Terms and Conditions
“ITO” shall mean IT Outlet, Inc.
“Customer” includes any individual or entity that purchases any product or service from ITO, or any individual or entity that Sends any equipment or gear to us.
“Send” or “Sending” means the sending or transmission of any equipment or gear to us for any reason, whether for purchase, repurchase, repair, pursuant to a RMA, for return, or exchange.
“User” includes Viewers and Customers.
“Viewer” includes any individual or entity that views, prints, distributes or otherwise uses the contents of this Website whether in electronic or printed form.
“Website” shall include any information contained upon itoutlet.com or any website that mirrors the content of itoutlet.com
“You” or “Your” includes Viewers and Customers.
Agreement. This Website is owned and operated by ITO. The following terms and conditions shall apply to each User. If this Agreement does not answer Your questions, we invite You to email us at [email protected].
Contents and Disclaimer of Warranties. The information contained in this Website is not guaranteed to be accurate, current or complete. ITO has attempted to provide accurate information on this Website, but assumes no responsibility for the accuracy of the information. Information on this Website may contain inaccuracies or typographical errors, and may be changed without notice.
THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW.
ITO AND ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE HEREBY DISCLAIM: (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS WEBSITE OR ANY PART OF IT; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS WEBSITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE, AND (E) WARRANTIES RELATING TO WEBSITES WHICH THIS WEBSITE IS LINKED.
PRODUCT WARRANTIES. ALL MERCHANDISE IS SOLD “AS IS” BY ITO. PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. MANUFACTURERS MAY PROVIDE A WARRANTY DIRECTLY TO CUSTOMER, BUT ITO ASSUMES NO RESPONSIBILITY THEREUNDER. IN CERTAIN CASES, WE OFFER A NINETY (90) DAY LIMITED WARRANTY, PROVIDED THAT OUR CUSTOMERS COMPLY WITH THE RMA PROCESS.
ITO MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD OR SERVICED, AND MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE NOR ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST OR CORRUPTED DATA OR SOFTWARE, ETC.
Pricing. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice. Prices change frequently, and we cannot guarantee any price on our Website until we accept an order (see our Order Acceptance Policy below). ITO may change the products and/or information contained on this Website at any time, without prior notice. ITO may not be able to honor prices on the Website.
An ITO account Executive will inform You when a product is not in stock, and can tell You when ITO expects the product will be available. Anticipated delivery dates are based upon vendor supplied information and are subject to change.
Right of Offset. At any time that an amount is due ITO, ITO shall have the right, without prior notice, to set off and apply any amounts otherwise owed by ITO to User, to any amounts owed to ITO by User, in all cases.
Title; Risk of Loss. Title to products purchased from ITO passes to the Customer from ITO at the time of shipping to the Customer. Customer takes on full liability for safety and validity of delivery address given to us. ITO will not incur any forwarding costs on shipments. ITO shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, or other acts or events nothing within the reasonable control of ITO.
Order Acceptance Policy. Your receipt of an order confirmation (whether electronic or any other form) does not signify ITO acceptance of an order, nor does it constitute confirmation of an offer to sell by ITO. ITO reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. ITO further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by ITO upon shipment of products or performance of services that You have ordered.
No Responsibility To Sell Mispriced Products Or Services. ITO shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. ITO shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, ITO shall immediately issue a credit to Your credit card account in the amount of the charge.
Service and Support for Goods Sold. With the exception of the RMA process, all requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
LIMITATION OF LIABILITY. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ITO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA, SOFTWARE OR OTHER INTANGIBLE LOSSES (EVEN IF ITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION SHALL INCLUDE, BY WAY OF EXAMPLE AND NOT LIMITATION, DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (iv) DELAYS IN ORDER PROCESSING, SHIPPING OR FULFILLMENT, (v) LOSS OF DATA OR SOFTWARE, OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE, ORDER, PURCHASE, OR ANY ITEM YOU SEND TO US. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR ANY PRODUCT OR GEAR THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.
Consent To E-Mail COMMUNICATION. By placing an order with ITO, and each time You make an order, Send equipment, or submit information through our Website, You grant permission for ITO to contact You at Your e-mail address. To stop receiving our marketing emails, send an e-mail to us at [email protected] or follow the opt-out procedures set forth in such marketing emails.
INDEMNITY. Each User agrees to defend, indemnify and hold ITO, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys’ fees, due to or arising out of use of this Website by the User, violation or breach of this Agreement, or any violation of any rights of another by the User.
REPRODUCTION OF CONTENT. The content in the Website is protected by United States and International copyrights. User agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the Website without the prior permission of ITO. Notwithstanding the foregoing, ITO grants each Viewer the personal right to download Website materials for personal non-commercial use.
NO GRANT OF LICENSE. Nothing on the Website or on any ITO website, or Your use of the Website, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ITO, its affiliates or any third party, whether by estoppel, implication or otherwise.
Not For Resale or Export. Each Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Each Customer represents and agrees that the Customer is buying only for the Customer’s own internal use only, and not for resale or export.
BACKUP; REMOVAL. You agree and understand that it is Your responsibility to maintain copies of all data and software on Your gear, and to make redundant backup copies prior to Sending Your gear to us. We do not backup Your data, and are not responsible for any losses, whether the loss occurs while Your gear is in our possession or while in transit to or from You. You must remove and securely delete any confidential, personal, sensitive, or private data and software before Sending Your equipment or gear to us. We have no duty nor obligation to You to remove data from Your equipment or gear.
PREAUTHORIZATION; RISK OF LOSS. You agree that, prior to Sending Your equipment or gear to us, You will contact us for preauthorization and fully describe the equipment or gear You will be Sending. We have no obligation to accept any package that You Send us unless we have authorized You to Send it to us. After we have authorized You to Send us Your equipment or gear, You are responsible to insure the package for the replacement value, together with any other contents therein. You retain risk of loss even while Your gear is in our possession. Do not send us unique or “one of a kind” gear.
RETURN OF ORDERS. All returns of any product received by Customer from ITO must, in addition to complying with this Agreement, comply with our RMA process. The RMA policy is incorporated into this Agreement by this reference, and is available by clicking here: RMA process.
TRADEMARK INFORMATION. IT Outlet, I.T. OUTLET, it OUTLET, and itoutlet.com, together with the design logo, are trademarks of ITO (the “ITO Marks”). User agrees not to display or use the ITO Marks in any manner without first obtaining written permission of an authorized representative of ITO.
COPYRIGHTS AND COPYRIGHT AGENTS. ITO respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide ITO with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
ITO’s Copyright Agent for notice of claims of copyright infringement is Kevin Huber, who can be reached as follows:
IT Outlet, Inc.
1900 N. Walnut Ave
Brandon, SD 57004
JURISDICTION. User understands and agrees that use of this Website is not intended to and does not create jurisdiction in any state or country other than South Dakota of the United States of America. User understands and agrees not to use this Website if User deems electronic communication as consent to jurisdiction in any other state or country. User further understands and agrees that the information on this Website is not directed towards any specific jurisdiction other than South Dakota of the United States of America. User understands that the information on this Website was published and maintained from South Dakota. User acknowledges and agrees that all information contained on this Website is deemed “published” when first posted to our web server.
Disputes. Any claims against ITO relating in any way to Your order, inquiry, purchases, use of the Website, or attempted or actual interaction with ITO shall be submitted to confidential arbitration in Sioux Falls, South Dakota. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Subject to the last sentence of this paragraph, in any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding this Agreement or any transaction between the customer and ITO shall be brought in the state or federal courts located in Minnehaha County, South Dakota, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper. In the event ITO is successful in the arbitration, it shall be awarded its reasonable costs, expenses and attorney fees.
TITLES. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
GOVERNING LAW. This Agreement and the relationship between User and ITO shall be governed by the laws of the State of South Dakota, without regard to its conflict of law provisions.