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Terms of Use And Sale          Home > Help > Policies >  Terms of Use And Sale

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The following information is provided for reference and to answer most of your questions. If you need more detailed information, please call your MacMall Account Executive at (800) 622-6255
Terms of Use And Sale

Last Revised: June 13, 2014

Terms of Use And Sale

Acceptance By You of Terms. This website is provided by MacMall (which may be referred to as "MacMall" and which is a dba of M2 Marketplace, Inc., a Delaware corporation and may also be referred to in these Terms of Use and Sale as "we" or "us") subject to the following Terms of Use and Sale (the "Terms of Use and Sale" or the "Agreement"), which may be updated by us from time to time by us in our sole discretion and which you accept by your use of the Site (defined below). We reserve the right to alter this Agreement without advance notice by posting a revised Agreement. You can determine when this Agreement was last revised by checking the "Last revised" legend at the top of these Terms of Use and Sale.

These Terms of Use and Sale apply to your use of www.macmall.com website and any other domains listed from time to time or related to this website, hosted by or on behalf of MacMall. (individually and collectively, the "Site"). In addition, when using particular features or service(s) provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such features or service(s) including without limit the Terms of Sale which are applicable to any sale of a product, service or solution through any of the applicable websites. All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement. Notwithstanding the foregoing, any separate master agreement or statement of work covering specific products, services or solutions that is signed by an authorized representative of you and MacMall shall govern in the event of any conflict with these Terms of Use and Sale.

PLEASE READ THESE TERMS OF USE AND SALE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE TERMS OF USE AND SALE.

The Site may not be available at all times or in all areas. We may permit you to register for services, and/or deny service to you, at any time and in our sole discretion, including without limitation, in the event you do not adhere to the Rules of Conduct set forth below.  We reserve the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; and/or (c) modify or waive any fees charged in connection with the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after any such changes will indicate your acceptance of such changes.

Any questions about the meaning or application of these Terms of Use and Sale should be directed to warrantyinfo@macmall.com .

Description of the Content and Services.  We provide users of the Site with access to certain content concerning  us and our product, service and solution offerings, including without limit descriptions, contact information, links, and other specialized content (collectively, the "Content"), as well as opportunities to contact us or third parties, and other features and services (all of the foregoing, collectively with the Content, the "Site Services"). All new features made available through the Site that were not made available as of the "Last Revised" date above shall automatically become subject to these Terms of Use and Sale.

Prices and Availability. Because of the fast-moving nature of the IT supply industry, prices and availability are subject to change without notice. We are unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice and to cancel any order we are unable to fill where availability is constrained and an order is processed in error. Anticipated delivery dates are based upon vendor supplied information and are subject to correction or change.

Systems, Typographic, Photographic and Other Technical Errors. Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right in our sole discretion to substitute equivalent items if available. If an error is made and a product is listed at an erroneous price or shown as available when it is not, We may, at our sole discretion, refuse or cancel any such orders processed as a result of such error. If an order has been confirmed and charged to your credit card at the incorrect price or where we the product, service or solution is not available, we reserve the right in our sole discretion to immediately issue a credit in the amount of the incorrect price or unavailable product, service or solution.

Information Submitted By You Through or In Connection With the Site. Submissions of personal information through or in connection with the Site are governed by our Privacy Policy which is hereby incorporated into this Agreement by this reference. In consideration of your use of the Site and Site Services, you agree, where information is requested, to provide accurate, current, and complete information about yourself, to maintain the accuracy and completeness of such information, and to update it promptly in the event of any change. You agree that if any information you provide is false, inaccurate, incomplete, or not current, we may terminate your use of the Site and/or the Site Services. We are not liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.
As part of the registration process for certain Site Services, you may be asked to select a username and password. We may refuse registration to anyone, and/or require additional information prior to accepting any registration, in our sole discretion. Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site Services or any part of the Content to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at customerservice@macmall.com. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, users of the Site must respect the rights and dignity of others, and your use of the Site is conditioned on your compliance with the following Rules of Conduct. You agree you will not:

  • Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right.
  • Use the Site for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities.
  • Transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so.
  • Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  • Impersonate any person or entity, including, but not limited to, any  agent or representative of ours; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent.
  • Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, "spyware," or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
  • Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available; or disobey any requirements, procedures, policies, or regulations of such servers or networks.
  • Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
  • Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
  • Sell, license, or exploit for any commercial purposes any use of or access to the Content, Site Services or Site.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Site Services, or the Site.
  • Remove any copyright, trademark, or other proprietary rights notice contained in the Content, Site Services, or the Site.
  • Frame or mirror any part of the Site without our prior express written authorization.
  • Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Site.
  • Create a database by systematically downloading and storing all or any of the Content from the Site.

Our Proprietary Rights. You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content and the Site Services, are and shall remain our property or the property of our licensors or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of this Agreement. Except as expressly authorized in advance by us, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Site Services, that are made available on or through the Site.

  • You may request, and we may provide, from time to time, certain information which is our confidential information, and which we intend to protect as confidential (“Confidential Information”). Confidential Information includes, but is not limited to, specific proposals, pricing information, technical specifications and modifications to any of the foregoing, which we may provide to you orally or in writing. In addition to the restrictions on the use of any information set forth above, you agree to hold all Confidential Information in strict confidence, not to disclose it to any third party, and to use at least reasonable care to protect its confidentiality and prevent its unauthorized use or disclosure.
  • Our trade names, trademarks and service marks include without limitation: MacMall and any associated logos. All trademarks and service marks on the Site not owned us are the property of their respective owners. The trade names, trademarks, and service marks owned by us, whether registered or unregistered, may not be used in connection with any product, service or solution that is not offered by us, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our prior express written permission.

Limitation of Liability and Disclaimer of Warranties Related to Your Use of the Site.

  • THE SITE AND SITE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND THE SITE SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SITE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SITE SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS, SERVICES OR SOLUTIONS ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SITE SERVICE IS TO STOP USING THE SITE.

  • WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY SITE SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF ANYSITE SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (F) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.

  • While we try to maintain the Site's integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at webmaster@macmall.com with a description of the material(s) at issue, and the location ("URL") where such material(s) appear.

Links. The Site may provide links to other Internet websites and resources. Because we may have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. We may have no control over the sites that provide links to the Site, and you acknowledge and agree that we do not endorse such sites and are not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which we provide links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. We shall have the right, but not the obligation, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.

Your Representations and Warranties; Indemnity. You represent and warrant that you will comply with all applicable laws in connection with your use of the Site and Site Services. You agree to defend, indemnify, and hold us  and our sponsors, directors, officers, shareholders, licensors, employees, agents, partners, suppliers and representatives harmless, from and against, all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys’ fees) arising out of: (a) your activities in connection with the Site or Site Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

Dealings With Third-Party Providers of Goods and Services. Your correspondence or business dealings with, or participation in promotions sponsored by, any third-party advertisers or other third-party providers of goods, services or solutions found on or through the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties' materials on the Site.

Termination. You agree that we, in our sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site and/or the Site Services under any provision of this Agreement may be effected without prior notice. Upon termination of this Agreement, your right to use the Site will immediately cease. We shall not be liable to you or any third party for any termination of your access to the Site or any part thereof.

Filtering. Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the websites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up: http://www.netparents.org/parentstips/browsers.html.

Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to webmaster@macmall.com. You may also contact us by writing to: MacMall 1940 E. Mariposa, El Segundo, CA 90245 or by calling us at (800) 622-6255.

Additional Terms of Use and Sale

PLEASE READ FOLLOWING TERMS CAREFULLY BEFORE MAKING ANY PURCHASE THROUGH THE SITE OR WHICH IS OTHERWISE SUBJECT TO THESE TERMS OF USE AND SALE. Set forth hereafter are certain additional terms and conditions that apply to any purchase made by you (including your employer and/or any of its affiliates, or any other entity on whose behalf you are acting, “you” or “Customer”) from us using  the Site or otherwise subject to these Terms of Use and Sale. By using the Site, placing an order and/or submitting a purchase order to us that is subject to these Terms of Use and Sale you agree to be bound by this Agreement. If you and an authorized representative of ours have each signed and delivered a separate master purchase agreement, purchase order or statement of work, then such separate master agreement, purchase order or statement of work shall govern, to the extent of any conflict between its terms and those of this Agreement.

Order Acceptance Policy. Orders are not binding on us until accepted by in accordance with these Terms of Use and Sale, including without limit terms applicable to errors and our cancelation rights related thereto,  and we reserve the right to accept or decline any order for any reason, and/or to supply less than the quantity  ordered of any item without prior notice. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Until delivery of goods or performance of services we reserve the right to reject or cancel any order (or any portion thereof to the extent goods remain undelivered or services remain unperformed), for any reason or no reason. We are a reseller to end user customers and do not accept orders from computer dealers, exporters, wholesalers, or others who intend to resell the goods offered by us unless specifically agreed to in a writing signed and delivered to you by an authorized officer of MacMall. Customer hereby represents and warrants that it is not purchasing goods for export and/or resale unless pursuant to a separate written Agreement executed and delivered by an authorized officer of MacMall. In the event of any export, Customer agrees to comply with all applicable laws and regulations, including but not limited to U.S. Commerce Department regulations and State Department restrictions governing export from the United States and shall indemnify, defend and hold us harmless from any third party claim arising out of or related to any such export transaction.

Purchase Price and Payment. Prices, specifications and availability of goods and services are subject to change without notice. Customer will pay the price established by us for all goods ordered by Customer or using Customer’s account. Full payment shall be made before delivery of the goods, unless otherwise agreed in writing by us. Any amount that we agree may be paid after delivery is due to us within thirty (30) days, or such lesser period as may be determined by us as set forth in an applicable invoice. In addition to the purchase price and any shipping costs, Customer will pay all applicable taxes, including but not limited to sales, use, value added, gross receipts, privilege, excise and personal property taxes, levied on or measured by the purchase price or arising from the use of the goods and any parts or maintenance supplied or the services rendered. Prices do not, unless otherwise specified, include supplies.You agree to pay interest on all past-due sums at the lesser of 1.5% per month or the highest rate allowed by law.

Title and Risk of Loss. Title and risk of loss to all items purchased subject to these Terms of Use and Sale passes from us to you at the time of delivery by us to the shipping carrier, provided, however, title to software and other licensed items will remain with the applicable licensor(s). Customer shall have full liability for the safety and validity of delivery address given to us at the time of purchase. We will not incur any forwarding costs on shipments.

Shipping, packaging, handling and Insurance. You agree to pay all shipping, packaging, handling and related insurance costs and fees, which may include a profit. In the event that Customer returns goods permitted under this Agreement, Customer shall insure, at Customer’s expense, all goods shipped in an amount at least equal to the unpaid purchase price of the goods. CUSTOMER ASSUMES ALL RISK OF LOSS IN CONNECTION WITH THE SHIPMENT OF RETURNED GOODS

Rerouting. After shipment, packages cannot be rerouted or placed on hold for pick through carrier hub.

Purchase Money Security Interest . You hereby grant to us a purchase money security interest in all goods purchased hereunder, and in any proceeds thereof, to secure the unpaid purchase price of such goods, if any. Upon request by us you agree to sign any document required to perfect such security interest. Payment in full of an invoice for the total of the purchase price as shown on the invoice shall release the security interest on the invoiced goods.

Software Licenses. All software is provided subject to any manufacturer’s license agreement(s) and/or end user agreement(s) that are provided with it. Customer will be bound by all such licenses and/or end user agreements.

Delays in Performance. Any delivery times provided by us are estimates only. We shall not be liable for delivery delays, nor shall we be liable for any delay in performance due to unforeseen circumstances or to causes beyond our reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or inability of suppliers to deliver.

Alteration or Attachment to Goods. Any alteration, modification, addition, improvement or attachment to the goods (“Alteration”) not authorized in writing by us shall be solely at your expense and risk. In the event of any such unauthorized Alterations any warranty under this Agreement, including without limitation any warranty of merchantability or fitness of use that may be implied despite our express disclaimer of any such warranty, shall be deemed waived by you and shall be null and void, and we shall have no obligation to you under any such warranty, nor will you be entitled to return altered goods at any time.

Deposits. Without limiting any rights available to us, in the event that we accept a deposit from you for goods ordered: (a) if you fail to meet any schedule of payments listed on the invoice, or to complete the purchase for any reason other than for cancellation of goods not delivered, in addition to any other rights at law or in equity, we will have the right to, within one hundred and twenty (120) days of the deposit date, retain all cash, checks and credit card deposits as partial damages; and (b) if Customer chooses to pick up ordered goods rather than ship them, and if Customer fails to pick up ordered goods within two (2) weeks of the posting of the arrival notice from us, you agree to forfeit all cash, check or credit card deposits for the goods.

Training. If indicated on the invoice or otherwise agreed to in writing by us, upon delivery and/or installation, we or our designee will provide training in the operation of the goods to a member of Customer’s staff. All training will be performed at a mutually agreeable time at the hourly training rate currently in effect at the time the training is performed. Training is not offered as vocational training or as qualifying for any particular employment.

Maintenance. We agree to provide maintenance and/or service (“Maintenance”) to Customer as described on an applicable invoice accompanying goods shipped to Customer or in a separate agreement for Maintenance. All Maintenance will be at our service department or at another location chosen by us unless otherwise agreed between us and you under a separate agreement for Maintenance. All Maintenance, except that performed under manufacturer’s warranty, will be performed at our standard rates in effect at the time the Maintenance is performed. WE HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, WARRANTY OR SUPPORT SERVICES TO ANY CUSTOMER UNLESS AND UNTIL WE HAVE RECEIVED FULL PAYMENT FOR ANY GOODS PURCHASED.

DISCLAIMER OF WARRANTIES. ALL GOODS AND SERVICES SOLD UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EXCEPT THOSE EXPRESSLY CONFERRED BY THE MANUFACTURER. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITS OF LIABILITY. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, HOWEVER CAUSED, ARISING FROM THE USE OF ANY GOODS OR SERVICES, EVEN IF ANY SUCH PARTYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY TO THE EXTENT SUCH STATE’S LAW IS APPLICABLE TO THIS AGREEMENT. CUSTOMER AGREES THAT CUSTOMER’S SOLE REMEDY SHALL BE TO RETURN GOODS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND, IF APPLICABLE, TO OBTAIN A REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID BY CUSTOMER TO US, LESS ALL SUMS, IF ANY, CUSTOMER OWES US.

Disputes Related to Use of the Site or Purchases. Any claims against us relating in any way to your use of the Site or the Site Services or any purchases made by you through the Site or subject to these Terms of Use and Sale shall be submitted to confidential arbitration in Los Angeles, California. 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. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding the Site or the Site Services, your use of the Site or the Site Services or any purchases made by you through the Site or subject to the Terms of Use and Sale shall be brought in the state or federal courts located in Los Angeles County, California, and you hereby agree and submit to such jurisdiction and venue as exclusive and proper.

Right of Offset. At any time that an amount is due to us, we shall have the right, without prior notice, to set off and apply any amounts otherwise owed by us to purchaser, to any amounts owed to us by purchaser, in all cases.

Governing Law and Documentation. Transactions between you and us, and any disputes arising between us related to any interaction between us resulting or connected to your use of the Site or the Site Services or any purchases by you made through the Site or subject to these Terms of Use and Sale, including but not limited to claims relating to the content of any of our catalogs or the Site, shall be governed by and construed in accordance with the laws of the State of California without regard to the laws regarding conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and Sale, together with any the policies printed in any of our catalogs or on the Site, as applicable, and any policies, terms or conditions stated on any applicable of our invoices or packing slips, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties and no conflicting purchase order or other document not executed and delivered by an authorized officer of PCM, Inc. shall be deemed to have been accepted by us or to apply to any such matters or transactions.

Jurisdictional Issues. The Site is controlled and operated by us from our principal offices in the State of California, U.S.A., and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America. We do not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Site Services or goods, services or solutions you obtain from us to any country outside of the United States or Canada. You agree not to use all or any part of the Site from (as applicable) Cuba, Iran, Libya, Myanmar (Burma), Sudan, Syria or any other country to which the United States has embargoed goods; and you represent, warrant, and covenant to us that (a) you are not located in or under the control of any such country, and (b) you are not a person or entity that appears on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under this Agreement without our prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to these Terms of Use and Sale or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Pricing and Product Availability

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Pricing and Product Availability

We cannot sell many manufacturer’s products to resellers, including products from: Apple, Hewlett Packard & Microsoft. All website orders with an individual product quantity over 5 are subject to review and cancellation. Please call us 24/7 at 1-800-622-6255 to place large quantity orders.

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Shipping Options and Policies

AT MACMALL, WE STRIVE TO SHIP YOUR ORDER AS QUICKLY AS POSSIBLE. HOWEVER, BECAUSE OF INVENTORY, SHIPPING, AND MATTERS OUTSIDE OF OUR CONTROL, OUR STATEMENTS AS TO USUAL SHIPPING TIMES ARE NOT GUARANTEES OR PROMISES THAT A PRODUCT WILL SHIP ON A SPECIFIC DAY. IF YOU WISH TO FIND OUT THE EXPECTED DATE OF SHIPMENT ON A PARTICULAR ITEM OR ORDER, PLEASE CALL US AT (800) 622-6255 FOR MORE INFORMATION. AT A MINIMUM, WE EXPECT THAT ALL IN STOCK ORDERS WILL BE SHIPPED IN 30 DAYS.

We ship both from our central warehouse and directly from many of our distributors and manufacturers to insure the best availability. If your order is unavailable in our central warehouse, we may ship from one of our distributor or manufacturer partners to provide you with the best availability possible. When the product is shipped from these different locations cut off times may vary, and your chosen shipping method may not be available. We use a highly efficient inventory, shipping and delivery system-our efficiencies result in huge savings that we pass along to you! We offer a wide variety of shipping options and special deliveries.

Our carriers include FedEx, United Parcel Service (UPS), U.S. Postal Service (USPS), DHL Airways, and a number of ground carriers.
Please review our shipping options and policies, and plan your purchases accordingly. Due to special package requirements we may not be able to ship products to certain areas or be constrained on our shipping options. For more details or special shipping requirements, please call your Account Executive at (800) 622-6255.

Read the details of our Shipping & Delivery
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Payment Methods
Credit Cards

MacMall accepts VISA, MasterCard, Discover, Diner's Club card, American Express cards, and federal government credit cards. We do not charge your credit card for an item until it is shipped. All credit card orders are subject to credit verification and approval. For your protection, credit card orders shipped to an address other than your billing address may require additional verification. Please noted cards attached to checking accounts may have longer times and added procedures for verification as well as daily limits.

Personal and Business Check


MacMall will accept personal and business checks for prepay orders. Allow for 10 business days for clearing on top of delivery time of check to our business. You may also mail in certified checks, money orders, and cashier’s checks for payment. Product is not set aside until order clears so stock on hand may change from the time the order is placed. For security reasons, prepay orders are taken over the phone only. Please call (800) 622-6255 to place your orders.


Third Party Leasing through MacMall


All lease payments are exclusive of applicable taxes. Minimum lease payment is $50 per month. All leases require an administrative fee of $49.95 to be billed on the first invoice. Third party suppliers provide leasing services or more detailed information, please follow the link provided or contact your Account Executive at ((800) 622-6255).



MacMall Preferred Account


The Preferred Account is offered as a payment method, with any applicable promotional financing options, through the online checkout process or over the phone with an authorized sales representative. A Preferred Account credit card is offered through WebBank located in Salt Lake City, Utah ("the Lender"). By using MacMall Preferred Account to complete this purchase, you apply for credit and you agree that you have read the Terms and Conditions; you authorize the Lender to review your credit report and you understand that this account is subject to Finance Charges and Late Fees and is governed by Federal law and the law of the state of Utah. You authorize the Merchant to share your personal information, including email address, with the Lender, and authorize the Lender to use that information for all lawful purposes in connection with the account. If you are approved, you can use the account immediately.


Bill Me Later


The Bill Me Later financing option is offered as a payment method, with any applicable promotional financing options, through the online checkout process or over the phone with an authorized sales representative. Bill Me Later® is an open-ended credit plan offered through WebBank located in Salt Lake City, Utah ("the Lender"). By using Bill Me Later® to complete this purchase, you apply for credit and you agree that you have read the Terms and Conditions; you authorize the Lender to review your credit report and you understand that this account is subject to Finance Charges and Late Fees and is governed by Federal law and the law of the state of Utah. You authorize the Merchant to share your personal information, including email address, with the Lender, and authorize the Lender to use that information for all lawful purposes in connection with the account. If you are approved, you can use the account immediately.


Wire Transfers and Other Payment Methods


If you wish to arrange another payment method, such as a wire transfer, please contact your Account Executive at ((800) 622-6255) for assistance. Wire transfers require an additional fee.


Mail Orders


Send all mail orders and payments to MacMall/MacMall Mail Order Dept., File 55354, Los Angeles, CA 90074-5354. Allow ten business days for orders to process.

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Returns Policies & Procedures

MacMall prides itself on a tradition of outstanding customer care and support. Our devoted team of account representatives understands that our customers are the hallmark of our enduring partnerships.

If you are not satisfied with your purchase, you may return most items within 14 days of the date of shipment. We will exchange items or give you a refund for the full amount of your order. All returned items must be in their original box and include packing material, manuals and all accessories.

At MacMall’s discretion, a restocking fee may be charged if your product is opened or is not returned in its original condition, box or is missing packing material, manuals or any accessories.

Most of the products sold by MacMall are subject to a manufacturer's warranty. The warranty provided by the manufacturer is the first place to look for assistance with difficulties that may accompany your purchase. To obtain information regarding manufacturer's warranties, please refer to their website or contact us at 1-800-MACMALL or warrantyinfo@macmall.com

APPLE COMPUTER PRODUCTS: Apple offers a one year warranty on all new equipment. During the warranty period, you may call 1-800-275-2273 to receive warranty service. Apple will attempt to solve your problem via phone. If they are unable to solve the problem, they will either dispatch a replacement via Airborne Express or will direct you to the closest Apple service center. In most cases, contacting the 800 number is the most expedient manner to obtain warranty service on Apple equipment.

NO RETURNS OR EXCHANGES FOR:

  • Product is returned incomplete or defaced
  • All consumable items (e.g., film, tapes, paper, bulbs, CD, DVDs, etc.) once unwrapped
  • Returned items with a different serial number from what was originally sent
  • Warranty cards are filled out
  • You (purchaser) do not have your original receipt (No copies or facsimiles will be accepted)

CUSTOM CONFIGURATIONS or ENGRAVED ITEMS: No returns or refunds will be made for items that are special ordered for you, are for unusual custom configurations of systems or for items that have been engraved.

SOFTWARE: Opened software, and Electronic Download Software (ESD), are not returnable. Unopened software, after 7 days of receipt of product, is also not returnable. All licensing sales are final. Defective software may be returned within 7 days of invoice date only for exchange of the same title. Original shipping charges are not refundable. Shipping charges on returned software are the responsibility of the customer.

DAMAGED SHIPMENTS: If your shipment arrives damaged: You must note the damage on the carrier's delivery record in accordance with the carrier's policy, save the merchandise in the original box and packing it arrived in, and notify MacMall immediately to arrange for a carrier inspection and pick up of damaged merchandise.

HOW TO RETURN PRODUCTS: Please contact MacMall within 14 days of shipment for a Return Authorization (RA) number before returning your product to MacMall. No returns of any type will be accepted without a RA number. For faster service, please have the following information on hand when calling for an RA number: customer name, order number, item number and serial number and the reason for the return. Once an item arrives at MacMall, we will immediately send a replacement or issue a refund. Returns must be made within 15 days of Return Authorization being provided.

Shipping charges: Original shipping charges are not refundable. Shipping charges on returned products are the responsibility of the customer. MacMall will match the shipping method and pay for shipping charges on replacement or exchange products. We strongly recommend you fully insure your return shipment in case of loss or damage.

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Order Cut Off Time

Order Cutoff Time
Each order must be credit approved and transmitted to the shipping warehouse before the cutoff time of that warehouse location. Same-day shipping cutoff times vary by warehouse location and may range from 2:00pm EST to as late as 10:00pm EST. If you need further verification regarding your order, please call us at (800) 622-6255.

Orders placed and/or credit approved later than the applicable warehouse cutoff time will ship the next business day. Orders placed and credit approved anytime Sunday for in-stock items will ship on the following Monday.

We currently provide no price protection after a purchase has been made.

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Applicable Taxes

Applicable Taxes
Any sales, use or other applicable tax is based on the location to which the order is shipped. If you believe your purchases are not subject to sales tax, please contact your Account Executive for assistance at (800) 622-6255 prior to placing an order.

Seller does not collect sales or use tax in a number of states, including without limit, the states of Oklahoma, Vermont, South Dakota and Kentucky; your purchases may be subject to state and local taxes even though we may not collect such taxes; your purchases are not tax exempt solely because they are made over the internet or via catalog; your ship-to state may require all non-taxed purchases to be reported (for example the states of Oklahoma, Vermont, South Dakota and Kentucky require a customer in these states to report such non-taxed internet or catalog purchases and to pay applicable taxes on such purchases); sales and use taxes are your responsibility; please contact your ship-to states’ taxing authority for tax forms and reporting procedures that may be applicable to your taxable purchases. For additional information please click this link Remote Seller Disclosure MacMall.

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International Orders
International Orders
International orders are taken over the phone only. Please call 310-354-5600 for rates, restrictions and other special arrangements for your orders. Please note that many products' warranties do not provide coverage outside the U.S., and some products may not be exported due to manufacturers' restrictions or U.S. laws. MacMall makes no representations regarding warranty coverage, compatibility, or serviceability for products that are used outside the U.S. Orders for shipment outside the US are subject to higher shipping, handling and processing fees, applicable customs, duties and taxes, all of which are the responsibility of the customer.
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Mandatory Arbitration

Mandatory Arbitration. THIS SITE, OR THE PURCHASE OR SALE OF ANY PRODUCTS OR SERVICES, WILL BE RESOLVED BY FINAL, BINDING ARBITRATION, INSTEAD OF IN COURT, except that (a) you may take claims to small claims court, if they qualify for hearing by such court, and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement. This agreement to arbitrate extends to claims that you assert against other parties, if you also assert claims against us in the same proceeding. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

For all disputes, you must first send a written description of your claim to our Customer Service department. You can contact our Customer Service department by email (customerservice@macmall.com) or U.S. Mail (MacMall, 1940 East Mariposa Avenue, El Segundo, CA 90245). We each agree to negotiate in good faith to settle your claim or dispute. If we do not reach agreement within 30 days, you may pursue your claim in arbitration, or in small claims court as described above.

To pursue your claim in arbitration, you must serve our registered agent with an arbitration demand. Our registered agent can be served at The Corporation Trust Company - 1209 Orange Street, Wilmington, DE, 19801. The arbitration will be administered by the American Arbitration Association (“AAA”). The AAA’s Supplementary Procedures for Consumer-Related Disputes will apply, as modified by this Agreement. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. You will pay your share of the arbitrator’s fees except: (a) for claims less than $25, we will pay all arbitrators’ fees; and (b) for claims between $25 and $1,000, you will pay $25 for the arbitrator’s fee. You and we agree to pay our own other fees, costs, and expenses including those for counsel, experts, and witnesses.

You and we agree that this Agreement involves interstate commerce and, despite the choice of law provision in Paragraph 21, the Federal Arbitration Act and federal arbitration law govern arbitrations under the Agreement. An arbitrator may only award as much relief as a court having jurisdiction in the place of the arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of the Agreement, including the limitation of liability in Paragraph 18. An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory relief does not apply beyond your dealings with us) or summary judgment under applicable law. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

CLASS ACTION WAIVER. YOU AND WE ACKNOWLEDGE AND AGREE THAT WE EACH WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. This class action waiver applies if you bring your claim in arbitration and if you bring your claim in small claims court. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION OTHER THAN A SMALL CLAIMS COURT. SHOULD ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE AGREEMENT SHALL OTHERWISE REMAIN BINDING.

JURY TRIAL WAIVER. YOU AND WE ACKNOWLDGE AND AGREE THAT, if a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

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Additional Information

MacMall policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible. However, MacMall is not liable for late or delayed shipments or system failures. Title to items being purchased passes from MacMall to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of MacMall 's agreements with numerous vendors in the catalog forbid us from exporting product. Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit and without intent to infringe on the mark holder.

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Get exclusive discounts on your favorite Apple products today!

Your Biggest Source for Everything Apple!

MacMall is the #1 Apple Direct Reseller. We sell more Apple-branded products than any other direct Apple reseller. Since 1987, MacMall has been supplying Mac computers, Mac software, iPods, iPad accessories, and more Apple brand products and consumer electronics to consumers, businesses, and creative professionals.

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