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The following terms and conditions apply to your purchase of products (including any software) from Iomega. By placing your order, you agree to be bound solely by these terms and conditions, which constitute the entire agreement between you and Iomega regarding the products purchased.
- Ordering: Your order is subject to acceptance by Iomega and may be refused in whole or in part for any reason, including credit concerns, unusual volumes, or shipping addresses. Once accepted, Iomega may make partial shipments if some items are on backorder. By placing the order you agree that Iomega may do so and charge you for any items shipped.
- Pricing: The price for each product purchased is in U.S. Dollars. This price is reflected on your order and will remain the price regardless of any subsequent price changes by Iomega. In addition to the quoted price, you will pay shipping charges according to your selected shipping method plus all applicable taxes. For purposes of calculating sales tax, the location to which the product is to be shipped shall govern. You will only be charged one shipping charge for each order regardless of the number of shipments. International orders: you are responsible for arranging for delivery and paying shipping charges, custom, duties, import and export fees, and taxes/VAT ("Transportation Charges") where applicable; to the extent Iomega elects to arrange for delivery of the product, you will be assessed and pay Iomega such Transportation Charges.
- US Sales Taxes: Iomega collects and remits sales tax, where applicable, on all orders based on shipping method selected and location in the US. Orders that have been placed without tax exempt status cannot receive credit for tax paid. Click here (http://www.iomega.com/partners/terms.html) to set-up a tax-exempt account or for additional information regarding tax-free direct purchasing.
- Cancellation: Orders may not be canceled for items available for immediate shipment. Items on backorder may be canceled up to the actual shipment date, which may differ from Iomega's estimated shipment date.
- Payment: Payment in full is due prior to shipment. Iomega will only accept payment via credit card. Your card will not be charged until Iomega ships product to you.
- Shipping: All sales to U.S. destinations are FOB Iomega's designated U.S. warehouse. Sales to international destinations are Ex Works Iomega's designated U.S. warehouse as defined in INCOTERMS 2000. Iomega will ship products according to your selected shipping instructions. Iomega will attempt to ship the products within the estimated times reflected on your order but will not be liable for any failure to do so. If Iomega learns it cannot ship within the estimated times, you will be advised via email or regular mail of the new estimated shipment date. For items on backorder, Iomega may ship whenever the product becomes available without any notice to you.
- Title: Title to all products passes to you upon delivery of the product to the selected carrier. For international orders, title and risk passes when products are put at your disposal at Iomega's designated warehouse, regardless of Iomega's role in delivery of the product.
- Software: Regardless of destination, title to software including firmware embedded, associated or bundled with products ("Software") remains with Iomega or its licensor. Software is provided on an "AS-IS" basis, and is subject to the terms and conditions of the end user license agreements accompanying the products. You warrant that you will not copy, modify, translate, decompile, reverse engineer, disassemble or otherwise determine or attempt to determine source code or to create derivative works from the Software. If the Software is governed by U.S. export restrictions, you agree to comply with its requirements.
- Money back guarantee: Iomega offers you a limited 30 day money back guarantee on all products shipped in the US and annual iStorage subscriptions purchased through Iomega, except software that has been opened, software downloads, and monthly iStorage subscriptions. Annual iStorage refunds for subscription cancellation will be pro-rated based on remaining subscription time. Should you wish to return the item for any reason, you must call 1-888-516-8467 to receive an RMA number and must do so prior to the end of the 30th day following shipment of the product by Iomega. All returns must be in the original Iomega packaging and contain all items provided with the product. A Customer Service Representative will email you a pre-paid shipping label and instructions to return the product to Iomega. At this time, the 30-day money-back guarantee is only offered to U.S. customers.
- Returns: US orders, after the 30 day period you may only return the product pursuant to Iomega's limited warranty terms. All returns must be in the original Iomega packaging and contain all items provided with the product. International customers can return any item purchased on our web site by mail only. You must contact our Customer Service Department by visiting www.iomega.com/europe/support/contact/ to receive return instructions.
- Limited Delivery: Iomega will deliver products within the United States, Canada, Argentina, Bermuda, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Guatemala, Mexico, Panama, and Puerto Rico, and may deliver to other destinations in Central and South America. Customers of / destinations located in Africa, Asia-Pacific, Europe, or the Middle East can click here to visit our European Online Store for more information. For additional questions, US customers please contact our customer support at 888-516-8467. International customers can contact our customer service team by visiting www.iomega.com/europe/support/contact/.
- Limited Warranty: All Iomega products come with a limited warranty the terms of which are incorporated into these terms by this reference. The warranty is included with the product or you may read a copy by clicking here.
- Limitation of Remedies and Liability: THE REMEDIES PROVIDED HERE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS AGREEMENT BY IOMEGA. IN NO EVENT WILL IOMEGA BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOST PROFIT OR LOSS OF DATA, EVEN IF IOMEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL IOMEGA'S LIABILITY TO YOU EVER EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO IOMEGA FOR THE PRODUCTS PURCHASED.
- Waiver: The waiver by you or Iomega of any provision or right under this agreement on one occasion shall not operate as a waiver of any provision or right under this agreement on any future occasion.
- Governing Law/Venue: This agreement is governed exclusively by and construed in accordance with the laws of the State of Utah, excluding any conflicts of law rules that would compel application of the law of any other forum. The state and federal courts of Salt Lake County, Utah shall be the exclusive forum for any actions brought pursuant to this agreement. The parties expressly agree that the United Nations Convention on the International Sale of Goods shall not apply to transactions under this agreement.
- Dispute resolution; Damages: All aspects of any legal proceeding will be conducted in the English language.
- Entire Agreement: This agreement, together with any Iomega sales / order confirmation and, referenced attachments, constitutes the entire agreement between us on this subject, and supersedes all related conversations or documents, as well as any prior agreements. Any terms and conditions of any purchase order or other document submitted in connection with this agreement that is in addition to or conflicting with the terms herein are rejected by Iomega, will not be binding on Iomega, and will have no force or effect. No modification of terms of this agreement shall bind either party unless in a written instrument signed by both parties.
- Additional terms: You agree to comply with applicable law in each relevant jurisdiction. If any provisions or portions of this agreement are found to be invalid by any court of competent jurisdiction, the remainder of this agreement shall nonetheless remain in full force and effect. Iomega is not responsible for typographic errors. Iomega reserves the right to change these terms or the prices charged at any time so please check each time you purchase.
(v. 1.080606)