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TERMS AND CONDITIONS

Welcome to ARCHIVE-CD, LLC's web site. Please feel free to browse and enjoy this Web Site. Be sure to review these Terms and Conditions of Use and our Privacy Policy.

By accessing, browsing and/or using this Web Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use, including the privacy policy, and to comply with all applicable U.S. laws and regulations. In addition, you agree not to in any way alter or tamper with the operations or in any way compromise the security of the Web Site. If you do not or cannot agree to the Terms and/or the Privacy Policy , please do not use the Web Site or any of the services offered through the Web Site. In addition, from time to time, ARCHIVE-CD, LLC may need to change or modify these Terms and/or the Privacy Policy and, as such, ARCHIVE-CD, LLC reserves the right, in its sole discretion, to do so. Your continued viewing of or use of the Web Site following the posting of any changes to the Terms and/or the Privacy Policy will signify your assent to any such changes. We hope that you find our Web Site and its products and services useful.

Pricing and Promotions Disclaimer

Pricing, Typographical Errors, Availability and Specifications on www.archive-cd.com and Search Engines Advertising ARCHIVE-CD Products.

Due to the fast pace of the computer and consumer products industries, prices, specification, and availability of products change without prior notice. Due to the volatile nature of the computer industry, product descriptions may not reflect current technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. We make every effort to provide you with the most accurate, up-to-the-minute information. Despite our best efforts, a small number of items on our web site may be priced incorrectly. In the event a product is listed at an incorrect price due to typographical, photographic, technical error, or error in pricing information received from our suppliers, ARCHIVE-CD, LLC reserves the right to refuse or cancel any orders placed for products listed at the incorrect price.

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you wish to do so.

While we make every attempt to verify prices before charging your credit card, ARCHIVE-CD, LLC reserves the right to refuse or cancel any orders placed on incorrectly priced products 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, ARCHIVE-CD, LLC will immediately issue a credit to your credit card account in the amount of the incorrect price.

Although Internet online processing generates an automatic confirmation and response via e-mail, ARCHIVE-CD, LLC may make changes on pricing, product description, and/or specification, after the confirmation and prior to product shipment. Such changes are intended to cope with situations including, but not limited to, corrections to errors, changing market conditions, discontinuation and/or unavailability of products. ARCHIVE-CD, LLC reserves the right to limit and prohibit any sale at its discretion. Proof of purchase and postage may be required for any rebate program.

Warranty Disclaimer

The products and services of ARCHIVE-CD, LLC are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. ARCHIVE-CD, LLC does not warrant that any part of this web site will be uninterrupted or error-free, that defects will be corrected, or that this web site or the server that makes it available are free of viruses or other harmful components. ARCHIVE-CD, LLC does not warrant or make any representations regarding the use or the results of the use of this web site in terms of its quality, correctness, accuracy, reliability or otherwise. You should therefore verify any information obtained from this web site before acting on it. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you to the extent such exclusion is not allowed by such law.

ARCHIVE-CD, LLC explicitly disclaims any responsibility for the accuracy, content, and availability of information, products, services or merchandise found on web sites that link to or from the web site. ARCHIVE-CD, LLC cannot be held responsible for the material contained on third party web sites and/or related services nor does ARCHIVE-CD, LLC make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against ARCHIVE-CD, LLC with respect to such web sites and services.

Limitation of Liability

To the fullest extent permitted by law, under no circumstances including, without limitation, ARCHIVE-CD, LLC's negligence, shall ARCHIVE-CD, LLC be liable for any damages including, without limitation, direct, special, indirect, consequential and/or incidental damages that result from your use or inability to use this web site, any of ARCHIVE-CD, LLC's content and/or any related software, even if ARCHIVE-CD, LLC or an ARCHIVE-CD, LLC representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you to the extent such exclusion is not permitted by such law. Notwithstanding anything else contained in these terms and/or the privacy policy, in no event shall ARCHIVE-CD, LLC’s total liability to you for any damages, losses, claims and/or causes of action, whether in contract, tort, negligence or otherwise exceed five hundred dollars ($500). Further, you shall indemnify, defend and hold harmless ARCHIVE-CD, LLC and, its affiliates, subsidiaries, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of this web site in violation of these terms and/or the privacy policy or the infringement by you of any intellectual property right of any person or entity.

Governing Law

The laws of the state of Oregon govern your use of the web site, services and this agreement. Any legal action or proceeding relating to your access to, or use of, this web site or ARCHIVE-CD, LLC's services may be instituted in a state or federal court located in Oregon. You and ARCHIVE-CD, LLC hereby agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Furthermore, no delay or omission by ARCHIVE-CD, LLC to exercise any right or any noncompliance on your part with respect to the terms and/or the privacy policy shall impair any such right or be construed to be a waiver by ARCHIVE-CD, LLC. If any provision of the terms and/or the privacy policy is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
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