Terms & Conditions
Welcome to HotGadget.com's Online Store. HotGadget provides its services to you subject to the following conditions. If you visit or shop at HotGadget.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future HotGadget.com service or visit or purchase from any business affiliated with HotGadget.com, whether or not included in the HotGadget.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to HotGadget.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit HotGadget.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 HotGadget.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 HotGadget.com and protected by U.S. and international copyright laws. All software used on this site is the property of HotGadget.com or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
HOTGADGET, HotGadget.com and other marks indicated on our site are registered trademarks of HotGadget.com or its subsidiaries, in the United States and other countries. HotGadget.com's trademarks may not be used in connection with any product or service that is not HotGadget's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HotGadget. All other trademarks not owned by HotGadget.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 HotGadget.com or its subsidiaries.
LICENSE AND SITE ACCESS
HotGadget.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 HotGadget.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 HotGadget.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 HotGadget.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing HotGadget.com's name or trademarks without the express written consent of HotGadget.com. Any unauthorized use terminates the permission or license granted by HotGadget.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HotGadget.com so long as the link does not portray HotGadget.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HotGadget.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. If you are under 18, you may use HotGadget's Online Store only with involvement of a parent or guardian. HotGadget.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
HotGadget.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 HotGadget.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
HotGadget.com and its affiliates attempt to be as accurate as possible. However, HotGadget.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 HotGadget.com itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, Our Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice in US Dollars. Our Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by HotGadget.com, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY HotGadget.com, ON AN "AS IS" AND "AS AVAILABLE" BASIS. HotGadget.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, HotGadget.com, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HotGadget.com, DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HotGadget.com, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HotGadget.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 HotGadget.com's web site, you agree that the laws of the state of California, 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 HotGadget.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to HotGadget.com's web site or to products you purchase through HotGadget.com's web site shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate HotGadget.com's intellectual property rights, HotGadget.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, 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 HotGadget.com's web site. 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
HotGadget.com
13350 Kirkham Way,
Poway, CA 92064
http://www.HotGadget.com
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