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Conditions of Use

Welcome to Costcaptain.com. Costcaptain.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Costcaptain.com, you accept these conditions. Please read them carefully.

Costcaptain.com reserves the right, at its sole discretion, to change, add or remove portions of this Conditions of Use, at any time. It is your responsibility to check this Conditions of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this 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.

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 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; send e-cards and other communications; 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 follow our Notice and Procedure for Making Claims of Copyright Infringement.

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 itself is not as described, your sole 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/eligible.mspx .

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.

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 (404) 601 9714. 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 US AT THIS TIME. IF YOU PURCHASED AND PROVIDED A NON-US SHIPPING ADDRESS, YOUR ORDER WILL BE CANCELLED AND REFUND WILL BE ISSUED IN US DOLLARS AS WE DO NOT HAVE ACCESS TO OTHER FOREIGN CURRENCIES.

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.

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

Any dispute relating in any way to your visit to Costcaptain.com or to products you purchase through Costcaptain.com shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate Costcaptain.com's intellectual property rights, Costcaptain.com may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

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.

OUR ADDRESS

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

  • http://www.Costcaptain.com
    Notice and Procedure for Making Claims of Copyright Infringement
     

    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

     

    © 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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