Equipland® Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Equipland, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Equipland's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and eQuipland, Inc. ("eQuipland"). (References to "you" or "your" shall relate to a customer of eQuipland or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "eQuipland" shall relate to eQuipland Computer Centers, Inc. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by eQuipland from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by eQuipland from its offices within the United States. eQuipland makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herin is governed by the laws of the state of California without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Santa Clara County, California to hear any such claims.
Access, Interference and Linking
eQuipland grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of eQuipland.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by eQuipland; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by eQuipland.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray eQuipland, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any eQuipland logo or other proprietary graphic or trademark as part of the link without express written permission.
eQuipland does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held by eFiberloand or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of eQuipland or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without eQuipland's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers. eQuipland and the Circle of Service logo are registered trademarks of eQuipland, Inc. Copyright ?2001 eQuipland, Inc.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CDW 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 eQuipland OR A eQuipland 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.
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with eQuipland, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. * 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. * 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Santa Clara. California. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
eQuipland.com is committed to protecting your privacy. That's because we base our business on the trust you place in us. The information we collect is gathered to ensure secure ordering and to provide a more personalized shopping experience. You can help us ensure your privacy by not sharing your account user name or password with anyone. See below for detailed information about how we protect your personal information. If you have any concerns, comments or complaints, be sure to let us know.
How much information must you share?
The amount of information we collect depends on you. We collect information needed for secure ordering and customizing your experience. In the case of our online employment application, we gather more detailed personal information. See below to find out what information is required for what task.
IP address - We use IP addresses to measure our site traffic and to help provide a relevant shopping experience. Your IP address is not linked to your customer information.
Referral site - If you come to our site via a link, the location of the referral is captured. This is used to help us know where our users come from.
Browser type - This information is captured to help us optimize our site to match the latest technology used by our customers.
Movements through our site - We keep track of pages you visit to help us provide a more personalized and relevant shopping experience.
User name, password, e-mail address, secret question and answer to a secret question.
Purchase product online from eQuipland.com
Name, address and payment information, although credit card and PO numbers may be phoned in as an alternative.
E-mail a link to product information to a friend/colleague "Send to Associate"
E-mail address of your friend/colleague and your e-mail address.
Contest entries, surveys and other registrations
Name, e-mail and phone number, but varies by promotion or purpose. See special note on contests below.
Is your information used for any other purpose?
We require only the personal information that is needed for safely processing your online order and for contacting you about your transactions. It is used exclusively for that purpose. If you become a eQuipland customer, you may receive mailings from your account information and your account information may be analyzed as part of our standard business practices.
Also, as a eQuipland customer, you may choose to take advantage our extranet program. Any information provided to us through your extranet may be analyzed and acted upon as part of our standard business practices.
Will your information be given to any other party?
Your personal information is not shared with any other party.
Do you purchase information about your customers from other companies?
Yes, we occasionally purchase third party information about companies that are our customers. We do not purchase any personal customer information. The company information we purchase includes size of company, number of employees and annual sales. This is used for customizing the user experience online and for supplementing our internal sales information.
What about e-mail?
When you purchase online from eQuipland, we will contact you by e-mail to confirm your order and to update you on the status of your order. If you entered a contest at eQuipland.com, you may receive a follow-up e-mail. This is the only e-mail you will receive from such entries.
eQuipland is committed to providing all customers with a world-class experience. In order to measure how well we are doing and to better understand how we can continually improve our product offerings and our ability to meet your unique requirements, from time-to-time we may contact you by phone or e-mail and solicit your participation in research. Your participation is voluntary and you may request to remove yourself from future efforts of this kind.
Your account manager may occasionally send you promotional or product information. In addition, eQuipland may, on occasion, send you updates on important information about our company and services. If you do not wish to receive such e-mails, simply let your account manager know.
How do we protect your information?
We employ powerful 128-bit encryption technology and Secure Socket Layers (SSL) in all areas where your personal identity is required. For your protection, eQuipland.com is certified by VeriSign. This is your assurance that our site is authentic and that we're employing SSL security. You can check this security protection setting within your browser. To view our VeriSign certificate, click on the image of the closed lock or the solid key at the bottom of your browser. Our site security information will appear. For more information, contact your browser's publisher. Your account information and order history are kept behind our firewall on separate servers. All transaction information is processed under encrypted channels, although you always have the option to choose unencrypted processing. To be sure you have the most protection available, be sure to download the latest version of today's most popular browsers, Microsoft Internet Explorer and Netscape Communicator, In addition, access to your personal information is restricted within our company to provide maximum security.
Who can see your account information?
Only authorized programming personnel at eQuipland are permitted to see your password. Your account manager is not permitted to see your password. Nor are any other personnel. If you forget password, you can receive a reminder via e-mail or you can create a new one. Only authorized sales, customer service and accounting personnel are permitted access to your account information. Employees who violate our privacy pledge will be subject to our normal disciplinary process. Whenever we hire other organizations to provide support services, we will require them to conform to our privacy pledge and to allow us to audit them for compliance.
What if you change how you use my information?
If we change how we use your personal information, we will notify you by prominently posting notice of the change to this site.
How do you create a user profile?
If you've already conducted business with eQuipland in the past and would like to begin purchasing online, you'll need to create an E-Accounte. Creating an E-Account requires you to designate a user name and password. User names and passwords must consist of at least one non-white-space character and be at least four characters in length. Single spaces are allowed in passwords. Leading and trailing spaces, and adjacent spaces, are not allowed. After your E-Account is created, please contact your account manager to link your E-Account to your customer account.
What about cookies?
How do you give us feedback?
Simply click contact us to send us feedback via e-mail. Please note that feedback given in this manner becomes property of eQuipland and may be used for promotional purposes. If you prefer not to have your comments used in this manner, simply use your own e-mail to send a message to email@example.com Or you can indicate your preference at the top of your message.
How do you correct inaccurate information?
You can update your basic account information at any time. To correct any other account information, please contact your account manager. We will attempt to keep customer information complete, up to date, and accurate. We will tell our customers how and where to conveniently access their account information (except when we are prohibited to do so by law) and how to notify us about errors which we will promptly correct.
A special note about promotions:
If you elect to enter any contests or other promotions related to eQuipland.com please note that, by entering, you are giving your permission to use your information for promotional purposes.
Account and Password
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 the Site only with a parent or guardian. eQuipland reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to eQuipland
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by eQuipland for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, eQuipland is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to eQuipland or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
1590 Oakland Road, Suite B103
San Jose, CA 95131.USA
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.