Terms and Conditions
The term “Servers4Less”, “Servers4Less.com”, “we”, “our”, or “us” refers to the owner of this Site. The term “you” or “your” refers to the user or viewer of our Site.
Modification of Terms
We reserve the right to change or modify any of these Terms or any policy or guideline of the Site at any time at our sole discretion. Any change or modification will be effective immediately upon posting of the revisions on our Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any other applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
To use some of our features on this site, you will need to register an account with us. When registering, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. The password you provide should be unique and kept secure. You must notify Servers4Less.com immediately in the case of a security breach or unauthorized use of your account. Although Servers4Less.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Servers4Less.com’s loses or others due to such unauthorized use.
When you visit Servers4Less.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The purchase of merchandise through Servers4Less.com is limited to customers of age 18 and above. If you are under 18, you may use this Site only with the involvement with a parent or guardian. Users that have been suspended or removed from our system by Servers4Less for any reason are considered ineligible to purchase merchandise from us.
The site is available only to individuals and others who meet the Servers4Less.com terms of eligibility, who have been issued a valid credit card by a bank acceptable to Servers4Less.com and who have authorized Servers4Less.com process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. If you do not qualify, you may not use the Site.
Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit without written consent of Servers4Less.com. In addition, Servers4Less.com reserves the right to restrict multiple quantities of an item being shipped to any one customer.
All orders are subject to acceptance and availability.
Items that are in your shopping basket are not considered Orders until you have completed the checkout process and have been authorized on a valid credit card.
Items in your shopping basket are not reserved and may be purchased by other customers.
Acceptance of Your Order
Once you have placed your order, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order. It is just a confirmation we that have received your order.
Unless you cancel your order, your order will be accepted upon completion of the packaging of your order. The contract between you and Servers4Less.com will be completed when we ship the merchandise to you at which time you will receive a second email confirming that the order has been shipped.
We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, that the item does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria within the Terms.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, AmericanExpress, and Discover cards. Payments will be debited and cleared from your account upon completion of the packing of your order by Servers4Less.com. You confirm that the credit/debit card being that is used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to Servers4Less.com, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Servers4Less.com user, we will securely store your card details on our system, however, for security purposes you will be asked to reenter your CSV code each time you make a purchase. These details will be fully encrypted and only used to process card transactions you have initiated.
License & Site Access
Servers4Less.com grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Servers4Less.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial use without the express written consent of Servers4Less.com. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including but not limited to images, text, page layout or form) of Servers4Less.com without the express written consent of Servers4Less.com. You may not use any meta tags or any other “hidden text” utilizing Servers4Less.com’s name or trademarks without the express written consent of Servers4Less.com. You may not bypass any measures used by Servers4Less.com to prevent or restrict access to the Site. Any unauthorized use terminates the permission or license granted by Servers4Less.com. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the Site so long as the link does not portray Servers4Less.com, its associates or their products or services, in a false, misleading, derogatory or otherwise offensive manner. You may not use any Servers4Less.com logo or other proprietary graphic or trademark as part of the link without the express written permission of Servers4Less.com.
Leveraging advertising channels maliciously to harm Servers4Less, including but not limited to: exhausting advertising budgets, repeatedly visiting via advertising channels with no intention of purchasing, or inhibitng ads from displaying in specific regions or time blocks will result in legal action. Please note that your license will be revoked indefinitely upon detection of any such intent.
Prices shown on the Site are in US Dollars and are exclusive of taxes. Sales tax will only be charged on orders shipping to the State of California.
Despite our best efforts, a small number of items on our Site may be mispriced. If an item’s correct price is higher than our stated price, we will contact you to notify you of the correct price and ask you if you are willing to purchase the item at the correct price. If you do not wish to purchase the item at the correct price, we will cancel your order.
You agree to fully defend, indemnify and hold harmless Servers4Less.com, its independent contractors, service providers, employees, directors, agents, licensors, suppliers and consultants from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, attorneys' fees) arising out of or related to any breach of the Terms by you or any other liabilities arising out of your use of this Site or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms.
Insurance and Delivery
Servers4Less.com insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Servers4Less.com, and transfer of responsibility in the same way.
Please note that we aim to delivery within the estimated delivery times. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Servers4Less.com is not responsible for any delays caused by destination customs clearance processes.
The Site and all content and other materials, including, without limitation, the Servers4Less.com logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Servers4Less.com or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Servers4Less.com’s trademarks may not be used in connection with any product or service that is not Servers4Less.com’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Servers4Less.com. All other trademarks not owned by Servers4Less.com or its subsidiaries that appear on this Site are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Servers4Less.com or its subsidiaries.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Servers4Less.com, including advertisers. Servers4Less.com has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
We have made every effort to ensure that the visual depiction of our products on the Site is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. If you are not satisfied with your Servers4Less.com product, you are entitled to return it as laid out in our Returns policy.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Disclaimer of Warranty
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Servers4Less.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Servers4Less.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Servers4Less.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Servers4Less.com DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM Servers4Less.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Servers4Less.com, ITS DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING (EVEN IF PLUKKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Returns and Exchanges
RECEIVING YOUR RMA
If you wish to return an item, a Returns Merchandise Authorization (RMA) number should be requested online within 14 days of receiving your order. Please refer to our Returns & Exchanges policy for details on how to request an RMA.
RETURNING YOUR PURCHASE
Making a return for a refund, store credit, or exchange is easy using either our returns service. All returns must be made within 30 days of receiving your order. For full details on how to return your purchase see our Returns & Exchanges policy.
Standard shipping is complementary on the replacement item. See our Shipping policy for additional costs.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent at [email protected]
No Commercial Use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
While Servers4Less.com will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as-is” and “as-available” basis without any representation or endorsement made and we make no warranties of any kind; whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible of liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses.
Questions and Contact Information
If you have any questions, please do not hesitate to contact one of our customer support representatives at [email protected]
or call us at 1 (877) 389-4645.