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Conditions of Use

Conditions of Use


Welcome to Costcaptain.com!

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY COSTCAPTAINCOM, INC. ("COSTCAPTAIN.COM"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Please read them carefully.

Costcaptain.com reserves the right, at its sole discretion, to change, add or remove portions of the Site and its Conditions of Use, at any time. It is your responsibility to check the Conditions of Use each time you visit or use the Site. Your continued use of the Site following the posting of changes means that you accept and agree to such changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of the Conditions of Use, which shall apply until we post a modified Conditions of Use and then in accordance with such modified Conditions of Use. As long as you comply with this Conditions of Use and any such modifications, Costcaptain.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site. If you are dissatisfied with the Site, its content or Conditions of use, you agree that your sole and exclusive remedy is to discontinue using the Site.

PRIVACY
Please review our Privacy Notice, which also governs your visit to Costcaptain.com, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit Costcaptain.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.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Costcaptain.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Costcaptain.com and protected by U.S. and international copyright laws. All software used on this site is the property of Costcaptain.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
Costcaptain.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Costcaptain.com, Inc. or its subsidiaries. Costcaptain.com's trademarks and trade dress may not be used in connection with any product or service that is not Costcaptain.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Costcaptain.com. All other trademarks not owned by Costcaptain.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 Costcaptain.com or its subsidiaries.

LICENSE AND SITE ACCESS
Costcaptain.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 express written consent of Costcaptain.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 purpose without express written consent of Costcaptain.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Costcaptain.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Costcaptain.com's name or trademarks without the express written consent of Costcaptain.com. Any unauthorized use or failure to comply with the Conditions of Use terminates the permission or license granted by Costcaptain.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Costcaptain.com so long as the link does not portray Costcaptain.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Costcaptain.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Costcaptain.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Costcaptain.com only with involvement of a parent or guardian. Costcaptain.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Costcaptain.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Costcaptain.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Costcaptain.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Costcaptain.com or its affiliates for all claims resulting from content you supply. Costcaptain.com has the right but not the obligation to monitor and edit or remove any activity or content. Costcaptain.com takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS
Costcaptain.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Costcaptain.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Costcaptain.com and its affiliates that your copyrighted material has been infringed.

  • 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 upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • 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.

Costcaptain.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Costcaptain.com Legal Department
750 Ponce De Leon Pl Ste 4
Atlanta, GA 30306
e-mail: copyright@Costcaptain.com

RISK OF LOSS
All items purchased from Costcaptain.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Costcaptain.com and its affiliates attempt to be as accurate as possible. However, Costcaptain.com does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Costcaptain.com is not as described, your sole and exclusive remedy is to return it in unused condition.

PRICING
If an item is mispriced, or priced at zero erroneously, we reserve the right to cancel the order for that item. Costcaptain reserves the right to cancel any order and issue a prompt refund. Costcaptain.com reserves the right at any time after receipt of your order to accept or decline your order for any reason.

PRODUCT RETURN AND CANCELLATION POLICY
The customer is responsible for paying ALL return fees including but not limited to postage and shipping and handling. Customer MUST obtain a Return Authorization Number (RMA) for all returns otherwise the returned products will not be accepted by the receiving department. For RMA requests, please go to http://www.costcaptain.com/ra.htm
ALL SALES ARE FINAL. A RETURN MERCHANDISE AUTHORIZATION (RMA) IS REQUIRED FOR RETURNS OR CANCELLATIONS AFTER THE PRODUCT IS DELIVERED. FOR RETURNS WITH AN APPROVED RMA, A FEE OF THE GREATER OF $20 OR 20% OF THE PURCHASE AMOUNT WILL BE CHARGED.
VOLUME LICENSE ORDERS (ORDERS WITH QUANTITY MORE THAN 5) ARE SUBJECT TO THIS CANCELLATION POLICY AND ARE FINAL. VOLUME LICENSE ORDERS REQUIRE SPECIAL RETURN AUTHORIZATION AND CARRY CANCELLATION FEES ONCE PROCESSED.
WE DO NOT SHIP OUTSIDE THE U.S. NON-US ORDERS WILL BE CANCELLED. IF A REFUND IS ISSUED TO A NON-US CREDIT CARD, THE REFUND WILL BE ISSUED IN U.S. DOLLARS. WE ARE NOT RESPONSIBLE FOR CURRENCY EXCHANGE RATE FLUCTUATIONS AND LOSSES DUE TO EXCHANGE RATES.
ALL RETURNS MUST BE MADE WITHIN 30 DAYS. All returns must be accompanied by the original packaging, software, booklets and/or pamphlets, etc. in new and resalable condition and free of any markings or damage. Shipping is NON-refundable. We cannot offer refunds on products that require activation, install keys, or serial numbers and on products that have been installed. We can only send replacements if the item you received is defective.

ACADEMIC PRICING


The academic edition products that are displayed are only available to Qualified Educational Users, as that term is defined on Microsoft’s Education Web site at http://www.microsoft.com/education/en-us/buy/Pages/eligible.aspx

Generally, you may be eligible (please refer to link above for specific eligibility guidelines) to purchase these products if you are in one of the categories below and are located or reside in the United States:
- Accredited Educational Institutions
- Administrative Offices & Boards of Education
- Faculty and Staff of eligible educational institutions
- Enrolled Students of eligible educational institutions
- Public Libraries
- Public Museums
- Home-School Programs
Important: If you order an academic priced software, you must provide proof of academic eligibility before your order can be shipped. In many cases, manufacturers only allow one copy of academic priced software per end user per year.
To comply with Academic pricing requirements set by Microsoft, please submit one of the following forms:

  • Copy of your current student ID
  • If your school does not provide student ID's, a copy of enrollment document or a written statement of enrollment along with your picture ID
  • Proof of Employment from one of the Institutions listed above along with your picture ID

Please fax this document to (866) 615 1961. If you don't have access to a fax machine, you can scan this document and email to us.
Certain manufacturers do not accept returns on academic discount products. It is your responsibility to submit a recent and valid student ID. In case the manufacturer rejects your eligibility documents it may be lengthy to obtain a return/refund authorization. You hereby agree that you will submit active and accurate eligibility documents that represent your eligibility for the discount. 

SHIPPING
WE DO NOT SHIP OUTSIDE THE UNITED STATES AT THIS TIME. IF YOU PURCHASED AND PROVIDED A NON-US SHIPPING ADDRESS, YOUR ORDER WILL BE CANCELLED AND A REFUND WILL BE ISSUED IN US DOLLARS AS WE DO NOT HAVE ACCESS TO OTHER FOREIGN CURRENCIES.

RESELLERS
Our site is for end users only. You agree not to order from our site, especially in bulk, to resell. If we identify reseller activity, we reserve the right to cancel your order.

PRODUCT AVAILABILITY AND BACK ORDERS
Some products may face higher demand than others especially during the holiday season and periods of constrained availability due to high demand. By placing an order on our site, you agree to be placed in a shipping queue and that your order will be fulfilled in the order received. You agree to pay in advance to maintain your position in the queue even though you may not be billed immediately. Some high demand products such as video games and tablet computers, require preorder payment in full to secure your position in the shipping queue. You may cancel your order any time prior to your order being shipped and forfeit your position in the shipping queue, in which case, as your sole and exclusive remedy, your transaction will be voided and/or you will receive a refund of any amounts paid.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Costcaptain.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. Costcaptain.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Costcaptain.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Costcaptain.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Costcaptain.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Costcaptain.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Costcaptain.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Costcaptain.com’s AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU ACCEPT ALL RESPONSIBILITY FOR INSTALLING AND USING THE PRODUCTS PURCHASED HERE. IF YOU USE A THIRD PARTY TECHNICAL SUPPORT SERVICE YOU ACCEPT RESPONSIBILITY FOR PAYING FOR THAT SERVICE. Costcaptain.com IS NOT RESPONSIBLE FOR INSTALLATION, TECHNICAL SUPPORT, TRAINING, AND SUPPORTING THE FUNCTIONALITY OF THE SOFTWARE OR HARDWARE THAT YOU ORDER FROM THIS SITE. Costcaptain.com IS NOT RESPONSIBLE FOR THE EXPENSES YOU INCUR WITH THE INSTALLATION, TRAINING, SUPPORT OR ANY OTHER POST-SALE ISSUE.
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 MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting Costcaptain.com, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Costcaptain.com or its affiliates.

DISPUTES
Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of Georgia and any dispute, by or against Costcaptain.com or its affiliates, arising under these Conditions of Use shall be commenced in the Superior Court of Fulton County Georgia or in the Northern District of the State of Georgia.  

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this Site. These policies also govern your visit to Costcaptain.com. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

NO JOINT VENTURE
Customer agrees that no joint venture, partnership, employment, or agency relationship exists between Costcaptain.com and its affiliates as a result of these Conditions of Use or customer’s access, visitation, or use of the Site.

ADMISSIBILTY
A printed version of these Conditions of use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

NON-WAIVER
Costcaptain.com’s non-enforcement of any provisions of these Conditions of Use or failure to respond to a breach by customer or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Conditions of Use or to act with respect to similar breaches.

ENTIRE AGREEMENT
These Conditions of Use is the entire final agreement regarding the Site and Site content, and supersedes any prior or contemporaneous communications between Costcaptain.com and you regarding the Site, Site contents and site information. Costcaptain.com hereby reserves any and all rights not expressly granted hereinabove.

OUR ADDRESS
Costcaptain.com, Inc.
750 Ponce De Leon Pl Ste 4
Atlanta, GA 30306

© 2010 CostCaptain.com, Inc. All rights reserved.   Microsoft, Office 2007, Publisher 2007, Visio, Expression Studio, Mappoint, Project 2007, Windows and Vista are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
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