Policies

Conditions of Use

These Conditions of Use (“Agreement”) apply to your purchase of products and/or services and support sold in the United States by ChicagoMicro®, including any affiliates or subsidiaries. By using the ChicagoMicro website and placing your order, you accept and are bound to the Conditions of Use of this Agreement and all disclaimers and other terms and conditions that appear elsewhere on the ChicagoMicro website.

ChicagoMicro reserves the right to make changes to the ChicagoMicro website and its terms and conditions at any time. Each time you use the ChicagoMicro website you should visit and review the then current Conditions of Use that apply to your transactions and use of this site. If you are dissatisfied with the ChicagoMicro website, its content or Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using or purchasing on the ChicagoMicro Web site.

1. Product Display/Colors. We cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
2. Services. All services provided by ChicagoMicro under this Agreement will be described in one or more Service Agreements.
3. Errors on Our Site. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and ChicagoMicro reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ChicagoMicro will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with ChicagoMicro’s Return Policy.
4. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. ChicagoMicro reserves the right at any time after receipt of your order to accept or decline your order for any reason. ChicagoMicro reserves the right at any time after receipt of your order, without prior notice to you or giving any reason, to limit quantities on any order. We may require additional verifications or information before accepting any order. ChicagoMicro does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by ChicagoMicro. If we reject your order, we will attempt to notify you using the e-mail address or other contact information you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
5. Sales Tax Policy. Unless you provide ChicagoMicro with a valid and correct tax exemption certificate applicable to your purchase and the ship-to location, you are responsible for sales and other taxes associated with the order.
6. Paying for Your Order. You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. Generally, credit cards are not charged until we ship the item(s) to you (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. Invoices for Services will be issued in advance of the Services’ period.
7. Shipping and Handling. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to the item(s) passes from ChicagoMicro to you upon shipment to you. You must notify ChicagoMicro within fourteen (14) days after the shipping date if you believe any part of your purchase is missing, wrong or damaged.
8. Return Policy. Every product you buy from ChicagoMicro is backed first by the product manufacturer’s or supplier’s warranty. If pre-authorized by ChicagoMicro, you may return eligible products for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees. Returned products must be in new condition, include original outer packaging, all disks, registration cards, inner packing materials and other accessories and be received within thirty (30) days of the date shipped. We reserve the right to refuse for return or charge a restocking fee for damaged, incomplete or otherwise non-conforming returns. Unless the product is defective or the return is a direct result of a ChicagoMicro error, ChicagoMicro may charge a restocking fee of up to fifteen percent (15%) of the purchase price paid, plus any applicable sales tax. Returns that are not preauthorized shall be refused or returned to you at your expense.
9. Security of Stored Data and Files. ChicagoMicro will endeavor to restrict access to the data and files you store or retrieve from your account to persons accessing such data and files through use of your account or password. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store in your account.
10. Content of Stored Data and Files. You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by you on ChicagoMicro’s servers and (b) ensuring that such content does not include: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or (vi) any viruses, worms, “Trojan horses” or any other similar contaminating or destructive features. ChicagoMicro normally does not review, inspect, edit or monitor any content, data or files stored by you or any other user of the service, including, without limitation, for viruses, worms, “Trojan horses” or any other similar contaminating or destructive features. However, if ChicagoMicro has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, ChicagoMicro reserves the right to examine the content of the online storage and backup account. ChicagoMicro reserves the right to refuse, remove or disable access to any data or files stored on ChicagoMicro’s servers with immediate effect that ChicagoMicro learns may be illegal, may violate the terms of herein, may violate the rights of any third party or otherwise may be reasonably objectionable.
11. Services Warranty and Remedies. ChicagoMicro warrants that it will perform services using generally recognized commercial practices and standards. ChicagoMicro will re-perform services not performed in accordance with the warranty herein. This section 8 states ChicagoMicro’s entire liability for Service warranty claims.
12. Limitation of Liability. ChicagoMicro DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ChicagoMicro WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, ChicagoMicro IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
13. Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
14. Governing Law. The parties agree that this Agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, consumer protection, common law, and equitable claims) between you and ChicagoMicro arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, ChicagoMicro’s advertising, or any related purchase shall be governed by the laws of the State of Illinois, without regard to conflicts of law.
15. Dispute Resolution. You and ChicagoMicro agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from ChicagoMicro by binding Arbitration administered by the American Arbitration Association (governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA)), or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. You and ChicagoMicro agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in Chicago, Illinois. You agree that, by entering into this Agreement, you and ChicagoMicro are each waiving the right to a trial by jury or to participate in a class action.