for system builders only and cannot be transferred to another PC once it is installed. Purchasers of this software are required to comply with the terms of the System Builder License, including responsibility for providing all end-user support. GadgetsGo.com is not responsible for system/software incompatibility, and incompatibility issues do not qualify software as damaged or defective. Customers are encouraged to contact the respective software publisher for answers to technical questions, such as minimum system requirements, prior to purchase.

Product Return Procedure

  • To return a product in compliance with GadgetsGo.com's satisfaction guarantee, you must follow the following procedure.
    1. Log in with this link or with the link at the upper right corner of most pages on GadgetsGo.com.
    2. In the "Your Account" box, click the "Order history" link.
    3. Use the "Search for orders" box to find the order for which you want to create a return request.
    4. Click on either the order number or the order status to open the "Order details" page.
    5. Below the invoice form, find the "Create return request" box. If this box does not appear, then either none of the products in the order are returnable, or the product return time period has expired. If the "Create return request" form is there, then please complete the form and click the "Create" button to create a request and send it to us.
    6. After you click "Create", you can view your return request status by following steps #1 and #2 above, then clicking on the "Returns" tab.

    All RMA requests must be filed online following the procedure described above. GadgetsGo.com will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by GadgetsGo.com. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
  • Customer is solely responsible for shipping any returned product to GadgetsGo.com. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, then GadgetsGo.com's Return Procedure will be breached and GadgetsGo.com may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
  • You must return your purchase to the address of the vendor which shipped your order to you, rather than to GadgetsGo.com's address.

Physical Damage Policy

Physical damage to any product purchased at GadgetsGo.com shall void warranty coverage. Improper Installation of CPU fans and/or improper clocking may cause CPUs to chip. CPUs that are chipped, burnt or have bent pins are considered physically damaged and cannot be returned for refund or replacement. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. GadgetsGo.com encounters bent pins regularly when inspecting physically damaged CPUs. Forcing a processor into position will not solve an installation problem and may consequently void any applicable warranty coverage. Intel and AMD will not accept physically damaged processors back from GadgetsGo.com. As a result, GadgetsGo.com will return any physically damaged CPU back to the customer at the customer's expense.

Technical Support

GadgetsGo.com will strive to provide advice to our customers to assist them in their purchase. We also encourage you to contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at GadgetsGo.com.

GadgetsGo.com will rush process your order for an additional fee provided that the following conditions are met:

  • Order is submitted before 12 noon Eastern US Time.
  • Your transaction and credit card authorization is successfully completed before 12:30PM Eastern US Time.
  • Your shipping address matches your credit card billing address (i.e. no alternate ship to address).
  • Rush Processing does not apply to Pre-Paid Check orders.

Rush Processing Disclaimer

In all circumstances, GadgetsGo.com's maximum liability is limited to this rush order fee only. While GadgetsGo.com cannot guarantee same day shipment for all orders, it will put forth its best effort to ship all rush processing orders the same business day if the above conditions are met. Otherwise, your $5.99 rush processing fee will be refunded.

Pre-orders

Click the Pre-order button in the item description and checkout as you normally would. A Sales Order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered DVD or software is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two Sales Order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via our Web site and through standard Order Status emails to your account.

Marketplace: Pre-ordering is not currently available for items offered for purchase from GadgetsGo.com Marketplace sellers.

Order status

GadgetsGo.com will keep you informed of your order status via e-mail. All tracking information will be emailed to your GadgetsGo.com ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our Web site.

Security

Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.

Privacy

GadgetsGo.com respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our Web site will be used for processing purposes only. The only e-mails you will receive from GadgetsGo.com are updates to any recent orders and/or returns.

Safe Shopping Guarantee

Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Change Orders

You may request a change to your order provided the order has not already been charged to your account. Please call us toll free at 1-866-672-4853 during GadgetsGo.com's hours of operation to request a change to your order. Please have your sales order or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.

Cancel Orders

You may request that an order be cancelled provided the order has not already been processed and shipped. Simply call us toll free at 1-866-672-4853 during GadgetsGo.com's hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.

Unfortunately, we do not currently have a reseller or discount program available at this time. GadgetsGo.com currently already negotiates the best possible price for you, and offers these great discounts to all of our customers through our Web site. Anytime we receive any specials or promotions, we will immediately post them on our Web site for you to take advantage.

  • Tax: All customers outside of Florida, New Jersey and Tennessee will not be charged any state sales tax. Therefore, there is no need to fax or set up any reseller tax exemption form.
  • For Florida, New Jersey and Tennessee Resellers: please place your first order as normal, and fax over your reseller permit and this form with your Sales Order number. We will remove all tax from your order. Click here to view and print our reseller tax exemption form.

Volume Discounts

Please contact us for volume discounts.

Product Listings

GadgetsGo.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, GadgetsGo.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Web sites from GadgetsGo.com are provided as resources to customers looking for additional information and/or professional opinion. GadgetsGo.com does not assume responsibility for the claims and/or representations made on these or any other Web sites.

Product Revisions

GadgetsGo.com is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, GadgetsGo.com puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. GadgetsGo.com relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, GadgetsGo.com will not be held responsible for product revision changes.

Product Reviews

GadgetsGo.com reads all reviews before posting them and reserves the right to deny any review.

Here are some of the things that can cause a review to be denied:

  • Offensive or abusive language.
  • Prices and availability can change very quickly on the GadgetsGo.com Web site, so please leave such information out of your review.
  • Hyperlinks/URLs.
  • References to other stores/resellers.
  • Comments on products that were either physically damaged or misused.
  • Replies to existing customer reviews; please do not attempt to initiate discussions here.
  • Comparisons to competing brands/products of competing brands.
  • Criticism of GadgetsGo.com's service or the service of our operations partners. (FedEx, UPS, PayPal, etc.)
  • References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation (overclocking, hacked drivers, tweaking/modding, etc.)
  • Illegal content
  • Invasions of personal privacy
  • Pornography or obscenity
  • Hate or incitement of violence, threats of harm or safety of a person
  • Graphic violence or other acts resulting in serious injury or death
  • Any violations of copyright. Please see our DMCA policy for more information.
  • Any violation of laws and/or copyrighted musical works.

We may change these policies at any time without notice.

Cell Phone and Rechargeable Battery Recycling Program

GadgetsGo.com has a system in place for the acceptance and collection of used cell phones and used rechargeable batteries for reuse, recycling or proper disposal. Please contact us for information about that system and how you may be able to use that system, at no cost to you.

Product Testing

GadgetsGo.com, like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. GadgetsGo.com does not conduct product testing before shipping any merchandise.

Marketplace: GadgetsGo.com Marketplace sellers may or may not conduct product testing. Check the Seller's Policy Page for information on the product testing practices of individual Marketplace sellers.

"Must Be Purchased with Hardware"

The "must be purchased with hardware" precept is mandated by the software publisher. In accordance, GadgetsGo.com customers must purchase some type of product that falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that some sort of eligible hardware is present in the order itself.

Warranties; All Product Sold "AS-IS" or "With All Faults"

GADGETSGO.COM IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY GADGETSGO.COM ARE NOT MANUFACTURED BY GADGETSGO.COM . THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). GadgetsGo.com 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. GADGETSGO.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. GADGETSGO.COM 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 STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL ITEMS SOLD THROUGH GADGETSGO.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR GADGETSGO.COM, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Limitation of Liability

IN ALL CIRCUMSTANCES GADGETSGO.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. GADGETSGO.COM 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. GADGETSGO.COM 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 GADGETSGO.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

Cell Phone Equipment Discount Reimbursement for Early Termination

CUSTOMER MUST REIMBURSE GADGETSGO.COM THE AMOUNT OF ANY DISCOUNT GIVEN BY GadgetsGo.com IN THE PRICE OF A WIRELESS COMMUNICATION DEVICE, SUCH AS A CELL PHONE, WHERE THE DISCOUNT WAS GIVEN BECAUSE CUSTOMER PURCHASED A WIRELESS COMMUNCATION SERVICE PLAN AS PART OF THE SAME ORDER, IF CUSTOMER DOES NOT MAINTAIN THE WIRELESS COMMUNICATION SERVICE PLAN PURCHASED AS PART OF THE ORDER IN GOOD STANDING FOR A MINIMUM OF 181 DAYS AFTER ACTIVATION. The wireless communication service plan will be considered not to be in good standing if:

  • You fail to pay the balance due by the payment due date in any month.
  • You cancel the service.
  • You change the service plan to a different service plan with a lower monthly service rate.
  • You transfer the equipment to another service plan.
  • You transfer any phone number associated with the service plan to another service plan.
  • You use the service plan purchased as part of the same order to replace an existing service plan you have with the same company.

Customer authorizes GadgetsGo.com to initiate a charge to the credit card or other payment method was used to purchase the Equipment in the amount of $250.00, the Equipment Discount, if it is due.

Recordings

GadgetsGo.com does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with GadgetsGo.com unless Customer has provided clear and conspicuous notice to GadgetsGo.com and has received prior written consent from GadgetsGo.com.

General Terms and Conditions

Orders

An order is not binding upon GadgetsGo.com until it is accepted; GadgetsGo.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with GadgetsGo.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges

Your total cost for purchase of any product will include the shipping and handling charges shown on your GadgetsGo.com invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to GadgetsGo.com.

Risk of Loss

GadgetsGo.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. GadgetsGo.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow GadgetsGo.com to sign appropriate documents on Customer's behalf to permit GadgetsGo.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. GadgetsGo.com will advise Customer of estimated shipping dates, but GadgetsGo.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between GadgetsGo.com and Customer shall be governed by the laws of the State of Florida, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. GadgetsGo.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Florida, Miami-Dade County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against GadgetsGo.com that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Florida law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with GadgetsGo.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between GadgetsGo.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between GadgetsGo.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

(V1.03: 3-26-2012)