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Memory
Depot provides services to you through this website subject to the
following policies and conditions. By visiting or shopping at www.memorydepotonline.com
you accept the following policies, conditions and privacy terms.
Product
Availability
Memory Depot products available for purchase online will be
filled and shipped according to stock and product availability. It
is our standard policy to accept backorders for products, but we
reserve the right to cancel part or all of any backorder.
Pricing
Prices displayed on the Memory Depot website are quoted in U.S.
dollars.
Payment
Options
Memory Depot accepts the following forms of payment for online
purchases:
Visa
MasterCard
Money Order
Your
credit card will be charged at the time of shipment.
Sales
Tax
Texas residents add 8.25% sales tax.
Shipping
and Delivery
For security reasons, Memory Depot online purchases will
require a signature upon delivery. In addition, purchases may
NOT be shipped to P.O. boxes or APO/FPO addresses.
We
stock a large percentage of products and make most shipments
between 1 and 2 business days from the time the order is
received by us. However,
out-of-stock items may cause a delay in shipping, but such
delays normally do not exceed a two to three week period. Orders
are processed and delivered Monday through Friday, excluding
holidays.
Shipping
Methods, Fees and Tracking All
shipments are made via UPS (United Parcel Service) or US Postal
Service at our option.
Estimated transit times for the 48 contiguous states are
4 to 10 business days.
We reserve the right to ship via
other carries such as U.P.S. or FedEx.
We
provide free shipping on all orders over $50
being shipped via Ground to a location within the 48 contiguous
states. Shipping will be billed at actual cost, minimum of
$4.50. Our experience from previous orders identifies most
orders with a shipping cost from $4.50 to $7.50 per order. Most
orders are shipped via United States Postal Service Flat Rate
Priority Mail.
All
orders for shipments outside of the 48 contiguous states will be
billed for shipping and insurance at the UPS prevailing rate
based on size and weight.
All
UPS shipments have a tracking number by which the shipment can
be tracked from the time of pickup to delivery. You will receive an E-Mail with shipping information,
including a UPS tracking number, once the shipment leaves our
location.
We cannot be responsible for lost, delayed or damaged packages. Please contact UPS directly to track or file any claim
for lost or damaged shipments.
Returns
Any and all returns must have pre-approval and be accompanied by
a Return Authorization Number. You may contact us at (512) 326-8047 for pre-approval and
a Return Authorization Number.
Final approval for credit is determined
by us upon receipt and inspection of the returned product. The
determination is based on the product being in an acceptable,
unused, resalable condition with
the original packaging.
Returns
must be via UPS, at your expense, unless other arrangement are
pre-approved and must arrive at our location within 20 days from
the original shipment date. Returns
are applied to store credit minus a 15%
restocking fee. Sale
items are returned at the sale price less a 15% restocking fee.
Pack carefully. Returns
arriving at our location that have carton or packaging damage
will not be accepted from UPS and the return will be refused.
We
have a very high level of quality control of the product we ship
to you. However, once you
have opened a product packaged by the manufacture you may
discover some damage that we did not see prior to our shipment
to you. If you
receive a packaged product that is defective, please contact us
immediately, and if the information is not available in the
packaging, we will advise you how to contact the manufacture for
a replacement product.
If
we make an error in shipping wrong product, we will refund your
shipping costs. We cannot
accept returns of discontinued or used products, opened
software, cassettes, CD’s, videos, paper, stickers, magazines
or books.
Changes
/ Cancellations
If you wish to cancel or modify your order, please send an email
as soon as possible to . We will make
every effort to accommodate your request, however, once a
product has left our premises for shipping, the purchase cannot
be cancelled or modified. In this case, please refer to our
return policy If you would like to purchase a different product.
Memory Depot will be happy to assist you.
Order
Limitations
We reserve the right to limit online purchase quantities.
Repairs
Memory Depot does not offer repair service for products
purchased from Memory Depot.
Legal
Conditions
Thank you for visiting our Web Site ("Site"). YOU
SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS
SITE.
Your
use of this Site is governed by the following terms of use
("Terms"). If you do not agree with all of these
Terms, please exit this Site now. By using this Site, you agree
to comply with, and be to bound by, these Terms. Memory Depot may,
from time to time, change these Terms in its sole discretion. By
using this Site after any such change, you agree to comply with,
and be bound by, the Terms as changed.
Copyright,
Trademark and Other Intellectual Property Protection
This Site as a whole, and all material on this Site, is
protected by copyright and other intellectual property rights.
See separate copyright and trademark notice for further
information.
Submissions
You agree that any and all comments, messages, postings, data,
suggestions, creative ideas, designs, concepts, product
suggestions and other items or materials disclosed, submitted or
offered to Memory Depot through or in connection with this Site
("Submissions"), including, but not limited to, survey
responses, shall be treated as non-confidential and not
proprietary and shall become, and remain, Memory Depot's property.
Such disclosure, submission or offer of any Submission shall
constitute an assignment to Memory Depot of all rights, title and
interests in all copyrights and other rights in the Submission. Memory Depot
is, and shall be, under no obligation (i) to maintain any
Submission in confidence; (ii) to pay to anyone any compensation
for or in connection with the use of any Submission; or (iii) to
respond to any Submission. You represent and warrant that no
Submission by you will violate any right of any third party,
including, but not limited to, copyright, trademark, patent,
trade secret, privacy or other personal or proprietary right. By
making any Submission through, in connection with or related to
this Site, you agree that Memory Depot has the right (but not the
obligation) to copy, publish, distribute or use such Submission,
or any part or parts thereof, for any purpose, including, but
not limited to, advertising, promotional, product development or
other commercial purposes, without compensation to you or to any
other person. Memory Depot does not, cannot and does not agree to
consider or review every Submission, and is not liable or
responsible for the content of any material posted on this Site
by users. You agree not to upload, post, distribute or otherwise
publish on this Site any material that (i) is libelous,
defamatory, obscene, abusive, pornographic, threatening or an
invasion of privacy; (ii) infringes the intellectual property
rights, including, but not limited to, any copyright, patent,
trade secret or trademarks, of any person or entity; (iii) is
illegal in any way or advocates illegal activity; or (iv)
advertises or solicits funds, goods or services. You are and
shall remain solely responsible for the content of any
Submission you make.
Links
This Site may contain links to other sites. Memory Depot is not
responsible for the availability of, or any content or material
contained in, or obtained through, any such sites. Any link to
another site, and reference to third-party information, products
or services linked to this Site, is not, and should not be
construed as, an express or implied endorsement by Memory Depot. Any
questions or comments relating to such other sites should be
addressed to the operator or operators of those sites.
Products
Any Memory Depot products depicted in this Site are representative
of the Memory Depot product line. Not all Memory Depot products are shown in
this Site. Not all Memory Depot products that are shown in this Site
are, or will be, available at the Memory Depot store. Memory Depot
products shown in this Site
may be changed without notice.
Disclaimer
Material in this Site may contain inaccuracies or typographical
errors. Memory Depot shall not be liable or responsible for any loss
or damage caused by or arising from any user's reliance on
information obtained from or through this Site. It is your
responsibility to evaluate the information and other content
available through this Site. This Site and the information and
materials contained in this Site are subject to change at any
time, and from time to time, without prior or subsequent notice.
No
Warranties
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Memory Depot
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR
TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR
ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND
WARRANTIES. Memory Depot DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR
UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY
DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL
RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS
ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY
EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS
SITE, AND THAT Memory Depot SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR
RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE
FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
Limitation
of Liability
IN NO EVENT SHALL Memory Depot BE LIABLE FOR ANY ACTUAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF Memory Depot
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR UNDER ANY
OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE,
INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS
AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless Memory Depot, its
affiliates and their officers, directors, employees and
shareholders from and against any and all claims, damages,
losses, costs and expenses, including, but not limited to,
reasonable attorneys' fees and court costs, arising from or
related to your use of this Site.
Miscellaneous
These Terms and your use of this Site shall be governed under
the laws of the State of Texas, without regard to its
conflict of law principles. Any dispute arising under these
Terms or out of your use of this Site shall be resolved
exclusively by the state and federal courts of the State of
Texas and/or County of Travis. By using this Site, you
hereby agree to the personal jurisdiction of, and venue in, such
courts.
Memory Depot
recognizes the importance of protecting the privacy of our
customer's personal and financial information. Memory Depot believes
that protecting your valuable personal and financial information
is one of our most significant responsibilities. Therefore, Memory Depot
has instituted strict policies regarding your privacy. Memory Depot
does not sell or rent our customer's names, addresses,
email addresses or other personal information. When you register
with Memory Depot you give us your consent to treat your personal data
in accordance with this online privacy policy and for the
purposes described below.
What
Memory Depot Collects
Memory Depot collects information our customers give us, in order to
provide our customers with the service they deserve. We study our
customers' and visitors' use of our websites so we can improve our
services and enhance your Memory Depot experience. When you register
with Memory Depot, you give us your name and email address. Memory Depot
does not collect personally identifiable information from anyone
under the age of thirteen. If you are under thirteen, please ask
your parents to register or exit this website.
How
Memory Depot Uses Information You Provide
When
you visit this website or send E-mails to us, you are
communicating with us electronically, therefore you: (1) consent
to receive communications from us electronically, including
communications by email or by notices posted on our website; and
(2) agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any
legal requirements that such communications be in writing.
Does
Memory Depot Share Your Information With Other Entities?
Memory Depot does not sell or rent our customer's names, addresses,
email addresses or other personal information. In order to
maintain our website and enhance our customer communications, Memory Depot
contracts with selected third parties. As necessary, your
personal information may be shared with these third parties,
solely for the purpose of assisting Memory Depot in these endeavors
and subject to strict contractual confidentiality obligations.
We do not otherwise disclose your information to third parties,
unless required by law or in connection with a legal claim or
proceeding. If Memory Depot is acquired by another entity, information
about Memory Depot customers may be part of the transfer.
Copyright
© 2000 - 2008 Memory Depot
All
rights reserved. All materials on this Web Site (the
"Site"), and the Site itself, are protected by
copyrights, trademarks and/or other intellectual property
rights. These materials are owned by Memory Depot or its
subsidiaries or affiliates, or suppliers, or our Web-host, or used with permission of their
owners. Such materials include, but are not limited to, the
photographs, images, illustrations, graphics, text, data
compilations, video clips, audio
clips, designs, logos, trademarks, and other materials contained
in this Site, as well as the software used in the design and
development of this Site. All rights are reserved, worldwide. The
names and images of artists or other persons appearing on this
website may be additionally protected under U.S. and
international laws concerning rights of publicity and privacy. Memory
Depot makes no representations concerning, and assumes no
liability for, the infringing or non-infringing nature of any
trademarks that appear on this website but are not owned by
Memory Depot.
The
name and mark Memory Depot and all other Memory Depot-related marks
depicted in this Site, and/or of our suppliers, whether registered or unregistered, are
trademarks or service marks of Memory Depot, in the United
States and in other countries.
The materials contained in this Site are displayed for
informational and promotional purposes only. This Site is solely
for private, personal, and noncommercial use. You may download
or copy materials in this Site solely for your personal
non-commercial use. You do not obtain any right, title or
interest in any material or software as a result of any such
downloading or copying. You may not reproduce (except for your
personal non-commercial use), publish, transmit, distribute,
display, remove, delete, add to, otherwise modify, create
derivative works from, sell or participate in any sale of, this
Site, any of the materials in this Site, or any related
software. Any other use of materials on this Site, including
reproduction for purposes other than your personal
non-commercial use, modification, distribution or republication,
without the prior express written permission of Memory Depot, is
strictly prohibited.
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