By accessing Big Apple Computers Inc e-Commerce site, you are agreeing to the following terms and conditions (as modified from time to time), and each time that you access Big Apple Computers Inc, you reassert your agreement. If you do not agree with these terms and conditions, then you may not access or use Big Apple Computers Inc.
1. Password
- In order to access Big Apple Computers Inc, you must present a valid password and user ID. Your password is your sole responsibility, and you must take all necessary actions to safeguard the security of your password and its use in accessing Big Apple Computers Inc and ordering product via Big Apple Computers Inc. You agree not to challenge the validity or enforceability of any order made via Big Apple Computers Inc with your password. You must not disclose your password to any person who is not authorized to use the password on your behalf. You will be solely responsible for all unauthorized use of your password by your employees or third parties, except where caused by Big Apple Computers Inc's sole negligence. Big Apple Computers Inc highly recommends that you change your password periodically, and that you change your password immediately when you have reason to believe that your password security has been compromised.
2. Terms and Conditions of Sale
- All sales of product via Big Apple Computers Inc shall be pursuant to Big Apple Computers Inc's standard terms and conditions, as amended from time to time. Any conflicting terms in your purchase order or elsewhere are without effect. Your purchase via Big Apple Computers Inc is deemed to be a purchase pursuant to a written agreement.
3. Disclaimer
- PRODUCT PURCHASED VIA BIG APPLE COMPUTERS INC’s E-COMMERCE WEB SITE IS ON AN "AS IS" BASIS AND BIG APPLE COMPUTERS INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS. BIG APPLE COMPUTERS INC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BIG APPLE COMPUTERS INC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE BIG APPLE COMPUTERS INC WEB SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
4. Limitation on Use
- The products sold hereunder are not designed for, and Big Apple Computers Inc has no desire (i) to enter the life support market or to supply goods for use in life support systems, critical care applications, human implantation, commercial aviation, nuclear facilities or systems or any other applications where product failure could lead to injury or persons or loss of life or catastrophic property damage, or (ii) expose itself to the risk of loss, expenses, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the products. Therefore, Big Apple Computers Inc disclaims any and all liability, and should you use or sell such products for use in such applications, you do so at your own risk.
5. Limitation of Liability
- Except as specifically stated herein, neither Big Apple Computers Inc nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of Big Apple Computers Inc. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- IN NO EVENT SHALL BIG APPLE COMPUTERS INC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO BIG APPLE COMPUTERS INC’s PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S) SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF BIG APPLE COMPUTERS INC OR OTHERWISE. BIG APPLE COMPUTERS INC’s LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT BIG APPLE COMPUTERS INC’s OPTION.
6. Indemnity
- You agree to defend, indemnify and hold Big Apple Computers Inc and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, arising from or in any way relating to your use of Big Apple Computers Inc.
7. Modification
- This agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein. Big Apple Computers Inc may modify these terms and conditions, as well as the information and functionality of Big Apple Computers Inc, at any time. If Big Apple Computers Inc should make any changes to these terms and conditions, you may be required to confirm your agreement to such changes in order to access Big Apple Computers Inc.
8. Governing Law
- This Agreement will be governed by the laws of the State of Florida, USA, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
- BY ACCESSING BIG APPLE COMPUTERS INC, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.