BY USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE "TERMS"). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS. THE CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
THESE TERMS INCLUDE A DISPUTE RESOLUTION PROVISION (INCLUDING A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER) THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
1. Use of the Site.
You may use the Site only in accordance with and subject to these Terms and the Site's Privacy Policy (the "Privacy Policy"). Once you complete and submit your registration including but not limited to providing an e-mail address, you have opted to receive email communications from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes upon the rights of ASUS Computer International or others. Notwithstanding any other rights or restrictions in these Terms , you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of ASUS Computer International; (e) invade the privacy of or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, but not limited to, sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or any other breach of security.
2. User Eligibility.
By becoming a user, you represent that you are of legal age. As a user, you agree to provide true, accurate, current and complete information. Usership is void where prohibited by law.
3. Additional Terms and Conditions.
Additional terms and conditions may apply to specific portions of the Site or your usership, terms which are made part of these Terms by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted or emailed, or applicable to, a specific portion of the Site or your usership, the latter terms shall control with respect to your use of that portion of the Site or your usership.
To provide you a better, more complete shopping experience by notifying and contacting you of important events such as order status, return or refund status, you are required provide us with your contact information (including email address and mobile number).
4. Accuracy of Content; Limitations on Quantity.
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other mistakes or inaccuracies. Errors will be corrected as ASUS Computer International as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotional offers, product descriptions or specifications, or any other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event or promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
5. Credit Card Payment.
During a credit card transaction, you must use your own credit card. ASUS Computer International will not be liable for any credit card fraud. The liability of using a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. Once you place an order, you will see a temporary authorization hold on your debit or credit card account in the amount of the estimated order total. If you have a pre-order or back-order, the temporary authorization hold will renew every 7 days until the item is ready to ship. Once the item has shipped, the authorization hold is removed and charges will post to your credit or debit card account. If at any point the authorization request fails, Asus will cancel your order. If you need help requesting the removal of an authorization hold, contact your card issuing bank.
6. Delivery
(a) Goods will be delivered to the address specified by you with a reasonable delivery cost that will be added to the order amount, and we may waive the delivery cost when the amount of order is at or above a certain amount. ASUS Computer International will declare this amount on our website, but we reserve the right to change this amount without notice.
(b) Your delivery address should be inside the boundary of the 50 states and Washington DC of the U.S.A. and should not be a post office box address or APO/FPO address. Any address outside of this area will be considered not applicable and may be canceled without notification.
7. Cancellations, Exchanges and Return Policy
7.1 Self-Collection
ASUS Computer International reserves the right to refund you the price of any goods that have been paid for and received by ASUS Computer International, even after the relevant sales order is confirmed and payment has been received by us, in lieu of delivering or supplying such goods
7.2 Return Policy
ASUS Computer International grants the user the right to return the product to ASUS Computer International by applying for an RMA (Return Merchandise Authorization) within 30 calendar days of the sales order acceptance. To qualify for an RMA, the user must meet the following qualifications:
(1) Return the product (excluding display set items) in its original condition, including the box, with the warranty and your valid proof of purchase from ASUS Computer International.
(2) Upon returning the goods, please note that free gifts, vouchers, and accessories associated with the purchase must also be returned at the same time.
(3) Software products and food items are excluded from this return policy; Clothing should be in new, original condition; Underwear, socks or brassieres should not be returned after wearing;
(4) If the goods are under warranty period or need to be fixed or repaired, return the goods to the original manufacturer, agent or distributor.
In the event of a refund, the price paid with respect to the relevant goods shall automatically be refunded to the credit card with which the purchase was made. If delivery has taken place, the refund will be for the purchase amount excluding any delivery charges paid.
Please note the normal processing time for refund requests is 7-10 working days from the date when the returned item is received.
ASUS Computer International reserves the right to pay for return logistic and shipping costs. If upon inspection, included parts are missing or the product is not in the original condition, we reserve the right to refund a fraction of the original purchase amount.
8. Proprietary Rights.
You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, buttons, icons and page headers) available on the Site are the property of ASUS Computer International or correspondent owners and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms is prohibited. ASUS Computer International relies upon a network of independent vendors who supply some of the goods advertised on the Site and who, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.
9. Submissions.
Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Site, submitted to ASUS Computer International, or otherwise communicated in connection with your use of the Site (collectively, "Submissions") shall be and remain the exclusive property of ASUS Computer International with no further compensation to you. As such, we will exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO ASUS COMPUTER INTERNATIONAL BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SUBMISSION TO ASUS COMPUTER INTERNATIONAL, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE REGARDING THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPERTY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR WILL CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO ASUS COMPUTER INTERNATIONAL THAT ASUS COMPUTER INTERNATIONAL IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY ASUS COMPUTER INTERNATIONAL, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. ASUS COMPUTER INTERNATIONAL takes no responsibility and assumes no liability for any content submitted by or posted by you or any third party.
10. Links to Third-Party Web Sites; No Implied Endorsements.
This Site may contain links to other web sites on the Internet. You acknowledge that we cannot control such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third-party, third-party website or third-party product or service be construed as an approval of or endorsement by us of that third party, third-party website or of any product or service provided by a third party.
11. Indemnification.
By using this Site, you agree to indemnify, hold harmless and defend ASUS COMPUTER INTERNATIONAL, its parent company, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms ; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully and as reasonably required in the defense of any claim. ASUS COMPUTER INTERNATIONAL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Disclaimer of Warranty.
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, ASUS COMPUTER INTERNATIONAL DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability.
IN NO EVENT SHALL ASUS COMPUTER INTERNATIONAL, ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, STORED OR MAINTAINED BY ASUS COMPUTER INTERNATIONAL, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ASUS COMPUTER INTERNATIONAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ASUS COMPUTER INTERNATIONAL, ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION TO YOU ON THIS SITE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO ASUS COMPUTER INTERNATIONAL IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ASUS COMPUTER INTERNATIONAL, ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF ASUS COMPUTER INTERNATIONAL.
Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
14. International Use.
We make no representation that information on this Site is appropriate or available for use outside United States. Those who choose to access this Site from outside United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
15. ASUS Computer International’s Affiliates.
ASUS Computer International is not affiliated with web sites or third parties that sell or advertise our products without written agreement from us. ASUS Computer International reserves the right to void all service, return, and other policies for orders and ASUS Computer International products that were purchased through unauthorized sellers. ASUS Computer International is not responsible for any representations by unauthorized sellers.
16. Unavailability of Site; Termination; Fraud.
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, at our sole discretion, terminate or suspend your use or access to all of or part of the Site or your account or usership, for any reason, including without limitation, breach of these Terms . If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms or your usership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations that by their nature should survive termination) will survive termination.
17. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the alleged infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. With regard to copyright issues, please contact us directly.
18. Arbitration Agreement.
Please carefully review this section. Unless otherwise provided in these Terms, you waive your rights to try any claim in court before a judge or jury and to consolidate any claim or participate in any class, collective or other representative action.
18.1 Binding Arbitration & Class Action Waiver.
Before you may initiate an arbitration proceeding, you agree to engage in a good faith effort to resolve the dispute informally with us for 60 days, unless that time is extended by agreement. You must send a written notice of the dispute that includes all of the following information: your name and contact information, information sufficient to identify any account and transaction at issue, and a detailed description of the nature and basis of the dispute and the relief sought, including a good faith calculation for it. The written notice must be personally signed by you. You must send this notice to ASUS Computer International at CT Corporation System at the address identified in Section 18.3. You may commence arbitration if the dispute is not resolved through this process.
Subject to provisions below and all applicable laws, you agree to give up: (is) your right to litigate any claims that may arise hereunder in court before a judge or a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum, including any right to class arbitration or any consolidation of individual arbitrations. Instead, any claim, dispute, or controversy of any kind or nature arising out of, relating to, or in connection with these Terms or your relationship or interaction with us which cannot be amicably resolved between you and us shall be solely and finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable arbitration rules. If the AAA is unable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall arbitrate before JAMS in accordance with their Streamlined Arbitration Rules & Procedures. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before one arbitrator. The location of the arbitration and the parties’ right to a hearing will be determined in accordance with AAA’s (or JAM’s) applicable arbitration rules. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California without regard to its choice of law provisions. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Payment of all arbitration fees will be governed by the AAA (or JAMS) Rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class, collected, consolidated, or representative claim of any kind or nature. This Section 18 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
18.2 Small Claims.
Notwithstanding the foregoing, any claims or disputes falling within the applicable jurisdictional and monetary limits of small claims court must be submitted to small claims court rather than submitted to binding arbitration. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute, i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
18.3 Future Changes to Arbitration Agreement.
If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change:
ASUS Computer International
CT Corporation System
330 N BRAND BLVD
GLENDALE, CA 91203
Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and us in accordance with this version of the arbitration agreement.
19. Governing Law, Jurisdiction and Jury Waiver.
Except as set forth in the Arbitration Agreement above, all matters relating to, arising out of, or in connection with these Terms, products, or your relationship or interaction with us hereunder will be governed by the applicable laws of the United States and the laws of the State of California, without regard to California’s choice of law provisions. In the event it is determined that, pursuant to these Terms, a claim or dispute should not proceed through arbitration, you agree that any claim or dispute shall be exclusively submitted to and resolved in the federal or state court located in Sata Clara County, California, and you submit to the personal jurisdiction of that court. To the extent permitted by law, both parties waive the right to a jury trial.
20. Miscellaneous.
Unless otherwise specified herein, these Terms, together with the Privacy Policy, constitute the entire agreement between you and ASUS Computer International with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ASUS Computer International with respect to the Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of ASUS Computer International to act with respect to a breach by you or others does not waive ASUS Computer International's right to act with respect to subsequent or similar breaches. ASUS Computer International's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms of these Terms.