BY USING THIS SITE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SITE. NOTE: IF YOU HAVE SIGNED A SEPARATE, FORMAL PURCHASE AGREEMENT WITH GOLDENRAM, THAT SEPARATE AGREEMENT SHALL GOVERN THE TERMS OF THE BUSINESS RELATIONSHIP.
Any agreement for the purchase of goods and/or services from UpgradeDetect, Inc. d.b.a. GOLDENRAM ("GOLDENRAM") shall be governed by and is made subject to these GOLDENRAM Business Terms and the Returns Policies stated below (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by GOLDENRAM to Customer. This Agreement may not be amended or modified except by a written instrument executed by the party against whom enforcement is sought. GOLDENRAM may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its web site. Customers are advised to check this site periodically for any such changes. Prices and availability are subject to change without notice.
Important Information About This Contract
This Agreement is a legal contract between the Customer and GOLDENRAM. The Customer accepts this Agreement by making a purchase, placing an order, or otherwise shopping on GOLDENRAM's website. (References to "you" or "your" shall relate to the Customer; references to "GOLDENRAM" shall relate to UpgradeDetect, Inc. d.b.a. GOLDENRAM.) The terms and conditions of this Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. The Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by GOLDENRAM. Electronic records (including signatures), that are otherwise valid, shall be accepted under this Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting GOLDENRAM at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Agreement or any terms and conditions on our invoice, you agree that the provisions of this Agreement and our invoice shall control. In the event of a conflict between our invoice and the Agreement, the terms of the Agreement shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GOLDENRAM AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED INCLUDING BUT WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, OR THOSE WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. GOLDENRAM AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE OF DATA, OR DAMAGE RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GOLDENRAM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Risk of Loss
All equipment will be delivered to Customer f.o.b. from GOLDENRAM's facility or the facilities of any of GOLDENRAM's vendors who are shipping directly to Customer. Regardless of the terms of shipment and who pays for freight, the risk of loss shall pass to Customer when the equipment is delivered to the transportation carrier, and GOLDENRAM is not responsible for any loss or damages to the equipment during shipment. GOLDENRAM strongly recommends that Customer obtain insurance for shipments, as neither GOLDENRAM nor its suppliers will insure such shipments. GOLDENRAM will use its best efforts to meet the delivery time stated but does not, under any circumstances, guarantee delivery by the stated time and is not responsible for any direct, indirect or consequential damages caused by the failure to meet the stated delivery time.
Customer's Responsibility for Certain Shipping Charges
If Customer requests shipping charges be paid either on a collect basis or on Customer's account with the shipping company, and Customer refuses the shipment or refuses to pay the applicable shipping charges, GOLDENRAM may bill Customer, and Customer agrees to pay GOLDENRAM, for all resulting charges incurred by GOLDENRAM either directly or through its supplier.
Export Sales, and Compliance with U.S. Export Control Laws and Regulations
If this transaction involves an export under the Export Administration Regulations as established by the U.S. Department of Commerce, the commodities, technology and/or software sold or licensed under this Sale Agreement exported from the United States by GOLDENRAM were exported in accordance with the Export Administration Regulations.
Diversion, use, export or re-export contrary to United States law is prohibited. The Customer warrants that it will not export any product in violation of any U.S. export control law. The commodities, technology and/or software sold or licensed under this Sale Agreement may not be exported or re-exported to Angola, Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or countries on any U.S. government sanctioned boycott list, or to entities and persons that are ineligible under U.S. law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States.
Orders Placed from This Website
Website order acknowledgements are not a contract and do not constitute an acceptance of your order, but only a record of your offer to purchase a particular item at a particular price. [After you place an order, UpgradeDetect, Inc. d.b.a. GOLDENRAM will determine whether or not to fill the order and GOLDENRAM may refuse or limit your order for any reason.] By placing an order from the website, you agree to accept all terms and condition set forth anywhere on this website, including UpgradeDetect Incorporated's terms and conditions of sale. UpgradeDetect, Inc. d.b.a. GOLDENRAM reserve the right to accept, refuse, or limit an order for any reason, including, but not limited to credit review, the unavailability of a product or errors in the prices and product descriptions posted on this website.
By placing your order, you agree that UpgradeDetect, Inc. and GOLDENRAM's total liability, under any legal theory or claim shall be limited to the purchase price actually paid to GOLDENRAM for the product giving rise to any alleged liability to GOLDENRAM or UpgradeDetect, Inc.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
Pricing and Information DisclaimerAll pricing is subject to change without notice. For all prices, products and offers, GOLDENRAM reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While GOLDENRAM uses reasonable efforts to include accurate and up-to-date information on the Site, GOLDENRAM makes no warranties or representations as to the Site's accuracy. GOLDENRAM assumes no liability or responsibility for any errors or omissions in the content on the Site.
Orders; Payment Terms; Interest and Taxes
Orders are not binding upon GOLDENRAM until accepted by GOLDENRAM.
Terms of payment are within GOLDENRAM's sole discretion. For the purpose of establishing or continuing to offer the Customer an open account credit limit, GOLDENRAM may require the Customer to furnish all financial information reasonably requested by GOLDENRAM in connection with its credit evaluation process. The Customer agrees that GOLDENRAM shall have at its sole and absolute discretion the right to decline to extend credit to a Customer, and to require that the Customer pay for products prior to shipment. GOLDENRAM reserves the right to change or revoke the Customer's credit limit at its sole discretion. The Customer shall not deduct any amount owing from any GOLDENRAM invoice without GOLDENRAM's express written approval.
Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. GOLDENRAM may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer agrees to pay all costs of collection including reasonable attorney's fees.
Customer will pay all Federal, state, local, excise, sales tax and other taxes imposed upon the products and services offered hereunder, excluding the taxes based on GOLDENRAM's income, assets or net worth. Customer may provide GOLDENRAM a tax exemption certificate (subject to review and acceptance by GOLDENRAM's tax department). Any tax imposed by federal, state or other governmental authority on or with respect to the sale, purchase, delivery or use of equipment and services shall be paid by Customer.
For the Customer's protection, we ship only to an address that can be verified according to our standards. In some circumstances, international shipping may be available.
Not all products purchased are returnable. In some cases, restocking fees apply. Customer agrees to pay any restocking fee assessed by GOLDENRAM or by the manufacturer or distributor from whom the merchandise was ordered or shipped. GOLDENRAM will allow a maximum of 5% return of a customer's average monthly purchases. In some cases, customers may purchase an extended return privilege on certain products.
Returns will not be accepted without a valid RMA number. Customers should contact Customer Support at 800-429-6431 or by email to email@example.com to request an RMA number. Please have the following information available and on hand: The Purchaser's name, Order number, Serial number, and Reason for the requested return.
All products approved for return MUST be 100 percent complete and contain ALL original manufacturer boxes with the original UPC code and packing materials, all manuals, warranty cards, accessories and any other documentation included with the original shipment. Under no circumstances can the following products be returned:
- Discontinued items
- Special order items
- Items for which manufacturers will not accept returns
- Items not purchased through GOLDENRAM
- Products that have been modified
- Customer warehousing product
- Open units, units which require re-boxing
- Units in an unsuitable resale condition
- Closeout, remanufactured and refurbished products
- Software and DVD Movie Return Policy
- Software may not be returned for refund or exchange without the approval of the manufacturer or distributor that provides the software to GOLDENRAM or directly to the Customer by drop shipment.
NOTE: Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer. Multiple licenses may not be returned beyond 30 days for any reason.
Shipping charges on returned items are the customer's responsibility. For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery.
If you receive damaged merchandise, it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for GOLDENRAM to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify GOLDENRAM immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify GOLDENRAM of damaged goods within the first 7 (seven) days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Contact Customer Support at 800-429-6431 to arrange for carrier inspection and a pick up of damaged merchandise.
Limited Product Warranty
EQUIPMENT, PRODUCTS OR SERVICES PURCHASED BY CUSTOMER FROM GOLDENRAM THAT WERE MANUFACTURED, PRODUCED OR PROVIDED BY THIRD PARTIES ("THIRD PARTY PRODUCTS") ARE PROVIDED ON AN "AS IS" BASIS, AND GOLDENRAM MAKES NO WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS.
If the Customer discovers within any applicable warranty period a failure of the Third Party Products to substantially conform to the specifications or a defect in material or workmanship, The Customer must promptly notify the manufacturer in writing. The Customer will look solely to the third party that manufactured, produced or provided the Third Party Products for recovery on any claim of liability, whether express or implied, and will hold GOLDENRAM harmless therefrom. GOLDENRAM's sole responsibility with respect to Third Party Products shall be to pass through to the Customer any manufacturer warranties of the Third Party Products.
Warranties on DRAM Products Manufactured by GOLDENRAM
UPGRADEDETECT INC DBA GOLDENRAM COMPUTER PRODUCTS warrants that its products are free from defects in material and workmanship. Subject to the conditions and limitations set forth below, GoldenRAM will, at its option, either repair or replace any of its products that are defective as a result of improper workmanship or materials. Repaired parts or replacement products will be provided by GoldenRAM on an exchange basis, and will either be new or refurbished to be functionally equivalent to new. If GoldenRAM is unable to repair or replace the product, GoldenRAM's entire liability will be to refund the current value of the product at the time the warranty claim is made. In no event shall GoldenRAM be liable for special, indirect, consequential, or special or punitive damages. GoldenRAM does not warrant products that have been subjected improper installation, accident, abuse, misuse, natural disaster, insufficient or excessive electrical supply, abnormal mechanical or environmental conditions, or any unauthorized disassembly, repair, or modification. GoldenRAM's limited warranty also does not apply to any product on which the original identification information has been altered, obliterated or removed, has not been handled or packaged correctly, has been sold as used or second-hand product, or has been sold or resold contrary to U.S. export regulations. This limited warranty covers only repair, replacement or refund for defective GoldenRAM branded products, as provided above. GoldenRAM is not liable for, and does not cover any loss of data or any costs associated with determining the source of system problems. GoldenRAM is also not liable for removing, servicing or installing GoldenRAM products.
Duration of Warranty
Lifetime Warranty All branded GoldenRAM DRAM Products carry a Lifetime Warranty. Warranties are non-transferable and pertain to the original end-user (purchaser) only.
Products Excluded from Return Privileges
Due to manufacturers' policies, products from the following brands are not returnable: Apple, Toshiba, IBM, and Hewlett-Packard/ Compaq. GOLDENRAM may not accept returns for exchange, replacement or credit. If you receive a unit that is inoperable FOR ANY REASON, you may contact us for information on warranty service through the manufacturer at an authorized service center in your area.
Due to manufacturer's policies, all Sun Microsystems products are non-returnable; GOLDENRAM cannot make any exceptions to allow returns on these items, for any reason. Customers must contact Sun Microsystems directly for service.
Additional manufacturers may be added to this list as: manufacturer policies change, manufacturers go out of business or in the case of specially ordered items.
GOLDENRAM reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items.
Negation of Warranty
GOLDENRAM does not warrant (a) product, components or parts not produced by GOLDENRAM, (b) defects caused by failure to provide suitable installation or application environment for the equipment, (c) damage caused by use of the equipment for purposes other than those for which they were intended, (d) damage caused by disaster such as fire, flood, wind and lightning, (e) damage during shipment, (f) damage caused by unauthorized modification or improper installation of the equipment, or (g) any other abuse or misuse by Customer. No agent or employee of GOLDENRAM or any other party is authorized to make any warranty in addition to those made in this Agreement.
Disclaimer of Warranty
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND GOLDENRAM HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Except for loss, damage and expense caused by gross negligence or intentional misconduct, neither party shall be liable to the other party for any indirect, special or consequential damages (including loss of profits) arising out of this Agreement, regardless of the form of action or theory of relief. Any liability arising under this Agreement is limited to the total fees and authorized costs received by GOLDENRAM for services rendered pursuant to this Agreement. Further, no action, whether for indemnification or otherwise, regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one (1) year after the damage, loss or expense occurred, except that an action for non-payment may be brought within one (1) year after the date of last payment. Except as otherwise provided herein, GOLDENRAM is not liable for any claim made by a third party or made by Customer for a third party.
Patent, Copyright and Trademark Indemnity
GOLDENRAM shall have no duty to defend, indemnify or hold harmless the Customer from and against any and all damages and costs incurred by the Customer arising from the infringement of patents or trademarks, or the violation of copyrights by products.
Copyrights, trademarks and other proprietary rights and laws protect the content and materials displayed on this site. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on the Site for commercial or public purposes.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), shall be settled exclusively by binding arbitration in Orange County, California by one arbitrator or judge pursuant to the Rules set forth in California Code of Civil Procedure 1280-1288.8. Judgment may be entered on the arbitrator's award in any court having proper jurisdiction. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Orange County, California. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Check payment policy
GOLDENRAM will accept a cashiers check or money order on all COD orders. Company checks may be accepted on COD orders at GOLDENRAM's sole discretion.
Credit card charges are not submitted until time of shipment. GOLDENRAM does not apply any surcharge for credit cards.
Other Payment Option
GOLDENRAM also accepts payments using PayPal
The terms, conditions and prices contained in any quote from GOLDENRAM are subject to change until such time as Customer accepts the quote, furnishes payment or an obligation to pay that is satisfactory to GOLDENRAM's Credit Department, and thereby converts or directs the conversion of the quote to an order. GOLDENRAM shall have no obligation to honor any quotes until they are so accepted and converted. Travel expenses, sales tax and freight and delivery are not included in this Agreement and, where applicable to services and products purchased by Customer hereunder, will be the responsibility of the Customer. This Agreement is subject to credit approval by GOLDENRAM. The Customer will provide appropriate credit references upon request and authorize to obtain credit history from such references. If Customer claims exemption from sales tax, an exemption certificate will be provided to GOLDENRAM prior to conversion of any order to which such exemption applies.
Relationship of the Parties
Customer do not have and will not represent that it has any right or authority to bind GOLDENRAM or to assume any responsibilities express or implied on behalf of GOLDENRAM. Nothing stated in these terms and conditions will be construed as creating a relationship as employee/employer, or principal/agent between the parties. The Customer will make no representations, warranties, or guarantees on GOLDENRAM's behalf.
All rules, regulations, terms and conditions accepted by you apply to all those authorized to access your account.
Failure or delay of or by GOLDENRAM to exercise a right or power under these terms and conditions shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
Linked Internet Sites
GOLDENRAM is not responsible for the content available on any other Internet sites linked to this site. Access to any other Internet sites linked to this site is at the user's own risk.
Access to Password Protected Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
The captions used herein are for reference purposes only and shall have no effect upon the construction or interpretation of any provisions herein.
GOLDENRAM One Call Help Desk ("OCHD") Services
ATTENTION: USING GOLDENRAM ONE CALL HELP DESK ("OCHD") SERVICES OR THIS WEB SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE OCHD SERVICES.
OCHD services are available at this time from 7:00am PST to 7:00 pm, EST, Monday through Friday and 7:00 am PST to 12:00 Noon EST, Saturday and Sunday, except for notified closures, typical maintenance, forces outside of its control (e.g., technical, power, communication, natural disasters) and other downtime requirements. OCHD services include interaction with a live technician who will attempt to improve the performance of your system by modifying your personal desktop software. Exemplary services include down-loading and running both fee based and free software fixes, along with manually modifying and repairing Microsoft operating systems, including 2000 and XP. The technician is also available for "how to" questions and various other problem resolution or problem identification services.
OCHD hopes that you will feel that you have received full value for your money. While in most cases this means finding a satisfactory resolution to your computer problem, there may be instances in which the problem is not fully or partially resolved. Moreover, there may be times that OCHD identifies the computer problem, but is unable to remotely repair your computer. In such case, OCHD will recommend hardware, network or software upgrades that may modify or improve your computers performance. The determination of whether or not you received value shall be at the sole discretion of OCHD. In the event OCHD determines that the user did not receive full value, OCHD will at its discretion solve the problem or issue a partial or full refund to you.
You agree to allow OCHD to temporarily control your computer and access your computer functions. You agree to leave your computer operating while OCHD is diagnosing, downloading or fixing your computer. For the most efficient and cost effective service, you agree to allow OCHD to download certain suggested software (may require fee-based if sufficient freeware is not available) or remove harmful software or databases to facilitate proper diagnosis or functioning of your computer. While OCHD will attempt to obtain your prior approval before deleting or installing important software, you agree to allow OCHD to improve your computer operations without obtaining your prior approval.
Use of Software
If you download software from this Site or if OCHD downloads (or suggests that you download) software to your computer, the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by OCHD or directly by the respective software vendor. Neither title nor intellectual property rights are transferred to you, but remain with OCHD or the respective software vendor, who owns full and complete title. You may not copy, transfer,sub resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.
You acknowledge and agree that OCHD may, only upon your selection of an approval icon, automatically access your computer and check the software, databases and/or its components that you are utilizing and may provide upgrades or fixes to the software that will be automatically downloaded to your computer. You understand that OCHD may access personal information on your computer or information related to your computer; however, OCHD shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by OCHD on your computer, except as required by law. Moreover, OCHD shall provide you with a function to automatically terminate OCHD access to your computer at any time. OCHD may use third parties to perform any of the services as long as the third parties conform to the terms of this Agreement. OCHD agrees not to knowingly transmit to your computer systems any virus, worm, Trojan-horse, sniffer, or other code designed to disrupt the functionality or availability of any of your computer systems, programs or databases. In fact, it is OCHD's intention to eliminate these nuisances.
OCHD Authorization to Download Software
You hereby designate and appoint OCHD as agent and attorneys-in-fact to act for and in your behalf to execute and submit any document and to do all other lawfully permitted acts with the same legal force and effect as if executed by you to purchase (if necessary), register and download software or for any other acts to further the purposes of the Agreement. OCHD shall require that you enter your own credit card number directly into the vendor website to facilitate the license of any software downloads that requires a one time or periodic fee. Alternatively, OCHD may request your permission to purchase software on your behalf, and if you agree, OCHD may purchase software on your behalf and charge your credit card as part of the OCHD invoice process. You agree to provide (and update) true, current, accurate and complete information about yourself as requested during the OCHD or vendor software registration process.
For any software which OCHD downloads to your computer and for which the software vendor requires review of the terms and conditions prior to download, OCHD shall send (via email only) a copy of any available software terms and conditions to you as soon as practical. If you disagree with any of the terms and conditions of the respective software for any reason, promptly uninstall the vendor software.
The respective software vendor shall be directly and solely responsible for all warranties, liabilities and customer service issues related to the vendor software. OCHD disclaims all warranties and responsibilities related to the vendor software, and OCHD shall not be liable to you or the software vendor for any reason.
Downloaded Vendor Software and Links To Third Party Web Sites
OCHD shall attempt to monitor the health of your computer and fix problems by providing suggestions, along with downloading and executing applicable components. OCHD does not guarantee that OCHD will locate, diagnose or fix any or all problems or eliminate all viruses, worms, spyware, etc. OCHD may download software applications that constantly or intermittently run on your computer which may execute code to analyze system performance and scan for problems. OCHD may provide links to other third-party Web sites or resources or downloads of third party software. Such links or software provided on this Site or by an OCHD representative are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. OCHD has not reviewed all of these vendor software and third party sites and does not control and is not responsible for any of the vendor software, sites or their content. Thus, OCHD makes no representations whatsoever about any other vendor software or web site which you may access through this Site, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the vendor software or sites linked to this Site, you acknowledge and agree that OCHD is not responsible for the availability of such external software, sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such software, sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that OCHD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party software, materials, content, products or services provided by OCHD or available on or through any such site or resource.
In consideration for OCHD providing its services or granting a license to certain OCHD software for the term of this Agreement, you shall pay to OCHD the fees based on the terms set forth in our pricing as is defined for each product, service and/or subscription offering on this website. The fee options relate to a single personal computer only. Additional fees are required for additional computers. OCHD reserves the right to increase the fees at the end of your subscription term. OCHD is entitled to recover any sums expended in connection with the collection of fees not paid when due, including reasonable attorneys' fees.
You may elect an option for a six month agreement or a twelve month agreement. If you enter into the per month plan for six or twelve months, OCHD shall not increase the fees during the contract period. If you terminate prior to the six or twelve month period, OCHD reserves the right to immediately charge for one months service if you have a six month agreement or two months service if you have a twelve month agreement or the remaining amount due on the contract; whichever is less. OCHD shall not begin providing services until payment is received or sufficient authorization is obtained for your credit card account. Until OCHD receives written notice of your termination, OCHD shall continue to charge the fees set forth in your term agreement.
You agree that all monies paid to OCHD are non-refundable except as indicated above under "Refunds & Returns".
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