This User Agreement, and all of its terms and conditions, constitutes a legal contract between you and GLOBAL DATA CENTER, INC. (“GLOBAL DATA CENTER, INC.”).
References to “you” or “your” shall relate to a customer of GLOBAL DATA CENTER, INC. or other party shop from GSA Advantage platform, GLOBAL DATA CENTER’s Website , accesses or otherwise uses (the “Customer”); references to “GLOBAL DATA CENTER, INC.” shall relate to GLOBAL DATA CENTER, INC. and its affiliates.
By visiting, browsing, shopping, accessing or otherwise using this site (“GSA Advantage”), you acknowledge that you have read, understood, and agreed 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 GLOBAL DATA CENTER, INC. from time to time, does not use this Site. The material provided by GLOBAL DATA CENTER, INC. on the GSA Advantage and its Website is protected by law, including, but not limited to, United States copyright law and international treaties.
This Sale Agreement is a legal contract between the Customer, and GLOBAL DATA CENTER, INC. Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping from GLOBAL DATA CENTER, INC. on the GSA Advantage or its Website. This Sale Agreement constitutes the entire agreement between the Customer and GLOBAL DATA CENTER, INC. relating to the purchase of goods or services on the GSA Advantage and its Website.
GLOBAL DATA CENTER, INC. cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the GLOBAL DATA CENTER’s GSA Advantage, and its Website, and GLOBAL DATA CENTER, INC. reserves the right to cancel any orders containing pricing errors, product discontinuation, manufacturer’s price changes, errors in advertisements with no further obligations to you, even after your receipt of an order confirmation or shipping notice from GLOBAL DATA CENTER, INC. GLOBAL DATA CENTER, INC. may, at its discretion, either contact you for instructions or cancel your order, and notify you of such cancellation.
This Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the the GSA Advantage and the GLOBAL DATA CENTER’s Website. Electronic records (including signatures), that are otherwise valid, shall be accepted under this Sale 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 the non-electronic form by contacting GLOBAL DATA CENTER, INC. at the address provided below.
GLOBAL DATA CENTER, INC.
5000 Birch Street, West Tower, Suite 3000
Newport Beach, CA 92660
*Use of GLOBAL DATA CENTER, INC. Website (WWW.GLOBALDATACENTER.COM)
*COPYRIGHT AND TRADEMARKS
TEXT, GRAPHICS, AND HTML CODE ARE PROTECTED BY THE UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS, AND MAY NOT BE COPIED, REPRINT, PUBLISHED, TRANSLATED, HOSTED, OR OTHERWISE DISTRIBUTED BY MEANS WITHOUT EXPLICIT PERMISSION OF THE GLOBAL DATA CENTER, INC.
Conflict Between the Terms and Conditions of the Customer Purchase Order (PO) / Order Number, and GLOBAL DATA CENTER’s Sale Agreement:
In the event of any conflict between the terms and conditions stated on your purchase order and, this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of the GLOBAL DATA CENTER’s Sale Agreement, and our invoice shall control.
This agreement and sales hereunder shall be governed by the laws of the State of California, without regard to conflicts of law’s rules. The customer consents to jurisdiction of federal or state courts located in Orange County, California for the purpose of any suit, action or proceeding arising out of this sales agreement.
Jurisdiction and Venue:
You agree that any legal action brought against GLOBAL DATA CENTER, INC. shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the GLOBAL DATA CENTER, INC. sites shall be an appropriate Federal or State court located in Orange County California.
Title- Risk of Loss:
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time, title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by GLOBAL DATA CENTER, INC. is GLOBAL DATA CENTER’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
If goods herein is purchased for the purposes of export, the Customer must obtain from the Federal Government certain export documentation before shipping to a foreign country. Furthermore, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside the United States.
*Pricing, Availability, and Delivery Information Disclaimer:
While GLOBAL DATA CENTER, INC. uses reasonable efforts to include accurate and up-to-date information on the GSA Advantage’s Terms and Conditions, and its Website makes no warranties or representations as to the Site’s accuracy. GLOBAL DATA CENTER, INC. assumes no liability or responsibility for any errors or omissions in the content on its Website, and GSA Advantage.
*Limitation of Liability:
In no event shall GLOBAL DATA CENTER, INC., and its subsidiaries or affiliates, or their respective partners, officers, directors, employees, shareholders, representatives or agents (collectively, ” GLOBAL DATA CENTER, INC.”) will not be liable for lost profit of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by third party except as expressly provided herein. You agree that GLOBAL DATA CENTER’s maximum liability arising from any product sold by GLOBAL DATA CENTER, INC. shall not exceed the price of such product. Some jurisdictions do not allow the limitation of exclusion of liability for certain damages, so the above may not apply to you to the extent such jurisdiction’s law applicable to this agreement.
GLOBAL DATA CENTER, INC. will not be liable for products or services not being available for use, or lost, or corrupted data, or software. Customer agrees that for any liability related to the purchase of products or services, GLOBAL DATA CENTER, INC. is not liable, or responsible for any amount of damages above the aggregate dollar amount paid by the customer for purchase (s) under this agreement.
*IN NO EVENT WILL GLOBAL DATA CENTER, INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PURCHASE PRODUCTS AND SERVICES OF THE GLOBAL DATA CENTER, INC. LISTED ON GSA ADVANTAGE, AND ITS WEBSITE (WWW.GLOBALDATACENTER.COM). OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF THE PRODUCT PURCHASED.THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PURCHASE ORDER (PO) / ORDER . CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statuary, common law, international tort and equitable claims arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships, which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), GLOBAL DATA CENTER’s advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the national arbitration (NAF); 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. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
In the event, a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, GLOBAL DATA CENTER, INC. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. GLOBAL DATA CENTER, INC. shall have the right to refuse or cancel any such orders, 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 canceled, GLOBAL DATA CENTER, INC. shall immediately issue a credit to your credit card account in the amount of the charge.
Orders are not binding upon GLOBAL DATA CENTER, INC. until accepted by GLOBAL DATA CENTER, INC. Terms of payment are within GLOBAL DATA CENTER’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. GLOBAL DATA CENTER, INC. 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 is responsible for sales, and all other taxes associated with the order.
Contact your GLOBAL DATA CENTER, INC. account manager for our most current and competitive rates, options and shipping specials. For the Customer’s protection, we ship only to the verified billing address of the Customer’s credit card. In some circumstances, international shipping may be available. Please call for details.
Return policy is subject to GLOBAL DATA CENTTER’s distributors return policies. Please contact your GLOBAL DATA CENTER account manager. Please call 800-200-1718, or e-mail to our customer support and service at email@example.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without a RMA number. For faster service, please have the following information on hand when calling for an RMA number:
*Refunds and Restocking Fee:
GLOBAL DATA CENTER, INC. shall automatically charge and withhold the applicable sales tax to end users for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Service and Support:
All requests for technical service and support for the new products should be made directly to the manufacturer in accordance with their terms and conditions. GLOBAL DATA CENTER, INC. will NOT provide technical support or compatibility with the product. All technical and installation assistance must be obtained from the product’s manufacturer.
All requests for technical service and support for the new products should be made directly to the manufacturer in accordance with their terms and conditions. GLOBAL DATA CENTER, INC. will NOT provide technical support or provide the product’s compatibility in customer environment and existing platform. All technical and installation assistance must be obtained directly from the product’s manufacturer.
Text, graphics, and HTML code display on thE GLOBAL DATA CENTER, INC. website are protected by US and International Copyright Laws, and no portion of its site may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission of the GLOBAL DATA CENTER, INC. You are not permitted to use the registered trademarks, logos or service marks without the unequivocal prior written consent of the GLOBAL DATA CENTER, INC., and/or its subsidiaries, and affiliates.
*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 GLOBAL DATA CENTER’s GSA Advantage catalog, and its Website.
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